2024-cv-09700
日期 | 描述 |
---|---|
12/17/2024 | ENTERED JUDGMENT Signed by the courtroom deputy on 12/17/2024. Emailed notice |
12/17/2024 | FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 12/17/2024. Emailed notice |
12/17/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 33 is granted in part. As explained in the order, judgment entered in favor of the Plaintiff and against the Defendants in the amount of twenty-five thousand dollars ($25,000) from each Defendant. Given the willfulness established by the default, a permanent injunction is entered. The status hearing of 12/20/2024 is vacated. Civil case terminated. Emailed notice |
12/15/2024 | NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion for default judgment[33] before Honorable Edmond E. Chang on 12/19/2024 at 08:30 AM. |
12/15/2024 | MEMORANDUM by 81 Corporation, Hells Angels Motorcycle Corporation in support of motion for default judgment[33] 附件: 1:Exhibit Exhibit to Declaration of David Gulbransen 2:Declaration Declaration of David Gulbransen |
12/15/2024 | MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for default judgment as to all defendants |
11/18/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction [29] is granted. Given the answer deadline of 12/06/2024, R. 28, the tracking status hearing of 11/29/2024 is reset to 12/20/2024 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 12/12/2024. If the Defendants do not respond to the complaint on time, then they are deemed to be in default and the Plaintiff shall file a motion for default judgment in a sum certain by 12/12/2024 instead of the status report. Emailed notice |
11/15/2024 | CERTIFICATE of Service by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation regarding MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for preliminary injunction [29], SEALED Order[25], sealed document[17], amended complaint[16] |
11/15/2024 | MEMORANDUM by 81 Corporation, Hells Angels Motorcycle Corporation in support of motion for preliminary injunction[29] 附件: 1:Exhibit Exhibit to Declaration of David Gulbransen 2:Declaration Declaration of David Gulbransen |
11/15/2024 | MOTION by Plaintiffs 81 Corporation, Hells Angels Motorcycle Corporation for preliminary injunction |
11/15/2024 | SUMMONS Returned Executed by Hells Angels Motorcycle Corporation as to Partnerships and Unincorporated Associations Identified on Schedule A on 11/15/2024, answer due 12/6/2024. |
11/15/2024 | SURETY BOND in the amount of $ 2000.00 posted by Hells Angels Motorcycle Corporation |
11/14/2024 | MINUTE entry before the Honorable Edmond E. Chang: (1.) The Clerk shall edit the Case Short Title to Hells Angels Motorcycle Corporation v. Partnerships and Unincorporated Associations Identified on Schedule A. (2.) The Plaintiff did not file the status report, which was due on 11/12/2024. Nor was any TRO extension or other motion filed. The TRO expires on 11/18/2024. The tracking status hearing of 11/15/2024 is reset to 11/29/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file a status report by 11/20/2024, or else the case will be dismissed for lack of prosecution. Emailed notice |
11/04/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/04/2024. Emailed notice (mw,) |
11/04/2024 | MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the joinder memorandum, R. 23, the joinder inquiry is satisfied in light of the use of the same unique advertisement text, comprised of the same 18 words in the same sequence with the same typographical error. The motion [21] for extra pages is granted. The motion [22] to seal is granted in light of the asset restraint goal. The prior motion [9] for TRO is terminated in light of the superseding motion on the amended complaint. (3.) The Plaintiff's motion [18] 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 Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. By 11/08/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of the Defendants and omitting Amended Schedule A). The requests for early discovery and electronic service of process are granted for good cause. The tracking status hearing of 11/08/2024 is reset to 11/15/2024 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 status report by 11/12/2024. If appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 11/12/2024. Emailed notice |
11/01/2024 | SEALED DOCUMENT by Plaintiff Hells Angels Motorcycle Corporation Memorandum in Support of Joinder |
11/01/2024 | MOTION by Plaintiff Hells Angels Motorcycle Corporation to seal document sealed document[20], sealed document[17] |
11/01/2024 | MOTION by Plaintiff Hells Angels Motorcycle Corporation for leave to file excess pages |
11/01/2024 | SEALED DOCUMENT by Plaintiff Hells Angels Motorcycle Corporation Exhibit 1 to Delcaration of David Gulbransen |
11/01/2024 | MEMORANDUM by Hells Angels Motorcycle Corporation in support of motion for temporary restraining order[18] 附件: 1:Exhibit Exhibit 2 to Declaration of David Gulbransen 2:Declaration Declaration of David Gulbransen 3:Declaration Declaration of Plaintiff |
