NBA Properties, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| NHL Enterprises, L.P., Duke University, MLB Advanced Media, L.P., NBA Properties, Inc., IMG College Licensing, LLC and Major League Baseball Properties, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2018cv06508 |
| September 25, 2018 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.
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| Filing 51 MINUTE entry before the Honorable Ronald A. Guzman: MOTION by Plaintiff NBA Properties, Inc. for extension of time of Temporary Restraining Order for 14 days to November 29, 2018 #48 is granted. Status hearing set for 11/29/2018 at 09:30 AM. Status hearing and motion noticed for 11/15/2018 are stricken and no appearance is necessary. Mailed notice (is, ) |
| Filing 50 NOTICE of Motion by Justin R. Gaudio for presentment of extension of time #48 before Honorable Ronald A. Guzman on 11/15/2018 at 09:30 AM. (Gaudio, Justin) |
| Filing 49 MEMORANDUM by NBA Properties, Inc. in support of extension of time #48 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 48 MOTION by Plaintiff NBA Properties, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Check BOND in the amount of $ $10,000.00 posted by Greer Burns & Crain, Ltd. for NBA Properties, Inc. Receipt number 4624213272. (lma, ) |
| Filing 47 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Ronald A. Guzman on 11/1/2018. (td, ) |
| Filing 46 MINUTE entry before the Honorable Ronald A. Guzman: Motion hearing held on 11/1/2018. Plaintiff's motion for leave to file instanter a second amended complaint under seal #43 is granted. Plaintiff's motion for electronic service of process pursuant to Fed.R.Civ.P.4(f)(3) #28 is granted. Plaintiff's motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant domain names, a temporary asset restraint, and expedited discovery #12 is granted. Status hearing set for 11/15/2018 at 09:30 AM. Mailed notice (is, ) |
| Filing 45 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #43 , motion for miscellaneous relief, #28 , motion for temporary restraining order, #12 before Honorable Ronald A. Guzman on 11/1/2018 at 09:30 AM. (Gaudio, Justin) |
| Filing 44 SEALED DOCUMENT by Plaintiff NBA Properties, Inc. Second Amended Complaint (Attachments: #1 Exhibit 1, #2 Schedule A)(Gaudio, Justin) |
| Filing 43 MOTION by Plaintiff NBA Properties, Inc. for leave to file Instanter a Second Amended Complaint Under Seal (Gaudio, Justin) |
Filing 42
ORDER Signed by the Honorable Ronald A. Guzman on 10/23/2018: The Court recently entered an order directing plaintiffs to file a position paper explaining why they are properly joined in this action, given that their claims are premised on distinct, separately-owned trademarks. Plaintiffs' memorandum fails to persuade the Court that they are properly joined under Federal Rule of Civil Procedure 20, which requires that they assert a right to relief "jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences." Fed. R. Civ. P. 20(a)(1)(A). Plaintiffs have not demonstrated that they assert a right to relief that arises out of common transactions or a series of common transactions. They argue only in a conclusory fashion that "[m]any" of the defendants "infringe several or all of Plaintiffs' trademarks in the same transaction, occurrence, or series of transactions or occurrences." (ECF No. 40 at 5.) They do not explain or support that conclusion, which does not comport with the materials they have submitted to the court, which depict sales of allegedly counterfeit products that are claimed to infringe plaintiffs' separately-owned intellectual property. The sales are similar, but they are not the same; they are separate occurrences that involved different products and discrete marks. Except for the two plaintiffs MLB Advanced Media, L.P. and Major League Baseball Properties, Inc., which are affiliated with Major League Baseball and claim rights in the same intellectual property, the plaintiffs in this case are related only in the sense that they are sports leagues and/or organizations that wish to sue together. The commonalities of their claims are their legal theories and the fact that they are proceeding against the same defendants, but those commonalities are insufficient to support joinder under Rule 20. Federal Rule of Civil Procedure 21 provides that in cases of misjoinder, the Court, on its own motion, may sever any claim against a party. Accordingly, the Court will sever plaintiffs' claims. The claim alleged by NBA Properties, Inc., who is the first-named plaintiff, will remain on this Court's docket. The remaining plaintiffs' claims will be severed (with the caveat that it is appropriate to treat the claims of affiliated entities MLB