2020-cv-00694 - 案件详情 - 61TRO案件查询网站

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2020-cv-00694

Rubik's Brand, Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

日期 - 61TRO案件查询网站 日期:01/30/2020

法院 - 61TRO案件查询网站 法院:伊利诺伊州北区法院

品牌 - 61TRO案件查询网站 品牌:

律所 - 61TRO案件查询网站 律所:

日期 描述
10/19/2020 ENTERED JUDGMENT Signed by the courtroom deputy on 10/19/2020. Emailed notice
10/19/2020 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 10/19/2020. Emailed notice
10/19/2020 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment 54 is granted in part and modified in part. First, on monetary damages, the requested amounts are too high, and instead $31,000 is entered against each Defendant, for the reasons explained in the judgment order (which will be docketed separately). Second, the Court extended the number of business days for non-parties to comply. Third, the Court removed the what had been proposed Paragraphs 7 to 9, which would have given blanked authorization for the Plaintiff to collect against new accounts or freeze other sites whenever the Plaintiff purported to identify new accounts or sites. Instead, the Plaintiff must pursue post-judgment collection or application of the injunction as in any other case: by applying to the Court through post-judgment procedures. A separate AO-450 judgment shall be entered, along with the judgment order (including the permanent injunction). The tracking status hearing of 10/23/2020 is vacated. Civil case terminated. Emailed notice
10/16/2020 MEMORANDUM by Rubik's Brand, Ltd. in support of motion for default judgment, motion for entry of default[54] as to all Defendants
附件:
1:Declaration
10/16/2020 MOTION by Plaintiff Rubik's Brand, Ltd. for default judgment as to all Defendants, MOTION by Plaintiff Rubik's Brand, Ltd. for entry of default as to all Defendants
10/16/2020 NEW PARTIES: he5269, m13057-0, m15657-35 and ma1732_98 added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule "A"
10/14/2020 CIVIL BOND in the amount of $ $10,000.00 posted by Rubik's Brand, Ltd. (Document not scanned).
09/21/2020 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 09/21/2020. Emailed notice
09/21/2020 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion for preliminary injunction [47]is granted, in light of the continued applicability of the circumstances justifying the TRO. Plaintiff shall email a proposed order to the Proposed Order email account. With the service date of 09/18/2020, R. 50, the answer deadline is 10/09/2020. If no answer is filed on time, then Defendants are deemed to be in default, and Plaintiff shall file a motion for default judgment in a sum certain by 10/16/2020. The tracking status hearing of 09/25/2020 is reset to 10/23/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
09/18/2020 SUMMONS Returned Executed by Rubik's Brand, Ltd. as to All Defendants.
附件:
1:Declaration of Service
09/18/2020 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
09/18/2020 NOTICE of Motion by Ann Marie Sullivan for presentment of motion for preliminary injunction[47] before Honorable Edmond E. Chang on 9/24/2020 at 08:30 AM. (Sullivan, Ann Marie)
09/18/2020 MEMORANDUM by Rubik's Brand, Ltd. in support of motion for preliminary injunction[47]
附件:
1:Declaration of Ann Marie Sullivan
09/18/2020 MOTION by Plaintiff Rubik's Brand, Ltd. for preliminary injunction (Sullivan, Ann Marie)
09/10/2020 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/10/2020. Emailed notice
09/10/2020 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 9/10/2020. Emailed notice
09/10/2020 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motions [10] [41] for leave to file under seal are granted. Plaintiff's motion [13] for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery is granted. An order will be entered under seal separately. Joinder is proper after the filing of the Amended Complaint. 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 09/16, 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 [17] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 09/25/2020 at 8:30 a.m. Plaintiffs shall file the TRO extension motion (or a preliminary injunction motion) on 09/18/2020, and the Court will decide that motion before the tracking status hearing. Emailed notice
09/10/2020 MINUTE entry before the Honorable Edmond E. Chang: The Court directs Plaintiff to email to the Proposed Order account an MS Word version of the proposed TRO reflecting Amended Schedule A. The tracking status hearing of 09/11/2020 is vacated and will be reset upon entry of the TRO. Emailed notice
08/27/2020 SEALED DOCUMENT by Plaintiff Rubik's Brand, Ltd. Memorandum in Support of Joinder of Defendants on Amended Schedule A
08/27/2020 MOTION by Plaintiff Rubik's Brand, Ltd. to seal document sealed document[40] (Sullivan, Ann Marie)
08/27/2020 SEALED DOCUMENT by Plaintiff Rubik's Brand, Ltd. Amended Complaint (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit Amended Exhibit to the Declaration of Paul Varley, # (4) Exhibit Amended Schedule A)(Sullivan, Ann Marie)
