Cornelius et al v. Protein Customizer, Inc.

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:11-cv-03534
District Judge Matthew F. Kennelly, presiding
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District Judge Matthew F. Kennelly
Last Updated September 11, 2016 at 5:16 PM EDT (9.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Derek W Cornelius, Plaintiff

Represented by Husch Blackwell LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Douglas F. McMeyer +1 312 655 1500 +1 312 655 1501 douglas.mcmeyer@huschblackwell.com
ATTORNEY TO BE NOTICED JAMES D. WHITE +1 312 655 1500 +1 312 655 1501 james.white@huschblackwell.com

Represented by LAW OFFICES OF MATTHEW ROSENBERG, LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Matthew A. Rosenberg +1 314 863 0800 +1 314 863 9388 mar@bks-law.com

Represented by Law Offices of Thomas DeGroot LLC

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED Thomas J DeGroot +1 314 824 8032 +1 314 812 2505 tom@degrootlaw.net
No Logo SIO3, Inc., Plaintiff
v.
No Logo Protein Customizer, Inc., Defendant

Represented by Balber, Pickard, Battistoni, Maldonado, & Van Der Tuin

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Paul E. Bateman +1 312 258 5845 pbateman@schiffhardin.com

Represented by Schiff Hardin LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED James A. Clark +1 312 258 5632 jclark@schiffhardin.com
ATTORNEY TO BE NOTICED Adam S Weiss +1 312 258 5500 aweiss@polsinelli.com
Attributes
Citation Section 15 U.S.C. § 1125
Nature of Suit 840 - Property Rights: Trademark
Timeline
  Entries (33) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 33 Filed: 5/29/2012, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: The joint motion for entry of agreed order is granted. The motion hearing date of 5/30/12 is vacated. Mailed notice. (mr, ) (Entered: 05/30/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 5/29/2012, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: The joint motion for entry of agreed order is granted. It is ORDERED that Protein Customizer shall not make any defamatory statements about Derek W. Cornelius, the Syntrax brand, Syntrax Innovations, Inc, or SI03, Inc. and likewise shall instruct its current and future agents, employees, and representatives not to make any such disparaging statements. It is further ORDERED that this case is hereby dismissed with prejudice pursuant to a Settlement Agreement executed by the parties. The status hearing set for 5/31/12 and motion hearing set for 5/30/12 are vacated. Mailed notice. (mr, ) (Entered: 05/30/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 5/25/2012, Entered: None
NOTICE of Motion by Paul E. Bateman for presentment of motion for order 30 before Honorable Matthew F. Kennelly on 5/30/2012 at 09:30 AM. (Bateman, Paul) (Entered: 05/25/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 5/25/2012, Entered: None
MOTION by Defendant Protein Customizer, Inc. for order Agreed Order (Bateman, Paul) (Entered: 05/25/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 3/29/2012, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held with attorneys by telephone. Telephone status hearing, to be initiated by the parties, is set for 5/31/2012 at 09:00 AM. (or, ) (Entered: 03/29/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 3/27/2012, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: The telephone status hearing set for 3/29/12 is advanced to 8:30 a.m. on that same date. (mk) (Entered: 03/27/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 1/19/2012, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: Rule 16(b) hearing held. Motion of Thomas DeGroot to appear pro hac vice 25 is granted. Mr. DeGroot is directed to promptly contact the Clerk fo Court to establish an e-filing account in this district. Plaintiff is given an extension of time to 2/10/2012 to comply with FRCP 26(a)(1)disclosures. The parties are given to 5/31/12 to amend all pleadings and to add any additional parties. All fact discovery shall be completed by 7/20/2012. Plaintiff shall comply with FRCP(26)(a)(2) by 8/10/12. Defendant shall comply with FRCP(26)(a)(2) by 9/10/12. All expert discovery shall be completed by 10/12/2012. Status hearing is set for 3/29/2012 at 09:00 AM.Mailed notice (jms, ) (Entered: 01/19/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 1/17/2012, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: Time of status hearing set for 1/19/2012 is moved up to 08:30 AM. (or, ) (Entered: 01/17/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 1/9/2012, Entered: None
