Google Inc v. Central Mfg. Inc. et al

Plaintiff Google Inc. alleges that Defendants have falsely represented that they own a federal registration for the GOOGLE mark, that they are owners of common law rights in the GOOGLE mark and that they have the right to license the GOOGLE mark to third parties.
Plaintiff:Google Inc
Defendant:Central Mfg. Inc., Stealth Industries, Inc. and Central Mfg. Inc. and Stealth Industries, by and through Richard M. Fogel, not individually but as Chapter 7 Trustee
Movant:Leo Stoller
Trustee:Richard M. Fogel, not individually, but as chapter 7 trustee of the bankruptcy estate of Leo Stoller
 
Case Number:1:2007cv00385
Filed:January 19, 2007
 
Court:Illinois Northern District Court
Office:Chicago Office [ Court Info ]
County:Cook
Presiding Judge:Honorable Virginia M. Kendall
 
Nature of Suit:Other Statutes - Racketeer Influenced and Corrupt Organizations
Cause:18:1961 Racketeering (RICO) Act
Jurisdiction:Federal Question
Jury Demanded By:None

Date Filed

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Docket Text

January 19, 2007 1 COMPLAINT filed by Google Inc; (eav, ) (Entered: January 22, 2007)
January 19, 2007 2 CIVIL Cover Sheet (eav, ) (Entered: January 22, 2007)
January 19, 2007 3 ATTORNEY Appearance for Plaintiff Google Inc by Michael Thomas Zeller (eav, ) (Entered: January 22, 2007)
January 19, 2007 4 ATTORNEY Appearance for Plaintiff Google Inc by William John Barrett (eav, ) (Entered: January 22, 2007)
January 19, 2007 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Google Inc (eav, ) (Entered: January 22, 2007)
January 19, 2007 7 SUMMONS Issued as to Defendant Central Mfg. Inc. (eav, ) (Entered: January 22, 2007)
January 30, 2007 8 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to interplead (Exhibits) (eav, ) Additional attachment(s) added on 1/31/2007 (eav, ). (Entered: January 31, 2007)
January 30, 2007 9 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend pending the Appeal to lift the automatic stay for Google to sue the debtor Leo Stoller (Exhibits) (eav, ) (Entered: January 31, 2007)
January 30, 2007 10 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend pending the Trademark trial and Appeal Board's decision on the defendant's motion for summary judgment (eav, ) (Entered: January 31, 2007)
January 30, 2007 11 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend (eav, ) (Entered: January 31, 2007)
January 30, 2007 12 NOTICE of Motion by Stealth Industries, Inc., Central Mfg. Inc. for presentment of motion to Interplead 9, motion to Suspend 10, motion to Suspend pending Appeal to lift automatic stay for Google to sue the Debtor, Leo Stoller, and 11, motion to suspend pending the Trademark Trial and Appeal Board's Decision on the defendant's motion for summary judgment 8 before Honorable Virginia M. Kendall on 2/5/2007 at 9:00 AM. (eav, ) (Entered: January 31, 2007)
January 30, 2007 13 PRO SE Appearance by Leo Stolla (eav, ) (Entered: February 1, 2007)
February 5, 2007 15 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. Motion to interplead 8; Motion to suspend pending the Appeal to lift the automatic stay for Google to sue the debtor Leo Stoller 9; Motion to suspend pending the Trademark trial and Appeal Board's decision on the defendant's motion for summary judgment 10; and Motion to suspend 11 are entered and continued to 2/20/2007 at 9:00 AM. Responses due by 2/12/2007. No replies are necessary.Mailed notice (gmr, ) (Entered: February 6, 2007)
February 6, 2007 14 SUMMONS Returned Executed by Google Inc as to Stealth Industries, Inc. on 1/23/2007, answer due 2/12/2007; Central Mfg. Inc. on 1/23/2007, answer due 2/12/2007. (Barrett, William) (Entered: 02/06/2007)
February 6, 2007 16 MOTION by Leo Stolla to intervene (eav, ) (Entered: February 7, 2007)
