Volkswagen AG et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Volkswagen Group of America, Inc., Volkswagen AG and Audi AG |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", Kids Limited, hug the earth, rebeopoch, carhua20175, krstore88, sky_town, Auto Home, miaofa668, CarNuoC Automobile Store, oldlove, mjszyouth0131, Car LED Lights, hotlife07, xia1005, tanck, 7.5043, feisx, coreywang, gobuy1900, cui1873, tjiurvosmw, yingshanhong369, carboncar888, shop4421199 store, onebestchoice, chaixiongjie, yanghua032851, Fentec Limited, hidfactorydirectstore, PENGSHA2000, Shop1193118 Store, Huskar, Shop4051046 Store, ywswbdzswyxgs, witchcraft999, huanlexiaopu, hnzjparts, usesell84, zytc_1, tyllq, OUR DRIVING Store, nervaparadise, lovely garden, linkjbl4, fzgcosplay1981, vogvicky, Quality automotive supplies, YANF Professional Car Light Store, Kahane Car Accessories Co.,Ltd store, Autoooo, ecudiagnose, CZestore, anhuamark, shuiqiang123, hero_999, yuzhaokun099, Luis Chun, beststore518, keyanfe0, YANF01 Store, kkonetoys, lucky2046, Cooleeon AutoParts Store, car_led_light_2018, shop4432117 store, cnautolightkingdom, iman365usa, daro, Bigbossboss, jiabaolai_5, hongshao988, starbeadsclub, futureofsharing, 15hopelight, mybabydog, a xiao ruo store, shop4485042 store, Chinese cold light Store, reachsage, Blue Earth, xuyan11, xr.lampard, lanshouxg, juvjic432os490, Shenzhen Elife Electronic Technology Co., Ltd., zotootech, Fang shui chen shop, zhuozhong, licherry19920627, MDDAILYHOUSE, International Trends, hkseller2012, xuebinyou_6, trustautoparts, YUQING1314, zhan3878017200, DDAY, hitshine, Lionel Feng Store, ghun98, CityBeauty Life, huangmaike8, Defendants No. 70 and No. 90, qqquickstar, huaart, oloollo cool, lightupro, ruibo20162, shopping_au, zhixiao Store, zwm1971, jiahaixia, yuuautoparts, greenerstore, 2017digitworld, blueyf2011, topcamerapowersupply, biuc9434, dsidols, greatdeal2013, icbmperformance, sunny_store15, cartools2015, FashionSYL, Heminst Store, Wellcar88 Store, 1cn2147, Child Lis dream house, yueqin1989, zhh76751, diy_studio, besthsk9689, lz_parts, sweey9898, jewelry_supplier, zuozhi's house, HengCL Store, zhajinbia0, FJXMWSSD Trade Co.,LTD., yosteps, URUS FENG Store, onenicemallstore, abkj8511, LangXin Watches, hrfs5202018, huanghanming2010, s.tar.t, ghost_shadow_light, yu Store, liwinlight, goodp2u_4, wellcar365, totalmall, boomsdeal, Childhood Memory Store, yongzhli4, ALIDA GROUP (HK) CO .,LIMITED, finesoonhua, carparts18, autocartool3lectronics, Ruhome Store, yu910617, dsmail store, wandongme1, Sjindan, beautyoney, skysz168, tiandayan, eulaptop.seller, shengzh87, Shenzhen Goshawk Technology Co.,Ltd, forauto17, Oneauto Store, yueghostshadowlightsale, beanseedling, cheermall, kktefr, SuperAccessory, XZ Official Store, pandafamily2015, autolightdirectus, grandneway, cheyanton_0, carart Store, veqf2325, huizhoso9s9, tianming09, jea0828, usacamall, notebookshop.hk168, yancha7, linbing Mini fashion, finechoice68, Glamour life co., LTD, zhang19939, good_items4u and Honey Bunny |
| 1:2018cv06611 |
| September 28, 2018 |
| U.S. District Court for the Northern District of Illinois |
| Marvin E Aspen |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
This docket was last retrieved on February 28, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 61 SEALED EXHIBIT by Defendant Defendants No. 70 and No. 90 Unredacted Exhibit 1 regarding exhibit #60 , sur-reply, #50 (Grothouse, Matthew) |
| Filing 60 EXHIBIT by Defendant Defendants No. 70 and No. 90 Redacted Exhibit 1 regarding sur-reply, #50 (Grothouse, Matthew) |
| Filing 59 SEALED EXHIBIT by Defendant Defendants No. 70 and No. 90 regarding supplement #46 , exhibit #58 (Grothouse, Matthew) |
| Filing 58 EXHIBIT by Defendants Defendants No. 70 and No. 90, Defendants No. 70 and No. 90 regarding supplement #46 (Grothouse, Matthew) |
| Filing 57 Notice of Severance Decision by Defendants No. 70 and No. 90 (Saper, Daliah) |
| Filing 56 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiffs' motion for preliminary injunction #34 as to Defendants No. 70 and No. 90. Defendants' motion to file sealed sales records #51 is granted, with a public redacted version also to be filed by 11/16/2018 (redacting names, addresses, and products, but leaving the zip codes and sales numbers). As discussed during the hearing, the preliminary injunction as to Defendants No. 70 and Defendant No. 90 is vacated. PayPal shall lift the restraint on the account holding Defendants 70's and 90's funds. As explained during the hearing, under Rule 20(a)(2), joinder is improper as to these two Defendants is not proper. The generic similarities amongst the almost 200 Defendants are insufficient to establish that the "right to felief... aris[es] out of the same transaction, occurrence, or series of transactions or occurrences." The relevant factors are the nature of the claims, the legal basis for recovery, the law at issue, and the factual background. Ross v. Bd. of Educ., 486 F.3d 279, 284 (7th Cir. 2007). In this case, the inquiry boils down to whether all the Defendants are properly pled to be working together or in a coordinated effort, and the generic and conclusory similarities