Stanley Black & Decker, Inc. et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| STANLEY BLACK & DECKER, INC. and The Black & Decker Corporation |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", RomanHoliday, WarmHome88, Yesdaymall and No1AngelCity |
| 1:2018cv02761 |
| April 18, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Elaine E Bucklo |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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| Document Text |
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| Filing 53 SATISFACTION of Judgment (Vogt, Keith) |
| Filing 52 FULL SATISFACTION of Judgment as to [Certain] Defendants identified on Schedule A (Jiang, Yanling) |
| Filing 51 FULL SATISFACTION of Judgment as to Defendant No. 52 identified on Schedule A (Jiang, Yanling) |
| Filing 50 NOTICE of Voluntary Dismissal by Stanley Black & Decker, Inc., The Black & Decker Corporation as to Defendant No. 109 identified on Schedule A (Vogt, Keith) |
| Filing 49 FULL SATISFACTION of Judgment as to [Certain] Defendants identified on Amended Schedule A (Vogt, Keith) |
| Filing 48 FULL SATISFACTION of Judgment as to Defendant No. 112 identified on Amended Schedule A (Vogt, Keith) |
| Filing 47 NOTICE of Voluntary Dismissal by Stanley Black & Decker, Inc., The Black & Decker Corporation as to Defendant No. 139 identified on Amended Schedule A (Vogt, Keith) |
| Filing 46 MAILED trademark report with certified copy of minute order dated 7/18/18 to Patent Trademark Office, Alexandria VA. (Attachments: #1 Minute Entry). (eaa, ) |
| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's counsel reported to the courtroom deputy that the settlement agreement with the sole remaining Defendant will be reduced to writing in around four weeks. To avoid unnecessary status hearings and to provide time to reduce the agreement to writing, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 10/01/2018. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. At any time before then, Plaintiff may move to reinstate so that the litigation track can commence, particularly if the remaining Defendant does not timely participate in reducing the agreement to writing. Status hearing of 07/19/2018 is vacated. Civil case terminated. Emailed notice (slb, ) |
| Filing 44 NOTICE of Voluntary Dismissal by Stanley Black & Decker, Inc., The Black & Decker Corporation (Vogt, Keith) |
| Filing 43 FULL SATISFACTION of Judgment as to Defendant Nos. 32, 76, 80, 93, 97, 108, 116, 145 identified on Schedule A (Jiang, Yanling) |
| Filing 42 NOTICE of Voluntary Dismissal by Stanley Black & Decker, Inc., The Black & Decker Corporation as to Defendant No. 152 identified on Schedule A (Vogt, Keith) |
| Filing 41 NOTICE of Voluntary Dismissal by Stanley Black & Decker, Inc., The Black & Decker Corporation as to [Certain] Defendants (Vogt, Keith) |
| Filing 40 FINAL Order Signed by the Honorable Edmond E. Chang on 06/21/2018:Emailed notice(slb, ) |
| Filing 39 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiffs' motion for entry of default and default judgment against the Defendants identified in the First Amended Schedule A #35 . Plaintiffs have properly completed service of process on Defendants, Defendants have not answered, and the time for answering the Complaint has expired. Therefore, Plaintiffs' motion for entry of default and default judgment is granted. After balancing the goals of compensation, deterrence, and yet to avoid overdeterrence and punishment, Plaintiffs are awarded statutory damages from each of the Defendants in the amount of $150,000. Plaintiffs' motion for a permanent injunction is also granted, and will be part of the final judgment order. Counsel appeared on behalf of Defendants No1AngelCity, RomanHoliday, Warmhome88 and Yesdaymall and reported that those four Defendants are in settlement negotiations with Plaintiffs. Status hearing set for 07/19/2018 at 9:30 a.m. If by 07/16/2018, a settlement has not been reached and Defendants have not answered, then Plaintiffs shall file a motion for default judgment, noticed for presentment to coincide with the 07/19/2018 status hearing. Emailed notice (slb, ) |
