最近更新：2025-03-07
2024-cv-12523
| 日期 | 描述 |
|---|---|
| 03/03/2025 | DEFAULT Judgment Order Signed by the Honorable Georgia N Alexakis on 3/3/25. |
| 03/03/2025 | SECOND expedited discovery and electronic service order Signed by the Honorable Georgia N Alexakis on 3/3/25. |
| 03/03/2025 | MINUTE entry before the Honorable Georgia N Alexakis: None of the 56 defaulting defendants identified in Exhibit A to plaintiff's memorandum in support of its motion for default judgment [34-1] has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion for default judgment as to these 56 defendants 33 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's intellectual property irreparably harms plaintiff and confuses the public. Because this infringement was willful and considering the value of plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $25,000 is an appropriate award of statutory damages against each remaining defendant. Enter Default Judgment Order. In a recently filed status report 40, plaintiff also sought leave to conduct expedited discovery with respect to the five remaining defendants in this matter. The Court construes that request as a motion for leave to conduct expedited discovery, which it grants as expedited discovery is warranted to identify defendants and effectuate service. Enter Order. Plaintiff is directed to file another status report by 4/3/25. If any remaining defendant appears before that date, the status report should be jointly filed. No appearance is required on 3/4/25. |
| 02/28/2025 | NOTICE of Voluntary Dismissal by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. as to Certain Defendants |
| 02/25/2025 | STATUS Report by Intersport Corp. d/b/a Wham-O, Wham-O Holding, Ltd. |
| 02/20/2025 | ORDER Signed by the Honorable Georgia N Alexakis on 2/20/25. |
| 02/20/2025 | MINUTE entry before the Honorable Georgia N Alexakis: For the reasons set forth in the accompanying order, the Court denies plaintiffs' renewed motion for a temporary restraining order. 24. |
| 02/14/2025 | CERTIFICATE of Service of Court's Minute Order (Dkt. 36) on 56 Defaulting Defendants by Peter Krusiewicz on behalf of Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O |
| 02/14/2025 | MINUTE entry before the Honorable Georgia N Alexakis: Before the Court is Plaintiff's motion for entry of default and default judgment 34 against 56 defaulting defendants identified in Exhibit A to its memorandum in support of its motion for default judgment [34-1]. (Exhibit A states that these 56 defendants were served on "January 22, 2026"; the Court assumes this is a scrivener's error and the defendants were, in fact, served on January 22, 2025.) These 56 defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against these 56 defendants is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the 56 defaulted Defendants must be filed on or before 2/28/25. Plaintiff must serve this minute order upon the 56 Defendants within one business day of its entry on the docket and must promptly file proof of that service. The Court otherwise enters and continues that portion of plaintiff's motion seeking default judgment as to the 56 defaulted defendants. No appearance is required on 2/20/25. Plaintiff's motion for a renewed TRO, including its request for a blanket asset freeze, remains under advisement 24. |
| 02/13/2025 | NOTICE of Motion by Matthew A. Werber for presentment of motion for default judgment[33] before Honorable Georgia N Alexakis on 2/20/2025 at 09:30 AM. |
| 02/13/2025 | MEMORANDUM by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O in support of motion for default judgment[33] 附件： 1:Exhibit Defendants in Default 2:Declaration of M. Werber ISO Motion for Default Judgment 3:Unpublished - Peanuts Default - NDIL-1-24-cv-11607 4:Other Unpublished |
| 02/13/2025 | MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O for default judgment as to remaining defendants |
| 01/29/2025 | MINUTE entry before the Honorable Georgia N Alexakis: At the request of counsel by email to the Courtroom Deputy. The status hearing set for 2/6/25 is reset for 3/4/25 at 9:30 a.m. The joint status report is now due by 2/25/25. The |
| 01/22/2025 | SUMMONS Returned Executed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto on 1/22/2025, answer due 2/12/2025. 附件： 1:(Declaration) |
| 01/22/2025 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto |
| 01/21/2025 | STATUS Report by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O |
| 01/13/2025 | MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 1/13/25 on plaintiff's renewed motion for a temporary restraining order 24, which includes a request for a temporary asset restraint. As further reflected on the record, at the hearing, the Court expressed concern that plaintiff's request for a temporary asset restraint was overbroad. In particular, plaintiff has asked the Court to restrain "any money or other of Defendants' assets in any of Defendants' financial accounts"; and to order third parties to "locate all accounts and funds connected to Defendants' seller aliases" and, having done so, to "restrain and enjoin any such accounts or funds from transferring or disposing of any money or other of Defendants' assets." As the Court explained, this request for relief struck it as overbroad where plaintiff's own evidence shows that the defendant storefronts sell dozens of products other than the allegedly infringing product at issue and, as a result, defendants' financial accounts may very well contain assets that are the result of legitimate, non-infringing sales. Following the hearing, plaintiff submitted a supplemental notice of authority in support of its request for a blanket asset freeze 28. The Court enters and continues plaintiff's renewed motion for a temporary restraining order and takes the supplemental notice of authority under advisement. It will rule on plaintiff's motion via CM/ECF. |
