最近更新:2024-12-25
更新

2022-cv-06350

General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:11/14/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
10/26/2023 FULL SATISFACTION of Judgment regarding order[45] in the amount of $500,000 as to certain defendant
08/10/2023 FULL SATISFACTION of Judgment regarding order[45] in the amount of $500,000 as to certain defendant
02/28/2023 RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0963 1934.
02/16/2023 FULL SATISFACTION of Judgment regarding order 45 in the amount of $500,000 as to certain defendants
02/09/2023 FULL SATISFACTION of Judgment regarding order 45 in the amount of $500,000 as to certain defendants
02/07/2023 MAILED Original ten-thousand-dollar ($ 10,000) Surety bond posted by General Motors LLC's counsel of record Justin R. Gaudio, Greer Burns Crain Ltd. 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail # 7019 2280 0000 0963 1934.
02/02/2023 FULL SATISFACTION of Judgment regarding order 45 in the amount of $500,000 as to certain defendants
01/31/2023 DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 1/31/2023. Mailed notice
01/31/2023 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [40]. The motion [40] is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 1/31/2023. Mailed notice
01/23/2023 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 40 must enter an appearance and file a written objection by 1/30/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
01/20/2023 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41]
附件:
1:Exhibit 1
01/20/2023 MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment[40]
附件:
1:Exhibit 1
01/20/2023 MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants
附件:
1:Exhibit A
01/06/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 37 is granted. Defendant No. 58 XiaoChenShangMao is dismissed.
01/05/2023 AMENDED exhibit[2] Amended Schedule A
01/05/2023 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint Instanter
01/05/2023 NEW PARTIES: Car Decorative Accessories Store, Donghui stickers Store, HAI YANG Store, LINZHEN001 Store, MINIYT Store, My car home Store, OKLEDLIGHTS Store, One Road Change Car Cargo Cover Store, Red-Rose Mobile Phone Accessories Store, Shop1100009051 Store, Shop1102185610 Store, Shop1102249549 Store, Shop1102272323 Store, Shop912625587 Store, aliso, BINBINSHANGHANG, Changsha Yunzhan Trading Co., Ltd., changzhisuxinshangmaoyoungongsi, chenxingsdrhg, Da Longgong, DL-AP, fan'fan'chun'dian, gaojihuiccc, Guiying, haikoulonghuaqianqishangmaozhongxin, haikoushiyanlinyushangmaoshanghanggerenduzi, haikoushiyuxilinshangmaoshanghanggerenduzi, haikouxishuangshangmaoyouxiangongsi, HFGSN, HUANGJING, huyueqianli, jiajiazhoujinping, kanghuabin, kunmingchunchanshangmaoyouxianzerengongsi, kunmingkunlishangmaoyouxianzerengongsi, kunmingqianpangshangmaoyouxiangongsi, kunmingzhengyongzedianzishangwuyouxiangongsi, KYGAA, LIBAOBAO, LiiL, LinJunZhangJunNanShangMao, linlonghuixiabb, linxinyouxuanmao, luoyaodedian, MAOZHUANG&US, mingyijingping, qiqerqianchangdianzishangwuyouxiangongsi, rewfdmjuko, RIXIAN, ruichangshiyuanxieerbaihuoshanghang, songyuanshizhixinwangluokejiyouxiangongsi54, TB-ACC, TONGTIANX, TPKLOMP, wanghaoyu222, XiaoChenShangMao, XMSLLXG, xuchangguijinshangmaoyouxianzerengongsi, xuexia han, YIJU Lcc, YINGZHUO SHANGMAO, Yongchun Huixin, yulinbinqiudianpu, yuyuzhiwudian, Zootok u.s., 3296095, airtionbhyt9, auto-parts-shop-01, auto-parts-shop-04, bght1170, cai_4408, cindy-12512, dechenxidianzi, denghai, dongrunlong7340, guobenxun, he25952-64, hongjun-35, huangyuhao6093, hukemu19, huweigongsi, kyautostore, ledlights-1, lihuihui-5, maisuitech, meng_8445, okaybulb, oldda003, qq-autolights, surefa.yang, u0aa22_87, wellline_trade, xiancheng2, yangan, yu12_41, zhang8146, zouzhicai, ASHAMX1, bengbukaikaidianzishangwuyouxiangongsi, haikoushilouqiqinwangluokejiyouxiangongsi, XingJian LLC, adilanaimaidi Store, albertoshopping, BogusixiekL, Charlesj87, chendongying12345, Daggi, Dkj943pndig, ehunyany, Elegant Creations Inc, heplpdqdf, High quality auto parts 2009, Joanne Lemley, kerandezhanghao, Liusanmei720905, llhmykj, lucy trendy, LUGKY, Nathan Fernandes, osienuiyfjer, sahdkafhjfdad, sdjadhajwhgefqjuwuq, sunkanmming0518, T2XIQRL2D, wangruiting875465, wangyshop, XIU888, XJWSHOP, XuShuZhi, xuzhiqiang84105, YangShaoXiao and zhangwenhui83552 added to case caption.
