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2024-cv-09401
| 日期 | 描述 |
|---|---|
| 10/18/2024 | MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, and false designation of origin against 103 defendants. (R. 1 and R. 3.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Toyota Products in the same transaction, occurrence, or series of transactions or occurrences." (R. 1 Para. 25.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The October 22, 2024, motion hearing is stricken. The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on October 30, 2024, at 9:30 a.m. Mailed notice. |
| 10/08/2024 | MINUTE entry before the Honorable Jeremy C. Daniel: The motion hearing set for 10/15/2024 is reset to 10/22/2024 at 9:30 a.m. Mailed notice. |
| 10/08/2024 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 18, motion for leave to file 3, motion for temporary restraining order 13 before Honorable Jeremy C. Daniel on 10/15/2024 at 09:30 AM. |
| 10/08/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 10/08/2024 | MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 18 |
| 10/08/2024 | MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 10/08/2024 | SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 Parts 1-4 regarding declaration 16 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:(Exhibit 3-4) |
| 10/08/2024 | DECLARATION of Teena Bohi regarding memorandum in support of motion 14 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 10/08/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 10/08/2024 | MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order 13 |
| 10/08/2024 | 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 |
| 10/04/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 10/04/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 10/03/2024 | 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. |
| 10/03/2024 | CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). |
| 10/03/2024 | ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Lucas Allen Peterson |
| 10/03/2024 | ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami |
| 10/03/2024 | ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler |
| 10/03/2024 | ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio |
| 10/03/2024 | Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc. |
| 10/03/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc. |
| 10/03/2024 | CIVIL Cover Sheet |
| 10/03/2024 | MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal |
| 10/03/2024 | SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint[1] |
| 10/03/2024 | COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 405, receipt number AILNDC-22556692. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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