最近更新：2024-12-25
2024-cv-03731
| 日期 | 描述 |
|---|---|
| 08/05/2024 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 8/5/2024. Mailed notice |
| 08/05/2024 | MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 32 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 and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 36 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 8/13/2024 is stricken. The ten-thousand-dollar ($10,000.00 USD) bond posted by Plaintiff, including any applicable or earned interest, is hereby released to Plaintiff's counsel: Boies Schiller Flexner LLP. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to: Boies Schiller Flexner LLP, 44 Montgomery Street, 41st Floor, San Francisco, California 94104. Enter separate Final Judgment Order. Civil case terminated. Mailed notice |
| 07/26/2024 | AFFIDAVIT of Service filed by Plaintiff Goorin Bros., Inc. regarding Court Order dated July 26, 2024 [DE 36] served on Defendants on July 26, 2024 |
| 07/26/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 32 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 8/2/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/2/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 8/13/2024 at 9:15 a.m. Telephone status hearing set for 8/1/2024 is stricken. Mailed notice |
| 07/23/2024 | DECLARATION of Breana Sicley regarding motion for default judgment 32 附件： 1:Exhibit A 2:Exhibit B 3:(Exhibit C) |
| 07/23/2024 | MEMORANDUM by Goorin Bros., Inc. in support of motion for default judgment 32 |
| 07/23/2024 | MOTION by Plaintiff Goorin Bros., Inc. for default judgment as to the Defaulting Defendants identified on Second Amended Schedule A |
| 06/27/2024 | NOTICE of Voluntary Dismissal by Goorin Bros., Inc. of Defendant No. 8 (Trenz Shirt Company) |
| 06/18/2024 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 6/18/2024. Mailed notice |
| 06/18/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 26 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 28 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on First Amended Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal Plaintiff's First Amended Schedule A to the Complaint [Doc. No. 17], Exhibit 2 to the Declaration of Chris Gibbins [Doc. No. 13], and the TRO [Doc. No. 20]. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 6/20/2024 is stricken. Summons were issued on 5/31/2024, and Defendants' responses to the complaint are due by 7/5/2024. Plaintiff should file any motion for entry of default and default judgment by 7/26/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 8/1/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 06/13/2024 | MOTION by Plaintiff Goorin Bros., Inc. for preliminary injunction |
| 06/12/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's second ex parte motion 23 to extend the temporary restraining order and briefing schedule seeks to extend the sealed TRO entered on 5/23/2024 to maintain the status quo by an addition period of 13 days until 7/3/2024. Rule 65 dictates that a temporary restraining order cannot exceed 14 days, although the court may extend it "for a like period" for good cause. Fed. R. Civ. P. 65(b)(2). On 5/31/2024, this Court extended the TRO an additional 14 days until 6/20/2024. Doc. 22. Plaintiff's current request exceeds the maximum 28-day limit for a TRO. If a TRO extension exceeds the maximum duration for a TRO under Rule 65(b), the extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). A preliminary injunction requires notification to the opposing party. See Fed. R. Civ. 65(a)(1) (a "court may issue a preliminary injunction only on notice to the adverse party."). Because plaintiff did not provide the defendants identified in Amended Schedule A with notice of its intent to seek a preliminary injunction, plaintiff's motion to extend the TRO 23 is denied. Plaintiff's request to extend the 6/13/2024 deadline for filing a preliminary injunction motion is granted. Plaintiff shall file a preliminary injunction motion if appropriate no later than 6/14/2024 at 12 p.m. CDT. Mailed notice |
| 05/31/2024 | Civil Bond BOND in the amount of $ 10,000 company check, receipt no. 100006787 posted by Goorin Bros., Inc. |
| 05/31/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 21 is granted. For the reasons stated in Plaintiff's Memorandum [21-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 6/20/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 6/13/2024. Telephone status hearing set for 6/6/2024 is stricken and reset to 6/20/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 05/23/2024 | SEALED ORDER GRANTING PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 5/23/2024. Mailed notice |
| 05/23/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Enter Sealed Temporary Restraining Order at 3:15 p.m. on 5/23/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/30/2024. Telephone status hearing is set for 6/6/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 05/22/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a First Amended Complaint [16, 17] with a smaller subset of defendants as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 10 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's motion for leave to file under seal 8, ex parte motion for a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant internet stores, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 9, and motion to exceed page limitation 10 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. By 5/24/2024, plaintiff shall submit the proposed TRO to the Court's proposed order inbox for entry. Counsel should also be aware that Judge Harjani presumptively requires a bond of $1,000 per defendant. Plaintiff should inform the Court of any circumstances that make such a bond inappropriate. Mailed notice |
| 05/21/2024 | First AMENDED complaint by Goorin Bros., Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint 附件： 1:Composite Exhibit 1 2:Schedule A 3:Redline Amended Complaint |
| 05/08/2024 | 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. |
| 05/08/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). |
| 05/07/2024 | CIVIL Cover Sheet |
| 05/07/2024 | SEALED DOCUMENT by Plaintiff Goorin Bros., Inc. - Exhibit 2 to Declaration of Chris Gibbins (Part 1 of 11) 附件： 1:Exhibit 2 (Part 2 of 11) 2:Exhibit 2 (Part 3 of 11) 3:Exhibit 2 (Part 4 of 11) 4:Exhibit 2 (Part 5 of 11) 5:Exhibit 2 (Part 6 of 11) 6:Exhibit 2 (Part 7 of 11) 7:Exhibit 2 (Part 8 of 11) 8:Exhibit 2 (Part 9 of 11) 9:Exhibit 2 (Part 10 of 11) 10:(Exhibit 2 (Part 11 of 11)) |
| 05/07/2024 | DECLARATION of Chris Gibbins in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order 附件： 1:(Composite Exhibit 1) |
| 05/07/2024 | DECLARATION of Breana Sicley in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order 附件： 1:Exhibit 1 - Jan 2011 MarkMonitor 2:Exhibit 2 - IP Rights Seizure Statistics 3:Exhibit 3 - BASCAP Report 4:Exhibit 4 - 2013 Registrar Agreement 5:Exhibit 5 - Hague Convention of Service Abroad 6:(Exhibit 6 - Translation of Civil Procedure Law of the People of China) |
| 05/07/2024 | MOTION by Plaintiff Goorin Bros., Inc. for leave to file excess pages re Plaintiff's Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order 附件： 1:(Exhibit A - Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order) |
| 05/07/2024 | CLAIM - AO 121 Form (Copyrights) by Goorin Bros., Inc. 附件： 1:(Exhibit A to Form AO 121 (Copyrights)) |
| 05/07/2024 | CLAIM - AO 120 Form (Trademarks) by Goorin Bros., Inc. 附件： 1:(Exhibit A to Form AO 120) |
| 05/07/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Goorin Bros., Inc. |
| 05/07/2024 | SEALED DOCUMENT by Plaintiff Goorin Bros., Inc. - Schedule A |
| 05/07/2024 | ATTORNEY Appearance for Plaintiff Goorin Bros., Inc. by Breana Sharlynn Sicley |
| 05/07/2024 | CIVIL Cover Sheet |
| 05/07/2024 | COMPLAINT filed by Goorin Bros., Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21942023. 附件： 1:Composite Exhibit 1 2:(Schedule A) |
