2022-cv-03850 - 案件详情 - 61TRO案件查询网站

最近更新:2024-12-25
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2022-cv-03850

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
09/23/2022 MAILED Patent/Trademark report with certified copy of minute order dated 9/22/2022 to Patent Trademark Office, Alexandria, VA.
附件:
1:(Certified Order)
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 [39] is granted. Statutory damages are awarded in the amount of fifty-thousand dollars ($50,000) as requested. The Court appreciates the level of detail in R. 13-1. 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[40]
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[39]
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: 7774446699 Store 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 [33] 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 [32] 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 33
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
08/16/2022 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that warranted the issuance of the initial TRO, the extension motion on the TRO 28 is granted from 08/19/2022 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) or a status report by 08/26/2022. Emailed notice
08/12/2022 SURETY BOND in the amount of $ 1,000 posted by Toyota Motor Sales, U.S.A., Inc. (Document not scanned).
08/12/2022 MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of extension of time[28]
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 17 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 22 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), the status hearing set for 09/16/2022 is reset to 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[23]
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[22]
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[20]
08/03/2022 DECLARATION of Teena Bohi regarding memorandum in support of motion[18]
附件:
1:Exhibit 1
2:Exhibit 2
08/03/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]
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[17]
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
08/03/2022 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 09/16/222 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 09/08/2022. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice
07/29/2022 SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding amended complaint, 14
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)
07/28/2022 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings pursuant to 28:294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 7/28/22.
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-19681323.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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