最近更新：2024-12-25
2021-cv-00852
| 日期 | 描述 |
|---|---|
| 04/15/2021 | ENTERED JUDGMENT Signed by the courtroom deputy on 04/15/2021. Emailed notice |
| 04/15/2021 | ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment 24 is granted. As explained in the Order, the statutory damages request of $100,000 per Defendant is reasonable (the copyright claim is unique in this case). A separate AO-450 judgment shall be entered. The tracking status hearing of 04/16/2021 is vacated. Civil case terminated. Emailed notice |
| 04/08/2021 | NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 24 before Honorable Edmond E. Chang on 4/16/2021 at 08:30 AM. |
| 04/08/2021 | MEMORANDUM by MERCIS B.V. in support of motion for default judgment 24 附件： 1:Exhibit 1 2:Exhibit 2 3:Declaration of Keith A. Vogt |
| 04/08/2021 | MOTION by Plaintiff MERCIS B.V. for default judgment as to The Defendants Identified In The First Amended Schedule A |
| 03/17/2021 | BOND on Injunction in the amount of $ 10,000.00 posted by MERCIS B.V. (Document not imaged) |
| 03/11/2021 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 03/11/2021. Emailed notice |
| 03/11/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction is granted, in light of the continued applicability of the circumstances that justified the issuance of the TRO. Given the 03/29/2021 answer deadline, the tracking status hearing of 03/12/2021 is reset to 04/16/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 04/08/2021, the parties shall file a joint status report. But if the Defendants do not answer on time, then the Defendants are deemed is in default, the Plaintiff shall file a motion for default judgment in a sum certain by 04/08/2021. Emailed notice |
| 03/08/2021 | SUMMONS Returned Executed by MERCIS B.V. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/8/2021, answer due 3/29/2021. 附件： 1:Declaration of Service |
| 03/08/2021 | NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 16 before Honorable Edmond E. Chang on 3/12/2021 at 08:30 AM. |
| 03/08/2021 | MEMORANDUM by MERCIS B.V. in support of motion for preliminary injunction 16 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1 to Declaration of KVogt |
| 03/08/2021 | MOTION by Plaintiff MERCIS B.V. for preliminary injunction |
| 03/01/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 02/26/2021 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 2/26/2021. Mailed notice |
| 02/26/2021 | MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion 9 for leave to file under seal is granted. 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 the Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. By 03/08/2021, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). The Plaintiff's motion 10 for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 03/12/2021 at 8:30 a.m. But the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 03/08/2021. Mailed notice |
| 02/16/2021 | SEALED EXHIBIT by Plaintiff MERCIS B.V. Sealed Exhibit 3 to the Declaration of Frank Padberg regarding memorandum in support of motion, 12 附件： 1:Exhibit 3, Part 1 |
| 02/16/2021 | MEMORANDUM IN SUPPORT OF 11 EX PARTE MOTION 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-6 to Declaration of KVogt 3:Declaration of Frank Padberg 4:Exhibit 1 to the Declaration of FPadberg 5:Exhibit 2 to the Declaration of FPadberg |
| 02/16/2021 | MOTION by Plaintiff MERCIS B.V. for leave to file excess pages |
| 02/16/2021 | MOTION by Plaintiff MERCIS B.V. for leave to file [Certain] Documents Under Seal |
| 02/16/2021 | SEALED DOCUMENT by Plaintiff MERCIS B.V. [Amended] Schedule A to Complaint 1 |
| 02/16/2021 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. |
| 02/16/2021 | ATTORNEY Appearance for Plaintiff MERCIS B.V. by Adam Grodman |
| 02/16/2021 | ATTORNEY Appearance for Plaintiff MERCIS B.V. by Yi Bu |
| 02/16/2021 | ATTORNEY Appearance for Plaintiff MERCIS B.V. by Yanling Jiang |
| 02/16/2021 | ATTORNEY Appearance for Plaintiff MERCIS B.V. by Keith A. Vogt |
| 02/16/2021 | CIVIL Cover Sheet |
| 02/16/2021 | SEALED DOCUMENT by Plaintiff MERCIS B.V. Schedule A to Complaint 1 |
| 02/16/2021 | COMPLAINT filed by MERCIS B.V.; Filing fee $ 402, receipt number 0752-17932565. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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