最近更新:2024-12-25
更新

2024-cv-05574

CG, Inc. v. The Partnerships and Unincorporated Associations Identified in Schedule A

日期:07/30/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
11/26/2024 ENTERED JUDGMENT Signed by the courtroom deputy on 11/26/2024. Emailed notice
11/26/2024 FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 11/26/2024. Emailed notice
11/26/2024 MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response to the complaint, the motion for default judgment 43 is granted in part. Judgment is entered in favor of the Plaintiff and against the Defendant in the amount of five-thousand dollars ($5,000). Permanent injunction entered given the willfulness established by the default. A separate AO-450 judgment shall be entered. The status hearing of 12/06/2024 is vacated. Civil case terminated. Emailed notice
11/25/2024 MOTION by Plaintiff CG, Inc. for default judgment as to Defendant Jiangxi Shinri Plastics& Rubbers Co., Ltd
11/08/2024 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 41, and the docket, the Defendant is deemed to be in default for failing to respond to the Second Amended Complaint by the deadline of 11/06/2024, see R. 35. Assuming that the Defendant does not timely move to vacate the default, the Plaintiff shall file a motion for default judgment in a sum certain by 11/26/2024. The tracking status hearing of 11/15/2024 is reset to 12/06/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
11/07/2024 STATUS Report by CG, Inc.
10/28/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 10/28/2024. Emailed notice
10/28/2024 MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 37 is granted. The status report deadline remains in place. Emailed notice
10/25/2024 MOTION by Plaintiff CG, Inc. for preliminary injunction as to Defendant Jiangxi Shinri Plastics&Rubbers Co., Ltd
10/22/2024 SUMMONS Returned Executed by CG, Inc. as to JSPR CO., LTD. on 10/16/2024, answer due 11/6/2024.
附件:
1:(Declaration of Service)
10/16/2024 SUMMONS Issued as to Defendant JSPR CO., LTD.
10/15/2024 MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO and the motion for leave under seal 17, the extension 32 motion and motion to file under seal 31 are granted: the TRO is extended through 10/30/2024. The respondents Focus Technology Co., Ltd. d/b/a Made-in-China.com, Crov, Inc., and inQbrands ***shall comply with the TRO or shall respond*** to the motion to compel by 10/18/2024. The Plaintiff shall serve this Order on the respondents in the same way as the TRO was served. The notice of motion of 10/16/2024 is vacated. The tracking status hearing of 10/18/2024 is reset to 10/25/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
10/11/2024 MOTION by Plaintiff CG, Inc. MOTION TO EXTEND TEMPORARY RESTRAINING ORDER AND TO COMPEL COMPLIANCE WITH THE COURT'S ORDER
10/11/2024 MOTION by Plaintiff CG, Inc. to seal document FOR LEAVE TO FILE DOCUMENT UNDER SEAL
10/08/2024 REGISTRY Deposit Information Form by CG, Inc. (Received at the Intake Counter on 10/08/24).
10/08/2024 BOND in the amount of $1,000.00 cash, Receipt No. 100011717, posted by CG, Inc.
10/02/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/02/2024. Emailed notice (mw,)
10/02/2024 MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion 19 for temporary restraining order and other relief, the motion is granted in part, specifically granted as to the trademark-infringement claim only. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 17 for leave to file under seal is granted in light of the asset-restraint goal. By 10/09/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The extension motion 25 on service is granted in part in that electronic service of process is authorized (per the TRO) and the Plaintiff shall accomplish service by 11/04/2024. The motion 24 to file the extension motion under seal is granted. The Plaintiff shall file an extension motion on the TRO (if appropriate) by 10/11/2024. The tracking status hearing of 10/18/2024 remains in place. Emailed notice
09/30/2024 SEALED MOTION by Plaintiff CG, Inc. for Extension of Time to Serve Complaint
