SATISFACTION of Judgment

TRANSCRIPT OF PROCEEDINGS held on 4/13/22 before the Honorable Rebecca R. Pallmeyer. Order Number: 43048. Court Reporter Contact Information: Frances Ward - wardofficialtranscripts@gmail.com - (312)435-5561. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/17/2022. Redacted Transcript Deadline set for 5/27/2022. Release of Transcript Restriction set for 7/25/2022.

SATISFACTION of Judgment

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone conference convened. For the reasons stated on the record, motions to dismiss for lack of jurisdiction and to vacate default judgment [162, 164] are granted. Plaintiff has no evidence that either of the moving Defendants has made even one sale into the State of Illinois. Personal jurisdiction is therefore lacking. With respect to Defendant #126, internet postings appear to advertise after-market products compatible with those of Plaintiff KTM, not products manufactured by KTM. Plaintiff is directed promptly to release funds restricted by this court's previous orders. This ruling is without prejudice to litigation, if any, seeking recovery for losses incurred by Defendants. Defendants riderlover-us, Vagrant-us, and xxt-xxt288 are dismissed from this suit. Mailed notice

SATISFACTION of Judgment

SATISFACTION of Judgment

MINUTE entry before the Honorable Rebecca R. Pallmeyer: A telephonic motion hearing is set for 4/13/22 at 9:30 a.m. on the motion to vacate default judgment. Members of the public and media will be able to call in to listen to the hearing. Instructions and a link to the conference number are located on Judge Pallmeyer's website. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

REPLY by xxt-xxt288 to MOTION by Defendant xxt-xxt288 to dismiss for lack of jurisdiction MOTION by Defendant xxt-xxt288 to vacate default judgment[164], Response[172]

RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendant's Motion to Dismiss and Vacate Default Judgment

附件：

1:Exhibit A
2:Exhibit B
3:Exhibit C

SATISFACTION of Judgment

REPLY by Vagrant-us, riderlover-us to Response[169], MOTION by Defendants riderlover-us, Vagrant-us to dismiss for lack of jurisdiction MOTION by Defendants riderlover-us, Vagrant-us to vacate Default Judgment[162]

RESPONSE by Plaintiff KTM AG Plaintiff's Response to Defendants' Motion to Dismiss and Vacate Default Judgment

附件：

1:Exhibit Group Exhibit A
2:Exhibit B
3:Exhibit C

MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court adopts the parties' proposed briefing schedule on defendant's motion to dismiss [164] as follows: Plaintiff's response shall be filed by 02/25/2022 and defendant's reply shall be filed 03/18/2022. Mailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

MOTION by Defendant xxt-xxt288 to dismiss for lack of jurisdiction, MOTION by Defendant xxt-xxt288 to vacate default judgment

附件：

1:Declaration of Sifeng Wen

MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court adopts the parties' proposed briefing schedule on defendants' Vagrant-us and riderlover-us motion to dismiss and to vacate default judgment [162] as follows: Plaintiff's response shall be filed within 28 days and defendants' reply shall be filed 21 days after plaintiff's response has been filed.

MOTION by Defendants riderlover-us, Vagrant-us to dismiss for lack of jurisdiction, MOTION by Defendants riderlover-us, Vagrant-us to vacate Default Judgment

附件：

1:Declaration

ATTORNEY Appearance for Defendants riderlover-us, Vagrant-us by Ge Lei

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

Report of Parties Planning Meeting by KTM AG

SATISFACTION of Judgment

MINUTE entry before the Honorable Rebecca R. Pallmeyer:Agreed motion by defendants smad2018, weixin-motor, xarrow-usa, z-p to set aside judgment [152] is granted. By agreement, Report of Planning Meeting to be submitted no later than December 6, 2021.

MOTION by Defendants smad2018, weixin-motor, xarrow-usa, z-p to set aside judgment (AGREED MOTION)

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

SATISFACTION of Judgment

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff and Defendants SMAD2018, WEIXIN-MOTOR, XARROW-USA, Z-P are directed to submit a Report of Planning Meeting by 09/17/2021. Mailed notice.