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6719182. (Degroot, Thomas) (Entered: 01/09/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 1/5/2012, Entered: None
ATTORNEY Appearance for Plaintiffs Derek W Cornelius, SIO3, Inc. by James Patrick White (White, James) (Entered: 01/05/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 1/5/2012, Entered: None
ATTORNEY Appearance for Plaintiffs Derek W Cornelius, SIO3, Inc. by Douglas F. McMeyer (McMeyer, Douglas) (Entered: 01/05/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 1/5/2012, Entered: None
ATTORNEY Appearance for Plaintiffs Derek W Cornelius, SIO3, Inc. by Douglas F. McMeyer Appearance for James White (McMeyer, Douglas) (Entered: 01/05/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 12/8/2011, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: Status hearing held on 12/8/11. The attorney for the plaintiff is deceased. Plaintiffs are given 30 days to file an appearance by new counsel. They are advised that SI03, Inc. Cannot legally represent itself, but must have an attorney. A status hearing is set for 1/19/12 at 9:30 a.m., new counsel should appear at the status. If there is no new counsel, Mr. Cornelius is required to appear. The minute order of 8/22/11 is corrected to reflect that the Rule 26(a)(1) disclosures are to be made by 9/12/11. Mailed notice (lcw, ) (Entered: 12/08/2011)
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Legal Document (Payment Possibly Required) 20 Filed: 11/30/2011, Entered: None
Defendant's Response to Court's November 28, 2011 Order Regarding Plaintiff's Contact Information by Protein Customizer, Inc. (Bateman, Paul) (Entered: 11/30/2011)
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Legal Document (Payment Possibly Required) 19 Filed: 11/28/2011, Entered: None Court Filing
MINUTE entry before Honorable Matthew F. Kennelly: It has come to the Court's attention that plaintiff's attorney has passed away. The Court directs defense counsel to provide to Judge Kennelly's chambers the individual plaintiff's address so that the Court can send him correspondence or an order advising him of the need to retain substitute counsel. (or, ) (Entered: 11/28/2011)
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Legal Document (Payment Possibly Required) 18 Filed: 11/21/2011, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held on 11/21/2011. Plaintiff's counsel fails to appear. Counsel for defendant appears. Failure to appear for next status hearing will result in the dismissal of this case for want of prosecution. Status hearing set for 12/8/2011 at 09:30 AM. Plaintiff's counsel is ordered to apppear. Judicial staff mailed notice (gl, ) (Entered: 11/22/2011)
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Legal Document (Payment Possibly Required) 17 Filed: 8/26/2011, Entered: None
ANSWER to Complaint with Jury Demand by Protein Customizer, Inc.(Weiss, Adam) (Entered: 08/26/2011)
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Legal Document (Payment Possibly Required) 16 Filed: 8/22/2011, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly:Telephone Status hearing held with attorneys for both sides. Rule 26(a)(1) disclosures are to be made by 1/31/2012. Deadline for requesting leave to add parties and amend pleadings is 1/31/2012. Fact discovery is to be completed by 3/22/2012. Rule 26(a)(2) disclosures are due by 4/19/2012 for plaintiff and 5/17/2012 for defendant. Expert discovery ordered closed 6/14/2012 Status hearing set for 11/21/2011 at 09:30 AM. (or, ) (Entered: 08/22/2011)
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Legal Document (Payment Possibly Required) 15 Filed: 8/4/2011, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: Defendants' uncontested motion to extend time is granted. Response to complaint is to be filed by 8/26/11. The motion hearing date of 8/9/11 is vacated. Mailed notice (ca, ) (Entered: 08/04/2011)
