ABC Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| ABC Corporation and H-D U.S.A., LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", DPSUPR Factory Store and The Individuals and Entities Operating DPSUPR Factory Store |
| 1:2020cv02169 |
| April 7, 2020 |
| 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 May 26, 2020. A more recent docket listing may be available from PACER.
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Filing 41
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, )
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| NEW PARTIES: DPSUPR Factory Store and The Individuals and Entities Operating DPSUPR Factory Store added to case caption. (Ziegler, Amy) |
| Filing 40 PERMANENT INJUNCTION Signed by the Honorable Edmond E. Chang on 05/21/2020. Mailed notice (mw, ) |
| Filing 39 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion for preliminary injunction #36 is granted. The same factors that supported the entry of the TRO remain in place. In light of the answer deadline of 06/09/2020, the status hearing of 05/26/2020 is reset to 06/25/2020 at 9:15 a.m. If held, the status hearing will be held telephonically. The parties shall provide a contact number to the courtroom deputy (Michael_Wing@ilnd.uscourts.gov) by 1:00 p.m. on the prior business day. If Defendants are in default after the answer deadline, then they are deemed in default and Plaintiff shall file a default-judgment motion by 06/12/2020. Any response from Defendants is due by 06/17/2020. The Court anticipates deciding the motion (if filed) before the next status hearing. Mailed notice (mw, ) |
| Filing 38 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #36 before Honorable Edmond E. Chang on 5/26/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 37 MEMORANDUM by H-D U.S.A., LLC in support of motion for preliminary injunction #36 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 36 MOTION by Plaintiff H-D U.S.A., LLC for preliminary injunction (Gaudio, Justin) |
| Filing 35 SUMMONS Returned Executed by H-D U.S.A., LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/19/2020, answer due 6/9/2020. (Attachments: #1 Declaration of Martin F. Trainor)(Trainor, Martin) |
| Filing 34 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Martin Francis Trainor (Trainor, Martin) |
| Filing 33 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 32 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 31 ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Justin R. Gaudio (Gaudio, Justin) |
| NEW PARTIES: H-D U.S.A., LLC added to case caption. Terminating ABC Corporation (Gaudio, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, ) |
| Filing 30 MINUTE entry before the Honorable Edmond E. Chang: On review of Plaintiffs' motion to renew the TRO #27 , the same circumstances that justified the initial TRO continue to justify the renewal. The TRO is extended through 05/26/2020. The status hearing of 05/12/2020 is reset to 05/26/2020 at 8:30 a.m., but that is to track the case only. Plaintiffs' shall file the motion for preliminary injunction, if needed, by 05/19/2020, noticed for presentment at the tracking status hearing. Emailed notice (mw, ) |
| Filing 29 NOTICE of Motion by Justin R. Gaudio for presentment of extension of time #27 before Honorable Edmond E. Chang on 5/12/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 28 MEMORANDUM by ABC Corporation in support of extension of time #27 (Attachments: #1 Exhibit of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 27 MOTION by Plaintiff ABC Corporation for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Filing 26 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/28/2020.Mailed notice (mw, ) |
| Filing 25 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/28/2020. Mailed notice (mw, ) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion for leave to file under seal #8 is granted. Plaintiff's motion for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #11 is granted. An order will be entered under seal separately. 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, Defendant 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. By 05/01/2020, Plaintiffs shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Schedule A). Plaintiff's motion for electronic service of process is granted. Status hearing set for 05/12/2020 at 8:30 a.m., but that is only to track the case. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/06/2020, noticed for presentment at the status hearing date and time (again, that will only be to track the case). For the time being, under the current public-health conditions, Plaintiff shall continue to use the non-party deadline of 10 business days. Mailed notice (mw, ) |
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Filing 23
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
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| Filing 21 SEALED DOCUMENT by Plaintiff ABC Corporation Notice of Claims Involving Trademarks (Gaudio, Justin) |
| Filing 20 SEALED DOCUMENT by Plaintiff ABC Corporation Notification of Affiliates pursuant to Local Rule 3.2 (Gaudio, Justin) |
| Filing 19 NOTICE of Motion by Justin R. Gaudio for presentment of Sealed motion #11 , Sealed motion #16 , motion for leave to file #8 before Honorable Edmond E. Chang on 5/5/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 18 SEALED DOCUMENT by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 SEALED DOCUMENT by Plaintiff ABC Corporation Memorandum in Support of Motion (Gaudio, Justin) |
| Filing 16 SEALED MOTION by Plaintiff ABC Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 3 regarding sealed document #14 (Attachments: #1 Exhibit 3)(Gaudio, Justin) |
| Filing 14 SEALED DOCUMENT by Plaintiff ABC Corporation Declaration of Plaintiff's Representative Regarding #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 13 SEALED DOCUMENT by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 SEALED DOCUMENT by Plaintiff ABC Corporation Memorandum in Support of Motion (Gaudio, Justin) |
| Filing 11 SEALED MOTION by Plaintiff ABC Corporation for Entry of a Temporary Restraining Order, including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 10 SEALED DOCUMENT by Plaintiff ABC Corporation Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Schedule A)(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. (mc, ) |
| MAILED Trademark Request Letter to Plaintiff's counsel Justin R. Gaudio. (mc, ) |
| Filing 8 MOTION by Plaintiff ABC Corporation for leave to file under seal (Gaudio, Justin) |
| Filing 7 ATTORNEY Appearance for Plaintiff ABC Corporation by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 6 ATTORNEY Appearance for Plaintiff ABC Corporation by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiff ABC Corporation by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 SEALED EXHIBIT by Plaintiff ABC Corporation Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 2 SEALED DOCUMENT by Plaintiff ABC Corporation Exhibit 1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by ABC Corporation; Filing fee $ 400, receipt number 0752-16916238. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (acm, ) |
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