| Filing 38 MINUTE entry before the Honorable Edmond E. Chang: Defendants No1AngelCity, RomanHoliday, Warmhome88 and Yesdaymall's unopposed extension motion #33 to answer is granted to 07/13/2018. The Court does expect that the parties will have finished settlement negotiations by then, so either the case will be settled or the litigation track will start. Mailed notice (mw, ) |
| Filing 37 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #35 before Honorable Edmond E. Chang on 6/21/2018 at 09:30 AM. (Vogt, Keith) |
| Filing 36 MEMORANDUM by Stanley Black & Decker, Inc., The Black & Decker Corporation in support of motion for default judgment #35 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 35 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 34 NOTICE of Motion by Jacqueline Victoria Brousseau for presentment of motion for extension of time to file answer #33 before Honorable Edmond E. Chang on 6/18/2018 at 09:00 AM. (Brousseau, Jacqueline) |
| Filing 33 MOTION by Defendants No1AngelCity, RomanHoliday, WarmHome88, Yesdaymall for extension of time to file answer regarding complaint #1 [Unopposed] (Brousseau, Jacqueline) |
| Filing 32 ATTORNEY Appearance for Defendants No1AngelCity, RomanHoliday, WarmHome88, Yesdaymall by Jacqueline Victoria Brousseau (Brousseau, Jacqueline) |
| Filing 31 PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 05/31/2018:Emailed notice(slb, ) |
| Filing 30 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiffs' motion for preliminary injunction #26 . As discussed during the hearing, Plaintiffs' motion for preliminary injunction #26 is granted: the four factors remain the same as when the TROs were entered. The order will be entered separately. Plaintiff has served all Defendants. If Defendants fail to answer the complaint by the answer deadline, then they shall be deemed in default. Plaintiff shall file, no later than 06/14/2018, a motion for default judgment in a sum certain, noticed for presentment to coincide with the next status hearing date and time. Status hearing set for 06/21/2018 at 9:30 a.m. The Court notes that the 7-day notice requirement mentioned during the hearing only applies to those default-judgment motions where a Defendant has filed an appearance, see Fed. R. Civ. P 55(b)(2). Emailed notice (slb, ) |
| Filing 29 SUMMONS Returned Executed by Stanley Black & Decker, Inc., The Black & Decker Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/23/2018, answer due 6/13/2018. (Attachments: #1 Declaration of Service of Summons)(Jiang, Yanling) |
| Filing 28 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #26 before Honorable Edmond E. Chang on 5/31/2018 at 08:30 AM. (Vogt, Keith) |
| Filing 27 MEMORANDUM by Stanley Black & Decker, Inc., The Black & Decker Corporation in support of motion for preliminary injunction #26 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1 to Declaration of KVogt)(Vogt, Keith) |
| Filing 26 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for preliminary injunction (Vogt, Keith) |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiffs' motion to extend the Temporary Restraining Order #21 . Because the facts justifying the initial issuance remain the same, the motion is granted. The Court extends its Temporary Restraining Order through and until 05/31/2018. The motion for preliminary injunction shall be filed by 05/29/2018, noticed for presentment to coincide with the next status hearing. Status hearing set for 05/31/2018 at 8:30 a.m.Emailed notice (slb, ) |
| Filing 24 NOTICE of Voluntary Dismissal by Stanley Black & Decker, Inc., The Black & Decker Corporation as to Defendant No. 114 identified on Schedule A (Vogt, Keith) |
| Filing 23 SURETY BOND in the amount of $ $10,000.00 posted by Stanley Black & Decker, Inc., The Black & Decker Corporation. (Document not scanned). (kp, ) |
| Filing 22 NOTICE of Motion by Keith A. Vogt for presentment of extension of time #21 before Honorable Edmond E. Chang on 5/17/2018 at 08:30 AM. (Vogt, Keith) |
