Abbott Laboratories et al v. Brown
| Abbott Laboratories and Abbott Rapid Dx North America, LLC |
| Justin Brown |
| 1:2020cv06211 |
| October 20, 2020 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 44 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
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| Filing 42 RESPONSE by Justin Brownin Opposition to MOTION by Plaintiffs Abbott Laboratories, Abbott Rapid Dx North America, LLC for preliminary injunction #7 (Attachments: #1 Declaration of Justin Brown, #2 Exhibit A - Severance Agreement, #3 Exhibit B - Offer Letter)(Evans, Andrea) |
| Filing 41 ANSWER to Complaint by Justin Brown(Evans, Andrea) |
| Filing 40 ATTORNEY Appearance for Defendant Justin Brown by Andrea Lee Evans (Evans, Andrea) |
Filing 39
ORDER signed by the Honorable Edmond E. Chang. On review of the parties' joint statement, R. 38, the Court enters this Order, which adopts the additional sentence offered by the Plaintiffs. The sentence simply makes explicit what would already be covered by the other requirement in Paragraph 5(e). Having said that, of course the Court would not find that the Defendant knowingly violated the Order without sufficient and specific proof of knowledge, and the Court trusts that the parties have exchanged, and will continue to exchange, information so that the Defendant does not have an unfair cloud hanging over him with regard to the cloud-storage issue. The Court appreciates the parties consideration of this temporary preliminary injunction. The Defendant's answer or response to the Complaint, and the response to the preliminary injunction, are due by 12/18/2020. The Plaintiffs' reply is due by 01/05/2021. The hearing of 12/21/2020 is reset to 01/13/2021 at 10:30 a.m., for now by phone (the Court will alert the parties if video is needed). Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Defendant's motion for extension of time to answer or otherwise please #33 is stricken as moot. Emailed notice (mw, )
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| Filing 38 Parties' Joint Statement Regarding Proposed Order STATEMENT by Justin Brown (Porter, Andrew) |
| Filing 37 MINUTE entry before the Honorable Edmond E. Chang: Andrew Fiske's motion to withdraw as counsel for Defendant #35 is granted. Emailed notice (mw, ) |
| Filing 36 NOTICE of Motion by Andrew Nicholas Fiske for presentment of motion to withdraw as attorney #35 before Honorable Edmond E. Chang on 12/10/2020 at 08:30 AM. (Fiske, Andrew) |
| Filing 35 MOTION by Attorney Andrew Nicholas Fiske to withdraw as attorney for Justin Brown. No party information provided (Fiske, Andrew) |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: On the Defendant's extension motion #33 to answer the complaint and to continue the preliminary-injunction hearing, the motion says that the Defendant "agrees that he will continue to refrain from undertaking any conduct from which Plaintiffs seek to enjoin him with either a temporary or permanent injunction until any such hearing on this matter." R. 33 at 2. The Court's view is that the provisional remedy is the most time-urgent issue in the case, that is, if that time pressure were alleviated, then an extension to answer the complaint (and, indeed, and extension to respond to the preliminary-injunction motion, which is also due today, 12/07/2020) would be appropriate. Based on the proposed preliminary injunction emailed by the Plaintiff, the agreed "temporary preliminary injunction" (for lack of a better term) would provide (this is a cut/paste from the proposed order, other than fees/cost-shifting for now): (1) Brown shall immediately cease any and all uses of trademarks owned by Abbott Laboratories or Abbott Rapid Dx North America, LLC (collectively, "Abbott"), including ABBOTT; (2) Brown shall immediately cease using the domain abbottdx.com and any email addresses at that domain, including justin.brown@abbottdx.com, and Brown shall disable the domain abbottdx.com until this Court finally determines the parties' respective rights; (3) Brown shall immediately cease any and all representations or suggestions that he is employed by or otherwise affiliated with Abbott, including in any email address, email signature, or social media profile; (4) Brown shall immediately cease promoting or marketing, directly or indirectly, any competing products to any Abbott customer, or soliciting any Abbott customer or supplier for any purpose related to a competing product; and (5) Brown shall return to Abbott his Abbott-issued laptop, mobile device, and tablet, any Abbott paper files or electronically-documents, as well as any other Abbott property in his possession, in-person or via certified mail within two (2) days of entry of this Order. The entry of the temporary order would be without prejudice to Brown's challenge to the preliminary-injunction motion itself, and would expire upon a decision on the preliminary-injunction motion. The Court encourages the parties to consider this agreed path, and if so, then the Court will extend the answer and the preliminary-injunction response deadline to 12/18/2020, with Abbott's reply on the motion due by 01/05/2021. (Candidly, it would also be better for the Court's schedule, given its other time-sensitive cases, if the preliminary-injunction hearing were continued to the week of 01/04/2021 or even 01/11/2021.) The parties shall file a concise joint statement on the conferral by 5 p.m. Central today, 12/07/2020. Emailed notice (Chang, Edmond) |
| Filing 33 MOTION by Defendant Justin Brown for extension of time , MOTION by Defendant Justin Brown for extension of time to file answer (Porter, Andrew) |
| Filing 32 NOTICE of Motion by Andrew C. Porter for presentment of before Honorable Edmond E. Chang on 12/10/2020 at 08:30 AM. (Porter, Andrew) |
| Filing 31 ATTORNEY Appearance for Defendant Justin Brown by Andrew C. Porter (Porter, Andrew) |
| Filing 30 Notice by Abbott Laboratories, Abbott Rapid Dx North America, LLC Regarding Their Pending Motion for a Preliminary Injunction (Klapp, Louis) |