01/03/2023 ORDER: The Clerk of Court is directed to unseal Schedule A to the Complaint [2], Exhibit 2 to the Declaration of Andrea Ankawi [16], and the TRO [21]. Signed by the Honorable Martha M. Pacold on 1/3/2023. Mailed notice
01/03/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/3/2023:
01/03/2023 MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [26] is granted. Enter Preliminary Injunction. The Clerk of Court is directed to unseal Schedule A to the Complaint [2], Exhibit 2 to the Declaration of Andrea Ankawi [16], and the TRO [21]. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so are located on the court's website at www.ilnd.uscourts.gov/instructions.
12/29/2022 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.
12/23/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 30 is granted. Defendants No. 16 AR AUTO STORE, No. 56 Vzxcera, No. 78 fnewyizhi22, and No. 91 oldda002 are dismissed.
12/22/2022 AMENDED exhibit[2] Amended Schedule A
12/22/2022 MOTION by Plaintiff General Motors LLCfor Leave to Amend Schedule A to the Complaint Instanter
12/19/2022 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [26] under advisement and will consider the motion unopposed if no defendant appears and objects by 12/30/2022. Plaintiff shall serve defendants with this notice.
12/16/2022 SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/16/2022, answer due 1/6/2023.
附件:
1:Declaration of Rachel S. Miller
2:(Exhibit A)
12/16/2022 MEMORANDUM by General Motors LLC in support of motion for preliminary injunction 26
附件:
1:Declaration of Jake M. Christensen
2:(Exhibit 1)
12/16/2022 MOTION by Plaintiff General Motors LLC for preliminary injunction
附件:
1:(Exhibit A)
12/05/2022 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 23 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from moving any assets from accounts in U.S.-based financial institutions to offshore accounts. The court's TRO 21 entered on 11/23/2022 is extended until 12/21/2022.
12/02/2022 MEMORANDUM by General Motors LLC in support of extension of time 23
附件:
1:(Declaration of Jake M. Christensen)
12/02/2022 MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order
11/30/2022 SURETY BOND in the amount of $ 10,000.00 posted by General Motors LLC. (Document not imaged)
11/28/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
11/23/2022 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/23/2022:
11/23/2022 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for leave to file under seal 3 is granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 12 and motion for electronic service of process 17 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
11/21/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]
附件:
1:Exhibit 1
2:Exhibit 2
11/21/2022 MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief[17]
11/21/2022 MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
11/21/2022 SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 6 regarding declaration[15]
11/21/2022 DECLARATION of Andrea Ankawi regarding memorandum in support of motion[13]
附件:
1:Exhibit 1
11/21/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
11/21/2022 MEMORANDUM by General Motors LLC in support of motion for temporary restraining order[12]
11/21/2022 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
11/16/2022 MAILED trademark report to Patent Trademark Office, Alexandria VA.
附件:
1:(Trademarks)
11/14/2022 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. (jk2,)
11/14/2022 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jk2,)
11/14/2022 ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller
11/14/2022 ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen
11/14/2022 ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler
11/14/2022 ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio
11/14/2022 Notice of Claims Involving Trademarks by General Motors LLC
11/14/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC
11/14/2022 CIVIL Cover Sheet
11/14/2022 MOTION by Plaintiff General Motors LLC for leave to file under seal
11/14/2022 SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint[1]
11/14/2022 COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-20042983.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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