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Legal Document (Payment Possibly Required) 14 Filed: 7/28/2011, Entered: None
NOTICE of Motion by Paul E. Bateman for presentment of motion for extension of time to file answer 13 before Honorable Matthew F. Kennelly on 8/9/2011 at 09:30 AM. (Bateman, Paul) (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 13 Filed: 7/28/2011, Entered: None
UNCONTESTED MOTION by Defendant Protein Customizer, Inc. to extend time to answer or otherwise respond (Bateman, Paul) (Docket text Modified by clerk's office on 7/29/2011 (ca, ). (Entered: 07/28/2011)
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Legal Document (Payment Possibly Required) 12 Filed: 7/21/2011, Entered: None Court Filing
MINUTE entry before Honorable Matthew F. Kennelly:Status hearing pursuant to Rule 16(b) held. Telephone status hearing, to be initiated by the parties, is set for 8/22/2011 at 09:00 AM., for the purpose of setting a pretrial schedule. The parties are again directed to comply with Judge Kennelly's standing initial order. (or, ) (Entered: 07/21/2011)
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Legal Document (Payment Possibly Required) 11 Filed: 7/18/2011, Entered: None
ATTORNEY Appearance for Defendant Protein Customizer, Inc. by Adam S. Weiss (Weiss, Adam) (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 10 Filed: 7/18/2011, Entered: None
ATTORNEY Appearance for Defendant Protein Customizer, Inc. by Paul E. Bateman (Bateman, Paul) (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 9 Filed: 7/18/2011, Entered: None
ATTORNEY Appearance for Defendant Protein Customizer, Inc. by James A. Clark (Clark, James) (Entered: 07/18/2011)
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Legal Document (Payment Possibly Required) 8 Filed: 7/15/2011, Entered: None
WAIVER OF SERVICE returned executed by Derek W Cornelius, SIO3, Inc.. Protein Customizer, Inc. waiver sent on 6/6/2011, answer due 8/5/2011. (Rosenberg, Matthew) (Entered: 07/15/2011)
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Legal Document (Payment Possibly Required) 7 Filed: 6/20/2011, Entered: None Court Filing
MINUTE entry before Honorable Matthew F. Kennelly: Status hearing set to 9:00 a.m. on Thursday, July 21, 2011 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page at http://www.ilnd.uscourts.gov/JUDGE/KENNELLY/mfkpage.htm. Counsel for plaintiff (s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant. Mailed notice (ca, ) (Entered: 06/21/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 6/20/2011, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: The order entered earlier on 6/20/11 is hereby vacated. Though the complaint cites 28 USC 1332 as a basis for jurisdiction, the Court has jurisdiction based on plaintiff's federal Lanham Act claim, making complete diversity of citizenship unnecessary. (mk) (Entered: 06/20/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 6/20/2011, Entered: None
MINUTE entry before Honorable Matthew F. Kennelly: This case was filed in federal court based upon purported diversity of citizenship. The complaint, however, identifies only the state or residence of the plaintiff, not the state of his citizenship. The two are not necessarily the same. Unless plaintiff files an amended complaint by 6/27/11 properly alleging diversity of citizenship, the Court will dismiss the case for lack of subject matter jurisdiction. (mk) (Entered: 06/20/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 5/26/2011, Entered: None
MAILED to plaintiff(s) counsel Lanham Mediation Program materials (ca, ). (Entered: 05/26/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 5/25/2011, Entered: None
ATTORNEY Appearance for Plaintiffs Derek W Cornelius, SI03, Inc. by Matthew A. Rosenberg (Rosenberg, Matthew) (Entered: 05/25/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 5/25/2011, Entered: None
CIVIL Cover Sheet (Rosenberg, Matthew) (Entered: 05/25/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 5/25/2011, Entered: None
COMPLAINT filed by Derek W Cornelius, SI03, Inc.; Jury Demand. Filing fee $ 350, receipt number 0752-6038146.(Rosenberg, Matthew) (Entered: 05/25/2011)
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