最近更新：2024-12-25
2020-cv-00715
| 日期 | 描述 |
|---|---|
| 04/30/2020 | ENTERED JUDGMENT Signed by the courtroom deputy on 04/30/2020. Mailed notice |
| 04/30/2020 | ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, Plaintiff's motion for default judgment 44 is granted. Plaintiff asks for $50,000 in statutory damages as to each Defendant. The request is reasonable. It is true that most of the goods are not advertised at very high prices, most hovering in the $10-$20 range. But some of the counterfeit goods show a substantial number of items sold. Also, Defendants' default is the reason why there is no detailed information on sales, so some buffer is required to avoid under-compensation and under-deterrence. So the $50,000 request per Defendant is granted. An injunction is warranted in light of the willfulness (established by the default and the circumstances) of the trademark violation. Also, Plaintiffs has avoided overreaching by asking only for the usual supplementary tools of collection, rather than a roving authority to obtain assets in the future. A separate AO-450 judgment shall also be entered. The status hearing of 05/05/2020 is vacated. Civil case terminated. Mailed notice |
| 04/29/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default, motion for default judgment[44] before Honorable Edmond E. Chang on 5/5/2020 at 09:30 AM. |
| 04/29/2020 | MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[44] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 04/29/2020 | MOTION by Plaintiff Nike, Inc. for entry of default as to all defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all defendants |
| 04/28/2020 | MINUTE entry before the Honorable Edmond E. Chang: In light of the straightforward nature of the case, and the relatively rare instances in which defendants in these counterfeit trademark cases file appearances, the prior default-judgment motion deadline remains in place. The Court will decide the motion in advance of the hearing date so no in-person appearance will be needed. 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. (docket8,) |
| 04/03/2020 | MINUTE entry before the Honorable Edmond E. Chang: In light of Second Amended General Order 20-0012, the Court adjusts the answer deadline from 03/30/2020 to 04/28/2020. Status hearing of 04/15/2020 is reset to 05/05/2020 at 9:30 a.m. By 04/29/2020, Plaintiff shall file a motion for default as to any Defendant who has not responded to Plaintiffs' complaint and notice it for presentment for the next status hearing date and time. Mailed notice |
| 03/30/2020 | ORDER Seconded 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. (docket1,) |
| 03/16/2020 | NEW PARTIES: LHPWTQ Chuang Store and LHPWTQ Sportswear Store added to case caption. |
| 03/16/2020 | ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. |
| 03/16/2020 | NEW PARTIES: LHPWTQ Chuang Store and LHPWTQ Sportswear Store added to case caption. |
| 03/12/2020 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 3/12/2020: Mailed notice |
| 03/12/2020 | MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held. Counsel for Plaintiff reported she has not heard from any Defendants. The same four factors that apply and supported the TRO still apply. Plaintiff's motion for preliminary injunction 34 is granted. Status hearing set for 04/09/2020 at 9:00 a.m. By 04/06/2020, Plaintiff shall file a motion for default as to any Defendant who has not responded to Plaintiff's complaint and notice it for presentment on 04/15/2020 at 9:15 a.m. Mailed notice |
| 03/09/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction 34 before Honorable Edmond E. Chang on 3/12/2020 at 09:30 AM. |
| 03/09/2020 | MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction 34 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 03/09/2020 | MOTION by Plaintiff Nike, Inc. for preliminary injunction |
| 03/09/2020 | SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/9/2020, answer due 3/30/2020. 附件： 1:Declaration of Jake M. Christensen |
| 02/26/2020 | MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' extension motion 27 on the TRO is granted, because the same circumstances warrant an extension of the original TRO. The TRO is extended through 03/12/2020. The status hearing of 02/27/2020 and 03/24/2020 are reset to 03/12/2020 at 9:30 a.m. Plaintiffs shall file a motion for preliminary injunction (or default, if appropriate) in advance of the next status hearing, noticed for presentment on the same date and time. Mailed notice |
| 02/26/2020 | ATTORNEY Appearance for Plaintiff Nike, Inc. by Jake Michael Christensen |
| 02/19/2020 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 02/24/2020 | BOND in the amount of $ 10,000 posted by Nike, Inc. Receipt No. 4624238595 |
| 02/18/2020 | REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 2/18/2020: Mailed notice |
| 02/18/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of extension of time[27] before Honorable Edmond E. Chang on 2/27/2020 at 08:30 AM. |
| 02/18/2020 | MEMORANDUM by Nike, Inc. in support of extension of time[27] 附件： 1:Declaration of Justin R. Gaudio |
| 02/18/2020 | MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order |
| 02/13/2020 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 2/13/2020: Mailed notice |
| 02/13/2020 | MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held. Plaintiff's motion for leave to file under seal [6] is granted. Plaintiff's motion for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [13] 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, Defendants 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 02/18/2020, Plaintiffs shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). Plaintiff's motion for electronic service of process [18] is granted. Status hearing of 03/24/2020 is reset to 02/27/2020 at 8:30 a.m., but due to the Court's schedule, Plaintiffs shall file the TRO extension motion on 02/18/2020, noticed for presentment at the next status hearing date and time, so that the Court can decide the motion on 02/18/2020 or 02/19/2020. Mailed notice |
| 02/12/2020 | MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the hearing time on Plaintiff's motions [6], [13], [18] are reset to 9:00 a.m. on the same date, 02/13/2020. Mailed notice |
| 02/10/2020 | Notice of Claims Involving Trademarks by Nike, Inc. |
| 02/10/2020 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc. |
| 02/10/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 13, motion for miscellaneous relief 18, motion for leave to file 6 before Honorable Edmond E. Chang on 2/13/2020 at 08:30 AM. |
| 02/10/2020 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 02/10/2020 | MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief[18] |
| 02/10/2020 | MOTION by Plaintiff Nike, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 02/10/2020 | SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 regarding declaration[16] |
| 02/10/2020 | DECLARATION of Joe Pallett regarding memorandum in support of motion[14] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 02/10/2020 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 02/10/2020 | MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order[13] |
| 02/10/2020 | MOTION by Plaintiff Nike, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 02/05/2020 | MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 03/24/2020 at 9:00 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Mailed notice 附件： 1:Status Report Requirements |
| 02/03/2020 | SEALED DOCUMENT by Plaintiff Nike, Inc. Amended Complaint 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Schedule A |
| 02/03/2020 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 02/03/2020 | MAILED trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:Exhibit 1 |
| 02/03/2020 | 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. |
| 01/31/2020 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
| 01/31/2020 | SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1] |
| 01/31/2020 | MOTION by Plaintiff Nike, Inc. for leave to file under seal |
| 01/31/2020 | ATTORNEY Appearance for Plaintiff Nike, Inc. by RiKaleigh C. Johnson |
| 01/31/2020 | ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler |
| 01/31/2020 | ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio |
| 01/31/2020 | CIVIL Cover Sheet |
| 01/31/2020 | COMPLAINT filed by Nike, Inc.; Filing fee $ 400, receipt number 0752-16675795. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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