2025-cv-00727
日期 | 描述 |
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02/28/2025 | MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal [32], under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice with each party to bear its own costs and fees. Status hearing set for 03/21/2025 is vacated. Civil case terminated. Emailed notice |
02/27/2025 | NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant |
02/14/2025 | NEW PARTIES: Dyoart added to case caption. |
02/13/2025 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction [27] is granted. Given the answer deadline of 02/28/2025, the tracking status hearing of 02/14/2025 is reset to 03/21/2025 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 03/12/2025. If the Defendants have not answered by the answer deadline, then they shall be deemed to be in default, and the Plaintiff shall file a default judgment motion by 03/12/2025 instead. Emailed notice |
02/07/2025 | SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/7/2025, answer due 2/28/2025. 附件: 1:Declaration of Y. Jeffrey Tsai 2:(Exhibit A)(Tsai, Yu Hin) |
02/07/2025 | NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 27 before Honorable Edmond E. Chang on 2/14/2025 at 08:30 AM. 附件: 1:(Exhibit A) |
02/07/2025 | MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction 27 附件: 1:(Declaration of Marcella D. Slay) |
02/07/2025 | MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction 附件: 1:(Exhibit A) |
01/31/2025 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
01/29/2025 | DECLARATION of Justin R. Gaudio |
01/29/2025 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/29/2025. Emailed notice |
01/29/2025 | MINUTE entry before the Honorable Edmond E. Chang: In future cases of this kind, after the Plaintiff narrows the complaint to a subset of defendants (or a single defendant), the Plaintiff's amended complaint and brief in support of the various motions shall set forth only the trademark (or trademarks) that are alleged to be infringed by the subset of defendants. Having said that, the Plaintiff's motion [15] 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 02/05/2025, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendant and omitting Amended Schedule A). The Plaintiff's motion [20] for electronic service of process is granted for good cause. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/14/2025 at 8:30 a.m. The Plaintiff shall file, if appropriate, the TRO extension motion (or a preliminary injunction motion) no later than 02/07/2025. Emailed notice |
01/23/2025 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[20], motion for leave to file[3], motion for temporary restraining order[15] before Honorable Edmond E. Chang on 1/30/2025 at 08:30 AM. |
01/23/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21] |
01/23/2025 | MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief[20] |
01/23/2025 | MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
01/23/2025 | SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 2 regarding declaration[18] |
01/23/2025 | DECLARATION of Adraea M. Brown regarding memorandum in support of motion[16] 附件: 1:Exhibit 1 |
01/23/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] |
01/23/2025 | MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for temporary restraining order[15] |
01/23/2025 | MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
01/23/2025 | SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Amended Schedule A regarding amended complaint[13] |
01/23/2025 | AMENDED complaint by Harley-Davidson Motor Company, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A 附件: 1:Exhibit 1 |
01/23/2025 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
01/23/2025 | MAILED trademark report to Patent Trademark Office, Alexandria VA. |
01/22/2025 | 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. |
01/22/2025 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). |
01/22/2025 | ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Yu Hin Jeffrey Tsai (Tsai, Yu Hin) |
01/22/2025 | ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay |
01/22/2025 | ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler |
01/22/2025 | ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio |
01/22/2025 | Notice of Claims Involving Trademarks by Harley-Davidson Motor Company, Inc. |
01/22/2025 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc. |
01/22/2025 | CIVIL Cover Sheet |
01/22/2025 | MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under seal |
01/22/2025 | SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1] |
01/22/2025 | COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-22980296. 附件: 1:Exhibit 1 |
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