Advanced Media, L.P. and Major League Baseball Properties, Inc. as a single claim). The Clerk of Court is directed to provide four new case numbers for the severed plaintiffs (MLB Advanced Media L.P. and Major League Baseball Properties, Inc., together; NHL Enterprises, L.P.; IMG College Licensing, LLC; and Duke University) and assign them pursuant to the District Court's operating procedures. See Lee v. Cook Cty., 635 F.3d 969, 971 (7th Cir. 2011) ("When a federal civil action is severed, it is not dismissed. Instead, the clerk of court creates multiple docket numbers for the action already on file, and the severed claims proceed as if suits had been filed separately."). The Clerk is further directed to use the instant Order as the initiating document in each of the newly-created cases and to file the Amended Complaint #11 (currently a sealed document) as document number 2 in each of the newly-created cases. Any requests by the severed plaintiffs to amend the pleadings shall be directed to the newly-assigned judge. The severed plaintiffs must pay the applicable filing fee if and when they pursue the severed cases. See Adkins v. Ill. Bell Tel. Co., No. 14 C 1456, 2015 WL 1508496, at *10 (N.D. Ill. Mar. 24, 2015) (finding misjoinder and requiring severed plaintiffs to pay the court filing fee upon filing an amended complaint). The motion hearing set for October 24, 2018 is stricken. After plaintiffs' claims have been severed, NBA Properties, Inc. may re-notice its pending Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery #12 and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #28 . Mailed notice (is, )
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| Filing 41 NOTICE by Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. re memorandum, #40 (Gaudio, Justin) |
| Filing 40 MEMORANDUM by Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Establishing Joinder is Proper Pursuant to this Court's Order #37 (Gaudio, Justin) |
| Filing 39 MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 10/9/2018. Plaintiffs' position paper to be filed on or before 10/12/2018. Motion hearing set for 10/17/2018 is stricken and reset to 10/24/2018 at 09:30 AM. on request of plaintiffs as to motions for a Temporary Restraining Order, including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery #12 , and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #28 . Mailed notice (is, ) |
| Filing 38 ATTORNEY Appearance for Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. by Jessica Lea Bloodgood (Bloodgood, Jessica) |
| Filing 37 MINUTE entry before the Honorable Ronald A. Guzman: This case brings three professional sports leagues (and an extra MLB - affiliated entity), the college sports licensing outfit, and Duke University joining as plaintiffs against a group of internet websites allegedly offering counterfeit products for sale. The joinder of these plaintiffs appears to violate FRCP 20. Under that rule, plaintiffs can join in one action as plaintiffs if they assert any right to relief jointly with respect to or arising out of the same transaction, occurrence, or series of transactions. But these plaintiffs are alleging violations of their separately owned and distinct trademark rights. It would appear, therefore, that the allegedly infringing transactions are not the same (regardless of the fact that the complaint calls the defendants an "interrelated group of counterfeiters"). Before making any substantive rulings the Court will require plaintiffs to file a position paper explaining why these plaintiffs, each alleging distinct and separately owned trademark rights, are properly joined. Plaintiffs position paper to be filed on or before 10/12/17. Plaintiffs' motion for leave to file under seal (6) is granted. Plaintiffs' motions for a Temporary Restraining Order, including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery (12), and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) - (28) - are entered and continued to 10/17/18 at 9:30 a.m. Motion hearing noticed for 10/9/18 is stricken and no appearance is necessary. Mailed notice (is, ) |
| Filing 36 Notice of Claims Involving Trademarks by Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. (Gaudio, Justin) |
| Filing 35 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by IMG College Licensing, LLC (Gaudio, Justin) |
| Filing 34 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NHL Enterprises, L.P. (Gaudio, Justin) |
| Filing 33 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. (Gaudio, Justin) |
| Filing 32 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc. (Gaudio, Justin) |
| Filing 31 NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file #6 , motion for miscellaneous relief, #28 , motion for temporary restraining order, #12 before Honorable Ronald A. Guzman on 10/9/2018 at 09:30 AM. (Gaudio, Justin) |