February 6, 2007 17 NOTICE of Motion by Leo Stolla for motion to intervene 16 before Honorable Virginia M. Kendall on 2/12/2007 at 9:00 AM. (eav, ) (Entered: February 7, 2007)
February 7, 2007 18 MINUTE entry before Judge Virginia M. Kendall :Motion to intervene 16 is entered and continued to 2/20/2007 at 09:00 AM. Any response shall be filed by 2/12/2007. No reply is necessary. The presentment date of 2/12/2007 for said motion is hereby stricken.Mailed notice (gmr, ) (Entered: February 7, 2007)
February 12, 2007 19 RESPONSE by Richard M. Fogel, not individually, but as chapter 7 trustee of the bankruptcy estate of Leo Stollerin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.suspend10, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.interplead8, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend9, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend11, MOTION by Plaintiff Leo Stolla to intervene16 and Joinder to Responses of Google Inc. (Alwin, Janice) (Entered: 02/12/2007)
February 12, 2007 20 RESPONSE by Google Incin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.interplead8, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend9, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend11, MOTION by Plaintiff Leo Stolla to intervene16 (Barrett, William) (Entered: February 12, 2007)
February 12, 2007 21 RESPONSE by Google Incin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.suspend10 (Barrett, William) (Entered: February 12, 2007)
February 12, 2007 22 DECLARATION of Michael T. Zeller regarding response in opposition to motion21, response in opposition to motion, 20 by Google Inc (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28 Exhibit 28# 29 Exhibit 29# 30 Exhibit 30)(Barrett, William) (Entered: February 12, 2007)
February 12, 2007 23 MOTION by Plaintiff Google Inc for permanent injunction (Stipulated), MOTION by Plaintiff Google Inc for judgment (Final) (Barrett, William) (Entered: February 12, 2007)
February 12, 2007 24 NOTICE of Motion by William John Barrett for presentment of motion for permanent injunction, motion for judgment23 before Honorable Virginia M. Kendall on 2/20/2007 at 09:00 AM. (Barrett, William) (Entered: February 12, 2007)
February 13, 2007 25 SUPPLEMENT by Google Inc to declaration,, 22 Supplemental Declaration of Michael T. Zeller (Barrett, William) (Entered: February 13, 2007)
February 13, 2007 26 CERTIFICATE by Google Inc of Service of the Permanent Injunction and Final Judgment as to Defendants Central Mfg. Inc. and Stealth Industries, Inc.(Proposed Order) (Barrett, William) (Entered: February 13, 2007)
February 13, 2007 27 MEMORANDUM by Google Inc in support of motion for permanent injunction, motion for judgment23 Google Inc.'s Separate Memorandum in Support of Joint Motion for Entry of Stipulated Permanent Injunction and Final Judgment (Barrett, William) (Entered: February 13, 2007)
February 15, 2007 28 Notice of Filing Supplemental Authority by Leo Stolla ; Notice of filing (eav, ) (Entered: February 20, 2007)
February 16, 2007 30 OBJECTION by Leo Stoller to Joint Moiton for Entry of Stipulated Permanent Inj8unction and Final Judgment; Notice of filing (Exhibits) (eav, ) (Entered: February 21, 2007)
February 20, 2007 29 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. All pending motions are taken under advisement, with a ruling by mail. Status hearing set for 3/13/2007 at 09:00 AM.Mailed notice (gmr, ) (Entered: February 20, 2007)
February 22, 2007 31 REPLY by Defendant Leo Stolla to Trustee's Ominibus response in opposition to motions of debtor Leo Stoller to: (1) Intevene; (II) Interplead; (III) Suspend proceeding for sixty days to retain counsel, for defendants; (IV) Suspend pending appeal to lift automactic stay for Google to sue the debtor; and (V) Suspend pending trademark trial and appeal Board's decision for defendants' motion for summary judgment and joinder of responses by Google, Inc.; Notice of filing (eav, ) (Entered: February 26, 2007)
