2020-cv-02169 - 案件详情 - 61TRO案件查询网站

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2020-cv-02169

ABC Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

日期 - 61TRO案件查询网站 日期:04/07/2020

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
06/22/2020 ENTERED JUDGMENT: Judgment entered in favor of Plaintiff and against Defendants in the amount of $35,000. An injunction shall issue as stated in the attachment. (ma,)
06/22/2020 ORDER signed by the Honorable Edmond E. Chang on 6/22/2020. For the reasons stated in the Order, Plaintiff's motion for default judgment is granted in most part. As explained in the Order, the statutory damages award shall be $35,000. An injunction shall issue. A separate AO-450 judgment shall be entered. The status hearing of 06/25/2020 is vacated. Civil case terminated. Mailed notice (ma,)
06/12/2020 NOTICE by H-D U.S.A., LLC re MOTION by Plaintiff H-D U.S.A., LLC for entry of default as to all DefendantsMOTION by Plaintiff H-D U.S.A., LLC for default judgment as to all Defendants 42
06/12/2020 MEMORANDUM by H-D U.S.A., LLC in support of motion for entry of default, motion for default judgment 42
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
06/12/2020 MOTION by Plaintiff H-D U.S.A., LLC for entry of default as to all Defendants, MOTION by Plaintiff H-D U.S.A., LLC for default judgment as to all Defendants
05/26/2020 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10,)
05/22/2020 NEW PARTIES: DPSUPR Factory Store and The Individuals and Entities Operating DPSUPR Factory Store added to case caption.
05/21/2020 PERMANENT INJUNCTION Signed by the Honorable Edmond E. Chang on 05/21/2020. Mailed notice
05/21/2020 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion for preliminary injunction [36] is granted. The same factors that supported the entry of the TRO remain in place. In light of the answer deadline of 06/09/2020, the status hearing of 05/26/2020 is reset to 06/25/2020 at 9:15 a.m. If held, the status hearing will be held telephonically. The parties shall provide a contact number to the courtroom deputy (Michael_Wing@ilnd.uscourts.gov) by 1:00 p.m. on the prior business day. If Defendants are in default after the answer deadline, then they are deemed in default and Plaintiff shall file a default-judgment motion by 06/12/2020. Any response from Defendants is due by 06/17/2020. The Court anticipates deciding the motion (if filed) before the next status hearing. Mailed notice
05/19/2020 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction[36] before Honorable Edmond E. Chang on 5/26/2020 at 08:30 AM.
05/19/2020 MEMORANDUM by H-D U.S.A., LLC in support of motion for preliminary injunction[36]
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
05/19/2020 MOTION by Plaintiff H-D U.S.A., LLC for preliminary injunction
05/19/2020 SUMMONS Returned Executed by H-D U.S.A., LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/19/2020, answer due 6/9/2020.
附件:
1:Declaration of Martin F. Trainor
05/18/2020 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Martin Francis Trainor
05/18/2020 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by RiKaleigh C. Johnson
05/18/2020 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Amy Crout Ziegler
05/18/2020 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Justin R. Gaudio
05/18/2020 NEW PARTIES: H-D U.S.A., LLC added to case caption. Terminating ABC Corporation
05/07/2020 MINUTE entry before the Honorable Edmond E. Chang: On review of Plaintiffs' motion to renew the TRO [27], the same circumstances that justified the initial TRO continue to justify the renewal. The TRO is extended through 05/26/2020. The status hearing of 05/12/2020 is reset to 05/26/2020 at 8:30 a.m., but that is to track the case only. Plaintiffs' shall file the motion for preliminary injunction, if needed, by 05/19/2020, noticed for presentment at the tracking status hearing. Emailed notice
05/06/2020 NOTICE of Motion by Justin R. Gaudio for presentment of extension of time[27] before Honorable Edmond E. Chang on 5/12/2020 at 08:30 AM.
05/06/2020 MEMORANDUM by ABC Corporation in support of extension of time[27]
附件:
1:Exhibit of Justin R. Gaudio
05/06/2020 MOTION by Plaintiff ABC Corporation for extension of time of Temporary Restraining Order
04/28/2020 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/28/2020.Mailed notice
04/28/2020 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/28/2020. Mailed notice
04/28/2020 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion for leave to file under seal [8] is granted. Plaintiff's motion for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [11] is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), 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, Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to Defendants, who likely would seek to transfer the money elsewhere. By 05/01/2020, Plaintiffs shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Schedule A). Plaintiff's motion for electronic service of process is granted. Status hearing set for 05/12/2020 at 8:30 a.m., but that is only to track the case. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/06/2020, noticed for presentment at the status hearing date and time (again, that will only be to track the case). For the time being, under the current public-health conditions, Plaintiff shall continue to use the non-party deadline of 10 business days. Mailed notice
04/24/2020 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9,)
03/30/2020 ORDER Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Notice of Claims Involving Trademarks
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Notification of Affiliates pursuant to Local Rule 3.2
04/09/2020 NOTICE of Motion by Justin R. Gaudio for presentment of Sealed motion[11], Sealed motion[16], motion for leave to file[8] before Honorable Edmond E. Chang on 5/5/2020 at 08:30 AM.
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding 17
附件:
1:Exhibit 1
2:Exhibit 2
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Memorandum in Support of Motion
04/09/2020 SEALED MOTION by Plaintiff ABC Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
04/09/2020 SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 3 regarding sealed document 14
附件:
1:Exhibit 3
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Declaration of Plaintiff's Representative Regarding 12
附件:
1:Exhibit 1
2:Exhibit 2
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding 12
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Memorandum in Support of Motion
04/09/2020 SEALED MOTION by Plaintiff ABC Corporation for Entry of a Temporary Restraining Order, including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery
04/09/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Amended Complaint
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Schedule A
04/08/2020 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.
04/08/2020 MAILED Trademark Request Letter to Plaintiff's counsel Justin R. Gaudio.
04/07/2020 MOTION by Plaintiff ABC Corporation for leave to file under seal
04/07/2020 ATTORNEY Appearance for Plaintiff ABC Corporation by RiKaleigh C. Johnson
04/07/2020 ATTORNEY Appearance for Plaintiff ABC Corporation by Amy Crout Ziegler
04/07/2020 ATTORNEY Appearance for Plaintiff ABC Corporation by Justin R. Gaudio
04/07/2020 CIVIL Cover Sheet
04/07/2020 SEALED EXHIBIT by Plaintiff ABC Corporation Schedule A regarding complaint[1]
04/07/2020 SEALED DOCUMENT by Plaintiff ABC Corporation Exhibit 1
04/07/2020 COMPLAINT filed by ABC Corporation; Filing fee $ 400, receipt number 0752-16916238.
附件:
1:Exhibit 2
2:Exhibit 3
3:Exhibit 4

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