最近更新：2025-01-19
2024-cv-10919
| 日期 | 描述 |
|---|---|
| 01/17/2025 | MOTION by Defendant Hoobuy for extension of time to file answer regarding complaint[1] (UNOPPOSED) |
| 01/17/2025 | ATTORNEY Appearance for Defendant Hoobuy by Christopher Paul Keleher |
| 01/17/2025 | NOTICE of Voluntary Dismissal by Sega Corporation, Sega of America, Inc. as to certain Defendants |
| 01/10/2025 | NOTICE of Voluntary Dismissal by Sega Corporation, Sega of America, Inc. as to a certain defendant |
| 01/08/2025 | NOTICE of Voluntary Dismissal by Sega Corporation, Sega of America, Inc. as to a certain defendant |
| 01/03/2025 | CERTIFICATE of Service by Alexander Whang on behalf of Sega Corporation, Sega of America, Inc. 附件： 1:Exhibit A |
| 01/02/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for entry of a preliminary injunction [33]. The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by 01/13/2025. Plaintiff is directed to file a status report on 01/14/2025 as to whether the preliminary injunction is opposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must file proof of that service within two business days after service. Mailed notice. |
| 12/27/2024 | 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
| 12/27/2024 | NOTICE of Voluntary Dismissal by Sega Corporation, Sega of America, Inc. as to a certain defendant |
| 12/24/2024 | MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for preliminary injunction[33] 附件： 1:Exhibit 1 2:Declaration of Martin F. Trainor |
| 12/24/2024 | MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for preliminary injunction 附件： 1:Exhibit A |
| 12/24/2024 | SUMMONS Returned Executed by Sega Corporation, Sega of America, Inc. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 12/24/2024, answer due 1/14/2025. 附件： 1:Exhibit A 2:Declaration of Sydney Fenton |
| 12/24/2024 | NOTICE of Voluntary Dismissal by Sega Corporation, Sega of America, Inc. as to certain Defendants |
| 12/17/2024 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Motion to Extend the Temporary Restraining Order [26]. The Temporary Restraining Order [25] shall now expire on 12/30/2024 at 6:00 PM. Mailed notice. |
| 12/02/2024 | SURETY BOND in the amount of $ 198,000.00 posted by Sega Corporation, Sega of America, Inc. |
| 12/11/2024 | NOTICE of Voluntary Dismissal by Sega Corporation, Sega of America, Inc. as to a certain defendant |
| 12/11/2024 | MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for miscellaneous relief[26] 附件： 1:Declaration of Martin F. Trainor |
| 12/11/2024 | MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. to Extend the Temporary Restraining Order |
| 12/03/2024 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 11/22/2024 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions and as detailed in the accompanying Order, the Court grants Plaintiff's motion for a temporary restraining order [12], and motion for electronic service of process [16]. Provided that Plaintiff provides the security described in paragraph 11 of the temporary restraining order, the temporary restraining order shall become effective on 12/2/2024 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are 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. Mailed notice. |
| 11/22/2024 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiffs' motion for reconsideration of this Court's order R. 20 [21]. "Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Caisse Nationale de Credit Agricole v. CBI Indus., Inc., 90 F.3d 1264, 1269 (7th Cir. 1996). And the "[d]isposition of a motion for reconsideration is left to the discretion of the district court." Id. at 1270 (7th Cir. 1996); see also Gordon v. Caribbean Cruise Line, Inc., 2020 WL 13506297, at *1 (N.D. Ill. Jan. 22, 2020) ("District courts enjoy broad discretion to entertain motions to reconsider prior decisions."). As a threshold issue, the Court must determine whether Plaintiffs have identified newly discovered evidence or a manifest error of law or fact within the Court's order. R. [20], Order. Plaintiffs argue that the Court should reconsider its prior order denying Plaintiffs' motion to seal and for an asset restraint because the Court is authorized to order an asset restraint, and because Plaintiffs are seeking equitable relief in the disgorgement of Defendants' profits. Mot. at 3-4. Plaintiffs cite other courts in this judicial district that have granted asset restraints in Schedule A cases. Id. at 5. Plaintiffs also argue that the Court has authority to transfer funds that are restrained post-judgment, even if Plaintiffs have not yet decided on damages. Id. at 5-6. In the alternative, Plaintiffs ask the Court to authorize an asset restraint limited to the assets attributable to Defendants' infringing conduct. Id. at 9. Plaintiffs do not purport to submit newly discovered evidence as a basis for reconsideration. Thus, the Court understands Plaintiffs' argument to be that the Court's decision denying the motion to seal and asset restraint was a manifest error of law or fact. As the Court stated in its Order, in its experience with myriad Schedule A cases, although Plaintiffs almost always request equitable relief as a possible remedy, in almost every Schedule A case, Plaintiffs end up requesting statutory damages at the end of the case. Order at 4-5. But Plaintiffs have done enough, if barely, in their motion to reconsider to convince the Court that, because Plaintiffs do seek an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), an asset