| Filing 30 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #29 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 29 MEMORANDUM by Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. in support of motion for miscellaneous relief, #28 (Gaudio, Justin) |
| Filing 28 MOTION by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 27 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Exhibit 2 regarding declaration #20 (Attachments: #1 Exhibit 2)(Gaudio, Justin) |
| Filing 26 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Exhibit 1 - Parts 51-52 regarding declaration #20 (Attachments: #1 Exhibit 1-51, #2 Exhibit 1-52)(Gaudio, Justin) |
| Filing 25 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Exhibit 1 - Parts 41-50 regarding declaration #20 (Attachments: #1 Exhibit 1-41, #2 Exhibit 1-42, #3 Exhibit 1-43, #4 Exhibit 1-44, #5 Exhibit 1-45, #6 Exhibit 1-46, #7 Exhibit 1-47, #8 Exhibit 1-48, #9 Exhibit 1-49, #10 Exhibit 1-50)(Gaudio, Justin) |
| Filing 24 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Exhibit 1 - Parts 31-40 regarding declaration #20 (Attachments: #1 Exhibit 1-31, #2 Exhibit 1-32, #3 Exhibit 1-33, #4 Exhibit 1-34, #5 Exhibit 1-35, #6 Exhibit 1-36, #7 Exhibit 1-37, #8 Exhibit 1-38, #9 Exhibit 1-39, #10 Exhibit 1-40)(Gaudio, Justin) |
| Filing 23 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Exhibit 1 - Parts 21-30 regarding declaration #20 (Attachments: #1 Exhibit 1-21, #2 Exhibit 1-22, #3 Exhibit 1-23, #4 Exhibit 1-24, #5 Exhibit 1-25, #6 Exhibit 1-26, #7 Exhibit 1-27, #8 Exhibit 1-28, #9 Exhibit 1-29, #10 Exhibit 1-30)(Gaudio, Justin) |
| Filing 22 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Exhibit 1 - Parts 11-20 regarding declaration #20 (Attachments: #1 Exhibit 1-11, #2 Exhibit 1-12, #3 Exhibit 1-13, #4 Exhibit 1-14, #5 Exhibit 1-15, #6 Exhibit 1-16, #7 Exhibit 1-17, #8 Exhibit 1-18, #9 Exhibit 1-19, #10 Exhibit 1-20)(Gaudio, Justin) |
| Filing 21 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Exhibit 1 - Parts 1-10 regarding declaration #20 (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 1-5, #6 Exhibit 1-6, #7 Exhibit 1-7, #8 Exhibit 1-8, #9 Exhibit 1-9, #10 Exhibit 1-10)(Gaudio, Justin) |
| Filing 20 DECLARATION of Lindsay Conn regarding memorandum in support of motion, #13 (Gaudio, Justin) |
| Filing 19 DECLARATION of Jim Wilkerson regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 18 DECLARATION of Lindsay Victor regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 17 DECLARATION of Thomas H. Prochnow regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 16 DECLARATION of Ethan Orlinsky regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 DECLARATION of Ayala Deutsch regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 14 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 13 MEMORANDUM by Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. in support of motion for temporary restraining order, #12 (Gaudio, Justin) |
| Filing 12 MOTION by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. for temporary restraining order , Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 11 SEALED DOCUMENT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Schedule A)(Gaudio, Justin) |
| Filing 10 SEALED EXHIBIT by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. Schedule A regarding complaint, #1 (Gaudio, Justin) |
| Filing 9 MINUTE entry before the Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Initial status hearing set for 11/28/2018 at 09:30 AM. Mailed notice (is, ) |
| Filing 8 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) |
| Filing 7 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 List of trademarks, #2 List of trademarks, #3 List of trademarks, #4 List of trademarks, #5 List of trademarks) (ph, ) |
| Filing 6 MOTION by Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. for leave to file under seal (Gaudio, Justin) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. by Allyson M. Martin (Martin, Allyson) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Duke University, IMG College Licensing, LLC, MLB Advanced Media, L.P., Major League Baseball Properties, Inc., NBA Properties, Inc., NHL Enterprises, L.P. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Duke University, NHL Enterprises, L.P., NBA Properties, Inc., Major League Baseball Properties, Inc., MLB Advanced Media, L.P., IMG College Licensing, LLC; Filing fee $ 400, receipt number 0752-14987024. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Schedule A)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. (lma, ) |
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