最近更新：2024-12-25
2022-cv-01088
| 日期 | 描述 |
|---|---|
| 10/13/2022 | STATEMENT by Grumpy Cat Limited Plaintiff's Statement in Response to Recent Minute Orders [Dkt. Nos. 23, 27 and 28] 附件： 1:Exhibit A 2:Exhibit B 3:(Exhibit C) |
| 10/11/2022 | MINUTE entry before the Honorable Steven C. Seeger: This Court's Order dated October 4, 2022 (Dckt. No. 23) remains in effect, despite the closure of this case, to the extent that it required Plaintiff's counsel to address the repeated filing of cases involving the Grumpy Cat trademarks (including the schedule of filed cases). Counsel must file the required statement by October 13, 2022, as previously directed. Mailed notice |
| 10/11/2022 | MINUTE entry before the Honorable Steven C. Seeger: On March 2, 2022, Plaintiff filed a complaint against a list of 250 defendants on an accompanying Schedule A. (Dckt. No. 7) Then, two days later, on March 2, 2022, Plaintiff filed an amended complaint against only 10 defendants, and dropped the other 240 defendants. By October 13, 2022, Plaintiff's counsel must file a statement explaining that maneuver. Why did you sue 250 defendants, and then dismiss 240 of the 250 defendants two days later? Did Plaintiff later sue those other 240 defendants in another lawsuit? If so, in what lawsuit (meaning what case and case number)? The Court expects candor from counsel. The filing must be signed by all counsel of record, and thus must certify that the response is accurate within the meaning of the Federal Rules. The closure of this case (Dckt. No. 26) does not impair counsel's obligation to comply with this Order. Mailed notice |
| 10/07/2022 | MINUTE entry before the Honorable Steven C. Seeger: Based upon the filed Notice of Voluntary Dismissal (Dckt. No. 25), this case is dismissed without prejudice. Each party shall bear its own attorney's fees and costs. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice. |
| 10/07/2022 | NOTICE of Voluntary Dismissal by Grumpy Cat Limited Plaintiff's Notice of Voluntary Dismissal Without Prejudice of All Remaining Defendants |
| 10/04/2022 | SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 10/4/2022. Mailed notice. |
| 10/04/2022 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file excess pages (Dckt. No. 14) is hereby granted. Plaintiff's motion for leave to file under seal (Dckt. No. 6) is granted. Plaintiff's motion for a temporary restraining order (Dckt. No. 15) is hereby granted in part. Temporary Restraining Order to follow. Plaintiff must effectuate service of process by October 7, 2022. Responses to the complaint are due by October 21, 2022. Motions for default and default judgment are due by October 24, 2022. Responses are due by October 27, 2022. The Court forewarns Plaintiff that it is not inclined to grant any extensions, including any extensions of the TRO, so Plaintiff must be prepared to comply. A failure to comply will lead to dismissal. The Court denies the request for an asset freeze because the Court sees no realistic likelihood that Plaintiff will seek an accounting of profits or comparable equitable relief, as opposed to statutory damages. By October 13, 2022, Plaintiff must file a list of all Schedule A cases filed by Grumpy Cat in the last five years. The spreadsheet must list each case name, case number, and date of filing. In that filing, Plaintiff must address whether the constant filing of lawsuits to protect Grumpy Cat exceeds the value of the Grumpy Cat trademark itself, and thus whether it is a prudent use of societal resources. Mailed notice. |
| 08/19/2022 | MEMORANDUM by Grumpy Cat Limited Plaintiff's Supplemental Memorandum in Support of a Pre-Judgment Asset Restraint |
| 08/15/2022 | STATUS Report Initial Status Report Under Rule 26(f) by Grumpy Cat Limited |
| 08/09/2022 | MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for an ex parte temporary restraining order (Dckt. No. 15). The proposed minute order includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its memo, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 26. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice |
| 05/16/2022 | MINUTE entry before the Honorable Steven C. Seeger: The deadline to file an initial status report by May 16, 2022 is stricken and reset for August 15, 2022.Mailed notice. |
| 03/04/2022 | Notice of Claims Involving Trademarks by Grumpy Cat Limited |
| 03/04/2022 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 of Bundesen Declaration |
| 03/04/2022 | MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, 15 附件： 1:Declaration Bundesen Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
| 03/04/2022 | MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 03/04/2022 | MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 03/04/2022 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Amended Schedule A |
| 03/04/2022 | AMENDED complaint by Grumpy Cat Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 03/03/2022 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 03/03/2022 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 03/02/2022 | MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by May 16, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. |
| 03/02/2022 | 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. |
| 03/02/2022 | CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. |
| 03/02/2022 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grumpy Cat Limited |
| 03/02/2022 | SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A |
| 03/02/2022 | MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal |
| 03/02/2022 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray |
| 03/02/2022 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac |
| 03/02/2022 | ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl |
| 03/02/2022 | CIVIL Cover Sheet |
| 03/02/2022 | COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 402, receipt number 0752-19205693. 附件： 1:Exhibit 1 2:(Exhibit 2) |
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