Patagonia, Inc. v. Corporation A et al
| Patagonia, Inc. |
| Corporation B, Corporation C, Corporation A, Yiwu Charmton Import & Export Co., LTD. and Yiwu Wentou Imp & Exp Co., Ltd |
| 1:2019cv04740 |
| July 15, 2019 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Trademark |
| 15 U.S.C. § 1125 |
| Defendant |
Docket Report
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| Filing 38 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court, Plaintiff's motion for entry of default and default judgment #30 is voluntarily withdrawn. Defendants' motion for leave to file answer #35 is granted. Defendants shall separately file its answer to Plaintiff's amended complaint [35-2] within 24 hours. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). By 10/21/2019, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. The motion presentment date of 9/10/2019 is stricken; parties need not appear. Status hearing set for 9/18/2019 is stricken and reset for 10/31/2019 at 9:00 AM. Mailed notice (ef, ) |
| Filing 37 ANSWER TO AMENDED COMPLAINT ANSWER to Complaint with Jury Demand by Corporation A, Corporation B, Corporation C, Yiwu Charmton Import & Export Co., LTD., Yiwu Wentou Imp & Exp Co., Ltd(Saper, Daliah) |
| Filing 36 NOTICE of Motion by Daliah Saper for presentment of motion for leave to file, #35 before Honorable Andrea R. Wood on 9/10/2019 at 09:00 AM. (Saper, Daliah) |
| Filing 35 MOTION by Defendants Corporation A, Corporation B, Corporation C, Yiwu Charmton Import & Export Co., LTD., Yiwu Wentou Imp & Exp Co., Ltd for leave to file Answer to Amended Complaint and Brief in Support of Motion (Attachments: #1 Text of Proposed Order, #2 Exhibit Answer to Amended Complaint)(Saper, Daliah) |
| Filing 34 ATTORNEY Appearance for Defendants Corporation A, Corporation B, Corporation C, Yiwu Charmton Import & Export Co., LTD., Yiwu Wentou Imp & Exp Co., Ltd by Daliah Saper (Saper, Daliah) |
| Filing 33 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Daliah Saper (Saper, Daliah) |
| Filing 32 NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default,, motion for default judgment, #30 before Honorable Andrea R. Wood on 9/5/2019 at 09:00 AM. (Gaudio, Justin) |
| Filing 31 MEMORANDUM by Patagonia, Inc. in support of motion for entry of default,, motion for default judgment, #30 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Gaudio, Justin) |
| Filing 30 MOTION by Plaintiff Patagonia, Inc. for entry of default , MOTION by Plaintiff Patagonia, Inc. for default judgment as to Defendants Yiwu Wentou Import & Export Co., LTD, Yiwu Wentou Imp & Exp Co., LTD, and Yiwu Charmton Import & Export Co., LTD (Gaudio, Justin) |
| Filing 29 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 8/9/2019. Mailed notice (aee, ) |
Filing 28
ORDER: Motion and Status hearing held. Only counsel for Plaintiff appeared. Plaintiff's motion for preliminary injunction #23 is granted. Enter Preliminary Injunction Order. The Clerk of the Court is hereby directed to unseal Plaintiff's Amended Complaint #10 , Plaintiff's Motion for Entry of a Temporary Restraining Order and accompanying supporting Memorandum, Declarations of Traci Escamilla and Justin R. Gaudio, and exhibits #11 , #12 , #13 , #14 , #16 , #17 , Plaintiff's Motion for Electronic Service of Process #15 and Notice of Claims Involving Trademarks #18 . Status hearing set for 9/18/2019 at 9:00 AM. Signed by the Honorable Andrea R. Wood on 8/8/2019. Mailed notice (aee, )
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| Filing 27 CIVIL BOND in the amount of $ $10,000.00 posted by Patagonia, Inc. (Document not Scanned). (gcy, ) |
| Filing 26 SUMMONS Returned Executed by Patagonia, Inc. as to Corporation A on 8/5/2019, answer due 8/26/2019; Corporation B on 8/5/2019, answer due 8/26/2019; Corporation C on 8/5/2019, answer due 8/26/2019. (Attachments: #1 Declaration of Allyson Martin)(Martin, Allyson) |
| Filing 25 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #23 before Honorable Andrea R. Wood on 8/8/2019 at 09:00 AM. (Gaudio, Justin) |
