Chicago Motor Car Corp. et al v. Bates
| Chicago Motor Car Corp., Parin Shah and Frank Sacco |
| David Bates |
| 1:2012cv08905 |
| November 7, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Du Page |
| John Z Lee |
| P.I.: Assault Libel & Slander |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 25, 2013. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 74 TRANSCRIPT OF PROCEEDINGS held on 11/13/2012 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, (312) 408-5038, alexandra_roth@ilnd.uscourt.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/18/2013. Redacted Transcript Deadline set for 3/28/2013. Release of Transcript Restriction set for 5/28/2013. (Roth, Alexandra) |
| Filing 73 MINUTE entry before Honorable John Z. Lee: Status and motion hearing held 1/18/13. The parties report they have reached a settlement. This case is dismissed with prejudice with leave to reinstate in 45 days. All pending motions are terminated with leave to refile in the event the action is reinstated. Civil case terminated. Mailed notice (ca, ) |
| Filing 72 MINUTE entry before Honorable John Z. Lee: Status hearing held on 1/15/2013 with counsel by conference call. The parties report they are discussing settlement. Plaintiff to respond to the motion for sanctions and order to show cause by 1/17/13. The preliminary injunction hearing date to stand. Mailed notice (ca, ) |
| Filing 71 NOTICE of Motion by Peter Scott Lubin for presentment of motion for leave to file, #70 before Honorable John Z. Lee on 1/18/2013 at 10:00 AM. (Lubin, Peter) |
| Filing 70 MOTION by Defendant David Bates for leave to file Supplement to Exhibit 1 of the Supplement to Defendant's Corrected Motion for Sanctions (Attachments: #1 Supplement Supplement to Exhibit 1 of the Supplement to Defendants Corrected Motion for Sanctions, #2 Certificate of Service)(Lubin, Peter) |
| Filing 69 NOTICE of Motion by Peter Scott Lubin for presentment of motion for leave to file, #68 before Honorable John Z. Lee on 1/18/2013 at 10:00 AM. (Lubin, Peter) |
| Filing 68 MOTION by Defendant David Bates for leave to file Instanter Supplement to Corrected Motion for Sanctions (Attachments: #1 Supplement Supplement to Defendant's Corrected Motion for Sanctions, #2 Certificate of Service)(Lubin, Peter) |
| Filing 67 MINUTE entry before Honorable John Z. Lee: Motion hearing held 1/10/13. Defendant's motion for rule to show cause #56 is granted. Defendant is directed to meet and confer with Krohn & Moss to narrow the scope of the subpoena as discussed on the record. Copies of any written correspondence with Krohn & Moss narrowing the scope of the subpoena should be provided to counsel for Plaintiffs as well as any documents produced by Krohn & Moss. Krohn & Moss is to use its best efforts to provide non-privileged documents responsive to the subpoena, as amended, prior to 1/18/13. As to Defendant's corrected motion for sanctions #60 , Plaintiffs have until 1/16/13 to provide a substantive response, which will be limited to 15 pages. As part of that response, pursuant to Fed. R. Civ. P. 11(c)(3), the Court on its own initiative directs Plaintiffs and their counsel to show cause why the conduct set forth in the corrected motion for sanctions has not violated Fed. R. Civ. P. 11(b). Specifically, Plaintiffs are ordered to show cause why the statements made in Paragraphs 19 and 20 of the November 7, 2012, declaration of Frank Sacco, which was submitted in support of Plaintiff's motion for a temporary restraining order, as well as the representations made counsel on page 12 of Plaintiff's memorandum in support of their motion for temporary restraining order/preliminary injunction are not in violation of Fed. R. Civ. P. 11(b). This Court will take the corrected motion for sanctions under advisement in light of the preliminary injunction hearing set for 1/18/13, which will commence at 10:00 a.m. and last for no more than four hours. To the extent Defendant wishes to present testimony from an expert witness at the hearing, Defendant must provide Plaintiffs with a expert report pursuant to Fed. R. Civ. P. 26(a)(2) by 1/14/13. Plaintiffs have leave to depose that expert prior to the hearing on 1/18/13, if they believe it necessary. Mailed notice (ca, ) |
