最近更新:2025-01-16
更新

2024-cv-10672

Nike, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:10/17/2024

法院:伊利诺伊州北区法院

品牌:Nike

律所:GBC

日期 描述
12/23/2024 MINUTE entry before the Honorable April M. Perry: Plaintiff's notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1) 39 is acknowledged. Civil case terminated. Mailed notice. (jcc,)
11/26/2024 NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant
11/26/2024 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0032: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable April M. Perry; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable April M. Perry; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable April M. Perry'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 April M. Perry 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 April M. Perry to the Court's criminal case assignment system ninety (90) days so that Judge Perry shall thereafter receive a full share of such cases. Case reassigned to the Honorable April M. Perry for all further proceedings. Honorable LaShonda A. Hunt no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 11/26/2024.
11/19/2024 NEW PARTIES: ejc552 and The Individuals and Entities Operating ejc552 added to case caption.
11/19/2024 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 36. Summons were executed on 10/31/24, and Defendants' responses to the complaint were due by 11/21/24 32. By 12/16/24, 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.
11/19/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 11/19/2024. Emailed notice.
11/19/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 28, which the Court now considers unopposed because no Defendant filed a notice of objection by the 11/18/24 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 24 25, 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 32 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 14 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.
11/04/2024 CERTIFICATE of Service by Plaintiff Nike, Inc. regarding order on motion for preliminary injunction, terminate hearings, set motion and R&R deadlines/hearings, 33
附件:
1:(Exhibit A)
11/01/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction [28] is taken under advisement. A telephonic motion hearing is set for 11/19/24, at 9:45AM. 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 by 11/18/24 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 11/5/24. Emailed notice.
10/31/2024 SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/31/2024, answer due 11/21/2024.
附件:
1:Exhibit A
2:Declaration of Berel Y. Lakovitsky
10/31/2024 NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction[28] before Honorable LaShonda A. Hunt on 11/5/2024 at 10:00 AM.
附件:
1:Exhibit A
10/31/2024 DECLARATION of Marcella D. Slay regarding memorandum in support of motion[29]
附件:
1:Exhibit 1
10/31/2024 MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[28]
10/31/2024 MOTION by Plaintiff Nike, Inc. for preliminary injunction
附件:
1:Exhibit A
10/29/2024 Cash Bond in the amount of $ $1,000, cashier's check # 100012500, posted by Nike, Inc.
10/29/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
10/28/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to seal [3] is granted. Plaintiff's Schedule A [2], Amended Schedule A [14], and Exhibit 3 to the Declaration of Joe Pallet [19] shall remain under seal pending further order of the Court. No appearance is necessary of 10/29/24. Emailed notice.
10/23/2024 Registry Deposit Information Form by Nike, Inc.
10/22/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 10/22/2024. Emailed notice.
10/22/2024 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 [15] and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [20] 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 $1,000.00 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice.
10/18/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3], motion for miscellaneous relief[20], motion for temporary restraining order[15] before Honorable LaShonda A. Hunt on 10/29/2024 at 10:00 AM.
10/18/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21]
附件:
1:Exhibit 1
2:Exhibit 2
10/18/2024 MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief[20]
10/18/2024 MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
10/18/2024 SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 regarding declaration[18]
10/18/2024 DECLARATION of Joe Pallett regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
2:Exhibit 2
10/18/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
10/18/2024 MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order[15]
10/18/2024 MOTION by Plaintiff Nike, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
10/18/2024 SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint[13]
10/18/2024 AMENDED complaint by Nike, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
10/17/2024 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.
10/17/2024 CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2).
10/17/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
10/17/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA
10/17/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky
10/17/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay
10/17/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler
10/17/2024 ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio
10/17/2024 Notice of Claims Involving Trademarks by Nike, Inc.
10/17/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.
10/17/2024 CIVIL Cover Sheet
10/17/2024 MOTION by Plaintiff Nike, Inc. for leave to file under seal
10/17/2024 SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1]
10/17/2024 COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number AILNDC-22620688.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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