最近更新:2024-12-25
更新

2023-cv-00512

Art Ask Agency v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:01/27/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
11/13/2023 FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 11/13/23. Emailed notice.
11/13/2023 MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 40 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 marks 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 Final Judgment Order. Civil case terminated. Emailed notice.
10/24/2023 CERTIFICATE of Service by Plaintiff Art Ask Agency Proof of Service
10/23/2023 MINUTE entry before the Honorable LaShonda A. Hunt: The Proof of Service filed 9/29/23 by Plaintiff 47 states that the Court's 9/27/23 minute order 46 was served "on July 5, 2023," by email. (Dkt. No. 47 ¶ 4). Although the reference to a service date preceding entry of the order is likely the result of careless drafting, the error raises concerns about whether defendants received adequate notice of the order. Accordingly, the deadline to file objections to the motion for entry of default judgment 40 is extended to 11/7/23. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve both the prior minute order 46 and this minute order upon all remaining Defendants within one business day of this order's entry on the docket and must promptly file proof of that service. Emailed notice.
09/29/2023 CERTIFICATE of Service by Plaintiff Art Ask Agency Proof of Service
09/27/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion 40 for entry of default and default judgment against the defendants identified in the Amended Schedule A 45. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 10/11/23. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Emailed notice.
09/26/2023 by Art Ask Agency Amended Schedule A
09/25/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Entry of Default and Default Judgment 40 references an Amended Schedule A that is not attached to the motion. Plaintiff is ordered to file the Amended Schedule A by 9/27/23. Going forward, Plaintiff should ensure that the relevant list of affected Schedule A defendants is filed on the docket with the default motion, and not just emailed to the Court as an attachment to the proposed default/default judgment order. However, if the Amended Schedule A is filed elsewhere on the docket, then Plaintiff can simply reference that docket number in the motion without reattaching the document. Emailed notice.
09/22/2023 STATUS Report by Art Ask Agency
09/22/2023 DECLARATION of Michael A. Hierl regarding motion for default judgment 40
附件:
1:(Exhibit Hierl Exhibit 1)
09/22/2023 MEMORANDUM by Art Ask Agency in support of motion for default judgment 40
附件:
1:Exhibit 1
2:(Exhibit 2)
09/22/2023 MOTION by Plaintiff Art Ask Agency for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
09/22/2023 DECLARATION of Robert P. McMurray Declaration of Service
09/21/2023 SUMMONS Returned Executed by Art Ask Agency as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/27/2023, answer due 5/18/2023.
08/17/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic status hearing set for 8/22/23 is stricken. Emailed notice.
08/17/2023 MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed plaintiff's initial status report 35 indicating that all defendants have been served but none have appeared in the case. Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a) by 9/22/23. Plaintiff is further ordered to file by the same date a status report identifying those defendants against whom this case is proceeding, either with an anticipated settlement agreement or litigation. Emailed notice.
08/16/2023 STATUS Report Initial Status Report by Art Ask Agency
07/31/2023 MINUTE entry before the Honorable LaShonda A. Hunt: This case has been reassigned to the calendar of Judge Hunt. The parties are ordered to file a Joint Initial Status Report for Reassigned Case by 8/15/23. A template for the report can be found on Judge Hunt's webpage on the Court's website under "New and Reassigned Cases." A telephonic status hearing is set for 8/22/23 at 10:15 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice.
06/02/2023 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.
05/02/2023 PRELIMINARY Injunction Order signed by the Honorable Manish S. Shah on 5/2/2023. Mailed notice
05/02/2023 MINUTE entry before the Honorable Manish S. Shah. Motion hearing held on 5/2/2023. Plaintiffs' Motion for Preliminary Injunction 27 is granted. No defendants appeared at the hearing to object. Enter Preliminary Injunction. Mailed notice
04/27/2023 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (jk2,)
04/27/2023 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 27 before Honorable Manish S. Shah on 5/2/2023 at 09:45 AM.
04/27/2023 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 27
04/27/2023 MEMORANDUM by Art Ask Agency in support of motion for preliminary injunction 27
04/27/2023 MOTION by Plaintiff Art Ask Agency for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
04/17/2023 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 24 is granted. The TRO is extended to 5/2/23. No appearance on 4/18/23 is necessary. Notices mailed.
04/13/2023 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 24 before Honorable Manish S. Shah on 4/18/2023 at 09:45 AM.
04/13/2023 MOTION by Plaintiff Art Ask Agency for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
04/10/2023 SURETY BOND in the amount of $ 10,000 posted by Art Ask Agency. (Document not scanned.)
04/04/2023 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 4/4/2023. Notices mailed.
04/04/2023 MINUTE entry before the Honorable Manish S. Shah: Motion to seal document 6 is granted MOTION by Plaintiff Art Ask Agency to Plaintiff's ex parte motion to seal, and motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process 6 12 15 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. The court notes that plaintiff's evidence relates to one copyrighted work and the TRO is limited to infringement of that work. Notices mailed.
03/31/2023 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 15 before Honorable Manish S. Shah on 4/6/2023 at 09:45 AM.
03/31/2023 SEALED DOCUMENT by Plaintiff Art Ask Agency Exhibit 2 of Strid Declaration
03/31/2023 DECLARATION of m regarding memorandum in support of motion 16
附件:
1:Exhibit Hierl Exhibit 1
2:Exhibit Hierl Exhibit 2
3:(Exhibit Hierl Exhibit 3)
03/31/2023 DECLARATION of Strid Declaration regarding memorandum in support of motion 16
附件:
1:(Exhibit Group Exhibit 1)
03/31/2023 MEMORANDUM by Art Ask Agency in support of motion for temporary restraining order, 15
03/31/2023 MOTION by Plaintiff Art Ask Agency for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
03/31/2023 SEALED DOCUMENT by Plaintiff Art Ask Agency Amended Schedule A
03/31/2023 AMENDED complaint by Art Ask Agency against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Exhibit Group Exhibit 1)
03/31/2023 MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal
03/27/2023 MINUTE entry before the Honorable Manish S. Shah: Plaintiff filed a motion to seal and represented that it was seeking temporary ex parte relief. But no ex parte motion for a TRO was filed. Plaintiff did not comply with this court's procedures for noticing motions for presentment. If plaintiff does not file and notice for presentment a motion for a TRO with supporting materials by 3/31/23, this case will be closed for want of prosecution. Notices mailed.
01/30/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
01/30/2023 MAILED Trademark Request Letter to Plaintiff's counsel Michael A. Hierl
01/27/2023 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.
01/27/2023 CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment.
01/27/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Art Ask Agency
01/27/2023 SEALED DOCUMENT by Plaintiff Art Ask Agency Sealed Schedule A
01/27/2023 MOTION by Plaintiff Art Ask Agency to seal document Plaintiff's Motion for Leave to File Under Seal
01/27/2023 ATTORNEY Appearance for Plaintiff Art Ask Agency by Robert Payton Mcmurray
01/27/2023 ATTORNEY Appearance for Plaintiff Art Ask Agency by William Benjamin Kalbac
01/27/2023 ATTORNEY Appearance for Plaintiff Art Ask Agency by Michael A. Hierl
01/27/2023 CIVIL Cover Sheet
01/27/2023 COMPLAINT filed by Art Ask Agency; Jury Demand. Filing fee $ 402, receipt number AILNDC-20288362.
附件:
1:(Exhibit Group Exhibit 1)

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