freeze is warranted here. See, e.g., Deckers Outdoor Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, 2013 WL 12314399, at *2 (N.D. Ill. Oct. 31, 2013). As the Deckers court noted, "where equitable relief is sought, the appropriate scope of prejudgment restraint must be limited only to what is reasonably necessary to secure the (future) equitable relief"here, that would be the amount of Defendants' profits resulting from its alleged counterfeit sales. Id. Since Defendants have not yet appeared, Plaintiffs necessarily have no discovery, so it is difficult, if not impossible, for Plaintiffs to know Defendants' profits. Therefore, the Court will adopt Plaintiffs' alternative proposal in the TRO to "restrain and enjoin any such accounts or funds from transferring or disposing of any of Defendants' assets traceable to the proceeds of the sales of products using the Sega Trademarks and/or Sega Copyrighted Works, until further ordered by this Court. Upon a showing that restrained assets are not attributable to the sale of products using the Sega Trademarks and/or Sega Copyrighted Works, the Court will modify the asset restraint." Mot. at 10. However, the Court acknowledges that, at this stage without the benefit of discovery, the restraint will functionally be a complete asset restraint. To the extent that the restraint is overly broad, any defendants may file challenges to the scope of the TRO by submitting evidence that some or all of the money has other sources. However, at a later stage, if and when Plaintiffs have had an opportunity to conduct discovery and determine any appeared Defendants' profits, the Court will determine whether an asset freeze remains appropriate. See, e.g., Nirvana, L.L.C. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2022 WL 22886568, at *2 n.2 (N.D. Ill. Mar. 1, 2022). Accordingly, for the foregoing reasons, the Court grants in part Plaintiffs' motion to reconsider [20] and will grant a limited asset restraint as described above, and grants the motion for leave to file certain documents under seal [3]. The TRO will be entered as a separate Order. The Court terminates Plaintiffs' motion for extension of time to comply with the Court's Order [22] as moot. Mailed notice. |
| 11/09/2024 | MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for Extension of Time to Comply with Order [20] |
| 11/09/2024 | MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for reconsideration regarding order[20] 附件： 1:Exhibit 1 2:Declaration of Martin F. Trainor |
| 11/04/2024 | ORDER: Signed by the Honorable Franklin U. Valderrama on 11/4/2024. Mailed notice. |
| 11/04/2024 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons explained in the accompanying Order, the Court vacates its prior Minute Entry granting Plaintiff's motion for leave to file under seal [3], and instead denies the motion. On or before 11/11/2024, Plaintiff is directed to file the provisionally sealed documents [2], [15] publicly on the docket. Alternatively, Plaintiff may file a notice of dismissal. Enter Order. Mailed notice. |
| 10/25/2024 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiffs' motion for leave to file certain documents under seal [3]. Mailed notice. |
| 10/25/2024 | MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for miscellaneous relief[16] 附件： 1:Exhibit 1 2:Declaration of Martin F. Trainor |
| 10/25/2024 | MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 10/25/2024 | SEALED EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Exhibit 3, Parts 1-12 regarding declaration[14] 附件： 1:(Exhibit 3, Part 12) 2:Exhibit 3, Part 11 3:Exhibit 3, Part 10 4:Exhibit 3, Part 9 5:Exhibit 3, Part 7 6:Exhibit 3, Part 8 7:Exhibit 3, Part 6 8:Exhibit 3, Part 5 9:Exhibit 3, Part 4 10:Exhibit 3, Part 3 11:Exhibit 3, Part 2 12:Exhibit 3, Part 1 |
| 10/25/2024 | DECLARATION of Paul Varley regarding memorandum in support of motion[13] 附件： 1:Exhibit 2 2:Exhibit 1 |
| 10/25/2024 | MEMORANDUM by Sega Corporation, Sega of America, Inc. in support of motion for miscellaneous relief[12] 附件： 1:Exhibit 1 2:Declaration of Martin F. Trainor |
| 10/25/2024 | MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 10/24/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 10/24/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA 附件： 1:(List of Trademarks, Ex. 2) 2:(List of Trademarks, Ex. 1) |
| 10/23/2024 | 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. |
| 10/23/2024 | CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). |
| 10/23/2024 | ATTORNEY Appearance for Plaintiffs Sega Corporation, Sega of America, Inc. by Alexander Whang |
| 10/23/2024 | ATTORNEY Appearance for Plaintiffs Sega Corporation, Sega of America, Inc. by Sydney Paige Fenton |
| 10/23/2024 | ATTORNEY Appearance for Plaintiffs Sega Corporation, Sega of America, Inc. by Martin Francis Trainor |
| 10/23/2024 | Notice of Claims Involving Trademarks by Sega Corporation, Sega of America, Inc. |
| 10/23/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sega Corporation, Sega of America, Inc. |
| 10/23/2024 | CIVIL Cover Sheet |
| 10/23/2024 | MOTION by Plaintiffs Sega Corporation, Sega of America, Inc. for Leave to File Certain Documents Under Seal |
| 10/23/2024 | SEALED EXHIBIT by Plaintiffs Sega Corporation, Sega of America, Inc. Schedule A regarding complaint[1] |
| 10/23/2024 | COMPLAINT filed by Sega Corporation, Sega of America, Inc.; Filing fee $ 405, receipt number AILNDC-22644266. 附件： 1:Exhibit 4 2:Exhibit 3 3:Exhibit 2 4:Exhibit 1 5:Exhibit 5 |
