Volkswagen Group of America, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Volkswagen Group of America, Inc. and ABC Corporation |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", Litie, das-mart, lacey066, MODIPIM, qiqi11365, MODA1, ranyue1885, JiangJing, RISHENG KEJI, XY Electronics Store, zhanghaiqin8625, sholer, fashionhappystore, ldfgihj, REALLYSHOP, vaoo5731, Numero, Aukur-US, lihua6418, zhuyeye, Xihuanlike, yuting12959, cx_fowzcf, wangdongxu, Klinee-Auto, Chop the hand, wallyshop, CARPAPA, Shenzhen Mercury E-Commerce Co., Ltd, vipzone2013, maisizhineng01, Nick-lin store, ExcellentGoods, jiuqiong-1991, mishiyingbindengshangxing, jian-6865, FLYEEGO, jytp, pinzhishangchang, Chasedreamtradeltd, CAOXINGQIAN43, LT co., LTD., carfriends-911, Linda L Shop, engraver-cutter-solution, Auto world, aisling327, log2trade, cpautoparts2, SYXL888, niuniu, hopebean2007, qingyud-23, GoodFound, AgileDragon, chenting550661, zhizhi beauty, Y&W Happy Store, Sawlong, Lucky year, aaaaabeauty, xingjing51413, jump-starter-factory, Dajili, Fationshop, xiangyiqiu, dorashow, ZOORG, rain1903, aAlaska, Meet_666, FEISIQI-BEST DEAL, Feng Ma Trade Co. LTD, jewelsclub, lidewang, JSAMZ, dreamhigh2018, wozhanghui, carptahauto, Foresee Network, colorfulworldprinting, Yun Science, Kinghall Technoligy, effortagain, shen qin, xie4929, zyl5211314, LUGKY, RAINCITY, lihuaau_22, cold_white, AnAnhoneystore, guangzhouajun, eb2999, dreamhouseye91, ebuying005, llhmykj, 15oceaneshop, equinox, pirol zheng, chenshuyun1965, xinyubaozhuangzhipin, zhanglanfang, OhSRCool, OutletCountry, ebuying066, J&M House, Cool Science, Auto Parts, yasudy and BearFire Outdoor |
| 1:2020cv03128 |
| May 27, 2020 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
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Filing 110
MEMORANDUM Opinion and Order. Signed by the Honorable John F. Kness on 1/3/2023. Mailed notice(smm,)
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Filing 109
MINUTE entry before the Honorable John F. Kness: For the reasons provided in the accompanying Memorandum Opinion and Order, which is being entered separately, the Court denies the Motion to Amend Final Judgment #95 filed by Intervenor Beijing Chinasigns Information Co., Ltd. The Motion to Exclude #102 filed by Plaintiff Volkswagen Group of America, Inc. is dismissed as moot. This case remains closed. Mailed notice (smm,)
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Filing 108
ATTORNEY Appearance for Intervenor Beijing Chinasigns Information Co., Ltd. by David Kleinrodick Radkin (Radkin, David)
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Filing 107
REPLY by Volkswagen Group of America, Inc. to response in opposition to motion, #106 (Gaudio, Justin)
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Filing 106
RESPONSE by Beijing Chinasigns Information Co., Ltd.in Opposition to MOTION by Plaintiff Volkswagen Group of America, Inc. to Exclude Opinion of Xiaoqi Guo MOTION by Plaintiff Volkswagen Group of America, Inc. to strike Exhibit 1 [101-1] #102 (Saper, Daliah)
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Filing 105
MINUTE entry before the Honorable John F. Kness: Any responses to Plaintiff's motion to strike #102 must be filed on or before 11/3/2021 and any replies must be filed on or before 11/10/2021. Mailed notice (ef, )
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Filing 104
Statement Regarding Plaintiff's Motion to Exclude STATEMENT by Beijing Chinasigns Information Co., Ltd. (Saper, Daliah)
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Filing 103
Statement regarding Motion to Exclude Opinion of Xiaoqi Guo and to Strike Exhibit 1 to Reply in Support of Intervenor Beijing Chinasigns Information Co., Ltd.'s Motion to Amend Final Judgment Pursuant to Fed. R. Civ. P. 60(b)(6) #102 STATEMENT by Volkswagen Group of America, Inc. (Gaudio, Justin)
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Filing 102
MOTION by Plaintiff Volkswagen Group of America, Inc. to Exclude Opinion of Xiaoqi Guo , MOTION by Plaintiff Volkswagen Group of America, Inc. to strike Exhibit 1 [101-1] (Gaudio, Justin)
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Filing 101