10/31/2024 | MOTION by Plaintiff Hells Angels Motorcycle Corporation for temporary restraining order |
10/31/2024 | SEALED DOCUMENT by Plaintiff Hells Angels Motorcycle Corporation Schedule A to Amended Complaint |
10/31/2024 | AMENDED complaint by Hells Angels Motorcycle Corporation against Partnerships and Unincorporated Associations Identified on Schedule A 附件: 1:Exhibit Exhibit 2 2:Exhibit Exhibit 1 |
10/31/2024 | NEW PARTIES: Hells Angels Motorcycle Corporation added to case caption. Terminating 81 Corporation |
10/22/2024 | MINUTE entry before the Honorable Edmond E. Chang: (1.) The motion [7] to file with pseudonym is denied. The motion does not set forth sufficient facts and justification to avoid the requirement of Civil Rule 10(a). The Plaintiff shall file a non-pseudonym complaint on the public docket by 11/01/2024. (2.) On review of the complaint and the TRO brief, the Court raises the propriety of joinder of the 551 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing the propriety of joinder by 11/01/2024. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. (3.) The motions [7], [12] to seal are granted in part in that Schedule A may be sealed for now in light of the goal of asset restraint. The motion [11] for extra pages is granted. The motion hearings of 10/23/2024 are vacated. The tracking status hearing of 11/01/2024 is reset to 11/08/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
10/17/2024 | STATUS Report Initial Status Report by 81 Corporation |
10/17/2024 | NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion to seal document[7], motion to seal document[12], motion for leave to file excess pages[11], motion for temporary restraining order[9] before Honorable Edmond E. Chang on 10/23/2024 at 08:30 AM. |
10/17/2024 | MOTION by Plaintiff 81 Corporation to seal document sealed document, [10] |
10/17/2024 | MOTION by Plaintiff 81 Corporation for leave to file excess pages |
10/17/2024 | SEALED DOCUMENT by Plaintiff 81 Corporation Memorandum in Support of Motion for TRO 附件: 1:Exhibit Exhibit 1 to Declaration of David Gulbransen (18 of 26) 2:Exhibit Exhibit 1 to Declaration of David Gulbransen (17 of 26) 3:Exhibit Exhibit 1 to Declaration of David Gulbransen (16 of 26) 4:Exhibit Exhibit 1 to Declaration of David Gulbransen (15 of 26) 5:Exhibit Exhibit 1 to Declaration of David Gulbransen (14 of 26) 6:Exhibit Exhibit 1 to Declaration of David Gulbransen (13 of 26) 7:Exhibit Exhibit 1 to Declaration of David Gulbransen (12 of 26) 8:Exhibit Exhibit 1 to Declaration of David Gulbransen (11 of 26) 9:Exhibit Exhibit 1 to Declaration of David Gulbransen (10 of 26) 10:Exhibit Exhibit 1 to Declaration of David Gulbransen (9 of 26) 11:Exhibit Exhibit 1 to Declaration of David Gulbransen (8 of 26) 12:Exhibit Exhibit 1 to Declaration of David Gulbransen (7 of 26) 13:Exhibit Exhibit 1 to Declaration of David Gulbransen (6 of 26) 14:Exhibit Exhibit 1 to Declaration of David Gulbransen (5 of 26) 15:Exhibit Exhibit 1 to Declaration of David Gulbransen (4 of 26) 16:Exhibit Exhibit 1 to Declaration of David Gulbransen (3 of 26) 17:Exhibit Exhibit 1 to Declaration of David Gulbransen (2 of 26) 18:Exhibit Exhibit 1 to Declaration of David Gulbransen (1 of 26) 19:Declaration Declaration of David Gulbransen 20:Declaration Declaration of Plaintiff 21:Exhibit Exhibit 1 to Declaration of David Gulbransen (19 of 26) 22:Exhibit Exhibit 1 to Declaration of David Gulbransen (20 of 26) 23:Exhibit Exhibit 1 to Declaration of David Gulbransen (21 of 26) 24:Exhibit Exhibit 1 to Declaration of David Gulbransen (22 of 26) 25:Exhibit Exhibit 1 to Declaration of David Gulbransen (23 of 26) 26:Exhibit Exhibit 1 to Declaration of David Gulbransen (24 of 26) 27:Exhibit Exhibit 1 to Declaration of David Gulbransen (25 of 26) 28:Exhibit Exhibit 1 to Declaration of David Gulbransen (26 of 26) 29:(Exhibit Exhibit 2 to Declaration of David Gulbransen) |
10/17/2024 | MOTION by Plaintiff 81 Corporation for temporary restraining order |
10/09/2024 | MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 11/01/2024 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 10/23/2024. Plaintiff must still file the report even if Defendants have 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 |
10/08/2024 | 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. |
10/08/2024 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). |
10/08/2024 | MOTION by Plaintiff 81 Corporation to seal document sealed document[5], sealed document[2], sealed document[4] |
10/08/2024 | ATTORNEY Appearance for Plaintiff 81 Corporation by David Lee Gulbransen, Jr |
10/08/2024 | SEALED DOCUMENT by Plaintiff 81 Corporation USPTO Cover Sheet |
10/08/2024 | SEALED DOCUMENT by Plaintiff 81 Corporation Affiliate Disclosure |
10/08/2024 | CIVIL Cover Sheet |
10/08/2024 | SEALED DOCUMENT by Plaintiff 81 Corporation Complaint, Ex. 1, Ex. 2, and Schedule A 附件: 1:Exhibit Exhibit 1 2:Exhibit Exhibit 2 3:(Appendix Schedule A) |
10/08/2024 | COMPLAINT filed by 81 Corporation; Filing fee $ 405, receipt number AILNDC-22574723. |
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