| Filing 66 REPLY by Defendant David Bates to motion to amend/correct,,,, motion for relief,,, #60 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Murphy, Andrew) |
| Filing 65 OBJECTIONS by Chicago Motor Car Corp. to MOTION by Defendant David Bates to amend/correct MOTION by Defendant David Bates for sanctions #58 #60 Defendant's Corrected Motion for Sanctions (Attachments: #1 Exhibit A to Opposition, #2 Exhibit B to Opposition, #3 Errata C to Opposition)(Pollack, Serena) |
| Filing 64 MINUTE entry before Honorable John Z. Lee: Plaintiffs' motion to continue January 10, 2013 hearing #62 is denied. On this Court's own motion, the January 10, 2013 hearing is reset from 9:00 a.m. to 10:00 a.m. Mailed notice (ca, ) Modified on 1/9/2013 (ca, ). |
| Filing 63 NOTICE of Motion by Natalia Minkel-dumit for presentment of motion to continue #62 before Honorable John Z. Lee on 1/10/2013 at 09:00 AM. (Minkel-dumit, Natalia) |
| Filing 62 MOTION by Plaintiff Chicago Motor Car Corp. to continue January 10, 2013 Hearing Until January 25, 2013 (Minkel-dumit, Natalia) |
| Filing 61 AMENDED notice of motion #59 (Lubin, Peter) |
| Filing 60 MOTION by Defendant David Bates to amend/correct MOTION by Defendant David Bates for sanctions #58 (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Certificate of Service)(Lubin, Peter) |
| Filing 59 NOTICE of Motion by Peter Scott Lubin for presentment of motion for sanctions,, #58 before Honorable John Z. Lee on 1/10/2013 at 09:00 AM. (Lubin, Peter) |
| Filing 58 MOTION by Defendant David Bates for sanctions (Attachments: #1 Appendix Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Certificate of Service COS)(Lubin, Peter) |
| Filing 57 NOTICE of Motion by Peter Scott Lubin for presentment of motion for rule to show cause, #56 before Honorable John Z. Lee on 1/10/2013 at 09:00 AM. (Lubin, Peter) |
| Filing 56 MOTION by Defendant David Bates for rule to show cause against Krohn & Moss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Certificate of Service)(Lubin, Peter) |
| Filing 55 MINUTE entry before Honorable John Z. Lee: Plaintiff's response to Defendants' motion to dismiss for failure to state a claim #52 is due by 1/18/13; Defendants' reply is due by 2/1/13. No appearance is required at the notice of motion set for 1/8/13 at 9:00 a.m. Mailed notice (ca, ) |
| Filing 54 NOTICE of Motion by Andrew Charles Murphy for presentment of Motion to Dismiss for Failure to State a Claim #52 before Honorable John Z. Lee on 1/8/2013 at 09:00 AM. (Murphy, Andrew) |
| Filing 53 MEMORANDUM by David Bates in support of Motion to Dismiss for Failure to State a Claim #52 (Defendant's Memorandum of Law in Support of His Rule 12(b)(6) Motion to Dismiss) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service)(Murphy, Andrew) |
| Filing 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM(Defendant's Rule 12(b)(6) Motion to Dismiss) (Attachments: #1 Certificate of Service)(Murphy, Andrew) |
| Filing 51 STATUS Report on Preliminary Injunction Depositions by David Bates (Attachments: #1 Exhibit A, #2 Certificate of Service)(Murphy, Andrew) |
