Indiana Northern District Court
Judge:Gretchen S Lund
Referred: John E Martin
Case #: 2:23-cv-00341
Nature of Suit840 Property Rights - Trademark
Cause15:44 Trademark Infringement
Case Filed:Oct 06, 2023
Last checked: Saturday Apr 06, 2024 5:35 AM EDT
Defendant
Dr.Permagreen, LLC
Represented By
Brandon J Kizy PHV
B Kizy Law
contact info
Defendant
FTW Investments LLC
Represented By
Brandon J Kizy PHV
B Kizy Law
contact info
Defendant
Michael Edward Klott
Represented By
Brandon J Kizy PHV
B Kizy Law
contact info
Mediator
John D LaDue
Plaintiff
Perma-Green Supreme, Inc
Represented By
Amanda J Alasauskas
Swanson Martin & Bell Llp - Chi/il
contact info
P Stephen Fardy
Swanson Martin & Bell Llp - Chi/il
contact info
William D Patterson
Swanson Martin & Bell Llp - Chi/il
contact info


Docket last updated: 4 hours ago
Wednesday, March 12, 2025
42 42 order Order ~Util - Set Deadlines Wed 03/12 2:49 PM
ORDER re41 Report of Mediation filed by John D LaDue indicating mediation was successful. Dismissal Papers due by 4/30/2025. Text order entry. By Magistrate Judge John E Martin on 3/12/2025. (smb)
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Tuesday, March 11, 2025
41 41 adr Report of Mediation Tue 03/11 3:57 PM
REPORT of Mediation by John D LaDue.(LaDue, John)
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Monday, February 03, 2025
40 40 order Order on Motion for Extension of Time to Complete Discovery Mon 02/03 9:36 AM
ORDER granting39 Motion for Extension of Time to Complete Discovery. Deadline for Completion of Discovery is 6/13/2025. Expert Discovery deadline is 6/13/2025. Fact Discovery deadline is 6/13/2025. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 4/30/2025. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 4/30/2025. Rule 26(e) supplements due by May 16, 2025. Further extensions are disfavored and may require a hearing. Approved by Magistrate Judge John E Martin on 02/03/2025. No pdf attached. (djs)
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Friday, January 31, 2025
39 39 motion Extension of Time to Complete Discovery Fri 01/31 4:50 PM
Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Perma-Green Supreme, Inc. (Patterson, William)
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Wednesday, December 04, 2024
38 38 2 pgs order Order on Motion for Attorney Fees Wed 12/04 2:12 PM
ORDER: The Court GRANTS the requests contained within the itemization of fees36 , as described herein, and ORDERS Defendants to arrange for the payment, within a reasonable time, of $9,150.00 to Plaintiff's counsel. Signed by Magistrate Judge John E Martin on 12/4/2024. (ash)
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Monday, December 02, 2024
37 37 respm Reply to Response to Motion Mon 12/02 2:18 PM
REPLY to Response to Motion re36 MOTION for Attorney Fees filed by Perma-Green Supreme, Inc.(Patterson, William)
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Att: 1 Exhibit Exhibit 1
Friday, November 15, 2024
36 36 motion Attorney Fees Fri 11/15 5:47 PM
MOTION for Attorney Fees by Plaintiff Perma-Green Supreme, Inc.(Patterson, William)
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Att: 1 Affidavit
Friday, November 08, 2024
35 35 order Order on Motion for Extension of Time to Complete Discovery Fri 11/08 8:32 AM
ORDER granting34 Motion for Extension of Time to Complete Discovery. Expert Discovery deadline is 3/14/2025. Fact Discovery deadline is 3/14/2025. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 1/31/2025. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 1/31/2025. Rule 26(e) supplement deadline is 2/14/2025. Mediation to be completed and report filed by 3/14/2025. Approved by Magistrate Judge John E Martin on 11/8/2024. No pdf attached. (djs)
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Thursday, November 07, 2024
34 34 motion Extension of Time to Complete Discovery Thu 11/07 3:56 PM
Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Perma-Green Supreme, Inc. (Alasauskas, Amanda)
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Thursday, October 24, 2024
33 33 7 pgs order Order on Motion to Compel Fri 10/25 11:37 AM
ORDER GRANTING30 Motion to Compel Discovery Responses by Pla Perma-Green Supreme, Inc. Dfts to supplement their discovery responses as outlined within 14 days. Parties REMINDED of their obligation to supplement their discovery responses as additional information becomes known to them. Pla to FILE on or before 11/15/2024 an itemization of its costs and fees as outlined in this Order. Dfts to FILE a response to Pla's request on or before 11/22/2024 with any reply to be filed by 12/2/2024. Signed by Magistrate Judge John E Martin on 10/24/2024. (lns)
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Wednesday, October 16, 2024
32 32 respm Reply to Response to Motion Wed 10/16 12:22 AM