REPLY by Beijing Chinasigns Information Co., Ltd. to response in opposition to motion, #100 (Attachments: #1 Exhibit 1)(Saper, Daliah)
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Filing 100
RESPONSE by Volkswagen Group of America, Inc.in Opposition to MOTION by Intervenor Beijing Chinasigns Information Co., Ltd. to amend/correct Motion to Amend Final Judgment #95 (Attachments: #1 Declaration of Allyson Martin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Gaudio, Justin)
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Filing 99
MINUTE entry before the Honorable John F. Kness: Plaintiff's response to the motion to amend final judgment #95 is due by 9/30/2021; BCI's reply by 10/14/2021. Mailed notice (ags)
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Filing 98
Statement Regarding Briefing Schedule STATEMENT by Beijing Chinasigns Information Co., Ltd. (Saper, Daliah)
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Filing 97
DECLARATION of Liu Yanhang regarding motion to amend/correct #95 (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 (Submitted Via Flash Drive), #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 (Submitted Via Flash Drive))(Saper, Daliah)
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Filing 96
Memorandum in Support of Motion to Amend Final Judgment by Beijing Chinasigns Information Co., Ltd. (Attachments: #1 Declaration of Xia Xuesong, #2 Declaration of Cai Liwei, #3 Declaration of Kong Deyun, #4 Declaration of Yin Fenglan, #5 Declaration of Liu Yang, #6 Declaration of Liu Lian)(Saper, Daliah)
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Filing 95
MOTION by Intervenor Beijing Chinasigns Information Co., Ltd. to amend/correct Motion to Amend Final Judgment (Saper, Daliah)
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Filing 94
MINUTE entry before the Honorable John F. Kness: In light of the Court's ruling #88 #89 on the motion to intervene, the motion to expedite #77 and motion to strike #79 are denied as moot. Mailed notice (ef, )
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Filing 93
MINUTE entry before the Honorable John F. Kness: Before the Court is the parties' joint status report on discovery (Dkt. 92). Because the parties' proposed schedule for the limited reopening of discovery is reasonable, the Court adopts it and will enter a separate scheduling order accordingly. The status hearing set for 5/27/2021 is unnecessary and is stricken. Mailed notice (jk)
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Filing 92
STATUS Report (Joint) by Volkswagen Group of America, Inc. (Gaudio, Justin)
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Filing 91
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 04/15/2021. For reasons stated on the record, parties must meet and confer and file a joint initial status report on the limited reopening of discovery by 5/18/2021 to include the following: (a) the status of outstanding discovery regarding BCI's claims, (b) a proposed discovery schedule as to those claims; and (c) whether additional depositions will be required and if so, a proposed deposition schedule. Joint Initial Status report template is available on Judge Kness's webpage at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg==. A continued status hearing is set for 5/27/2021 at 10:15 a.m. The following call-in number will be used for the status hearing: 888-684-8852, conference code 3796759#. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. (pk, )
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Filing 90
MINUTE entry before the Honorable John F. Kness: A telephone status hearing is set for 4/15/2021 at 11:15 a.m. Counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. (jj, )
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Filing 89
MEMORANDUM Opinion and Order. Signed by the Honorable John F. Kness on 3/26/2021. Mailed notice. (jj, )
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Filing 88
MINUTE entry before the Honorable John F. Kness: Third-Party Beijing Chinasigns Information Co., Ltd's motion to intervene (doc. #70 ) is granted. Enter Memorandum Opinion and Order. Mailed notice. (jj, )
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Filing 87
ENTERED in Error. Mailed notice (ef, ) Modified on 3/24/2021 (ef, ).