RESPONSE by Plaintiff KTM AG Answer to Counterclaim of Defendants SMAD2018, WEIXIN-MOTOR, XARROW-USA, Z-P

ATTORNEY Appearance for Defendants riderlover-uk, riderlover-us, tesco001, vagrant-us, newlucky_us, marsknight-uk by Weisun Rao

FINAL JUDGMENT ORDER Signed by the Honorable Rebecca R. Pallmeyer on 8/27/2021.

MINUTE entry before the Honorable Rebecca R. Pallmeyer:Plaintiff's motion for entry of default judgment as to defendants identified in Amended Schedule A [131] is granted. Enter Final Judgment Order. Civil case terminated.

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 74

ANSWER to Complaint, COUNTERCLAIM filed by smad2018, weixin-motor, xarrow-usa, z-p against KTM AG. by smad2018, weixin-motor, xarrow-usa, z-p

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 141

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendants Smad2018, weixi-motor, Xarrow-usa, and Z-P for extension of time to answer or otherwise plead to August 15, 2021 [136] is granted. Mailed notice.

MOTION by Defendants smad2018, weixin-motor, xarrow-usa, z-p for extension of time to file answer regarding complaint[1]

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

ATTORNEY Appearance for Defendants smad2018, weixin-motor, xarrow-usa, z-p by Erin Kathryn Russell

DECLARATION of Michael A. Hierl regarding motion for default judgment[131]

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1:Exhibit Hierl Exhibit 1

MEMORANDUM by KTM AG in support of motion for default judgment[131]

附件：

1:Exhibit 1
2:Exhibit 2

MOTION by Plaintiff KTM AG for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

DECLARATION of William B. Kalbac Declaration of Service

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 160

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal of Defendant No. 230

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Pursuant to parties' stipulation of dismissal, Plaintiff's motion to vacate the entry of default in favor of Defendant No. 165 "YHMTIVTU" pursuant to Fed.R.Civ.P. 60 [121] is granted. Defendant No. 165 "YHMTIVTU" is dismissed with prejudice. Notice mailed by judge's staff

STIPULATION of Dismissal Stipulation of Dismissal With Prejudice as to Defendant No. 165

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion to vacate [121] is entered and continued. The court will grant this motion if the stipulation to dismiss is submitted within seven days. Notice mailed by judge's staff

MOTION by Plaintiff KTM AG to vacate Plaintiff's Motion to Vacate the Entry of Default for Defendant No. 165 "YHMTIVTU" Pursuant to Fed.R.Civ.P. 60

附件：

1:Exhibit A

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff objected to Defendant's motion for default judgment on the counterclaim and asked for time to respond to it [101]. To date, no response has been filed. Motion for entry of default [98] is granted. Defendant HYMITIVTU is directed to submit a proposed judgment order within 14 days. Notice mailed by judge's staff

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal of Defendant No. 23

NEW PARTIES: rossaflavor, ruxian, ruxiantrading, s18238180793, sarah_dhgate_01, sarah_dhgate_02, sarah_dhgate_06, sarah_dhgate_07, sarah_dhgate_09, saucy, sharplace, Shenzhen Ascendas Automotive Electronics Co.,Ltd, shysmily, sichaojie, silverstarsshop, song20200811, spectalin, sportvip2018, sslhepeng, sukiliu, superbicycle, sylvie1, tamaszha0, tangulasi, taopz, time_zgz, tingting1994, titanium_factory, titanium01, topbag888, toptradingco, Trade With World, travelcycling, tzlsasa2, vechat, w15016715542, wangjitong, want_free, wholesalesdhgates, winsdo, wl199210121, wutrista, ydh169, yushui11, zhenglei2, zhongfucar, zhuimeng1, zwell_co_ltd and zwh2860 added to case caption.