| Filing 50 MINUTE entry before Honorable John Z. Lee: Motion hearing held on 12/18/12. Defendant's motion for extension of time to file an answer or responsive pleading #41 is granted without objection; answer or responsive pleading due by 12/21/12. Defendant's motion to compel corporate representative deposition #43 is granted. Plaintiff is ordered to produce their Rule 30(b)(6) corporate representative deposition on 12/27/12; the deposition of the defendant is to be taken on 12/28/12. The depositions are to take place in Chicago. Mailed notice (ca, ) |
| Filing 49 AMENDED Notice of Video Deposition (Pollack, Serena) |
| Filing 48 MINUTE entry before Honorable John Z. Lee: Jonathan D. Goins' motion for leave to appear pro hac vice #35 #47 is granted. (ca, ) |
| Filing 47 MOTION by Plaintiffs Chicago Motor Car Corp., Frank Sacco, Parin Shah to amend/correct Motion for Leave to Appear Pro Hac Vice (Pollack, Serena) |
| Filing 46 RESPONSE by Chicago Motor Car Corp.in Opposition to MOTION by Defendant David Bates to compel #43 Opposition to Defendant's Motion to Compel Corporate Representative Deposition and for Sanctions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pollack, Serena) |
| Filing 45 MINUTE entry before Honorable John Z. Lee: Jonathan D. Goins is directed to refile his motion for leave to appear pro hac vice to clarify the party he seeks leave to represent in this matter. Goins' motion #35 is stricken. Mailed notice (ca, ) |
| Filing 44 NOTICE of Motion by Peter Scott Lubin for presentment of motion to compel #43 before Honorable John Z. Lee on 12/18/2012 at 09:00 AM. (Lubin, Peter) |
| Filing 43 MOTION by Defendant David Bates to compel (Attachments: #1 Exhibit A-H, #2 Certificate of Service)(Lubin, Peter) |
| Filing 42 NOTICE of Motion by Andrew Charles Murphy for presentment of motion for extension of time to file answer #41 before Honorable John Z. Lee on 12/18/2012 at 09:00 AM. (Murphy, Andrew) |
| Filing 41 MOTION by Defendant David Bates for extension of time to file answer or responsive pleading (Attachments: #1 Certificate of Service)(Murphy, Andrew) |
| Filing 40 Defendant's Rule 26(a)(1) Initial Disclosures by David Bates (Attachments: #1 Certificate of Service)(Murphy, Andrew) |
| Filing 39 REPLY by Plaintiffs Chicago Motor Car Corp., Frank Sacco, Parin Shah in Support of Their Motion for TRO/Preliminary Injunction (Pollack, Serena) |
| Filing 38 Interrogatories and Request for Production of Documents to Defendant by Chicago Motor Car Corp., Frank Sacco, Parin Shah Pursuan to Fed. R. Civ. P. 33 and 34 (Pollack, Serena) |
| Filing 37 Notice of Deposition by Chicago Motor Car Corp., Frank Sacco, Parin Shah for deposition of David Bates (Pollack, Serena) |
| Filing 36 Initial Disclosures by Chicago Motor Car Corp., Frank Sacco, Parin Shah (Attachments: #1 Exhibit Group Exhibit A)(Pollack, Serena) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7832933. (Pollack, Serena) |
| Filing 34 RESPONSE by Defendant David Bates to Plaintiffs' Motion for Temporary Restraining Order/Preliminary Injunction (AMENDED RESPONSE) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Murphy, Andrew) |
| Filing 33 MINUTE entry before Honorable John Z. Lee: Motion hearing held on 12/7/12. Defendant's amended emergency motion to compel a rule 30(b)(6) corporate representative deposition, and related document discovery, or to extend the evidentiary hearing date to allow for the deposition #24 is granted; defendant's original emergency motion #23 is denied as moot. Plaintiffs' oral motion to depose the defendant is granted. The depositions should take place on 12/27/12 or 12/28/12 (or a date mutually agreeable to the parties) and are limited to 7 hours each. Defendant's motion to file oversized brief #30 is granted; no appearance is required on the motion. Defendant's amended response to be filed 12/7/12; plaintiffs' reply is due 12/10/12 and limited to 15 pages. Preliminary injunction hearing set for 12/14/12 is reset to 1/18/13 at 10:00 a.m. The parties are to exchange Rule 26(a)1) disclosures and initial discovery requests by 12/10/12. Responses to interrogatories and document requests as well as any responsive documents are due by 12/21/12. If the parties will have live witnesses at the preliminary injunction hearing they should notify the court by filing a status report. Mailed notice (ca, ) |