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Filing 86
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 3/23/2021. Counsel for Plaintiffs appeared and counsel for Intervenor Beijing Chinasigns Information Co., Ltd. appeared. As stated on the record, the Court's written ruling on the pending intervention-related motions will issue by mail. Mailed notice (ef, )
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Filing 85
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing set for 3/23/2021 at 10:30 AM. The parties shall use the same call-in information #82 . Mailed notice (ef, )
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Filing 84
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 3/16/2021. Counsel for Plaintiffs appeared and counsel for Intervenor Beijing Chinasigns Information Co., Ltd. appeared. The Court heard oral argument on the motion to intervene #70 as well as the other pending motions #77 #79 . The motions are taken under advisement. Ruling by mail. Mailed notice (ef, )
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Filing 83
ATTORNEY Appearance for Intervenor Beijing Chinasigns Information Co., Ltd. by Theodore Joseph Chiacchio (Chiacchio, Theodore)
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Filing 82
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing on the motion to intervene #70 set for 3/16/2021 at 10:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 81
FULL SATISFACTION of Judgment regarding order #66 in the amount of $200,000 as to certain defendant (Martin, Allyson)
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Filing 80
FULL SATISFACTION of Judgment regarding order #66 in the amount of $200,000 as to certain defendant (Martin, Allyson)
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Filing 79
MOTION by Plaintiff Volkswagen Group of America, Inc. to strike MOTION by Intervenor Beijing Chinasigns Information Co., Ltd. to expedite Consideration of Its Motion to Intervene #77 (Gaudio, Justin)
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Filing 78
BCI's Motion for Expedited Consideration of Its Motion to Intervene NOTICE of Motion by Daliah Saper for presentment of (Saper, Daliah)
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Filing 77
MOTION by Intervenor Beijing Chinasigns Information Co., Ltd. to expedite Consideration of Its Motion to Intervene (Saper, Daliah)
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Filing 76
FULL SATISFACTION of Judgment regarding order #66 in the amount of $200,000 as to certain defendant (Martin, Allyson)
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Filing 75
REPLY by Beijing Chinasigns Information Co., Ltd. to response in opposition to motion, #73 , MOTION by Intervenor Beijing Chinasigns Information Co., Ltd. to intervene #70 (Attachments: #1 Declaration Supplemental Declaration of Liu Yanhang)(Saper, Daliah)
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Filing 74
NOTICE by Volkswagen Group of America, Inc. re response in opposition to motion, #73 (Gaudio, Justin)
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Filing 73
RESPONSE by Volkswagen Group of America, Inc.in Opposition to MOTION by Intervenor Beijing Chinasigns Information Co., Ltd. to intervene #70 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Gaudio, Justin)
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Filing 72
ATTORNEY Appearance for Intervenor Beijing Chinasigns Information Co., Ltd. by Brandon Matthew Beymer (Beymer, Brandon)
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Filing 71
MINUTE entry before the Honorable John F. Kness: Motion by intervenor Beijing Chinasigns Information Co. to intervene #70 is briefed as follows: plaintiff's response due by 10/8/20; intervenor's reply due by 10/26/20.Mailed notice (mjc, )
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Filing 70
MOTION by Intervenor Beijing Chinasigns Information Co., Ltd. to intervene (Attachments: #1 Exhibit 1, #2 Declaration Liu Yanhang)(Saper, Daliah)
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Filing 69
ATTORNEY Appearance for Intervenor Beijing Chinasigns Information Co., Ltd. by Daliah Saper (Saper, Daliah)
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Filing 68
MAILED trademark report with certified copy of minute order dated 9/1/2020 to Patent Trademark Office, Alexandria, VA. (Attachments: #1 certified order, #2 certified judgment order) (bg, )
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Filing 67
ENTERED JUDGMENT signed by the Honorable John F. Kness on 9/1/2020. Mailed notice (ags)
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Filing 66
DEFAULT JUDGMENT ORDER signed by the Honorable John F. Kness on 9/1/2020. Mailed notice (ags)
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Filing 65
MINUTE entry before the Honorable John F. Kness: Plaintiff's motions for entry of default and default judgment #54 #62 are granted. The Court enters default judgment against all Defendants identified in Schedule A. Enter separate default judgment order. Civil case terminated. Mailed notice (ags)
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Filing 64
NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default as to Defendants colorfulworldprinting and engraver-cutter-solutionMOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to Defendants colorfulworldprinting and engraver-cutter-solution #62 (Gaudio, Justin)
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Filing 63
MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for entry of default, motion for default judgment #54 , motion for entry of default,, motion for default judgment, #62 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin)
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Filing 62
MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default as to Defendants colorfulworldprinting and engraver-cutter-solution, MOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to Defendants colorfulworldprinting and engraver-cutter-solution (Gaudio, Justin)
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Filing 61
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant (Martin, Allyson)
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Filing 60
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant (Martin, Allyson)
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Filing 59
