2022-cv-03853 - 案件详情 - 61TRO案件查询网站

最近更新:2024-12-25
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2022-cv-03853

Toyota Motor Sales, U.S.A., Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期 - 61TRO案件查询网站 日期:07/26/2022

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:Toyota 丰田汽车

律所 - 61TRO案件查询网站 律所:GBC

日期 描述
08/12/2022 SURETY BOND in the amount of $ $10,000.00 posted by plaintiff.
09/23/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
附件:
1:(Closing Order dated 9/22/2022)
09/22/2022 ENTERED JUDGMENT Signed by the courtroom deputy on 09/22/2022. Emailed notice
09/22/2022 ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment [36] is granted. Statutory damages are awarded in the amount of fifty-thousand dollars ($50,000) as requested. Given the finding of willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 09/30/2022 is vacated. Civil case terminated. Emailed notice
09/20/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[37]
附件:
1:Exhibit 1
09/20/2022 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment[36]
附件:
1:Exhibit 1
09/20/2022 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants
附件:
1:Exhibit A
09/01/2022 NEW PARTIES: Zhoumin0586 added to case caption.
08/31/2022 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/31/2022. Emailed notice
08/31/2022 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, motion for preliminary injunction [30] is granted. Given the answer deadline of 09/16/2022, the tracking status hearing of 09/02/2022 is reset to 09/30/2022 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 the joint initial status report by 09/20/2022. If the Defendant has not answered by the 09/16/2022 deadline, then the Defendant is deemed in default and the Plaintiff shall file a motion for default judgment on 09/20/2022. Emailed notice
08/31/2022 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to withdraw Isaku Begert as attorney for Plaintiff [29] is granted. Emailed notice
08/26/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
08/26/2022 SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/26/2022, answer due 9/16/2022.
附件:
1:Declaration of Kahlia R. Halpern
2:(Exhibit A)
08/26/2022 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction 30
附件:
1:Declaration of Jake M. Christensen
2:(Exhibit 1)
08/26/2022 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction
附件:
1:(Exhibit A)
08/26/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
08/23/2022 MOTION by Attorney Isaku M. Begert to withdraw as attorney for Toyota Motor Sales, U.S.A., Inc. No party information provided
08/18/2022 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the initial TRO, the motion to extend the TRO 26 is granted. The TRO is extended through 09/02/2022. The tracking status hearing of 08/19/2022 is reset to 09/02/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) by 08/26/2022 or a status report. Emailed notice
08/12/2022 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of extension of time 26
附件:
1:(Declaration of Jake M. Christensen)
08/12/2022 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for extension of time of Temporary Restraining Order
08/05/2022 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Jake Michael Christensen
08/05/2022 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 08/05/2022. Emailed notice
08/05/2022 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 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 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 the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 3 for leave to file under seal is granted in light of the asset-restraint goal. By 08/12/2022, 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 15 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 08/19/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 08/12/2022. Emailed notice
08/03/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21]
附件:
1:Exhibit 1
2:Exhibit 2
08/03/2022 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief[20]
08/03/2022 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
08/03/2022 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 - Part 1 regarding declaration[18]
08/03/2022 DECLARATION of Teena Bohi regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
2:Exhibit 2
08/03/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
08/03/2022 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order[15]
08/03/2022 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
07/29/2022 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding amended complaint, 13
07/29/2022 AMENDED complaint by Toyota Motor Sales, U.S.A., Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
07/27/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
07/27/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
07/27/2022 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
07/26/2022 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Kahlia Roe Halpern
07/26/2022 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Isaku Begert
07/26/2022 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler
07/26/2022 ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio
07/26/2022 Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc.
07/26/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc.
07/26/2022 CIVIL Cover Sheet
07/26/2022 MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal
07/26/2022 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint[1]
07/26/2022 COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 402, receipt number AILNDC-19681590.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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