| Filing 32 REPLY by Defendant David Bates in Support of Defendant's Amended Emergency Motion to Compel a Rule 30(B)(6) Corporate Representative Deposition, and Related Document Discovery, or to Extend Evidentiary Hearing Date to Allow for the Deposition (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Certificate of Service)(Lubin, Peter) |
| Filing 31 NOTICE of Motion by Andrew Charles Murphy for presentment of motion for leave to file #30 before Honorable John Z. Lee on 12/12/2012 at 09:00 AM. (Murphy, Andrew) |
| Filing 30 MOTION by Defendant David Bates for leave to file oversized brief (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Murphy, Andrew) |
| Filing 29 RESPONSE by Defendant David Bates to Plaintiffs' Motion for Temporary Restraining Order/Preliminary Injunction (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Certificate of Service Certificate of Service)(Murphy, Andrew) |
| Filing 28 OBJECTIONS by Chicago Motor Car Corp. to MOTION by Defendant David Bates to compel a Rule 30(B)(6) Corporate Representative Deposition, and Related Document Discovery, or to Extend Evidentiary Hearing Date to Allow for the Deposition (AMENDED EMERGENCY MOTION) #24 , notice of motion #25 Opposition to Defendant's Emergency Motion to Compel A Rule 30(b)(6) Corporate Representation Deposition, and Related Document Discovery, Or to Extend Evidentiary Hearing Date to Allow For the Deposition (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Minkel-dumit, Natalia) |
| Filing 27 JURY Demand (Lubin, Peter) |
| Filing 26 ATTORNEY Appearance for Plaintiffs Chicago Motor Car Corp., Frank Sacco, Parin Shah by Natalia Minkel-dumit (mgh, ) |
| Filing 25 NOTICE of Motion by Peter Scott Lubin for presentment of motion to compel #24 before Honorable John Z. Lee on 12/7/2012 at 09:00 AM. (Lubin, Peter) |
| Filing 24 MOTION by Defendant David Bates to compel a Rule 30(B)(6) Corporate Representative Deposition, and Related Document Discovery, or to Extend Evidentiary Hearing Date to Allow for the Deposition (AMENDED EMERGENCY MOTION) (Lubin, Peter) |
| Filing 23 MOTION by Defendant David Bates to compel a Rule 30(B)(6) Corporate Representative Deposition, and Related Document Discovery, or to Extend Evidentiary Hearing Date to Allow for the Deposition (EMERGENCY MOTION) (Lubin, Peter) |
| Filing 22 MINUTE entry before Honorable John Z. Lee: Motion hearing held on 11/29/12. Plaintiff's motion to show cause for contempt and/or alternative for further injunctive relief #18 is granted in part and denied in part. Defendant is directed not to sell or offer for sale the url's that were the subject of the Court's prior temporary restraining order. The remainder of the motion is denied. Mailed notice (ca, ) |
| Filing 21 ATTORNEY Appearance for Defendant David Bates by Julie L. Simpson (Simpson, Julie) |
| Filing 20 ATTORNEY Appearance for Defendant David Bates by John Auchter (Auchter, John) |
| Filing 19 NOTICE of Motion by Serena Elise Pollack for presentment of motion for order to show cause for contempt and/or in the alternative for further injunctive relief #18 before Honorable John Z. Lee on 11/29/2012 at 09:00 AM. (mgh, ). |
| Filing 18 MOTION by Plaintiffs Chicago Motor Car Corp., Frank Sacco, Parin Shah for order to show cause for contempt and/or in the alternative for further injunctive relief (Exhibits)( #1 Cont. of Exhibits) (mgh, ). |
Filing 17
ORDER Signed by the Honorable John Z. Lee on 11/16/2012Mailed notice(ca, ).
