最近更新:2024-12-25
更新

2024-cv-02626

3DThreeDesign, LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:04/02/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
12/02/2024 FULL SATISFACTION of Judgment as to certain Defendants
10/28/2024 RETURN of U.S. Post Office, receipt No. 9589 0710 5270 0579 7799 08. (Received by mail in the Clerk's Office on 10/28/2024)
10/18/2024 MAILED original ten-thousand dollars ($10,000) surety bond posted by Sullivan & Carter, LLP at 2743 N. Ridgeway Ave. Chicago, IL 60647, via certified mail 9589 0710 5270 0579 7799 08.
10/16/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 10/16/2024: mailed notice
10/16/2024 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 31. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that statutory damages should be awarded in the amount of one hundred thousand dollars ($100,000) per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks and copyrights causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Sullivan & Carter, LLP at 2743 N. Ridgeway Ave. Chicago, IL 60647, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 10/16/2024: mailed notice
09/17/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff 3DThreeDesign, LLC's motion for entry of default and default judgment against all defendants, 31. Any defendant objecting to plaintiff's motion for entry of default and default judgment, must enter an appearance and file a written objection by 9/24/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
09/06/2024 MEMORANDUM by XYZ Corporation in support of motion for entry of default, motion for default judgment 31
附件:
1:(Declaration of Alison K. Carter)
09/06/2024 MOTION by Plaintiff XYZ Corporation for entry of default as to all Defendants, MOTION by Plaintiff XYZ Corporation for default judgment as to all Defendants
附件:
1:(Exhibit 1 - Schedule A)
05/21/2024 PRELIMINARY INJUNCTION ORDER signed by the Honorable Martha M. Pacold on 5/21/2024. Mailed notice.
05/21/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [21]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, [21], is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Mailed notice.
05/07/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction, 21, under advisement and will consider the motion unopposed if no defendant appears and objects by 5/17/2024. Plaintiff shall serve defendants with this notice and file a certificate of notice on the docket.
05/06/2024 SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/6/2024, answer due 5/27/2024.
附件:
1:(Declaration of Service)
05/06/2024 MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction 21
附件:
1:(Declaration of Ann Marie Sullivan)
05/06/2024 MOTION by Plaintiff XYZ Corporation for preliminary injunction
04/26/2024 SURETY BOND in the amount of $ 10,000.00 posted by XYZ Corporation. (Document not imaged) (Received at the Intake Counter on 4/26/2024.)
04/25/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO, 18 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO, 17, entered on 4/11/24 is extended until 5/9/24.
04/23/2024 MOTION by Plaintiff XYZ Corporation for extension of time of Temporary Restraining Order 17
附件:
1:Supplement Memorandum in Support of Motion
2:(Declaration of Ann Marie Sullivan)
04/11/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
04/11/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/11/2024:
04/11/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (9, 11) filed by plaintiff, the supporting memoranda (10, 12) and the temporary restraining order, plaintiff's motions for electronic service of process 11, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, 9, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
04/10/2024 AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:(Exhibit 1)
04/03/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion to file certain documents under seal and to temporarily proceed under a pseudonym, [5], as well as the accompanying memorandum, [6]. The motion to file certain documents under seal and to temporarily proceed under a pseudonym, [5] is granted in part and denied in part. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested temporary restraining order, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Given these protections for plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Such exceptional circumstances are not present here. Accordingly, plaintiff must file an amended complaint disclosing its name and asserted copyrights by 4/10/24.
04/02/2024 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 11 for Electronic Service of Process
附件:
1:Declaration of Ann Marie Sullivan
2:(Exhibit 1-2)
04/02/2024 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process
04/02/2024 SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order
附件:
1:Declaration of Plaintiff in Support of Motion for Temporary Restraining Order
2:Exhibit 1
3:Exhibit 2 - Part One
4:Exhibit 2 - Part Two
5:Exhibit 2 - Part Three
6:(Declaration of Alison K. Carter)
04/02/2024 SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order
04/02/2024 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.
04/02/2024 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 3).
04/02/2024 SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates
04/02/2024 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint
附件:
1:Exhibit 1
2:(Exhibit 2 - Schedule A)
04/02/2024 MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
附件:
1:Declaration of Ann Marie Sullivan
2:Declaration of Sandy Zhuang
3:Exhibit 1
4:Exhibit 2
5:(Exhibit 3)
04/02/2024 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
04/02/2024 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
04/02/2024 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter
04/02/2024 CIVIL Cover Sheet
04/02/2024 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21809587.
附件:
1:Exhibit 1
2:(Exhibit 2 - Schedule A)

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