| 01/13/2025 | SUPPLEMENT to motion for temporary restraining order 24 附件： 1:(Supplement Unpublished Akamatsu Decision) |
| 01/13/2025 | SEALED Expedited Discovery and Electronic Service Order Signed by the Honorable Georgia N Alexakis on 1/13/25. |
| 01/06/2025 | NOTICE of Motion by Matthew A. Werber for presentment of before Honorable Georgia N Alexakis on 1/13/2025 at 09:30 AM. |
| 01/06/2025 | SEALED EXHIBIT by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O - Exhibit A - Product Listings - regarding MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O for temporary restraining order - Renewed Motion - 24 |
| 01/06/2025 | MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O for temporary restraining order - Renewed Motion - 附件： 1:(Declaration) |
| 12/20/2024 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. |
| 12/19/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 12/19/24. No defendant was present. For the reasons stated on the record, plaintiff's ex parte motion for a temporary restraining order 17 is granted in part and denied in part. The Court grants plaintiff's request for expedited discovery, but otherwise denies the motion, without prejudice to renewal, given the lack of evidence presented that any alleged infringing activity is ongoing, contrary to the representations plaintiff made in support of its motion. Plaintiff's motion for service of process by electronic means 19 is granted, although the Court is willing to revisit this issue if a party were to appear in this matter and challenged the propriety of service in this manner. An initial status report is due by 1/20/25. |
| 12/17/2024 | MINUTE entry before the Honorable Georgia N Alexakis: The motion hearing set for 12/19/24 at 9:30 a.m. is reset for 12/19/24 at 9:00 a.m. (Time change only). |
| 12/16/2024 | NOTICE of Motion by Matthew A. Werber for presentment of motion for temporary restraining order[17], motion for miscellaneous relief, [19] before Honorable Georgia N Alexakis on 12/19/2024 at 09:30 AM. |
| 12/16/2024 | MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O- electronic service of process - MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) |
| 12/16/2024 | MEMORANDUM by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O in support of motion for temporary restraining order 17 MEMORANDUM IN SUPPORT OF PLAINTIFFS EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF 附件： 1:Declaration OF KURT RIOS 2:Declaration OF MATTHEW A WERBER IN SUPPORT OF MOTION FOR TRO 3:(Exhibit A to Declaration Of Matthew A Werber In Support Of Motion For TRO) |
| 12/16/2024 | MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O for temporary restraining order PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF |
| 12/16/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion to seal is granted 15. On review of the memorandum in support of joinder 13 and the accompanying exhibits 14, and for the reasons set forth in that memorandum, the Court concludes that joinder is proper for the Defendants on Amended Schedule A. Initial status hearing is set for 2/6/25 at 9:30 a.m. in person in Courtroom 1719. By 1/30/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report. |
| 12/13/2024 | MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O to seal MOTION FOR LEAVE TO FILE UNDER SEAL |
| 12/13/2024 | SEALED DOCUMENT by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O DECLARATION OF MATTHEW A WERBER IN SUPPORT OF PLAINTIFF'S MEMORANDUM REGARDING JOINDER OF DEFENDANTS IN AMENDED SCHEDULE A (Dkt. 13) 附件： 1:(Exhibit 2 product listing printouts) 2:Exhibit 1 comparison chart |
| 12/13/2024 | MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O for joinder PLAINTIFF'S MEMORANDUM REGARDING JOINDER OF DEFENDANTS IN AMENDED SCHEDULE A 附件： 1:(Supplement Unpublished Decision) |
| 12/13/2024 | SEALED EXHIBIT by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O AMENDED SCHEDULE A regarding amended complaint, 11 |
| 12/13/2024 | AMENDED complaint by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O against Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O FIRST AMENDED COMPLAINT 附件： 1:(Exhibit 4 DHS) 2:Exhibit 3 IP Rights 3:Exhibit 2 CBP 4:Exhibit 1 TM Registrations |
| 12/11/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O |
| 12/09/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 12/09/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:(Trademarks) |
| 12/09/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion to seal 4 granted. Upon review of the complaint, the Court sua sponte raises the propriety of joining 98 defendants 3 and multiple trademark registrations 1 in a single action. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 12/13/24, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff should also reference this Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed its joinder -related concerns in cases of this size. In the alternative, plaintiff has leave to file an amended complaint by 12/13/24 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. |
| 12/05/2024 | MOTION by Plaintiffs Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O to seal document exhibit[3] |
| 12/05/2024 | COMPLAINT filed by Wham-O Holding, Ltd., Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-22806685. 附件： 1:Exhibit IP Rights 2:Exhibit CBP 3:Exhibit TM Registrations 4:Exhibit DHS |
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