|
| Filing 14 ATTORNEY Appearance for Defendant David Bates by Andrew Charles Murphy (Murphy, Andrew) |
| Filing 13 ATTORNEY Appearance for Defendant David Bates by Patrick Doyle Austermuehle (Austermuehle, Patrick) |
| Filing 12 ATTORNEY Appearance for Defendant David Bates by Peter Scott Lubin (Lubin, Peter) |
| Filing 11 ATTORNEY Appearance for Defendant David Bates by Vincent Louis DiTommaso (DiTommaso, Vincent) |
| Filing 16 MINUTE entry before Honorable John Z. Lee: Hearing on motion for temporary restraining order held on 11/13/12. For the reasons stated in the attached order as well as in open court, Plaintiffs' motion for temporary restraining order #7 is granted in part and denied in part. The temporary restraining order shall remain in effect until the close of business on 11/27/12. With respect to Plaintiffs' motion for a preliminary injunction #7 , the following briefing schedule shall be in place: Defendants' response is due by 12/5/12. Plaintiffs' reply is due by 12/10/12. The preliminary injunction hearing is set for 12/14/12 at 9:30 a.m. The hearing shall last two hours and each party will be permitted one hour to present its case. Mailed notice (ca, ) |
| Filing 15 SUMMONS Returned Executed as to David Bates on 11/8/2012, answer due 11/29/2012. (lw, ) |
| Filing 10 MAILED trademark report to Patent Trademark Office, Alexandria VA (mgh, ) |
| Filing 9 MEMORANDUM of law by Chicago Motor Car Corp., Frank Sacco, Parin Shah in support of their motion for temporary restraining order/ preliminary injunction #7 (mgh, ) |
| Filing 8 NOTICE of Motion by Serena Elise Pollack for presentment of motion for temporary restraining order/ preliminary injunction #7 before Honorable John Z. Lee on 11/13/2012 at 2:00 PM. (mgh, ) |
| Filing 7 MOTION by Plaintiffs Chicago Motor Car Corp., Frank Sacco, Parin Shah for temporary restraining order/ preliminary injunction. (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2, #3 Exhibit A of Exhibit 1, #4 Exhibit B of Exhibit 1, #5 Exhibit C part 1 of Exhibit 1, #6 Exhibit C part 2 of Exhibit 1, #7 Exhibit D part 1 of Exhibit 1, #8 Exhibit D part 2 of Exhibit 1, #9 Exhibit E part 1 of Exhibit 1, #10 Exhibit E part 2 of Exhibit 1, #11 Exhibit F of Exhibit 1, #12 Exhibit G of Exhibit 1, #13 Exhibit H part 1 of Exhibit 1, #14 Exhibit H part 2 of Exhibit 1, #15 Exhibit I part 1 of Exhibit 1, #16 Exhibit I part 2 of Exhibit 1, #17 Exhibit J, #18 Exhibit K, #19 Exhibit L part 1 of Exhibit 1, #20 Exhibit L part 2 of Exhibit 2, #21 Exhibit 2 part 1, #22 Exhibit 2 part 2, #23 Exhibit 2 part 3) (mgh, ) |
| Filing 6 DISCLOSURE STATEMENT Rule 7.1 by Chicago Motor Car Corp., Frank Sacco, Parin Shah (mgh, ) |
| Filing 5 SUMMONS Issued as to Defendant David Bates (mgh, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Chicago Motor Car Corp., Frank Sacco, Parin Shah by Serena Elise Pollack (mgh, ) |
| Filing 2 CIVIL Cover Sheet (mgh, ) |
| Filing 1 VERIFIED COMPLAINT filed by Chicago Motor Car Corp., for damages, injunctive relief, and request for jury trial. (Attachments: #1 part 2 of Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C part 1, #5 Exhibit C part 2, #6 Exhibit D part 1, #7 Exhibit D part 2, #8 Exhibit E part 1, #9 Exhibit E part 2, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H part 1, #13 Exhibit H part 2, #14 Exhibit I part 1, #15 Exhibit I part 2, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L part 1, #19 Exhibit L part 2) (mgh, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