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 8/20/2020. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment #54 is entered and continued to 9/22/2020 at 9:45 AM as a telephonic motion hearing. Counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. (ym, )
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Filing 58
MINUTE entry before the Honorable John F. Kness: A motion hearing on the motion for default judgment is set for 8/20/2020 at 10:10 a.m. and will be heard via telephone conference. Counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking Mailed notice (ags)
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Filing 57
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant (Martin, Allyson)
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Filing 56
NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default as to Certain DefendantsMOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to Certain Defendants #54 (Gaudio, Justin)
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Filing 55
MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for entry of default, motion for default judgment #54 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin)
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Filing 54
MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to Certain Defendants (Gaudio, Justin)
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Filing 53
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants (Martin, Allyson)
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Filing 52
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants (Martin, Allyson)
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Filing 51
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant (Martin, Allyson)
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Filing 50
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants (Martin, Allyson)
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Filing 49
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants (Martin, Allyson)
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Filing 48
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendants (Martin, Allyson)
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Filing 47
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant (Martin, Allyson)
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Filing 46
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket)
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Filing 45
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant (Martin, Allyson)
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NEW PARTIES: Aukur-US, BearFire Outdoor, CARPAPA, Dajili, FEISIQI-BEST DEAL, FLYEEGO, JiangJing, JSAMZ, Klinee-Auto, Linda L Shop, MODIPIM, pirol zheng, RISHENG KEJI, sholer, xinyubaozhuangzhipin, ZOORG, 15oceaneshop, aaaaabeauty, aisling327, carfriends-911, carptahauto, cold_white, colorfulworldprinting, cpautoparts2, cx_fowzcf, das-mart, dreamhigh2018, dreamhouseye91, eb2999, ebuying005, ebuying066, effortagain, engraver-cutter-solution, fashionhappystore, hopebean2007, jian-6865, jiuqiong-1991, jump-starter-factory, lacey066, lihua6418, lihuaau_22, log2trade, maisizhineng01, qingyud-23, rain1903, ranyue1885, vaoo5731, vipzone2013, xie4929, yasudy, yuting12959, aAlaska, AgileDragon, AnAnhoneystore, Auto Parts, Auto world, CAOXINGQIAN43, Chasedreamtradeltd, chenshuyun1965, chenting550661, Chop the hand, Cool Science, dorashow, equinox, ExcellentGoods, Fationshop, Feng Ma Trade Co. LTD, Foresee Network, GoodFound, guangzhouajun, J&M House, jewelsclub, jytp, Kinghall Technoligy, ldfgihj, lidewang, Litie, llhmykj, LT co., LTD., Lucky year, LUGKY, Meet_666, mishiyingbindengshangxing, MODA1, Nick-lin store, niuniu, Numero, OhSRCool, OutletCountry, pinzhishangchang, qiqi11365, RAINCITY, REALLYSHOP, Sawlong, shen qin, Shenzhen Mercury E-Commerce Co., Ltd, SYXL888, wallyshop, wangdongxu, wozhanghui, xiangyiqiu, Xihuanlike, xingjing51413, XY Electronics Store, Y&W Happy Store, Yun Science, zhanghaiqin8625, zhanglanfang, zhizhi beauty, zhuyeye and zyl5211314 added to case caption. (Ziegler, Amy)
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Filing 44
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 6/25/2020. Mailed notice(ef, )
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Filing 43
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction #39 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #41 , #42 that it provided electronic notice to defendants of its motion for a preliminary injunction, but no appearance or objection has been filed on behalf of any defendant. Enter preliminary injunction order. The clerk shall unseal all sealed filings. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. Mailed notice (ef, )
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Filing 42
SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/23/2020, answer due 7/14/2020. (Attachments: #1 Declaration of Thomas J. Juettner)(Juettner, Thomas)
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Filing 41
NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction #39 (Gaudio, Justin)
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Filing 40
MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for preliminary injunction #39 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin)
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Filing 39
MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction (Gaudio, Justin)
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Filing 38
NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to a Certain Defendant (Gaudio, Justin)
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A". (ng, )
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Filing 37
EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/11/2020. Mailed notice(ef, )
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Filing 36
MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex Parte Motion for Extension of Time of Temporary Restraining Order #33 is granted. Enter order. Mailed notice (ef, )
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Filing 35
NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order (Ex Parte) #33 (Gaudio, Justin)
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Filing 34
MEMORANDUM by Volkswagen Group of America, Inc. in support of extension of time #33 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin)