REPLY to Response to Motion re30 MOTION to Compel Discovery filed by Perma-Green Supreme, Inc.(Patterson, William)
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Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Exhibit
Monday, October 07, 2024
31 31 respm Response to Motion Mon 10/07 1:37 PM
RESPONSE to Motion re30 MOTION to Compel Discovery filed by Dr.Permagreen, LLC, FTW Investments LLC, Michael Edward Klott.(Kizy PHV, Brandon)
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Att: 1 Exhibit Defendants' Exhibits
Thursday, September 26, 2024
30 30 motion Compel Thu 09/26 12:40 PM
MOTION to Compel Discovery by Plaintiff Perma-Green Supreme, Inc.(Patterson, William)
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Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C
Monday, March 25, 2024
29 29 2 pgs order Order Reassigning Case Mon 03/25 12:21 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Gretchen S Lund for all further proceedings. Judge Philip P Simon no longer assigned to case. Signed by Chief Judge Holly A Brady on 3/25/2024. (jss)
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Friday, March 22, 2024
utility Terminate Deadlines/Hearings Fri 03/22 5:49 PM
***Deadlines/Hearings terminated. Terming past deadlines only. (nac)
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Friday, March 01, 2024
28 28 motion Stipulation Fri 03/01 4:11 PM
STIPULATION to the Selection of a Mediator by Plaintiff Perma-Green Supreme, Inc. (Alasauskas, Amanda)
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Monday, December 11, 2023
27 27 order Scheduling Order 1 - Terminate Hearings Tue 12/12 11:50 AM
ORDER: The Court hereby ORDERS Rule 26(a)(1) initial exchanges have been exchanged. The Plaintiff's deadline to seek leave to amend the pleadings is 02/16/2024; The Defendants' deadline to seek leave to amend the pleadings is 04/18/2024; The deadline to complete all fact and expert discovery is 11/15/2024; Plaintiff's deadline for expert witness disclosures and reports to Defendants is 07/19/2024; Defendants' deadline for expert witness disclosures and reports to Plaintiff is 07/19/2024; The deadline for Rule 26(e) supplements is 09/20/2024; The parties are ordered to conduct mediation and the parties' deadline to select a mediator is 03/01/2024; mediation must be completed and a report filed by 11/15/2024; and The deadline for the parties to return the Consent to or Declination of Exercise of Jurisdiction by a Magistrate Judge is extended to 01/02/2024. The Court VACATES the Preliminary Pretrial Conference currently scheduled for December 14, 2023. Signed by Magistrate Judge John E Martin on 12/11/2023. (jdb)
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Friday, December 08, 2023
26 26 misc Report of Rule 26f Planning Meeting Fri 12/08 4:47 PM
REPORT of Rule 26(f) Planning Meeting. (Alasauskas, Amanda)
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25 25 answer Answer to Complaint Fri 12/08 3:24 PM
Amended ANSWER to1 Complaint by Dr.Permagreen, LLC, FTW Investments LLC, Michael Edward Klott.(Kizy PHV, Brandon)
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24 24 2 pgs order Order Striking Document ~Util - Set Deadlines Fri 12/08 12:50 PM
ORDER: The Court REMINDS counsel for Defendants of the need to comply with the Local Rules, availabe at Local Rules | Northern District of Indiana | United States District Court (uscourts.gov), and WARNS them that noncompliant filings will continue to be stricken. The Court STRIKES with leave to refile Defendants' Answer to Plaintiff's Complaint21 , with the re-filed document to be filed by 12/15/2023, and to comply with Local Rule 10-1. Signed by Magistrate Judge John E Martin on 12/8/2023. (ash)
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Tuesday, December 05, 2023
23 23 1 pgs order Order Tue 12/05 11:28 AM
ORDER: Northern District of Indiana Local Rule 26-2 prohibits the routine filing of discovery, the Court STRIKES Defendants' Rule 26(a)(1) Initial Disclosures22 . Signed by Magistrate Judge John E Martin on 12/5/23. (nhc)
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Monday, December 04, 2023
22 22 motion Disclosure Mon 12/04 3:54 PM
DEFENDANTS RULE 26(a)(1) INITIAL DISCLOSURES filed by Defendants Dr.Permagreen, LLC, FTW Investments LLC, Michael Edward Klott. (Kizy PHV, Brandon) Modified on 12/4/2023 to edit text -filed as motion/term motion. (smb)
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Sunday, November 26, 2023
21 21 answer Answer to Complaint Sun 11/26 5:25 PM
Defendants' ANSWER to1 Complaint by Dr.Permagreen, LLC, FTW Investments LLC, Michael Edward Klott.(Kizy PHV, Brandon)
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Thursday, November 02, 2023
20 20 misc Mag Consent Forms Sent - Standard with pptc - form will be generated Thu 11/02 3:22 PM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (smb)