09/30/2024 MOTION by Plaintiff CG, Inc. for leave to file Document Under Seal
09/12/2024 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiffs' filings are under advisement. The tracking status hearing of 09/13/2024 is reset to 10/18/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
08/29/2024 MINUTE entry before the Honorable Edmond E. Chang: The motions are under advisement. The tracking status hearing of 08/30/2024 is reset to 09/13/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
08/15/2024 MINUTE entry before the Honorable Edmond E. Chang: The notices of motion are vacated for 08/20/2024, and the motions are taken under advisement. Emailed notice
08/15/2024 NOTICE of Motion by James Edward Judge for presentment of motion for leave to file 17, Sealed motion, 19 before Honorable Edmond E. Chang on 8/20/2024 at 08:30 AM.
08/14/2024 SEALED MOTION by Plaintiff CG, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service [Amended Motion]
附件:
1:Brief in Support of motion
2:Declaration of Plaintiff
3:Ex.1
4:Ex.2
5:Ex.3
6:Ex.4
7:Ex.5
8:Ex.6
9:Ex.7
10:Ex.8
11:Ex.9
12:Ex.10
13:Ex.11
14:Ex.12
15:Ex.13
16:Ex.14
17:Ex.15 Pt.1
18:Ex.15 Pt.2
19:Ex.16 Pt.1
20:Ex.16 Pt.2
21:Ex.16 Pt.3
22:Ex.16 Pt.4
23:(Ex.17)
08/12/2024 MOTION by Plaintiff CG, Inc. for leave to file Documents Under Seal Renewed Motion
08/12/2024 Plaintiff's Second AMENDED complaint by CG, Inc. against JSPR CO., LTD. and terminating The Partnerships and Unincorporated Associations Identified in Schedule A
附件:
1:Ex.1
2:Ex.2
3:Ex.3
4:Ex.4
5:Ex.5
6:Ex.6
7:Ex.7
8:Ex.8
9:Ex.9
08/02/2024 ATTORNEY Appearance for Plaintiff CG, Inc. by Zareefa Burki Flener
08/02/2024 MINUTE entry before the Honorable Edmond E. Chang: (1.) On the Plaintiff's motion 9 to seal the amended complaint and other filings, the motion is granted in part and denied in part. As to Schedule A, the motion is granted (just for now), given the need for further consideration of the provisional-relief requests. But an insufficient showing has been made to seal the Plaintiff's identity. On or before 08/12/2024, the Plaintiff shall file a public amended complaint and a public version of the TRO motion, R. 12, that unredacts the Plaintiff's identity and redacts only Amended Schedule A and the exhibits showing the online sellers. (2.) The prior motion 4 to seal is terminated as moot given the amended complaint. (3.) The motion 10 for extra pages is granted. (4.) On review of the amended complaint and Amended Schedule A, the Court raises the propriety of joinder of the 21 Defendants, even though that is fewer than the original Schedule A. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing the propriety of joinder by 08/16/2024. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file a second amended complaint with either (a) one defendant or (b) another subset of the defendants along with a memo explaining why joinder of those particular defendants is proper. The Court notes that the joinder inquiry does not mean that the rest of the TRO motion is well taken; the Court needs more time to deliberate on the TRO motion even if the joinder issue is resolved. (5.) The tracking status hearing of 08/09/2024 is reset to 08/30/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice
07/31/2024 NOTICE of Motion by James Edward Judge for presentment of Sealed motion, 11, motion to seal document 9, motion for leave to file excess pages 10 before Honorable Edmond E. Chang on 8/6/2024 at 08:30 AM.
07/30/2024 SEALED MOTION by Plaintiff CG, Inc. For Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service.
附件:
1:Brief In Support of Motion
2:Plaintiff Declaration
3:Ex. 1
4:Ex. 2
5:Ex. 3
6:Ex. 4
7:Ex. 5
8:Ex. 6
9:Ex. 7
10:Ex. 8
11:Ex. 9
12:Ex. 10
13:Ex. 11
14:Ex. 12
15:Ex. 13
16:Ex. 14
17:Ex. 15 Pt. 1
18:Ex. 15 Pt. 2
19:Ex. 16 Pt. 1
20:Ex. 16 Pt. 2
21:Ex. 16 Pt. 3
22:Ex. 16 Pt. 4
23:(Ex. 17)
07/30/2024 MOTION by Plaintiff CG, Inc. for leave to file excess pages
07/30/2024 MOTION by Plaintiff CG, Inc. to seal document Amended Motion

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