最近更新：2025-01-18
2024-cv-11684
| 日期 | 描述 |
|---|---|
| 01/14/2025 | DECLARATION of Justin R. Gaudio |
| 01/14/2025 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 01/14/2025 | SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 1/14/2025. Mailed notice. |
| 01/14/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's motion for a temporary restraining order [34], and motion for electronic service of process [39]. Provided that Plaintiff provides the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on 1/16/2025 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Mailed notice. |
| 01/10/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 40 |
| 01/10/2025 | MEMORANDUM by Peanuts Worldwide LLC in support of motion for miscellaneous relief 39 |
| 01/10/2025 | MOTION by Plaintiff Peanuts Worldwide LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 01/10/2025 | SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Exhibit 5 - Part 1 regarding declaration 37 附件： 1:(Exhibit 5-1) |
| 01/10/2025 | DECLARATION of Carrie Dumont regarding memorandum in support of motion 35 附件： 1:(Exhibit 4) 2:Exhibit 3 3:Exhibit 2 4:Exhibit 1 |
| 01/10/2025 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 35 |
| 01/10/2025 | MEMORANDUM by Peanuts Worldwide LLC in support of motion for temporary restraining order 34 |
| 01/10/2025 | MOTION by Plaintiff Peanuts Worldwide LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 01/10/2025 | SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Amended Schedule A regarding amended complaint, 32 |
| 01/10/2025 | AMENDED complaint by Peanuts Worldwide LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit 6) 2:Exhibit 5 3:Exhibit 4 4:Exhibit 3 5:Exhibit 2 6:Exhibit 1 |
| 01/10/2025 | ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Hannah Alexa Abes |
| 01/02/2025 | ORDER: Signed by the Honorable Franklin U. Valderrama on 1/2/2025. Mailed notice. |
| 01/02/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff' motion for reconsideration of this Court's order R. 25 26. "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 Plaintiff has identified newly discovered evidence or a manifest error of law or fact within the Court's order. R. 25, Order. Plaintiff argues that the Court should reconsider its prior order denying Plaintiff's motion to seal and for an asset restraint because the Court is authorized to order an asset restraint, and because Plaintiff is seeking equitable relief in the recovery of Defendants' infringing profits. Mot. at 4-6. Plaintiff cites other courts in this judicial district that have granted asset restraints in Schedule A cases. Id. at 3-4. Plaintiff also argues that the Court has authority to transfer funds that are restrained post-judgment, even if Plaintiff has not yet decided on damages. Id. at 8-9. In the alternative, Plaintiff asks the Court to authorize an asset restraint limited to the assets attributable to Defendants' infringing conduct. Id. at 9-10. Plaintiff does not purport to submit newly discovered evidence as a basis for reconsideration. Thus, the Court understands Plaintiff's 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 Plaintiff has done enough, if barely, in its motion to reconsider to convince the Court that, because Plaintiff does seek an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), an asset freeze may be 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, Plaintiff necessarily has no discovery, so it is difficult, if not impossible, for Plaintiff to know Defendants' profits. Given the asset-restraint goal, and for the reasons described herein, the Court grants Plaintiff's motion to reconsider 26 and provisionally grants the motion. The Court provisionally grants the motion for leave to file under seal 3. However, for the reasons described in the accompanying Order, the Court dismisses Plaintiff's complaint without prejudice for misjoinder. Plaintiff has until 1/14/2025 to file an amended complaint naming one defendant or a group of properly joined defendants. If the latter, Plaintiff must also file a memorandum explaining why joinder of those defendants is proper. The Court terminates Plaintiff's motion for extension of time to comply with the Court's Order 27 as moot, and denies the other pending motions 11, 16 without prejudice. Mailed notice. |
| 12/20/2024 | 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 12/20/2024: Mailed notice. |
| 11/22/2024 | MOTION by Plaintiff Peanuts Worldwide LLC for extension of time to Comply with Order 25 |
| 11/22/2024 | MOTION by Plaintiff Peanuts Worldwide LLC for reconsideration regarding order 25 |
| 11/15/2024 | ORDER: Signed by the Honorable Franklin U. Valderrama on 11/15/2024. Mailed notice. |
| 11/15/2024 | MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for leave to file under seal. R. 3, Mot. Seal. Plaintiff asks this Court for leave to file under seal the list of Defendants identified in "Schedule A" to the Complaint (which lists the online seller names and their URLs). Plaintiff also asks this Court to seal related material supporting the request for a temporary restraining order. For the following reasons, the Court denies the motion. R. 3. On or before 11/22/2024, 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. |
| 11/14/2024 | MAILED copyright report to Registrar, Washington DC |
| 11/14/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 11/14/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 11/14/2024 | DECLARATION of Justin R. Gaudio regarding memorandum[19] 附件： 1:Exhibit 8 2:Exhibit 7 3:Exhibit 6 4:Exhibit 5 5:Exhibit 4 6:Exhibit 3 7:Exhibit 2 8:Exhibit 1 |
| 11/14/2024 | MEMORANDUM by Peanuts Worldwide LLC Establishing that Joinder is Proper |
| 11/14/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] 附件： 1:Exhibit 2 2:Exhibit 1 |
| 11/14/2024 | MEMORANDUM by Peanuts Worldwide LLC in support of motion for miscellaneous relief[16] |
| 11/14/2024 | MOTION by Plaintiff Peanuts Worldwide LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 11/14/2024 | SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Exhibit 5 - Parts 1-2 regarding declaration[14] |
| 11/14/2024 | DECLARATION of Carrie Dumont regarding memorandum in support of motion[12] 附件： 1:Exhibit 4 2:Exhibit 3 3:Exhibit 2 4:Exhibit 1 |
| 11/14/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12] 附件： 1:Exhibit 3 2:Exhibit 4 3:Exhibit 2 4:Exhibit 1 |
| 11/14/2024 | MEMORANDUM by Peanuts Worldwide LLC in support of motion for temporary restraining order[11] |
| 11/14/2024 | MOTION by Plaintiff Peanuts Worldwide LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 11/14/2024 | 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. |
| 11/14/2024 | CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). |
| 11/13/2024 | ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Jennifer Van Nacht |
| 11/13/2024 | ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Trevor Christian Talhami |
| 11/13/2024 | ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Amy Crout Ziegler |
| 11/13/2024 | ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Justin R. Gaudio |
| 11/13/2024 | Notice of Claims Involving Trademarks by Peanuts Worldwide LLC |
| 11/13/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Peanuts Worldwide LLC |
| 11/13/2024 | CIVIL Cover Sheet |
| 11/13/2024 | MOTION by Plaintiff Peanuts Worldwide LLC for leave to file under seal |
| 11/13/2024 | SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Schedule A regarding complaint[1] |
| 11/13/2024 | COMPLAINT filed by Peanuts Worldwide LLC; Filing fee $ 405, receipt number AILNDC-22723362. 附件： 1:Exhibit 4 2:Exhibit 3 3:Exhibit 2 4:Exhibit 1 5:Exhibit 5 6:Exhibit 6 |