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Filing 33
MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order (Ex Parte) (Gaudio, Justin)
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Filing 32
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 5/29/2020. (td, )
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Filing 31
MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order #17 and motion for electronic service of process #22 are granted. For the purpose of these motions, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, )
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Filing 30
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #9 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file the following documents entirely under seal: Exhibit 1 to the Complaint #2 ; Schedule A attached to the Complaint and Amended Complaint #3 #16 ; Plaintiff's Motion for Entry of a Temporary Restraining Order and associated filings #17 #18 #19 #20 #21 ; and Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3), and associated filings #22 #23 #24 . Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity; Plaintiff's ex parte motion for preliminary injunctive relief will be adjudicated promptly, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given this protection of Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity and that of its asserted trademarks, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Accordingly, Plaintiff may only file under seal a redacted version of the Amended Complaint that discloses its name and asserted trademarks. For the same reasons, that portion of the motion to file under seal relating to Plaintiff's Notification of Affiliates #26 and Plaintiff's Notice of Claims Involving Trademarks #27 is denied. Mailed notice (ef, )
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Filing 29
MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 (List of Trademarks)) (ph, )
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Filing 28
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. (ph, )
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Filing 27
Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc. (Gaudio, Justin)
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Filing 26
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc. (Gaudio, Justin)
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Filing 25
NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #17 , MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #22 , MOTION by Plaintiff ABC Corporation for leave to file under seal #9 (Gaudio, Justin)
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Filing 24
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 23
MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for miscellaneous relief #22 (Gaudio, Justin)
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Filing 22
MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin)
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Filing 21
SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Exhibit 3 - Parts 1-7 regarding declaration #20 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4, #5 Exhibit 3-5, #6 Exhibit 3-6, #7 Exhibit 3-7)(Gaudio, Justin)
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Filing 20
DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
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Filing 19
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin)
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Filing 18
MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for temporary restraining order #17 (Gaudio, Justin)
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Filing 17
MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin)
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Filing 16
SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding amended complaint, #15 (Gaudio, Justin)
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Filing 15
AMENDED complaint by Volkswagen Group of America, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin)
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Filing 14
ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Thomas Joseph Juettner (Juettner, Thomas)
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Filing 13
ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Allyson M. Martin (Martin, Allyson)
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Filing 12
ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler (Ziegler, Amy)
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Filing 11
ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio (Gaudio, Justin)
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Filing 9
MOTION by Plaintiff ABC Corporation for leave to file under seal (Gaudio, Justin)
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Filing 8
ATTORNEY Appearance for Plaintiff ABC Corporation by Thomas Joseph Juettner (Juettner, Thomas)
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Filing 7
ATTORNEY Appearance for Plaintiff ABC Corporation by Allyson M. Martin (Martin, Allyson)
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Filing 6
ATTORNEY Appearance for Plaintiff ABC Corporation by Amy Crout Ziegler (Ziegler, Amy)
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Filing 5
ATTORNEY Appearance for Plaintiff ABC Corporation by Justin R. Gaudio (Gaudio, Justin)
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Filing 4
CIVIL Cover Sheet (Gaudio, Justin)
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Filing 3
SEALED EXHIBIT by Plaintiff ABC Corporation Schedule A regarding complaint #1 (Gaudio, Justin)
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Filing 2
SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 1 regarding complaint #1 (Gaudio, Justin)
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Filing 1
COMPLAINT filed by ABC Corporation; Filing fee $ 400, receipt number 0752-17057495. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Gaudio, Justin)
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NEW PARTIES: Volkswagen Group of America, Inc. added to case caption. Terminating ABC Corporation (Gaudio, Justin)
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (acm, )
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Filing 10
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 (ec, )
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