最近更新：2024-12-25
2024-cv-06219
| 日期 | 描述 |
|---|---|
| 09/27/2024 | SUPPLEMENT to motion for temporary restraining order 11 Plaintiff's Statement in Response to 22 |
| 09/13/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion for an ex parte temporary restraining order 11. Plaintiff argues in its motion that this Court should grant an ex parte temporary restraining order under Rule 65(b) of the Federal Rules of Civil Procedure. Rule 65(b) permits a court to issue a temporary restraining order without notice to the adverse party only if: "(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1)(A)(B) (emphasis added). Plaintiff has presented several facts in its complaint and in affidavits attached to its motion showing it will suffer immediate and irreparable harm unless an ex parte temporary restraining order is issued. (See, e.g., Dkt. 1 726; Dkt. 12 at 89; Dkt. 13; Dkt. 14; Dkt. 15.) But Plaintiff has not certified in writing, nor has it provided any information at all, regarding its efforts to give notice to Defendants. Plaintiff cites to several cases within this District where counterfeiters such as Defendants reduced or transferred funds in their financial accounts upon receipt of a lawsuit to argue that notice should not be required in this action. (Dkt. 12 at 34; Dkt. 13 510.) Anticipating the possibility that something similar will happen in this case, Plaintiff contends it is entitled to an ex parte order. (Id.) This approach is common, if not universal, in so-called "Schedule A" cases involving alleged violations of intellectual property rights; indeed, this Court has allowed many Schedule A plaintiffs to proceed ex parte at the beginning of many similar cases. That a practice has become routine, however, does not compel the conclusion that it is permissible. Plaintiff's asserted reasons for proceeding ex parte may not, standing alone, provide sufficient justification for the Court to enter an ex parte temporary restraining order without the notice contemplated by Rule 65(b)(1). That other defendants in similar cases have attempted to evade liability does not mean that Defendants in this case will too, and in any event, the applicable Rule might not permit Plaintiff's request to proceed ex parte. Accordingly, the Court directs Plaintiff to file a supplemental statement explaining its efforts to give notice to Defendants as required by Rule 65(b)(1)(B), or why that Rule permits entry of an ex parte temporary restraining order when no such efforts are made. Put another way, Plaintiff must provide a more compelling argument, with citation to binding or persuasive authority, that proceeding ex parte in Schedule A cases is allowed. Plaintiff's supplemental statement must not exceed ten pages and must be filed on or before 9/27/2024. Mailed notice. |
| 08/04/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 08/04/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA 附件： 1:((List of Trademarks ex 1)) |
| 07/26/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 07/26/2024 | MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for miscellaneous relief 17 |
| 07/26/2024 | MOTION by Plaintiff Collegiate Licensing Company, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 07/26/2024 | DECLARATION of Sterling Hawkins regarding memorandum in support of motion 12 附件： 1:(Exhibit 1) |
| 07/26/2024 | SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC regarding declaration 14 附件： 1:Exhibit 1-1 2:(Exhibit 1-2) |
| 07/26/2024 | DECLARATION of Lindsay Conn regarding memorandum in support of motion 12 |
| 07/26/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 07/26/2024 | MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for temporary restraining order 11 |
| 07/26/2024 | MOTION by Plaintiff Collegiate Licensing Company, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery |
| 07/23/2024 | 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. |
| 07/23/2024 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
| 07/23/2024 | ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Rachel S Miller |
| 07/23/2024 | ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Allyson M. Martin |
| 07/23/2024 | ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Amy Crout Ziegler |
| 07/23/2024 | ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Justin R. Gaudio |
| 07/23/2024 | Notice of Claims Involving Trademarks by Collegiate Licensing Company, LLC |
| 07/23/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collegiate Licensing Company, LLC |
| 07/23/2024 | CIVIL Cover Sheet |
| 07/23/2024 | MOTION by Plaintiff Collegiate Licensing Company, LLC for leave to file under seal |
| 07/23/2024 | SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Schedule A regarding complaint 1 |
| 07/23/2024 | COMPLAINT filed by Collegiate Licensing Company, LLC; Filing fee $ 405, receipt number AILNDC-22275477. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
