Peter Kiewit Sons', Inc. v. Kiewit Construction, L.L.C. et al

Docket(#24) AFFIDAVIT in Response to Order #22 on behalf of Defendant Michael Allen Hendricksen. (LKO) (Entered: 11/18/2021)

Docket(#23) Mail Returned as Undeliverable addressed to Michael Allen Hendrickson at 1112 S. Main Avenue, Sioux Falls, SD 57105 regarding Temporary Restraining Order #16 . Mail not resent, no forwarding address. (LKO) (Entered: 10/25/2021)

Docket(#22) ORDER - A Preliminary Injunction Order is issued effective immediately to enjoin Kiewit Construction, L.L.C. and Michael Allen Hendrickson, their agents, servants, employees and all those in active concert and participation with Defendants to refrain from the enclosed. Pursuant to 15 U.S.C. 1116(a), Defendants are directed to file with the Court and serve on Kiewit within thirty days after the service on Defendants of this Order a report in writing under oath setting forth in detail the manner and form in which Defendants have complied with the injunction. The Clerk of Court shall send a copy of this Order to defendant Michael Allen Hendricksen at 1112 S. Main Avenue, Sioux Falls, SD 57105 and to defendant Kiewit Construction, L.L.C. at c/o Megan Ann Pospiscil, Registered Agent, 3109 S. Phillips Avenue, Sioux Falls, SD 57105. Bond is set in the amount of $100.00. The Bond previously posted by Plaintiff for the Temporary Restraining Order, Filing No. #16 , shall be carried over to satisfy this bond. Ordered by Senior Judge Joseph F. Bataillon. (Copies mailed as directed)(LKO) (Entered: 10/15/2021)

Docket(#21) TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon. Motion Hearing held on 10/14/2021 regarding MOTION for Preliminary Injunction #2 . Discussion held regarding counsel's communications with defendant. Written order for preliminary injunction forthcoming. Courtroom Deputy: Amy Brunswick; Reporter: Brenda Fauber ; Appearance for Plaintiff: Michael F.Coyle: Appearance for Defendant: defendant or counsel failed to appear. Time Start: 1:48 PM; Time Stop: 1:55 PM; Time in Court: 7 Minutes. (ADB) (Entered: 10/14/2021)

Docket(#20) AFFIDAVIT of Michael F. Coyle regarding Complaint #1 , MOTION for Temporary Restraining Order #2 by Attorney Michael F. Coyle on behalf of Plaintiff Peter Kiewit Sons', Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Coyle, Michael) (Entered: 10/14/2021)

Docket(#19) RETURN OF CERTIFIED MAIL executed as to Kiewit Construction LLC regarding Temporary Restraining Order #16 on 10/7/21. (LKO) (Entered: 10/12/2021)

Docket(#18) CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Peter Kiewit Sons', Inc., Corporate Parent Peter Kiewit Sons', Inc. for Peter Kiewit Sons', Inc.. by Attorney Michael F. Coyle on behalf of Plaintiffs Peter Kiewit Sons', Inc., Peter Kiewit Sons', Inc., Peter Kiewit Sons', Inc..(Coyle, Michael) (Entered: 10/04/2021)

Docket(#17) SURETY BOND in the amount of $ 100.00, posted by Plaintiff Peter Kiewit Sons', Inc. (TCL) (Entered: 09/30/2021)

Docket(#16) TEMPORARY RESTRAINING ORDER 1) is issued effective immediately and ending on October 14, 2021, enjoining Kiewit Construction, L.L.C. and Michael Allen Hendrickson, their agents, servants, employees and all those in active concert and participation with Defendants to refrain from: a) Using the "KIEWIT CONSTRUCTION" mark or any other markconfusing similar to the service mark "Kiewit" ("Kiewit Mark"). b) Refrain from making any representations which are suggestive that Defendants have or had some association with Kiewit or approval or authorization from Kiewit to use the Kiewit Mark in any capacity, including but not limited to their use of the "KIEWIT CONSTRUCTION" mark. c) Refrain from otherwise engaging in any further acts of unfair competition, infringement, and/or dilution of the Kiewit Mark. 2) Bond is set in the amount of $100.00. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to defendants by certified mail. Copy e-mailed to Finance.)(ADB) (Entered: 09/30/2021)

Docket(#15) TEXT ORDER Setting Hearing on MOTION for PRELIMINARY INJUNCTION #2 : Preliminary Injunction Hearing set for 10/14/2021 at 01:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to defendants)(ADB) (Entered: 09/30/2021)

Docket(#10) Summons Issued as to defendants Michael Allen Hendricksen and Kiewit Construction, L.L.C. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LRM) (Entered: 09/24/2021)

Docket(#9) Summons Requested as to Mark Allen Hendricksen regarding Motion for TRO #2 , Brief #3 , Index, #4 , Complaint #1 . (Coyle, Michael) (Entered: 09/24/2021)

Docket(#8) Summons Requested as to Kiewit Construction, L.L.C. regarding Motion for TRO #2 , Brief #3 , Index, #4 , Complaint #1 . (Coyle, Michael) (Entered: 09/24/2021)

Docket(#7) REPORT on the filing of an action regarding a trademark. Complaint filed on 09/23/2021. Notification sent to U.S. Trademark Office. (Attachments: #1 Complaint) (LRM) (Entered: 09/24/2021)

Docket(#6) TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Peter Kiewit Sons', Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LRM) (Entered: 09/24/2021)

Docket(#5) TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) (Entered: 09/24/2021)

Docket(#4) INDEX in support of MOTION for Temporary Restraining Order #2 by Attorney Michael F. Coyle on behalf of Plaintiff Peter Kiewit Sons', Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Coyle, Michael) (Entered: 09/23/2021)

Docket(#3) BRIEF in support of MOTION for Temporary Restraining Order #2 by Attorney Michael F. Coyle on behalf of Plaintiff Peter Kiewit Sons', Inc..(Coyle, Michael) (Entered: 09/23/2021)

Docket(#2) MOTION for Temporary Restraining Order by Attorney Michael F. Coyle on behalf of Plaintiff Peter Kiewit Sons', Inc..(Coyle, Michael) (Entered: 09/23/2021)

Docket(#1) COMPLAINT with jury demand against All Defendants ( Filing fee $ 402, receipt number ANEDC-4482564), by Attorney Michael F. Coyle on behalf of Peter Kiewit Sons', Inc. (Attachments: #1 Exhibit A)(Coyle, Michael) (Entered: 09/23/2021)