08/21/2020 MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, the joinder of the Defendants in this case is improper under Rule 20(a)(2). Rubik's Brand has until 09/02/2020 to file an amended complaint narrowing the claims down to a subset of Defendants who are properly joined. Any amended complaint must be accompanied by a memorandum explaining specifically why each Defendant is properly joined to all of the others. Once that happens, and if joinder is proper, the Court will decide the current motion for temporary restraining order and the related motions without the need for Rubik's Brand to refile them. The status hearing of 08/28/2020 is reset to 09/11/2020, at 8:30 a.m., but to track the case only (no appearance is required). Emailed notice
08/06/2020 MINUTE entry before the Honorable Edmond E. Chang: With the joinder issue still pending, the status hearing of 08/07/2020 is reset to 08/28/202 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
07/10/2020 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk8, Docket)
06/22/2020 MINUTE entry before the Honorable Edmond E. Chang: The Court still has the joinder issue under advisement. To track the case only (no appearance is required, the case will not be called), the status hearing of 06/26/2020 is reset to 08/07/2020 at 8:30 a.m. The 06/25/2020 notice of motion date is hereby stricken. Mailed notice (ma,)
06/19/2020 Case Tracking NOTICE of Motion by Alison Carter for presentment of motion for temporary restraining order 13, motion for leave to file 10, motion for miscellaneous relief 17 before Honorable Edmond E. Chang on 6/25/2020 at 08:30 AM.
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. (docket9,)
05/15/2020 STATUS Report by Rubik's Brand, Ltd.
05/08/2020 MINUTE entry before the Honorable Edmond E. Chang: In light of the pending joinder issue, R. 22, To track the case only (no appearance is required, the case will not be called), the status hearing of 06/04/2020 is reset to 06/26/2020 at 8:30 a.m. 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 the pending joinder issue, R. 22, and in light of Second Amended General Order 20-0012, the status hearing of 04/09/2020 is reset to 06/04/2020 at 9:30 a.m. The motion 25 to seal is granted in light of the goal of restraining assets. 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 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.
03/04/2020 MINUTE entry before the Honorable Edmond E. Chang: The Court takes the joinder 25 and other filings under advisement. Motion hearing of 03/05/2020 and status hearing of 03/23/2020 are reset to 04/09/2020 at 9:30 a.m. Mailed notice
02/27/2020 NOTICE of Motion by Alison Carter for presentment of motion for temporary restraining order 13, motion for leave to file 10, motion for miscellaneous relief 17, motion for leave to file 25 before Honorable Edmond E. Chang on 3/5/2020 at 08:30 AM.
02/27/2020 MOTION by Plaintiff Rubik's Brand, Ltd. for leave to file Under Seal
02/26/2020 SEALED EXHIBIT by Plaintiff Rubik's Brand, Ltd. Exhibits 1-4 regarding declaration 23 (Sullivan, Ann Marie)
02/26/2020 DECLARATION of Ann Marie Sullivan regarding memorandum 22 Establishing That Joinder Is Proper (Sullivan, Ann Marie)
02/26/2020 MEMORANDUM by Rubik's Brand, Ltd. Establishing That Joinder Is Proper
02/12/2020 MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint and the TRO brief, the Court raises the propriety of joinder of the 10 Defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 02/26/2020. In lieu of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. All motions 10 13 17 are reset to 03/23/2020 at 9:15 a.m. Mailed notice
02/10/2020 NOTICE of Motion by Alison Carter for presentment of motion for temporary restraining order 13, motion for leave to file 10, motion for miscellaneous relief 17 before Honorable Edmond E. Chang on 2/13/2020 at 08:30 AM.
02/10/2020 DECLARATION of Ann Marie Sullivan regarding memorandum in support of motion 18 for Service of Process by E-mail and/or Electronic Publication
附件:
1:Exhibit 1-4
02/10/2020 MEMORANDUM by Rubik's Brand, Ltd. in support of motion for miscellaneous relief 17
02/10/2020 MOTION by Plaintiff Rubik's Brand, Ltd. for Service of Process by E-mail and/or Electronic Publication
02/10/2020 SEALED EXHIBIT by Plaintiff Rubik's Brand, Ltd. Exhibit 3 regarding declaration 15
02/10/2020 DECLARATION of Paul Varley regarding memorandum in support of motion 14 for temporary restraining order
附件:
1:Exhibit 1
2:Exhibit 2
02/10/2020 MEMORANDUM by Rubik's Brand, Ltd. in support of motion for temporary restraining order 13
02/10/2020 MOTION by Plaintiff Rubik's Brand, Ltd. for temporary restraining order
02/05/2020 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 03/23/2020 at 9:15 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
01/31/2020 SEALED EXHIBIT by Plaintiff Rubik's Brand, Ltd. Schedule "A" regarding complaint 1 (Sullivan, Ann Marie)
01/31/2020 MOTION by Plaintiff Rubik's Brand, Ltd. for leave to file under seal
01/31/2020 Schedule "A" by Rubik's Brand, Ltd.
01/31/2020 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 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
01/31/2020 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
01/30/2020 Complaint

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