do not adequately plead that type of connection. Based on the adversarial presentation of Defendants 70 and 90, they will be severed from this case under Rule 21. On 11/14/2018, defense counsel reported to the courtroom deputy that the two Defendants are willing to be joined in one case, even though joinder is questionable as to those two Defendants as well. The Clerk is directed to open a new case, place the complaint on that docket ****but listing as named Defendants only Defendant hkseller*2011 and Defendant ledilluminant. The case will be randomly assigned. Plaintiff shall pay the filing fee for the new case. As to the remaining Defendants, status hearing set for 12/13/2018 at 9:00 a.m. If the remaining Defendants are in default as of 12/10/2018, then Plaintiffs shall file a motion for default judgment on 12/10/2018 and notice it for presentment at the next status hearing date and time. Emailed notice (slb, ) |
| Filing 55 TRANSCRIPT OF PROCEEDINGS held on 11/08/2018 before the Honorable Edmond E. Chang. Order Number: 32763. Court Reporter Contact Information: Gayle A. McGuigan, CSR, RMR, CRR, [email protected], (312) 435-6047. 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 12/4/2018. Redacted Transcript Deadline set for 12/14/2018. Release of Transcript Restriction set for 2/11/2019. (McGuigan, Gale) |
| Filing 54 RESPONSE by Defendant Defendants No. 70 and No. 90 to declaration #52 (Grothouse, Matthew) |
| Filing 53 NOTICE by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. re declaration #52 (Gaudio, Justin) |
| Filing 52 DECLARATION of Justin R. Gaudio (Gaudio, Justin) |
| Filing 51 MOTION by Defendant Defendants No. 70 and No. 90 to seal document supplement #46 , sur-reply, #50 Exhibit 1 (Grothouse, Matthew) |
| Filing 50 SUR-REPLY by Defendant Defendants No. 70 and No. 90 to reply to response to motion #47 (Attachments: #1 Exhibit 1, #2 Declaration Declaration of Hammond Wang, #3 Declaration Declaration of Yongjian Zhang, #4 Declaration Declaration of Wing Lim Pang)(Grothouse, Matthew) |
| Filing 49 NOTICE by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. re reply to response to motion #47 (Gaudio, Justin) |
| Filing 48 DECLARATION of Justin R. Gaudio regarding reply to response to motion #47 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Gaudio, Justin) |
| Filing 47 REPLY by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. to response in opposition to motion, #39 (Gaudio, Justin) |
| Filing 46 SUPPLEMENT to response in opposition to motion, #39 (Attachments: #1 Exhibit 1)(Grothouse, Matthew) |
| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' motion #40 for extension and other relief was granted in part and denied in part, without prejudice, by R. 43. That is, the TRO was extended until 11/13/2018 only, and the discovery sought was allowed only insofar, for now, as the supplemental response of the Defendants 70 and 90 must include the sales records referred to in those defendants' initial response. Emailed notice (slb, ) |
| Filing 44 PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 11/8/2018:Emailed notice(slb, ) |
| Filing 43 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiffs' motion for preliminary injunction #34 . Matthew Grothouse appeared on behalf of Defendants No. 70 and No. 90. As discussed during the hearing, Plaintiffs' motion for preliminary injunction #34 is granted (excluding Defendants No. 70 and No. 90): the four factors remain the same as when the TROs were entered. As to Nos. 70 and 90, the TRO is extended (technically a preliminary injunction) for a short-term only, until 11/13/2018. No later than 10 a.m. on 11/09/2018, Defendants Nos. 70 and 90, shall supplement (***and file on the docket***) their response to the motion for preliminary injunction #34 with the sales records to which they refer to in their response #39 . By 12 p.m. on 11/11/2018, Plaintiffs shall file a reply to the supplemental response. By 5 p.m. on 11/12/2018, Defendants Nos. 70 and 90 shall file a sur-reply. Hearing on the motion #34 continued to 11/13/2018 at 9:00 a.m.Emailed notice (slb, ) |
| Filing 42 SUMMONS Returned Executed by Volkswagen AG, Audi AG, Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 11/7/2018, answer due 11/28/2018. (Attachments: #1 Declaration of Allyson Martin)(Martin, Allyson) |
| Filing 41 NOTICE of Motion by Justin R. Gaudio for presentment of motion for discovery,, extension of time, #40 before Honorable Edmond E. Chang on 11/13/2018 at 08:30 AM. (Gaudio, Justin) |
| Filing 40 MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for discovery (Expedited), MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for extension of time of the Temporary Restraining Order as to Defendants hkseller*2011 and ledilluminant (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 39 RESPONSE by Defendants No. 70 and No. 90in Opposition to MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for preliminary injunction #34 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration Wing Lim Pang, #6 Declaration Yongjian Zhang)(Grothouse, Matthew) |
| Filing 38 ATTORNEY Appearance for Defendant Defendants No. 70 and No. 90 by Matthew Richard Grothouse (Grothouse, Matthew) |
