最近更新:2025-01-14
更新

2024-cv-08894

FCA US LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:09/25/2024

法院:伊利诺伊州北区法院

品牌:CHRYSLER 克莱斯勒汽车

律所:GBC

日期 描述
11/22/2024 ORDER TO RELEASE BOND TO PLAINTIFF Signed by the Honorable LaShonda A. Hunt on 11/22/2024. Emailed notice.
11/22/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Release of Bond 50 is granted. Enter release order. Emailed notice.
11/21/2024 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for miscellaneous relief[50] before Honorable LaShonda A. Hunt on 11/26/2024 at 10:00 AM.
11/21/2024 MOTION by Plaintiff FCA US LLC for Release of Bond
11/21/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and Plaintiff's Notice of Dismissal [46], this action is being dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. Emailed notice.
11/21/2024 NOTICE of Correction regarding [47]
11/20/2024 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 12/3/2024. Written discovery requests are to be served by 1/10/2025. The deadline for amending the pleadings and adding parties is 3/15/2025. Fact discovery is to be completed by 5/15/2025. Rule 26(a)(2) disclosures are due 7/1/2025 for plaintiff and 9/1/2025 for defendants. Expert depositions are to be completed by 11/14/2025. The deadline for filing dispositive motions is 12/1/2025, but the Court reserves the right to advance this date if the parties do not disclose experts. The telephonic status hearing set for 11/26/2024 is vacated and reset to 1/31/2025 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 1/24/2025.
11/20/2024 NOTICE of Voluntary Dismissal by FCA US LLC as to trisha rosese and The Individuals And Entities Operating trisha rosese
10/31/2024 NEW PARTIES: trisha rosese added to case caption.
10/31/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 44. Summons were executed on 10/21/24 and Defendants' responses to the complaint are due by 11/11/24 39. By 12/11/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.
10/31/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/31/2024. Emailed notice.
10/31/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 36, which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/30/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 28 29, 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 39 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 Amended Schedule A 26 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.
10/31/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Thomas Joseph Juettner
10/22/2024 CERTIFICATE of Service by Plaintiff FCA US LLC regarding order on motion for preliminary injunction, terminate hearings, set motion and R&R deadlines/hearings, [40]
附件:
1:Exhibit A
10/22/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction [36] is taken under advisement. A telephonic motion hearing is set for 10/31/24, at 9:45 AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection 10/30/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 10/29/24. Emailed notice.
10/21/2024 SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/21/2024, answer due 11/11/2024.
附件:
1:Exhibit A
2:Declaration of Berel Y. Lakovitsky
10/21/2024 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction[36] before Honorable LaShonda A. Hunt on 10/29/2024 at 10:00 AM.
附件:
1:Exhibit A
10/21/2024 MEMORANDUM by FCA US LLC in support of motion for preliminary injunction[36]
附件:
1:Exhibit 1
2:Declaration of Kahlia R. Halpern
10/21/2024 MOTION by Plaintiff FCA US LLC for preliminary injunction
附件:
1:Exhibit A
10/15/2024 CHECK BOND in the amount of $ 1000.00 Rcpt. No: 100011980 posted by FCA US LLC
10/15/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs Motion to Extend the Temporary Restraining Order [31] is granted in part. The TRO is extended to 10/29/24 for the reasons stated in the order granting the initial TRO [28] [29]. No appearance is necessary on 10/17/24. Emailed notice.
10/11/2024 NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time[31] before Honorable LaShonda A. Hunt on 10/17/2024 at 10:00 AM.
10/11/2024 DECLARATION of Kahlia R. Halpern regarding memorandum in support of motion[32]
10/11/2024 MEMORANDUM by FCA US LLC in support of extension of time[31]
10/11/2024 MOTION by Plaintiff FCA US LLC for extension of time of Temporary Restraining Order
10/10/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
10/09/2024 Registry Deposit Information Form by FCA US LLC
10/09/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 10/9/2024. Emailed notice.
10/09/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [13] and Plaintiff's Motion for Electronic Service of Process [18] are granted. 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. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice.
10/08/2024 SEALED EXHIBIT by Plaintiff FCA US LLC Revised Exhibit 2 regarding declaration[16]
10/08/2024 SEALED EXHIBIT by Plaintiff FCA US LLC Amended Schedule A regarding amended complaint[25]
10/08/2024 AMENDED complaint by FCA US LLC against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 4
2:Exhibit 3
3:Exhibit 2
4:Exhibit 1
10/07/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [3] is granted. Schedule A [2] and Exhibit 2 to the Declaration of Thomas H. Hipelius [17] shall remain sealed until further court order. No appearance is necessary on 10/8/24. Emailed notice.
10/07/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 103 Defendants in this single case and seeks ex parte TRO relief against each of them [13]. However, after reviewing the complaint [1] and other filings, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See Fed. R. Civ. P. 20(a)(2); Viking Arm AS v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105 (N.D. Ill. June 6, 2024). By 10/21/24, Plaintiff must either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file under seal an amended schedule A with a subset of Defendants, along with an amended declaration that explains how each of these defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only. The motion for a TRO [13] and motion for electronic service of process [18] are taken under advisement until the joinder issue is resolved. No appearance is necessary on 10/8/24. Emailed notice. Modified on 10/7/2024.
10/01/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[13], motion for miscellaneous relief[18], motion for leave to file[3] before Honorable LaShonda A. Hunt on 10/8/2024 at 10:00 AM.
09/27/2024 MINUTE entry before the Honorable Robert W. Gettleman: Case reassigned to the Honorable Lashonda A. Hunt for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice
09/27/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
附件:
1:Exhibit 2
2:Exhibit 1
09/27/2024 MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief[18]
09/27/2024 MOTION by Plaintiff FCA US LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
09/27/2024 SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-2 regarding declaration[16]
09/27/2024 DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion[14]
附件:
1:Exhibit 1
09/27/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
09/27/2024 MEMORANDUM by FCA US LLC in support of motion for temporary restraining order[13]
09/27/2024 MOTION by Plaintiff FCA US LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
09/26/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
09/26/2024 MAILED Trademark report to Patent Trademark Office, Alexandria VA
09/25/2024 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.
09/25/2024 CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).
09/25/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Berel Yonathan Lakovitsky
09/25/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern
09/25/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler
09/25/2024 ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio
09/25/2024 Notice of Claims Involving Trademarks by FCA US LLC
09/25/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC
09/25/2024 CIVIL Cover Sheet
09/25/2024 MOTION by Plaintiff FCA US LLC for leave to file under seal
09/25/2024 SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint 1
09/25/2024 COMPLAINT filed by FCA US LLC; Filing fee $ 405, receipt number AILNDC-22520255.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

下载文件请联系电话或者加微信

18523047090