George & Company LLC v. Bekavac et al
| George & Company LLC |
| Bekavac Trading Company, Inc., John Does, ABC Companies, Jane Does and Daniel Bekavac |
| 1:2020cv04673 |
| August 7, 2020 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Trademark |
| 15 U.S.C. § 44 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 TRANSCRIPT OF PROCEEDINGS held on September 20, 2021, before the Honorable John Robert Blakey. Order Number: 41729. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/26/2021. Redacted Transcript Deadline set for 11/5/2021. Release of Transcript Restriction set for 1/3/2022. (Lacien, Laura) |
| Filing 45 MINUTE entry before the Honorable John Robert Blakey: Telephonic show cause hearing held on 9/20/2021. Defendant Daniel Bekavac present via telephone. Parties shall meet and confer regarding liquidated damages and the scheduling of the remaining payments and contact the Courtroom Deputy. Mailed notice (gel, ) |
| Filing 44 MINUTE entry before the Honorable John Robert Blakey: In person show cause hearing previously set for 9/20/2021 at 11:00 a.m. is reset for 9/20/2021 at 1:00 p.m. via telephone. Plaintiff's counsel and Defendant shall call into 877-402-9753 and utilize participant code 9955840. Mailed notice (gel, ) |
| Filing 43 MINUTE entry before the Honorable John Robert Blakey: Case called for a show cause hearing on 9/9/2021. Defendant Daniel Bekavac failed to appear and failed to notify Chambers of any scheduling conflicts. Show cause hearing reset for 9/20/2021 at 11:00 a.m. in Courtroom 1241. Plaintiff shall personally serve a copy of this order on Mr. Bekavac. Mr. Bekavac is ordered to appear either personally or through new counsel. If Mr. Bekavac fails to appear a warrant may issue for his arrest. Mailed notice (gel, ) |
| Filing 42 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for a hearing on a rule to show cause #40 , which it construes as a motion to enforce the parties' settlement agreement. Defendant Daniel Bekavac shall appear (personally or through counsel) in Courtroom 1203 on 9/9/21 at 11:00 a.m. concerning his failure to comply with the settlement agreement, incorporated into this Court's consent judgment and permanent injunction entered 6/14/21 #39 . Mailed notice (np, ) |
| Filing 41 NOTICE of Motion by Michael Scott Davis for presentment of motion for rule to show cause #40 before Honorable John Robert Blakey on 9/9/2021 at 11:00 AM. (Davis, Michael) |
| Filing 40 MOTION by Plaintiff George & Company LLC for rule to show cause (Davis, Michael) |
| Filing 39 Consent Judgment and Permanent Injunction Signed by the Honorable John Robert Blakey on 6/14/2021. Mailed notice(gel, ) |
| Filing 38 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of dismissal #35 , the Court hereby dismisses this case without prejudice as to Defendant Bekavac Trading Company, Inc. under Rule 41(a). Additionally, the Court grants Plaintiff George & Company LLC and Defendant Daniel Bekavac's joint motion for entry of consent judgment and permanent injunction. Enter Consent Judgment and Permanent Injunction Order. All set dates and deadlines, including the 6/17/21 Notice of Motion date and the 10/15/21 status report deadline, are stricken. Civil case terminated. Mailed notice (gel, ) |
| Filing 37 NOTICE of Motion by Adam Edward Urbanczyk for presentment of motion for miscellaneous relief, motion for permanent injunction #36 before Honorable John Robert Blakey on 6/17/2021 at 11:00 AM. (Urbanczyk, Adam) |
| Filing 36 MOTION by Plaintiff George & Company LLC , MOTION by Plaintiff George & Company LLC for permanent injunction and consent judgment (Urbanczyk, Adam) |
| Filing 35 NOTICE of Voluntary Dismissal by George & Company LLC (Urbanczyk, Adam) |