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19 19 4 pgs order Order ~Util - Set Hearings Thu 11/02 3:22 PM
ORDER & NOTICE OF HEARING: Telephonic Rule 16 Preliminary Pretrial Conference set for 12/14/2023 11:30 AM Central before Magistrate Judge John E Martin. Proposed joint discovery plan in accordance with FRCP 26(f) due by 12/8/2023.Signed by Magistrate Judge John E Martin on 11/2/2023. (smb)
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18 18 order Order Thu 11/02 3:16 PM
ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. ByMagistrate Judge John E Martin on 11/2/2023. (smb)
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Wednesday, November 01, 2023
17 17 service Summons Returned Executed Wed 11/01 11:48 AM
SUMMONS Returned Executed by Perma-Green Supreme, Inc. FTW Investments LLC served on 10/23/2023, answer due 11/13/2023. (Fardy, P)
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16 16 notice Agreed Notice to Extend Time to File Answer Wed 11/01 11:38 AM
AGREED NOTICE to extend time to file answer filed by Dr.Permagreen, LLC, FTW Investments LLC, Michael Edward Klott ; answer due by November 27, 2023. (Kizy PHV, Brandon)
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Friday, October 27, 2023
15 15 3 pgs order Order on Attorney Application to Appear Pro Hac Vice Fri 10/27 10:26 AM
ORDER granting14 Application to Appear Pro Hac Vice of Attorney Brandon J Kizy PHV for Dr.Permagreen, FTW Investments LLC, and Michael Edward Klott. Signed by Magistrate Judge John E Martin on 10/27/2023. (ace)
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Wednesday, October 25, 2023
14 14 motion Attorney Application to Appear Pro Hac Vice Wed 10/25 11:15 AM
Application for Attorney Brandon Kizy to Appear Pro Hac Vice on behalf of Michael Klott. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5393855(Kizy, Brandon)
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Tuesday, October 24, 2023
13 13 service Summons Returned Executed Tue 10/24 1:19 PM
SUMMONS Returned Executed by Perma-Green Supreme, Inc. Michael Edward Klott served on 10/16/2023, answer due 11/6/2023. (Fardy, P)
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12 12 service Summons Returned Executed Tue 10/24 1:15 PM
SUMMONS Returned Executed by Perma-Green Supreme, Inc. Dr.Permagreen, LLC served on 10/16/2023, answer due 11/6/2023. (Fardy, P)
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Tuesday, October 17, 2023
11 11 notice Notice of Appearance Tue 10/17 5:01 PM
NOTICE of Appearance by Amanda J Alasauskas on behalf of Perma-Green Supreme, Inc (Alasauskas, Amanda)
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Thursday, October 12, 2023
10 10 misc Docket Annotation - public event with NEF Thu 10/12 8:39 AM
Copy of8 AO 120 form sent to Patent and Trademark Office. (jld)
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9 9 service Summons Issued Thu 10/12 8:29 AM
Summons Issued as to Dr.Permagreen, LLC, FTW Investments LLC, Michael Klott. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (jld)
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Tuesday, October 10, 2023
8 8 misc Report Tue 10/10 4:17 PM
REPORT by Perma-Green Supreme, Inc Report on the filing or determination of an action regarding a trademark . (Fardy, P)
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7 7 service Proposed Summons Tue 10/10 4:14 PM
Proposed Summons filed by Perma-Green Supreme, Inc. (Fardy, P)
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6 6 service Proposed Summons Tue 10/10 4:12 PM
Proposed Summons filed by Perma-Green Supreme, Inc. (Fardy, P)
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5 5 service Proposed Summons Tue 10/10 4:10 PM
Proposed Summons filed by Perma-Green Supreme, Inc. (Fardy, P)
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utility Add and Terminate Judges Tue 10/10 11:40 AM
**NEW CASE** Judge Philip P Simon and Magistrate Judge John E Martin added. (shk)
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Monday, October 09, 2023
4 4 notice Notice of Appearance Mon 10/09 12:03 PM
NOTICE of Appearance by P Stephen Fardy on behalf of Perma-Green Supreme, Inc (Fardy, P)
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Friday, October 06, 2023
3 3 notice Notice of Appearance Fri 10/06 9:09 AM
NOTICE of Appearance by William D Patterson on behalf of Perma-Green Supreme, Inc (Patterson, William)
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2 2 misc Statement Fri 10/06 9:05 AM
STATEMENT Civil Cover Sheet . (Patterson, William)
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1 1 19 pgs cmp Complaint Fri 10/06 8:56 AM
COMPLAINT against Perma-Green Supreme, Inc( Filing fee $ 402 receipt number AINNDC-5375691.), filed by Perma-Green Supreme, Inc.(Patterson, William)
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Att: 1 Exhibit