| Filing 24 MEMORANDUM by Patagonia, Inc. in support of motion for preliminary injunction #23 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 23 MOTION by Plaintiff Patagonia, Inc. for preliminary injunction (Gaudio, Justin) |
| SUMMONS Issued as to Yiwu Wentou Import & Export Co., LTD, Yiwu Wetou Imp & Exp Co., LTD, and Yiwu Charmton Import & Export Co., LTD. (jjr, ) |
| Filing 22 SEALED TEMPORARY Restraining Order: Signed by the Honorable Andrea R. Wood on 7/25/2019. (mma, ) |
| Filing 21 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Plaintiff's motion for leave to file under seal #9 is granted. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Plaintiff's Amended Complaint (Dkt. No. #10 ), (2) Plaintiff's Motion for Entry of a Temporary Restraining Order and accompanying supporting Memorandum, Declarations of Traci Escamilla and Justin R. Gaudio, and exhibits (Dkt. No. #11 , #12 , #13 . #14 , #16 , #17 ), (3) Plaintiff's Motion for Electronic Service of Process (Dkt. No. #15 ), and (4) Notice of Claims Involving Trademarks (Dkt. No. #18 ). Only Plaintiff's counsel and Court staff shall have access to these documents. Plaintiff's sealed motion #15 is granted. Plaintiff having come to be heard on its ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #11 , the Court finds that Plaintiff has satisfied the requirements for the requested relief, without written or oral notice to the adverse parties, as provided by Fed. R. Civ. P. 65(b). Accordingly, the motions are granted. The temporary restraining order is entered effective 10:00 am on 7/25/2019 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. The Clerk is directed to seal the temporary restraining order until further order of the Court. Counsel for plaintiff and chambers staff are granted permission to access all sealed documents. Enter Sealed Temporary Restraining Order. Status hearing set for 8/8/2019 at 9:00 AM. Mailed notice (ef, ) |
| Filing 20 NOTICE of Motion by Justin R. Gaudio for presentment of Sealed motion #15 , motion for leave to file #9 , Sealed motion #11 before Honorable Andrea R. Wood on 7/25/2019 at 09:00 AM. (Gaudio, Justin) |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Patagonia, Inc. (Gaudio, Justin) |
| Filing 18 DOCUMENT by Plaintiff Patagonia, Inc. Notice of Claims Involving Trademarks (Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 17 DOCUMENT by Plaintiff Patagonia, Inc. Declaration of Justin R. Gaudio regarding Memorandum #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 16 DOCUMENT by Plaintiff Patagonia, Inc. Memorandum in Support of Motion #15 (Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 15 MOTION by Plaintiff Patagonia, Inc. (Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 14 DOCUMENT by Plaintiff Patagonia, Inc. Declaration of Traci Escamilla Regarding Memorandum #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 13 DOCUMENT by Plaintiff Patagonia, Inc. Declaration of Justin R. Gaudio regarding Memorandum #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 12 DOCUMENT by Plaintiff Patagonia, Inc. Memorandum in Support of Motion #11 (Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 11 MOTION by Plaintiff Patagonia, Inc. (Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 10 DOCUMENT by Plaintiff Patagonia, Inc. Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Gaudio, Justin) Modified on 8/13/2019 (aee, ). |
| Filing 9 MOTION by Plaintiff Patagonia, Inc. for leave to file Under Seal (Gaudio, Justin) |
| Filing 8 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. (pk, ) |
| Filing 7 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (pk, ) |
| Filing 6 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Exhibit)(pk, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 4 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Patagonia, Inc.; Filing fee $ 400, receipt number 0752-16030146. (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (yt) |
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