PRL USA Holdings, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| PRL USA Holdings, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", Xie Ji Ping d/b/a jtftrade.top, Xie Ji Ping d/b/a qfrtrade.top and Xie Ji Ping d/b/a hrutrade.top |
| 1:2019cv07075 |
| October 28, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1125 |
| None |
Docket Report
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This docket was last retrieved on December 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 39 MAILED Trademark report with certified copy of minute order dated 12/13/2019 to Patent Trademark Office, Alexandria VA. (Attachments: #1 Minute Order)(pk, ) |
| Filing 38 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held. For the reasons stated in open court, and to be memorialized in the written order, Plaintiff's motion for entry of default and default judgment #35 is granted. Statutory damages are awarded in the amount of $50,000 per Defendant, owed jointly and severally. Plaintiff is directed to send a proposed order incorporating the Court's instructions to the Proposed Order email box. Civil case terminated. Mailed notice (cn). |
| Filing 37 NOTICE of Motion by Justin R. Gaudio for presentment of motion for entry of default, motion for default judgment #35 before Honorable Edmond E. Chang on 12/13/2019 at 09:30 AM. (Gaudio, Justin) |
| Filing 36 MEMORANDUM by PRL USA Holdings, Inc. in support of motion for entry of default, motion for default judgment #35 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 35 MOTION by Plaintiff PRL USA Holdings, Inc. for entry of default as to all defendants, MOTION by Plaintiff PRL USA Holdings, Inc. for default judgment as to all defendants (Gaudio, Justin) |
| Filing 34 PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 11/18/2019:Emailed notice(slb, ) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang:Status and motion hearing held on Plaintiff's motion for preliminary injunction #30 . As discussed during the hearing, Plaintiff's motion for preliminary injunction #30 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 12/10/2019, 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 12/13/2019 at 9:30 a.m. The Clerk's Office shall unseal all sealed documents in this case.Emailed notice (slb, ) |
| Filing 32 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #30 before Honorable Edmond E. Chang on 11/18/2019 at 09:30 AM. (Gaudio, Justin) |
| Filing 31 MEMORANDUM by PRL USA Holdings, Inc. in support of motion for preliminary injunction #30 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 30 MOTION by Plaintiff PRL USA Holdings, Inc. for preliminary injunction (Gaudio, Justin) |
| Filing 29 SUMMONS Returned Executed by PRL USA Holdings, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 11/14/2019, answer due 12/5/2019. (Attachments: #1 Declaration of Abby Neu)(Neu, Abby) |
| Filing 28 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by Abby Marie Neu (Neu, Abby) |
| BOND in the amount of $ $10,000.00, Receipt#4624233073 posted by PRL USA Holdings, Inc. (yt) |
| SUMMONS Issued as to Defendant XIE JI PING d/b/a HRUTRADE.TOP and all other Defendants identified in the Amended Complaint. (acm, ) |
| Filing 27 [PUBLIC] TEMPORARY Restraining Order Signed by the Honorable Edmond E. Chang on 11/4/2019:Emailed notice(slb, ) |
| Filing 26 [SEALED] TEMPORARY Restraining Order Signed by the Honorable Edmond E. Chang on 11/4/2019:(slb, ) |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for temporary restraining order and other relief #12 . Plaintiff's motion for leave to file documents under seal #6 is granted. For the reasons stated in open court and in the order to be docketed, Plaintiff's motion for temporary restraining order and other relief #12 is granted. The temporary restraining order will be entered in a separate entry: there will be a temporarily sealed version with Schedule A and a publicly available redacted version. The Court notes that joinder appears to be proper in light of the registrant name. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to Defendants, who likely would seek to transfer the money elsewhere. Plaintiff's motion to serve Defendants by electronic means #18 is granted. Plaintiff's motion for expedited discovery is granted. The motion for renewal of the TRO or a motion for preliminary injunction to be noticed for 11/18/2019, but shall be filed by 11/14/2019. Status hearing set for 11/18/2019 at 9:30 a.m. Emailed notice (slb, ) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang:On the Court's own initiative, the hearing time for the motions is reset to 9 a.m. on the same date, 11/04/2019. Emailed notice (slb, ) |
| Filing 23 Notice of Claims Involving Trademarks by PRL USA Holdings, Inc. (Gaudio, Justin) |
| Filing 22 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PRL USA Holdings, Inc. (Gaudio, Justin) |
| Filing 21 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order #12 , motion for miscellaneous relief #18 , motion for leave to file #6 before Honorable Edmond E. Chang on 11/4/2019 at 08:30 AM. (Gaudio, Justin) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by PRL USA Holdings, Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff PRL USA Holdings, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff PRL USA Holdings, Inc. Exhibit 3 regarding declaration #15 (Gaudio, Justin) |
| Filing 16 SEALED EXHIBIT by Plaintiff PRL USA Holdings, Inc. Exhibit 2 regarding declaration #15 (Gaudio, Justin) |
| Filing 15 DECLARATION of Derek Morales regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1)(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 PRL USA Holdings, Inc. in support of motion for temporary restraining order #12 (Gaudio, Justin) |
| Filing 12 MOTION by Plaintiff PRL USA Holdings, Inc. 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 Plaintiff PRL USA Holdings, Inc. Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Schedule A)(Gaudio, Justin) |
| Filing 10 SEALED EXHIBIT by Plaintiff PRL USA Holdings, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 9 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. (las, ) |
| Filing 8 E-MAILED to plaintiff(s) counsel Lanham Mediation Program materials (las, ) |
| Filing 7 E-MAILED trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 exhibits)(las, ) |
| Filing 6 MOTION by Plaintiff PRL USA Holdings, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 5 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 4 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiff PRL USA Holdings, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 2 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by PRL USA Holdings, Inc.; Filing fee $ 400, receipt number 0752-16380485. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Schedule A)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (yt) |
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