March 2, 2007 32 MOTION by Defendant Leo Stolla to dismiss for failure to join a party under Rule F.R.C.P. 19 (eav, ) (Entered: March 5, 2007)
March 2, 2007 33 NOTICE of Motion by Leo Stolla for presentment of motion to dismiss32 before Honorable Virginia M. Kendall on 3/7/2007 at 09:00 AM. (eav, ) (Entered: March 5, 2007)
March 2, 2007 35 REPLY by Defendant Leo Stolla to Google Inc.'s combined opposition to debtor Leo Stoller's motions (1) to intervene, (2) to interplead, (3) to suspend for sixty days to retain counsel for defendants and (4) to suspend pending appeal to lift automatic stay for Google to sue the debtor ; Notice of filing (eav, ) (Entered: March 6, 2007)
March 2, 2007 36 REPLY by Movant Leo Stoller to Google Inc.'s opposition to debtor Leo Stoller's motion to suspend pending the trademark trial and appeal board's decision on defendant's motion for summary judgment 21 (Exhibits); Notice. (smm) (Entered: March 8, 2007)
March 5, 2007 34 MINUTE entry before Judge Virginia M. Kendall :On March 2, 2007, Leo Stoller ("Stoller") filed a Motion to Dismiss for failure to join a party -- himself -- pursuant to Fed. R. Civ. P. 19. Stoller previously filed a motion to intervene in this action on February 6, 2007. The Court has not yet ruled upon that motion. As such, Stoller remains a non-party and lacks standing to file a motion pursuant to Rule 19. See Arrow v. Gambler's Supply, Inc., 55 F.3d 407, 409 (8th Cir. 1995) ("only a party may make a Rule 19 motion") (citing Thompson v. Boggs, 33 F.3d 847, 858 n. 10 (7th Cir. 1994) (noting lack of any precedent for granting a non-party's motion for joinder)). Accordingly, Stoller's Motion to Dismiss 32 is stricken and the parties need not appear on March 7, 2007.Mailed notice (gmr, ) (Entered: March 5, 2007)
March 12, 2007 37 MINUTE entry before Judge Virginia M. Kendall :For the reasons set out in the Memorandum Opinion and Order, Motion to intervene 16 is denied; Motion to interplead 8 is denied; and Motions to suspend 9, 10, 11 are denied.Mailed notice (eav, ) (Entered: March 13, 2007)
March 12, 2007 38 MEMORANDUM Opinion and Order Signed by Judge Virginia M. Kendall on 3/12/2007:Mailed notice(eav, ) (Entered: March 13, 2007)
March 13, 2007 39 NOTICE of appeal by Leo Stoller regarding orders 37, 38 ; Notice of Filing (Fee Due) (dj, ) (Entered: March 15, 2007)
March 15, 2007 40 TRANSMITTED to the 7th Circuit the short record on 3/15/07 notice of appeal39. Notified counsel (dj, ) (Entered: March 15, 2007)
March 15, 2007 41 MOTION by Movant Leo Stoller for leave to appeal in forma pauperis (eav, ) Modified on 5/4/2007 (tg, ). (Entered: March 16, 2007)
March 15, 2007 42 NOTICE of Motion by Leo Stoller for presentment of motion for leave to appeal in forma pauperis41 before Honorable Virginia M. Kendall on 3/19/2007 at 09:00 AM. (eav, ) Modified on 5/4/2007 (tg, ). (Entered: March 16, 2007)
March 15, 2007 43 MOTION by Movant Leo Stoller under FRCP 59 and/or 60 (Exhibits) (eav, ) (Entered: March 16, 2007)
March 15, 2007 44 NOTICE of Motion by Leo Stoller for presentment of under FRCP 59 and/or 60 43 before Honorable Virginia M. Kendall on 3/19/2007 at 09:00 AM. (eav, ) (Entered: 03/16/2007)
March 15, 2007 45 NOTICE by Leo Stoller of filing motion for leave to appeal in forma pauperis41 (eav, ) (Entered: March 16, 2007)
March 15, 2007 54 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 39; USCA Case No. 07-1569. (smm) (Entered: March 20, 2007)
March 15, 2007 55 CIRCUIT Rule 3(b) Notice. (smm) (Entered: March 20, 2007)