| Filing 37 ATTORNEY Appearance for Defendant Defendants No. 70 and No. 90 by Daliah Saper (Saper, Daliah) |
| Filing 36 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #34 before Honorable Edmond E. Chang on 11/8/2018 at 09:30 AM. (Gaudio, Justin) |
| Filing 35 MEMORANDUM by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. in support of motion for preliminary injunction #34 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 34 MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for preliminary injunction (Gaudio, Justin) |
| SUMMONS Issued as to DXZ OFFICIAL STORE and all other Defendants identified in the Amended Complaint. (jjr, ) |
| Filing 33 EXTENSION OF TEMPORARY RESTRAINING ORDER. Signed by the Honorable Edmond E. Chang on 10/25/2018. Mailed notice (aee, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiffs' motion to extend the Temporary Restraining Order #29 . For the reasons discussed during the hearing, and as set forth in the order to be posted separately, the motion is granted. The Court extends its Temporary Restraining Order through and until 11/08/2018. The motion for preliminary injunction to be filed by 11/05/2018, noticed for presentment to coincide with the status hearing. Status hearing set for 11/08/2018 at 9:30 a.m.Emailed notice (slb, ) |
| BOND in the amount of $10,000.00, Receipt No. 4624212499, posted by Greer Burns & Crain Ltd. on behalf of Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. (lma, ) |
| Filing 31 NOTICE of Motion by Justin R. Gaudio for presentment of extension of time #29 before Honorable Edmond E. Chang on 10/25/2018 at 08:30 AM. (Gaudio, Justin) |
| Filing 30 MEMORANDUM by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. in support of extension of time #29 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 29 MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 27 (Public Version) TEMPORARY Restraining Order Signed by the Honorable Edmond E. Chang on 10/11/2018:Emailed notice(slb, ) |
| Filing 26 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 #6 is granted. For the reasons stated in open court and in the order to be entered, 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 #16 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 10/22/2018, noticed for presentment to coincide with the next status hearing. Status hearing set for 10/25/2018 at 8:30 a.m.Emailed notice (slb, ) |
| Filing 25 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #16 , motion for leave to file #6 , motion for temporary restraining order #11 before Honorable Edmond E. Chang on 10/11/2018 at 08:30 AM. (Gaudio, Justin) |
| Filing 24 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. (bg, ) |
| Filing 22 MINUTE entry before the Honorable Marvin E. Aspen: All motion hearing dates set before Judge Aspen are stricken from the Court's call. This case is being reassigned to a different judge. Mailed notice (ags, ) |
| Filing 23 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Marvin E. Aspen no longer assigned to the case. Signed by Executive Committee on 10/01/2018. (bg, ) |
| Filing 21 Notice of Claims Involving Trademarks by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. (Gaudio, Justin) |
| Filing 20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. (Gaudio, Justin) |
| Filing 19 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #16 , motion for leave to file #6 , motion for temporary restraining order #11 before Honorable Marvin E. Aspen on 10/4/2018 at 10:30 AM. (Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. in support of motion for miscellaneous relief #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 EXHIBIT by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. Exhibit 5 - Parts 1-6 regarding declaration #14 (Attachments: #1 Exhibit 5-1, #2 Exhibit 5-2, #3 Exhibit 5-3, #4 Exhibit 5-4, #5 Exhibit 5-5, #6 Exhibit 5-6)(Gaudio, Justin) Modified on 11/13/2018 (pk, ). |
| Filing 14 DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MEMORANDUM by Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. in support of motion for temporary restraining order #11 (Gaudio, Justin) |
| Filing 11 MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for temporary restraining order , Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 10 AMENDED Complaint by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Schedule A)(Gaudio, Justin) Modified on 11/13/2018 (pk, ). |
| Filing 9 EXHIBIT by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 11/13/2018 (pk, ). |
| Filing 8 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jk, ) |
| Filing 7 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jk, ) |
| Filing 6 MOTION by Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Audi AG, Volkswagen AG, Volkswagen Group of America, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Volkswagen AG, Audi AG, Volkswagen Group of America, Inc.; Filing fee $ 400, receipt number 0752-15003188. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Schedule A)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable Jeffrey Cole. (daj, ) |
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