MINUTE entry before the Honorable Rebecca R. Pallmeyer: The Clerk is directed to unseal any previously sealed documents in this matter. Law Firm Hughes Socol Piers Resnick & Dym, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website www.ilnd.uscourts.com/instructions. Notice mailed by judge's staff

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendants Vintagebikecounty, Vintagetreasure12, Vintage_International, and tinasdream2017's motion for extension of time to answer Plaintiff's complaint [115] is granted to and including 5/17/2021. The Clerk of Court is directed to provide Erin Kathryn Russell of The Russell Firm, LLC. with CM/ECF electronic access to sealed docket entries [6], [10], [11], [12], [13], [14], [15], [16], [17], [18], [19], [20], [21], and [24]. Notice mailed by judge's staff

MOTION by Defendants Vintage_International, Vintagebikecounty, Vintagetreasure12, tinasdream2017 for extension of time to file answer regarding complaint[1], MOTION by Defendants Vintage_International, Vintagebikecounty, Vintagetreasure12, tinasdream2017 to unseal document sealed document[12], sealed document[18], sealed document[11], sealed document[21], SEALED Order[24], sealed document[10], sealed document[19], sealed document[15], sealed document[20], sealed document[6], sealed document[16], sealed document[17], sealed document[14], sealed document[13]

ATTORNEY Appearance for Defendants Vintagebikecounty, Vintagetreasure12, Vintage_International by Erin Kathryn Russell

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Pursuant to notice [110], claims against Defendant rzmmotor are dismissed without prejudice. Absent a motion for reinstatement on or before June 11, 2021, the dismissal will be with prejudice on that date. Rzmmotor's motion to dismiss [80] is stricken as moot. Notice mailed by judge's staff

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant tinasdream2017's unopposed amended motion for extension of time to file answer or otherwise plead to complaint [108] is granted to and including 4/19/2021. Notice mailed by judge's staff

MOTION by Defendant tinasdream2017 for extension of time to file answer regarding complaint[1] (UNOPPOSED)

ATTORNEY Appearance for Plaintiff KTM AG by Robert Payton Mcmurray

ATTORNEY Appearance for Defendant tinasdream2017 by Erin Kathryn Russell

MINUTE entry before the Honorable Rebecca R. Pallmeyer: As certain Defendants have been dismissed with prejudice [97], the motions to dismiss filed by those Defendants [54], [55], and [56] are terminated as moot. In light of the notice of voluntary dismissal filed on 3/4/21 [87], the motion to dismiss filed on 1/22/2021 [41] is terminated as moot. In light of the notice of voluntary dismissal filed on 3/23/21 [96], the motion to dismiss filed on 1/22/2021 [71] is terminated as moot. Notice mailed by judge's staff

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for extension of time to respond to Defendant Rzmmotor's motion to dismiss [102] is granted as follows: Plaintiff's response is extended to 4/12/2021; Defendant's reply in support is extended to 5/3/2021. Notice mailed by judge's staff

NOTICE of Voluntary Dismissal by KTM AG Notice of Voluntary Dismissal

MOTION by Plaintiff KTM AG for extension of time Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss

RESPONSE by Plaintiff KTM AG to motion for entry of default[98] Plaintiff's Response to Defendant's Motion for Entry of Default Pursuant to Fed.R.Civ.P. 55(a)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for proposed briefing schedule [99] is granted. Plaintiff's response to Defendant YHMTIVTU's motion for entry of default on counterclaim [98] shall be filed by 3/29/2021. Defendant's reply in support shall be filed by 4/5/2021. Notice mailed by judge's staff

MOTION by Plaintiff KTM AG to set a briefing schedule Plaintiff's Motion for Proposed Briefing Schedule on Defendant's Motion for Entry of Default on Counterclaim

MOTION by Counter Claimant yhmtivtu for entry of default on Counterclaim

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal with Leave to Reinstate

NEW PARTIES: vpowerracing888 added to case caption.

NOTICE of Voluntary Dismissal by KTM AG Plaintiff's Notice of Voluntary Dismissal