March 15, 2007 57 MINUTE entry before Judge Virginia M. Kendall :Joint motion for entry of stipulated permanent injunction and final judgment 23 is granted. Enter permanent injunction and final judgment as to defendants Central Mfg., Inc. and Stealth Industries, Inc.Mailed notice Civil case terminated (eav, ) (Entered: March 20, 2007)
March 15, 2007 58 PERMANENT INJUNCTION and Final Judgment as to defendants Central Mfg., Inc. and Stealth Industries, Inc. Signed by Judge Virginia M. Kendall on 3/15/2007:Mailed notice(eav, ) (Entered: 03/20/2007)
March 16, 2007 46 MINUTE entry before Judge Virginia M. Kendall :For the reasons stated below, Movant Stoller's motion to reconsider 43 is denied. The presentment date of 3/19/2007 for said motion is hereby stricken.Mailed notice (gmr, ) Additional attachment(s) added on 3/16/2007 (gmr, ). (Entered: March 16, 2007)
March 16, 2007 47 RESPONSE by Google Incin Opposition to MOTION by Movant Leo Stoller for leave to appeal in forma pauperis41 (Barrett, William) (Entered: March 16, 2007)
March 16, 2007 48 NOTICE by Google Inc re response in opposition to motion47 Notice of Filing (Barrett, William) (Entered: March 16, 2007)
March 16, 2007 49 DECLARATION of Michael T. Zeller regarding response in opposition to motion47 by Google Inc (Attachments: # 1 Exhibit A-G# 2 Exhibit H-J)(Barrett, William) (Entered: March 16, 2007)
March 16, 2007 50 NOTICE by Google Inc re declaration49 Notice of Filing (Barrett, William) (Entered: March 16, 2007)
March 19, 2007 51 SUPPLEMENTAL NOTICE of appeal by Leo Stoller regarding orders 46, 34 ;(Fee Due) (dj, ) (Entered: March 20, 2007)
March 19, 2007 52 DESIGNATION by Leo Stoller of the content of the record on appeal : USCA Case No. 07-1569 (dj, ) (Entered: March 20, 2007)
March 19, 2007 56 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held on 3/19/2007. For the reasons stated on the record in open court, movant Stoller's motion for permission to appeal in forma pauperis 41 is granted.Mailed notice (eav, ) (Entered: March 20, 2007)
March 19, 2007 60 REPLY by Movant Leo Stoller to Google's opposition to motion for permission to appeal in forma pauperis (eav, ) Modified on 5/17/2007 (vcf, ). (Entered: March 22, 2007)
March 20, 2007 53 TRANSMITTED to the 7th Circuit the short record on 3/20/07 notice of appeal51. Notified counsel (dj, ) (Entered: March 20, 2007)
March 20, 2007 61 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal39 ; USCA Case No. 07-1612. (rp, ) (Entered: March 23, 2007)
March 20, 2007 62 CIRCUIT Rule 3(b) Notice. (rp, ) (Entered: March 23, 2007)
March 21, 2007 59 TRANSCRIPT of proceedings for the following dates: 2/5/07, 3/13/07 and 3/19/07; Before the Honorable Virginia M. Kendall (3 volumes) (eav, ) (Entered: March 22, 2007)
March 21, 2007 63 SUPPLEMENTAL NOTICE of appeal by Leo Stoller regarding orders 58, 57 ; (Fee Due) (dj, ). (Entered: March 23, 2007)
March 23, 2007 64 TRANSMITTED to the 7th Circuit the short record on 3/23/07 notice of appeal63. Notified counsel (dj, ) (Entered: March 23, 2007)
March 23, 2007 65 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal63 ; USCA Case No. 07-1651. (smm) (Entered: March 27, 2007)
March 23, 2007 66 CIRCUIT Rule 3(b) Notice. (smm) (Entered: March 27, 2007)
March 27, 2007 67 DESIGNATION of the content by Leo Stoller of record on appeal : USCA Case No. 07-1651 (dj, ) (Entered: March 28, 2007)
March 27, 2007 68 COPIES of TRANSCRIPTS of the hearing before the Honorable Virginia M. Kendall on March 13, 2007, 2) Transcript of the hearing before the Honorable Virginia M. Kendall on March 19, 2007 and 3) Transcript of the hearing before the Honorable Jack B. Schmetterer on March 1, 2007 by Leo Stoller; Notice. (td, ) (Entered: March 29, 2007)
March 28, 2007 69 DESIGNATION by Leo Stoller of Additional Content of the Record on Appeal. (rp, ) (Entered: March 30, 2007)
