ABC Corporation et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| GHI Corporation, ABC Corporation, DEF Corporation and Sugartown Worldwide LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2020cv03286 |
| June 3, 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 July 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 07/27/2020. Emailed notice (mw, ) |
| Filing 44 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction #39 is granted, in light of the same circumstances that justified the TRO's issuance. Given the answer deadline of 08/14/2020, the status hearing of 07/31/2020 is reset to 08/28/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if the answer is not filed by 08/14/2020, then Defendants shall be deemed in default, and the Plaintiff shall file the motion for default judgment in a sum certain by 08/21/2020. Emailed notice (mw, ) |
| Filing 43 STATUS Report by Sugartown Worldwide LLC (Gaudio, Justin) |
| Filing 42 SUMMONS Returned Executed by Sugartown Worldwide LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 7/24/2020, answer due 8/14/2020. (Attachments: #1 Declaration of RiKaleigh C. Johnson)(Johnson, RiKaleigh) |
| Filing 41 NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction #39 before Honorable Edmond E. Chang on 7/31/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 40 MEMORANDUM by Sugartown Worldwide LLC in support of motion for preliminary injunction #39 (Attachments: #1 Declaration of Justin R. Gaudio, #2 Exhibit 1)(Gaudio, Justin) |
| Filing 39 MOTION by Plaintiff Sugartown Worldwide LLC for preliminary injunction (Gaudio, Justin) |
| Filing 38 ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Abby Marie Neu (Neu, Abby) |
| Filing 37 ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 36 ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 35 ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Justin R. Gaudio (Gaudio, Justin) |
| NEW PARTIES: Sugartown Worldwide LLC added to case caption. Terminating GHI Corporation, ABC Corporation and DEF Corporation (Gaudio, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (cp, ) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's extension motion on the TRO #30 is granted through 07/30/2020. The same factors that supported the initial TRO's issuance remain in place, and more time is needed to effectuate the initial TRO. The status hearing of 07/24/2020 is reset to 07/31/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, Plaintiff shall file the motion for preliminary injunction by 07/24/2020, along with a status report on the progress of electronic service. Emailed notice (mw, ) |
| Filing 32 NOTICE of Motion by Justin R. Gaudio for presentment of extension of time #30 before Honorable Edmond E. Chang on 7/24/2020 at 08:30 AM. (Gaudio, Justin) |
| Filing 31 MEMORANDUM by ABC Corporation in support of extension of time #30 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Filing 30 MOTION by Plaintiff ABC Corporation for extension of time of Temporary Restraining Order (Gaudio, Justin) |
Filing 29
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. (Clerk10, Docket)
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| Filing 34 REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 7/2/2020: Emailed notice (mw, ) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion #13 for leave to file under seal is granted. Plaintiff's motion #16 for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery is granted. An order will be entered under seal separately. Joinder is proper after the filing of the Amended Complaint. 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. By 07/09/2020, Plaintiffs shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). Plaintiff's motion #21 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 07/24/2020 at 8:30 a.m. Plaintiffs shall file the TRO extension motion (or a preliminary injunction motion) on 07/13/2020, noticed for presentment at the next status hearing date and time. Emailed notice (mw, ) |
| Filing 27 TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/02/2020.Emailed notice (mw, ) Modified on 7/28/2020 (bg, ). |
| Filing 26 NOTICE by ABC Corporation re MOTION by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation for leave to file under seal #13 , SEALED MOTION by Plaintiff ABC Corporation for Entry of a Temporary Restraining Order, including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery #16 , SEALED MOTION by Plaintiff ABC Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #21 (Gaudio, Justin) |
| Filing 25 NOTICE by Plaintiff ABC Corporation Notice of Claims Involving Trademarks (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 24 NOTIFICATION by Plaintiff ABC Corporation Notification of Affiliates pursuant to Local Rule 3.2 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 23 DECLARATION by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding #22 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 22 MEMORANDUM by Plaintiff ABC Corporation Memorandum in Support of Motion (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 21 MOTION by Plaintiff ABC Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 20 EXHIBIT by Plaintiff ABC Corporation Exhibit 3 regarding sealed document #19 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 19 DECLARATION by Plaintiff ABC Corporation Declaration of Plaintiff's Representative Regarding #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 18 DECLARATION by Plaintiff ABC Corporation Declaration of Justin R. Gaudio regarding #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 17 MEMORANDUM by Plaintiff ABC Corporation Memorandum in Support of Motion (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 16 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) Modified on 7/28/2020 (bg, ). |
| Filing 15 AMENDED COMPLAINT by Plaintiff ABC Corporation Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Schedule A)(Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 13 MOTION by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation for leave to file under seal (Gaudio, Justin) |
| Filing 12 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation by Abby Marie Neu (Neu, Abby) |
| Filing 11 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation by RiKaleigh C. Johnson (Johnson, RiKaleigh) |
| Filing 10 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 9 ATTORNEY Appearance for Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation by Justin R. Gaudio (Gaudio, Justin) |
| Filing 8 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 7 SCHEDULE A by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 6 EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation Exhibit 5 regarding complaint #1 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 5 EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation Exhibit 4 regarding complaint #1 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 4 EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation Exhibit 3 regarding complaint #1 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 3 EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation Exhibit 2 regarding complaint #1 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 2 EXHIBIT by Plaintiffs ABC Corporation, DEF Corporation, GHI Corporation Exhibit 1 regarding complaint #1 (Gaudio, Justin) Modified on 7/28/2020 (bg, ). |
| Filing 1 COMPLAINT filed by ABC Corporation, GHI Corporation, DEF Corporation; Filing fee $ 400, receipt number 0752-17078100. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8)(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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Filing 14
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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