最近更新：2024-12-25
2024-cv-01137
| 日期 | 描述 |
|---|---|
| 07/24/2024 | ENTERED JUDGMENT on 7/24/2024. Emailed notice |
| 07/24/2024 | MINUTE entry before the Honorable Robert W. Gettleman: On 6/24/2024 17, Plaintiff was ordered to file an amended complaint and Schedule A of defendants who are properly joined based on the standards outlined in Estee Lauder and Art Ask Agency by 7/22/2024. Plaintiff has failed to file an amended complaint or a motion seeking to extend the time to file an amended complaint. Accordingly, this case is dismissed without prejudice for want of prosecution. Civil case terminated. Emailed notice |
| 07/10/2024 | EXECUTIVE COMMITTEE ORDER: The Honorable Nancy L. Maldonado has been confirmed for a seat on the Court of Appeals for the Seventh Circuit. It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Robert W. Gettleman for all further proceedings. Honorable Nancy L. Maldonado no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 7/10/2024. |
| 06/24/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's joinder memorandum [ 6], its Amended Schedule A listing 243 defendants 13, and its accompanying screenshot evidence which spans nearly 900 pages 15. This Court follows the reasoning outlined in decisions such as Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) and Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, and Unincorporated Ass'ns Identified on Schedule "A," 21-CV-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021), in which courts rejected the joinder of numerous defendants in similar counterfeit products cases. In short, well-established case law in this District, supported by authority from the Federal Circuit, holds that the mere fact that multiple defendants are alleged to have infringed the same copyright, trademark, or patent, does not support joinder of those defendants in the same action. See Estee Lauder, 334 F.R.D. at 187 (collecting cases). While the Court acknowledges the liberal notice pleading standards, the Court finds that Plaintiff has not shown that each and every one of the 243 listed defendants is properly joined in this case under Fed. R. Civ. P. 20(a)(2). Specifically, Plaintiff's evidence shows that several of the Defendants sell different items from each other (for example, a single comb versus shaving kits that include the comb at issue), at different prices, and using different product descriptions and photos. See Estee Lauder, 334 F.R.D. at 188 (nothing that certain defendants did not use the same product images, descriptions, or similar pricing). The Court also cannot conclude that joinder of all 243 defendants would promote judicial economy, but rather shifts burdens to the judiciary and away from plaintiff. See Art Ask Agency, 2021 WL 5493226, at *3. Therefore, by 7/22/24, Plaintiff must file an amended complaint and Schedule A of defendants who are properly joined based on the standards outlined in Estee Lauder and Art Ask Agency. If Plaintiff seeks to name more than one defendant, the amended complaint must be accompanied by another memorandum explaining the propriety of joinder of the multiple defendants under the reasoning of Estee Lauder and Art Ask Agency. For these reasons, Plaintiff's motion for entry of a temporary restraining order 8 is denied. |
| 03/11/2024 | MEMORANDUM by Brunett & Esnard IP, LLC in support of motion for temporary restraining order 8 |
| 03/11/2024 | SEALED DOCUMENT by Plaintiff Brunett & Esnard IP, LLC Exhibit 2 to Declaration of Kevin Keener- part 1 of 6 附件： 1:Exhibit 2- part 2 of 6 2:Exhibit 2- part 3 of 6 3:Exhibit 2- part 4 of 6 4:Exhibit 2- part 5 of 6 5:Exhibit 2- part 6 of 6 6:(Exhibit 3 to Declaration of Kevin Keener) |
| 03/11/2024 | DECLARATION of Kevin Keener regarding motion for temporary restraining order 8 附件： 1:(Exhibit 2 and 3 under seal) |
| 03/11/2024 | SEALED DOCUMENT by Plaintiff Brunett & Esnard IP, LLC Amended Schedule A |
| 02/12/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file under seal 6 and motion for leave to file excess pages for Plaintiff's memorandum in support of its temporary restraining order 7 are granted. Plaintiff's current Schedule A lists 438 defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder of all 438 defendants by 03/11/24. By the same deadline, Plaintiff may file an amended complaint with a subset of the defendants along with a memo explaining why joinder of those defendants is proper. In the event that Plaintiff files an amended Schedule A with a subset of the defendants, Plaintiff should file only screenshots relevant to defendants on the amended Schedule A. |
| 02/12/2024 | MAILED patent report to Patent Trademark Office, Alexandria VA. |
| 02/11/2024 | MOTION by Plaintiff Brunett & Esnard IP, LLC for temporary restraining order asset restraining order, expedited discovery order, and service of process by email |
| 02/11/2024 | MOTION by Plaintiff Brunett & Esnard IP, LLC for leave to file excess pages for Plaintiff's Memorandum in Support for TRO |
| 02/11/2024 | MOTION by Plaintiff Brunett & Esnard IP, LLC to seal document sealed document[4] and exhibits to Declaration of Kevin Keener |
| 02/09/2024 | COMPLAINT filed by Brunett & Esnard IP, LLC; Filing fee $ 405, receipt number AILNDC-21623196. 附件： 1:Exhibit 1 2:Exhibit 2 and 3 under seal |