| Filing 29 MINUTE entry before the Honorable Edmond E. Chang: The extension granted for the Defendant to 12/07/2020 applies to the answer or the response to the complaint as well. Emailed notice (mw, ) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: Defendant's unopposed extension motion to respond to the preliminary injunction motion #27 is granted to 12/07/2020. The reply is due by 12/14/2020. The motion hearing of 12/07/2020 is reset to 12/21/2020 at 11:30 a.m. The hearing will be conducted by telephone. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record and those with an appearance on file will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 27 MOTION by Defendant Justin Brown for extension of time to file response/reply to Complaint (Fiske, Andrew) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: The joint extension motion #25 on the preliminary-injunction motion schedule is granted. The Defendant's response brief is now due by 11/23/2020. The reply is due by 11/30/2020. The motion hearing of 11/10/2020 is reset to 12/07/2020 at 9:30 a.m. The hearing will be conducted by telephone. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record and those with an appearance on file will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 25 MOTION by Plaintiff Abbott Laboratories for extension of time Joint Motion to Reset the Schedule Re Plaintiffs' Motion for Preliminary Injunction (Klapp, Louis) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: The Defendant's unopposed extension motion to respond to the preliminary injunction motion #21 is granted almost in full, given the settlement talks. Because the hearing is on 11/10/2020, the response deadline is extended to 11/09/2020, but by 2:00 p.m. on that day. Having said that, if the parties promptly arrive at a settlement and are reducing it to writing, the Court invites a further modest extension and continuance of the hearing date. Emailed notice (mw, ) |
| Filing 23 SUMMONS Returned Executed by Abbott Laboratories, Abbott Rapid Dx North America, LLC as to Justin Brown on 10/26/2020, answer due 11/16/2020. (Brummel, Valerie) |
| Filing 22 NOTICE of Motion by Andrew Nicholas Fiske for presentment of motion for extension of time to file response/reply #21 before Honorable Edmond E. Chang on 11/5/2020 at 08:30 AM. (Fiske, Andrew) |
| Filing 21 MOTION by Defendant Justin Brown for extension of time to file response/reply to Plaintiff's Motion for Preliminary Injunction (Fiske, Andrew) |
| Filing 20 ATTORNEY Appearance for Defendant Justin Brown by Andrew Nicholas Fiske (Fiske, Andrew) |
| Filing 19 SUPPLEMENT to motion for preliminary injunction #7 (Attachments: #1 Declaration of Louis A. Klapp)(Klapp, Louis) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: On the Plaintiffs motion for preliminary injunction #7 , although formal service of process is not required (Civil Rule 65 just says "notice" is required), H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 842 (7th Cir. 2012), the Plaintiffs should make diligent and reasonable efforts to provide notice of the motion (and this docket entry) to the Defendant, including emailing the email account that the Defendant used as recently as 09/25/2020, R. 8, Exh. 22, as well as using an express mail service to the Defendant's last known mailing address. The Plaintiffs shall file a concise supplement to the preliminary-injunction motion with an update on notice by 10/26/2020. Assuming that reasonable notice efforts are made, the Defendant's response to the preliminary-injunction motion is due by 11/02/2020, absent an extension. Any reply is due by 11/06/2020. The 12/18/2020 initial status hearing is reset to a motion hearing on 11/10/2020 at 10:30 a.m. The hearing will be conducted by telephone. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record and those will an appearance on file will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 17 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (lma, ) |
| Filing 16 MAILED Trademark report to Patent Trademark Office, Alexandria VA (lma, ) |
| Filing 15 ATTORNEY Appearance for Plaintiffs Abbott Laboratories, Abbott Rapid Dx North America, LLC by Valerie Brummel (Brummel, Valerie) |
| Filing 14 ATTORNEY Appearance for Plaintiffs Abbott Laboratories, Abbott Rapid Dx North America, LLC by Louis Anding Klapp, III (Klapp, Louis) |
| Filing 13 DECLARATION of Arren Quilal-lan regarding motion for preliminary injunction #7 (Safer, Ronald) |
| Filing 12 DECLARATION of Louis Klapp regarding motion for preliminary injunction #7 (Safer, Ronald) |
| Filing 11 DECLARATION of Susan Mueller regarding motion for preliminary injunction #7 (Safer, Ronald) |
| Filing 10 DECLARATION of Ann Johnston regarding motion for preliminary injunction #7 (Safer, Ronald) |
| Filing 9 DECLARATION of Matthew Weinstein regarding motion for preliminary injunction #7 (Safer, Ronald) |
| Filing 8 MEMORANDUM by Abbott Laboratories, Abbott Rapid Dx North America, LLC in support of motion for preliminary injunction #7 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, 4A-4E, #5 Exhibit 5, 5A-5B, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, 10A-10C, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, 21A, #22 Exhibit 22, 22A, #23 Exhibit 23, #24 Exhibit 24)(Safer, Ronald) |
| Filing 7 MOTION by Plaintiffs Abbott Laboratories, Abbott Rapid Dx North America, LLC for preliminary injunction (Safer, Ronald) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 12/18/2020 at 9:00 a.m. If held, the initial 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. The parties must file a joint initial status report with the content described in the attached status report requirements by 12/11/2020. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 5 Disclosure STATEMENT by Abbott Rapid Dx North America, LLC (Safer, Ronald) |
| Filing 4 Disclosure STATEMENT by Abbott Laboratories (Safer, Ronald) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Abbott Laboratories, Abbott Rapid Dx North America, LLC by Ronald S. Safer (Safer, Ronald) |
| Filing 2 CIVIL Cover Sheet (Safer, Ronald) |
| Filing 1 COMPLAINT filed by Abbott Laboratories, Abbott Rapid Dx North America, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-17559122. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Safer, Ronald) |
| SUMMONS Issued as to Defendant Justin Brown (mp, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (cm, ) |
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