| Filing 21 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for extension of time Plaintiffs Motion To Extend The Temporary Restraining Order (Vogt, Keith) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (acm, ) |
| Filing 20 (SEALED) TEMPORARY Restraining Order Signed by the Honorable Edmond E. Chang on 5/4/2018:(slb, ) |
| Filing 19 TEMPORARY Restraining Order Signed by the Honorable Edmond E. Chang on 5/4/2018:Emailed notice(slb, ) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiffs' motion for temporary restraining order and other relief 11 . Plaintiffs' motion for leave to file documents under seal #9 is granted. Plaintiffs' motion for leave to file excess brief #10 is granted. For the reasons stated in open court and in the order, Plaintiffs' motion for temporary restraining order and other relief 11 is granted. The temporary restraining order will be entered in a separate entry: there will be a temporarily sealed version and a publicly available redacted version. Plaintiffs' motion to serve Defendants by electronic means 11 is granted. Plaintiffs' motion for expedited discovery is granted. The motion for renewal of the TRO or a motion for preliminary injunction to be filed by 05/14/2018, noticed for presentment to coincide with the status hearing. Status hearing set for 05/17/2018 at 8:30 a.m. Emailed notice (slb, ) |
| Filing 17 RE-NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages #10 , motion for leave to file #9 before Honorable Edmond E. Chang on 5/3/2018 at 08:30 AM. (Vogt, Keith) (Docket Text Modified on 4/25/2018 by Clerk's Office) (eaa, ). |
| Filing 16 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 4/24/2018. (eaa, ) |
| Filing 15 SEALED EXHIBIT by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation SEALED EXHIBIT with a blank text box, enter:Sealed Exhibit 2 to the Declaration of Adan Ayala regarding memorandum in support of motion, #12 (Attachments: #1 Exhibit 2 part 1, #2 Exhibit 2 part 2, #3 Exhibit 2 part 3, #4 Exhibit 2 part 4, #5 Exhibit 2 part 5, #6 Exhibit 2 part 6, #7 Exhibit 2 part 7, #8 Exhibit 2 part 8, #9 Exhibit 2 part 9)(Vogt, Keith) |
| Filing 14 SEALED DOCUMENT by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation Corrected Schedule A to Complaint (Vogt, Keith) |
| Filing 13 NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages #10 , motion for leave to file #9 before Honorable Elaine E. Bucklo on 5/11/2018 at 09:30 AM. (Vogt, Keith) (Docket Text Modified on 4/19/2018 by Clerk's Office) (eaa, ). |
| Filing 12 MEMORANDUM IN SUPPORT OF 11 EX PARTE MOTION (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1 to Declaration of KVogt, #3 Exhibit 2 to Declaration of KVogt, #4 Exhibit 3 to Declaration of KVogt, #5 Exhibit 4 to Declaration of KVogt, #6 Exhibit 5 to Declaration of KVogt, #7 Exhibit 6 to Declaration of KVogt, #8 Declaration of Adan Ayala, #9 Exhibit 1 to Declaration of AAyala)(Vogt, Keith) |
| Filing 10 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 8 SEALED DOCUMENT by Plaintiffs Stanley Black & Decker, Inc., The Black & Decker Corporation Schedule A to Complaint (Vogt, Keith) |
| Filing 7 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (eaa, ) |
| Filing 6 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (eaa, ) |
| Filing 5 MAILED trademark report to Patent Trademark Office, Alexandria VA. (eaa, ) |
| Filing 4 ATTORNEY Appearance for Plaintiffs STANLEY BLACK & DECKER, INC., The Black & Decker Corporation by Yanling Jiang (Jiang, Yanling) |
| Filing 3 ATTORNEY Appearance for Plaintiffs STANLEY BLACK & DECKER, INC., The Black & Decker Corporation by Keith A. Vogt (Vogt, Keith) |
| Filing 2 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 1 COMPLAINT filed by STANLEY BLACK & DECKER, INC., The Black & Decker Corporation; Filing fee $ 400, receipt number 0752-14365416. (Attachments: #1 Exhibit 1 - trademarks)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. (yt) |
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