| Filing 34 MINUTE entry before the Honorable John Robert Blakey: Defendant having now answered, the Court hereby sets the following case management dates: the parties shall exchange Rule 26(a)(1) disclosures by 5/14/21, issue written discovery by 6/1/21, and complete fact discovery by 11/5/21; the deadline to amend pleadings (to add claims, parties, etc.) is 9/1/21. The parties shall file an updated status report by 10/15/21 confirming that they are on track to meet the 11/5/21 fact discovery deadline, indicating whether they require expert discovery, and indicating whether either side plans to seek summary judgment. If the parties determine at any time that a settlement conference would be fruitful, they should contact Chambers, and this Court will make a referral to the assigned Magistrate Judge for that purpose. Mailed notice (dal, ) |
| Filing 33 ANSWER to Complaint by Daniel Bekavac(Boundas, Thomas) |
| Filing 32 MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant Daniel Bekavac's motion to vacate #30 and hereby vacates the default judgment entered 12/3/20 #21 as to this Defendant. Defendant Bekavac shall answer the complaint by 4/2/21. Mailed notice (gel, ) |
| Filing 31 MEMORANDUM by Daniel Bekavac in support of motion to vacate #30 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Boundas, Thomas) |
| Filing 30 MOTION by Defendant Daniel Bekavac to vacate order on motion for miscellaneous relief,,,,,,,,,, terminate deadlines,,,,,,,,, #24 Opposed (Boundas, Thomas) |
| Filing 29 ATTORNEY Appearance for Defendant Daniel Bekavac by Thomas T. Boundas (Boundas, Thomas) |
| Filing 28 CERTIFICATE of Service Citation to Discover Assets by Michael Scott Davis on behalf of George & Company LLC (Davis, Michael) |
| Filing 27 CITATION to Discover Assets issued as to Bekavac Trading Company Inc. (No Notice) (bg, ) |
| Filing 26 CITATION to Discover Assets issued as to Bekavac Trading Inc. (No Notice); Daniel Bekavac (No Notice). (aee, ) |
| Filing 25 ATTORNEY Appearance for Plaintiff George & Company LLC by Michael Scott Davis (Davis, Michael) |
| Filing 24 MINUTE entry before the Honorable John Robert Blakey: This Court entered a default judgment against Defendants on 12/3/20. See #21 . Plaintiff now moves to lift the automatic stay imposed under Federal Rule of Civil Procedure 62(a). See #22 . Rule 62(a) provides that "execution on a judgment and proceedings to enforce it are stayed for 30 days after its entry, unless the court orders otherwise." Fed. R. Civ. P. 62(a). "The purpose of Rule 62(a) is to stay execution of judgment... to afford litigants an ample period of time to consider whether to appeal, to file a motion for new trial, and/or to seek a stay of execution of judgment." Trustees of No. 142 Teamsters Union Pension Fund v. Actin, Inc., No. 2:19-CV-183-TLS-JEM, 2020 WL 1291674, at *1 (N.D. Ind. Mar. 17, 2020). But the rule gives courts the authority to dissolve the stay. Fed. R. Civ. P. 62(a) advisory committee's note to 2018 amendment. Here, Plaintiff represents that Defendant Bekavac "is under pressure from various other organizations concerning his business practices" and it submitted an October article (of unknown accuracy) indicating that players in a recent botched poker tournament Defendant Bekavac organized might be considering legal action. See [22-1]. While a concern over dissipation of assets may be a factor to consider in deciding a motion like Plaintiff's, the current record fails to show that a contemplated (but unfiled) lawsuit could lead to a dissipation of Bekavac's assets in the next three weeks. Additionally, Plaintiff says nothing about Defendant's asset pool, and the Court has no basis to find that the contemplated legal action would impact Defendants' ability to satisfy the judgment Plaintiff obtained. Plaintiff's representations simply do not trigger the requisite urgency justifying lifting the stay. It is true that Defendant Bekavac has failed to participate in this lawsuit. But he has already paid the price for his failure: the entry of default and a default judgment. Plaintiff's motion provides no basis to double down on that punishment. Accordingly, the Court denies Plaintiff's motion #22 . The 12/17/20 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 23 NOTICE of Motion by Adam Edward Urbanczyk for presentment of motion for miscellaneous relief #22 before Honorable John Robert Blakey on 12/17/2020 at 11:00 AM. (Urbanczyk, Adam) |
