2019-cv-06683 - 案件详情 - 61TRO案件查询网站

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2019-cv-06683

Patagonia, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

日期 - 61TRO案件查询网站 日期:10/09/2019

法院 - 61TRO案件查询网站 法院:伊利诺伊州北区法院

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日期 描述
11/26/2019 NOTICE of withdrawal of Surety bond [33] by Greer, Burns & Crain, Ltd.
11/26/2019 MAILED Trademark report with certified copies of the minute order, final judgment order, and judgment to Patent Trademark Office, Alexandria VA.
附件:
1:Minute Order
2:Final Judgment Order
3:Judgment
11/25/2019 ENTERED JUDGMENT Signed by the Courtroom Deputy on 11/25/2019: Mailed notice (mw,)
11/25/2019 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 11/25/2019: Mailed notice
11/25/2019 MINUTE entry before the Honorable Edmond E. Chang: Status hearing and motion hearing held. No one appeared for Defendants. Plaintiff's motion for default judgment as to all Defendants [36] is granted. Plaintiff shall email to this Court's Proposed Order account a revised default judgment order consistent with the discussion during the hearing. Civil case terminated. Mailed notice
11/20/2019 NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default, motion for default judgment[36] before Honorable Edmond E. Chang on 11/25/2019 at 10:30 AM.
11/20/2019 MEMORANDUM by Patagonia, Inc. in support of motion for entry of default, motion for default judgment[36]
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
11/20/2019 MOTION by Plaintiff Patagonia, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Patagonia, Inc. for default judgment as to all Defendants
10/31/2019 PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 10/31/2019:Emailed notice
10/31/2019 MINUTE entry before the Honorable Edmond E. Chang:Plaintiff's motion [29] for preliminary injunction is granted: the same four factors that supported the TRO's issuance still apply. The order will be entered separately. The status hearing of 11/01/2019 is reset to 11/25/2019 at 10:30 a.m., in light of the 11/18/2019 answer deadline. If no answer is filed by the deadline, the Defendants shall be deemed in default and Plaintiff shall file a motion for default judgment in a sum certain on 11/20/2019, noticed for presentment at the next status hearing date and time. Emailed notice
10/24/2019 SURETY BOND in the amount of $ $10,000.00 posted by Patagonia, Inc.
10/28/2019 SUMMONS Returned Executed by Patagonia, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/28/2019, answer due 11/18/2019.
附件:
1:Declaration of Allyson Martin
10/28/2019 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction[29] before Honorable Edmond E. Chang on 11/1/2019 at 09:00 AM.
10/28/2019 MEMORANDUM by Patagonia, Inc. in support of motion for preliminary injunction[29]
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
10/28/2019 MOTION by Plaintiff Patagonia, Inc. for preliminary injunction
10/21/2019 SUMMONS Issued as to Defendant PATACLOTHES.CLUB REGISTRANT and all other Defendants identified in the Amended Complaint
10/16/2019 TEMPORARY Restraining Order [REDACTED] Signed by the Honorable Edmond E. Chang on 10/16/2019.Emailed notice
10/16/2019 TEMPORARY Restraining Order[SEALED]. Signed by the Honorable Edmond E. Chang on 10/16/2019
10/16/2019 MINUTE entry before the Honorable Edmond E. Chang:Motion hearing held on Plaintiff's motion for temporary restraining order and other relief [12]. Plaintiff's motion for leave to file documents under seal [6] is granted. For the reasons stated in open court and in the order to be docketed, Plaintiff's motion for temporary restraining order and other relief [12] is granted. The temporary restraining order will be entered in a separate entry: there will be a temporarily sealed version and a publicly available redacted version. The Court notes its ongoing concern about restraining assets before judgment, because a federal district court's authority to do so is circumscribed: district courts generally do not have the authority to preliminarily restrain assets where a plaintiff seeks a money judgment. Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999). But Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the defendants may file challenges to the scope of the TRO if they appear in the case. The balance of factors tips in favor of Plaintiff being able to freeze the assets of the defendants. Plaintiff's motion to serve Defendants by electronic means [18] is granted. Plaintiff's motion for expedited discovery is granted. The motion for renewal of the TRO or a motion for preliminary injunction to be noticed for 11/01/2019, but shall be filed by 10/28/2019. Status hearing set for 11/01/2019 at 9 a.m. Emailed notice
10/15/2019 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Jake Michael Christensen
10/15/2019 MINUTE entry before the Honorable Edmond E. Chang:On the Court's own initiative, the hearing time on the TRO and other motions are reset to 9 a.m. on the same date, 10/16/2019. Emailed notice
10/10/2019 Notice of Claims Involving Trademarks by Patagonia, Inc.
10/10/2019 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Patagonia, Inc.
10/10/2019 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[12], motion for leave to file[6], motion for miscellaneous relief[18] before Honorable Edmond E. Chang on 10/16/2019 at 08:30 AM.
10/10/2019 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/10/2019 MEMORANDUM by Patagonia, Inc. in support of motion for miscellaneous relief[18]
10/10/2019 MOTION by Plaintiff Patagonia, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
10/10/2019 SEALED EXHIBIT by Plaintiff Patagonia, Inc. Exhibit 6 regarding declaration[15]
10/10/2019 DECLARATION of Robert Tadlock regarding memorandum in support of motion[13]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/10/2019 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/10/2019 MEMORANDUM by Patagonia, Inc. in support of motion for temporary restraining order[12]
10/10/2019 MOTION by Plaintiff Patagonia, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery
10/10/2019 SEALED DOCUMENT by Plaintiff Patagonia, Inc. Amended Complaint
10/10/2019 SEALED EXHIBIT by Plaintiff Patagonia, Inc. Schedule A regarding complaint 1
10/10/2019 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
10/10/2019 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
附件:
1:Attachment
10/10/2019 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served.
10/09/2019 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.
10/09/2019 MOTION by Plaintiff Patagonia, Inc. for leave to file under seal
10/09/2019 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Allyson M. Martin
10/09/2019 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Amy Crout Ziegler
10/09/2019 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Justin R. Gaudio
10/09/2019 CIVIL Cover Sheet
10/09/2019 COMPLAINT filed by Patagonia, Inc.; Filing fee $ 400, receipt number 0752-16322334.
附件:
1:Exhibit 1
2:Exhibit 2
3:Schedule A

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