2021-cv-01233 - 案件详情 - 61TRO案件查询网站

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2021-cv-01233

XYZ Corporation v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期 - 61TRO案件查询网站 日期:03/04/2021

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
06/10/2021 ENTERED JUDGMENT Signed by the courtroom deputy on 06/10/2021. Emailed notice
06/10/2021 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/10/2021. Emailed notice
06/10/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment 27 is granted in part. For the reasons stated in the order, the statutory damages award are $25,000 for the trademark claims and $10,000 for the copyright claims as to each Defendant. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/18/2021 is vacated. Civil case terminated. Emailed notice
06/10/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff shall email a proposed judgment order to the Proposed Order email account by 06/14/2021. The tracking status hearing of 06/11/2021 is reset to 06/18/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
06/04/2021 MEMORANDUM by XYZ Corporation in support of motion for default judgment, motion for entry of default 27
附件:
1:Declaration in Support of Motion
06/04/2021 MOTION by Plaintiff XYZ Corporation for default judgment as to all Defendants, MOTION by Plaintiff XYZ Corporation for entry of default as to all Defendants
附件:
1:Exhibit 1 - Schedule A
05/21/2021 SURETY BOND in the amount of $ 10,000.00 posted by XYZ Corporation. (Document not imaged)
04/29/2021 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/29/2021. Emailed notice
04/29/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction 20 is granted in light of the continued applicability of the facts that justified the entry of the TRO. The answer deadline appears to be 05/19/2021. R. 23. The tracking status hearing of 04/30/2021 is reset to 06/11/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 06/04/2021. But if a Defendant fails to answer on time, then that Defendant shall be deemed in default, and the Plaintiff should file a default-judgment motion in a sum certain by 06/04/2021 instead. Emailed notice
04/28/2021 SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/28/2021, answer due 5/19/2021.
附件:
1:Declaration of Service
04/28/2021 ATTORNEY Appearance for Plaintiff XYZ Corporation by Sofia Quezada
04/28/2021 MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction 20
附件:
1:Declaration in Support of Motion
04/28/2021 MOTION by Plaintiff XYZ Corporation for preliminary injunction
04/19/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 18 is granted. Given the continued applicability of the facts that justified issuance of the initial TRO, the TRO is extended through 05/04/2021. If necessary and appropriate, the Plaintiff shall file a motion for preliminary injunction by 04/28/2021. If the Defendant has filed an appearance in the case, then a joint status report is due by 04/28/2021. The tracking status hearing of 04/20/2021 is reset to 04/30/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
04/16/2021 SEALED MOTION by Plaintiff XYZ Corporation to Extend the Temporary Restraining Order
附件:
1:Supplement Memorandum in Support
2:Declaration in Support of Motion
04/06/2021 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/06/2021. Emailed notice
04/06/2021 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
04/06/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/06/2021. Emailed notice
04/06/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 11 for temporary restraining order and other relief 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), the 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 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 the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 5 for leave to file under seal and proceed anonymously is granted in light of the asset-restraint goal. By 04/13/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 13 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 04/20/2021 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/16/2021. Emailed notice
04/06/2021 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
03/05/2021 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 13 for Electronic Service of Process
附件:
1:Declaration of Ann Marie Sullivan
2:Exhibit 1-4
03/05/2021 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process
03/05/2021 SEALED DOCUMENT by Plaintiff XYZ Corporation Declaration of Paul Varley in Support of Motion for Temporary Restraining Order
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
03/05/2021 SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order
03/05/2021 SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order
03/05/2021 SEALED EXHIBIT by Plaintiff XYZ Corporation Amended Schedule A regarding sealed document 6
03/05/2021 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
03/05/2021 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment.
03/05/2021 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
03/04/2021 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Complaint
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3 - Schedule A)(Sullivan, Ann Marie
03/04/2021 MOTION by Plaintiff XYZ Corporation for leave to file Anonymously and to File Certain Documents Under Seal (Sullivan, Ann Marie)
03/04/2021 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter
03/04/2021 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
03/04/2021 CIVIL Cover Sheet (Sullivan, Ann Marie)
03/04/2021 COMPLAINT filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-17990963.(Sullivan, Ann Marie)

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