| Filing 22 MOTION by Plaintiff George & Company LLC to Lift Rule 62(a) Stay (Attachments: #1 Exhibit A, #2 Errata Unreported Opinions)(Urbanczyk, Adam) |
| Filing 21 DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 12/3/2020. Mailed notice(gel, ) |
| Filing 20 MINUTE entry before the Honorable John Robert Blakey: After proper service, Defendants have neither appeared nor responded, and thus, this Court grants Plaintiff's motion for default judgment #15 . Enter Default Judgment Order. Plaintiff shall file a status report by 12/18/20 indicating whether it will proceed against any Doe Defendant or whether, default judgment having been entered against the identified Defendants, this case can now be closed. Mailed notice (gel, ) |
| Filing 18 MINUTE entry before the Honorable John Robert Blakey: The Court takes under advisement Plaintiff's motion for default judgment #15 and strikes the 11/5/20 Notice of Motion date. Defendants shall file any response to the motion by 11/20/20. Mailed notice (gel, ) |
| Filing 17 NOTICE of Motion by Adam Edward Urbanczyk for presentment of motion for entry of default #15 before Honorable John Robert Blakey on 11/5/2020 at 11:00 AM. (Urbanczyk, Adam) |
| Filing 16 MEMORANDUM by George & Company LLC in support of motion for entry of default #15 (Attachments: #1 Exhibit A, #2 Declaration of Adam E. Urbanczyk, #3 Errata Unreported Opinions)(Urbanczyk, Adam) |
| Filing 15 MOTION by Plaintiff George & Company LLC for entry of default and default judgment (Urbanczyk, Adam) |
| Filing 19 MINUTE entry by the Clerk of the Court: Default is entered pursuant to FRCP 55(a) as to Daniel Bekavac and Bekavac Trading Company, Inc. for failure to answer or otherwise plead. Mailed notice (ph, ) |
| Filing 14 MINUTE entry before the Honorable John Robert Blakey: The Court's review of the docket in this case reveals that Defendants Daniel Bekavac and Bekavac Trading Company, Inc.have been served but have failed to answer or otherwise appear. The Court therefore directs the Clerk to enter Bekavac's and Bekavac Trading Company's default and will entertain an appropriate motion from Plaintiff. Mailed notice (gel, ) |
| Filing 13 STATUS Report by George & Company LLC (Urbanczyk, Adam) |
| Filing 12 SUMMONS Returned Executed by George & Company LLC as to Bekavac Trading Company, Inc. on 9/8/2020, answer due 9/29/2020. (Urbanczyk, Adam) |
| Filing 11 SUMMONS Returned Executed by George & Company LLC as to Daniel Bekavac on 9/30/2020, answer due 10/21/2020. (Urbanczyk, Adam) |
| Filing 10 MINUTE entry before the Honorable John Robert Blakey: The parties shall file an updated status report by 10/15/20 using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Alternatively, Plaintiff may file a motion for alternative service under Rule 4. Mailed notice (gel, ) |
| Filing 9 STATUS Report , Initial by George & Company LLC (Urbanczyk, Adam) |
| Filing 8 CERTIFICATE of Service by Adam Edward Urbanczyk on behalf of George & Company LLC regarding complaint #3 , alias summons issued (Urbanczyk, Adam) |
| ALIAS Summons Issued as to Defendant Bekavac Trading Company, Inc.. (jn, ) |
| Filing 7 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 9/17/2020, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| Filing 5 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (lma, ) |
| Filing 4 MAILED Trademark report to Patent Trademark Office, Alexandria VA (lma, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (daj, ) |
| SUMMONS Issued as to Defendants Daniel Bekavac, Bekavac Trading Company, Inc. (jg, ) |
| Filing 3 COMPLAINT filed by George & Company LLC; Filing fee $ 400, receipt number 0752-17296614. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Urbanczyk, Adam) |
| Filing 2 ATTORNEY Appearance for Plaintiff George & Company LLC by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 1 CIVIL Cover Sheet (Urbanczyk, Adam) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