April 10, 2007 70 DESIGNATION by Leo Stoller of additional content of the record on appeal 46 : USCA Case No. 07-1651 (hp, ) (Entered: April 12, 2007)
April 12, 2007 71 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 51, 39, 63 (USCA no. 07-1569, 07-1612 and 07-1651) consisting of 1 volume of pleadings, 2 loose pleadings and 3 transcripts. (dj, ) (Entered: April 12, 2007)
April 12, 2007 72 TRANSCRIPT of proceedings for the following dates: 02/20/07 before the Honorable Virginia M. Kendall. (ar, ) (Entered: April 13, 2007)
April 12, 2007 74 USCA RECEIVED on 4/12/07 the long record regarding notice of appeal51, 39, 63; (07-1569, 07-1612 and 07-1651) (dj, ) (Entered: April 17, 2007)
April 13, 2007 73 TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal, 51 39 and 63, (USCA nos. 07-1569, 07-1612, and 07-1651) consisting of one transcript 72. Mailed copies of USCA transmittal letter and certificate to counsel of record. (ar, ) (Entered: April 13, 2007)
May 10, 2007 75 MOTION by Movant Leo Stoller for leave to file designation of supplemental content of record on appeal. (smm) (Entered: May 11, 2007)
May 10, 2007 76 NOTICE of Motion by Leo Stoller for presentment of motion for leave to file designation of supplemental content of record on appeal 75 before Honorable Virginia M. Kendall on 5/14/2007 at 9:00 A.M. (smm) (Entered: 05/11/2007)
May 10, 2007 79 DESIGNATION of supplemental content of record on appeal by Leo Stoller; Notice. (smm) (Entered: May 16, 2007)
May 11, 2007 77 RESPONSE by Google Incin Opposition to MOTION by Movant Leo Stoller for leave to file75 (Barrett, William) (Entered: May 11, 2007)
May 14, 2007 78 MINUTE entry before Judge Virginia M. Kendall :Motion for leave to file designation of supplemental content of record on appeal 75 is denied as moot.Mailed notice (gmr, ) (Entered: May 14, 2007)
May 16, 2007 80 DESIGNATION of additional content of the record on appeal by Leo Stoller (Exhibit); Notice. (smm) (Entered: May 18, 2007)
May 16, 2007 81 DESIGNATION of supplemental content of record on appeal by Leo Stoller (Exhibits); Notice. (smm) (Entered: May 18, 2007)
May 31, 2007 82 NOTICE by William John Barrett of Change of Address (Barrett, William) (Entered: May 31, 2007)
August 8, 2007 83 CERTIFIED copy of order dated 8/7/2007 from the 7th Circuit regarding notice of appeal51, notice of appeal39, notice of appeal63 ; Appellate case no. : 07-1569, 07-1612, 07-1651 It is ordered that the #1 and #3 are Denied. It is further Ordered that Stoller is fined $10,000, payable to the Clerk of this Court. If this fine is not paid within 14 days, we will enter an order under Support Systems, Int'l, Inc. v. Mack, 45 F.3d 185 (7th Cir. 1995), directing the clerks of all the federal courts in this circuit to return unfiled any papers submitted either directly or indirectly by or on behalf of Stoller unless and until he pays in full the sanction that has been imposed against him. (rp, ) (Entered: August 13, 2007)
Docket Report Last Checked: November 29, 2007 15:32:02 PST
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Plaintiff: Google Inc
Represented By: Michael Thomas Zeller, William John Barrett
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Defendant: Central Mfg. Inc.
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Defendant: Stealth Industries, Inc.
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Movant: Leo Stoller
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Trustee: Richard M. Fogel, not individually, but as chapter 7 trustee of the bankruptcy estate of Leo Stoller
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Defendant: Central Mfg. Inc. and Stealth Industries, by and through Richard M. Fogel, not individually but as Chapter 7 Trustee
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