Frida Kahlo Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| FRIDA KAHLO CORPORATION |
| The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 1:2021cv01707 |
| March 30, 2021 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on May 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's renewed motion (No. #21 ) to serve the summons and complaint by electronic means is denied without prejudice because the accompanying certificate of service does not demonstrate service in compliance with either Fed. R. Civ. P. 5 or paragraph two of the ex parte order (No. #17 ) entered 4/6/2021. Plaintiff also did not state its position on unsealing schedule A to the complaint, as required by the minute entry (No. #20 ) of 5/10/2021. Mailed notice (mjc, ) |
| Filing 22 MEMORANDUM by Frida Kahlo Corporation in support of motion for miscellaneous relief #21 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration of Keith A. Vogt, #4 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 21 MOTION by Plaintiff Frida Kahlo CorporationPlaintiff's Renewed Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Vogt, Keith) |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: Upon consideration of the status report (No. #19 ) filed 5/7/2021, the next status report is due on or before 7/7/2021. Schedule A to the original complaint (No. #2 ) remains sealed; however, plaintiff filed schedule A to the amended complaint (No. #9 ) in the public record. Plaintiff must therefore indicate in either the next status report or its anticipated motion for leave to serve the summons and complaint by electronic means whether good cause continues to exist to maintain schedule A to the original complaint under seal. Mailed notice (mjc, ) |
| Filing 19 STATUS Report by FRIDA KAHLO CORPORATION (Vogt, Keith) |
| Filing 18 MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline (No. #16 ) of 5/3/2021, the hearing tentatively set for 5/5/2021 is stricken. Plaintiff is ordered to file a status report on or before 5/7/2021. Mailed notice (mjc, ) |
| Filing 17 EX PARTE ORDER Signed by the Honorable Joan B. Gottschall on 4/6/2021. Mailed notice(mjc, ) |
| Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: Enter order in accordance with the minute order (No. #13 ) of 4/2/2021. Consistent with the court's rulings, the reference to the summons has been removed from paragraph two of the proposed order sent 4/5/2021. In accordance with the order, a status hearing is tentatively set for 5/5/2021 at 10:00 a.m. Due to the ongoing COVID19 pandemic and consistent with Tenth Amended General Order No. 200012, this court will hold a hearing only if a defendant or third party specifically requests one at least 48 hours prior to the scheduled time and date of the hearing. Otherwise, the court will order a written status report and rule on any pending motions on the papers. Defendants and third parties may request a hearing by contacting the courtroom deputy at (312) 435-5641. Mailed notice (mjc, ) |
| Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion (No. #14 ) for leave to file schedule A to its complaint (No. #2 ) under seal is granted. Mailed notice (mjc, ) |
| Filing 14 MOTION by Plaintiff FRIDA KAHLO CORPORATION for leave to file Document No. #2 Under Seal (Vogt, Keith) |
| Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion (No. 10 ) for leave to conduct expedited discovery is granted. Plaintiff's motion (No. 10 ) under Fed. R. Civ. P. 4(f)(3) to serve the complaint and summons by electronic means is denied without prejudice because it is premature for this court to determine that defendants' addresses cannot be located despite the exercise of reasonable diligence. Plaintiff seeks expedited discovery in part to identify defendants and their mailing addresses. Plaintiff does not discuss or rebut this court's analysis of this issue in Luxottica Group S.P.A. v. Partnerships and Unincorporated Associations Identified on Schedule "A," 391 F. Supp. 3d 816, 82127 (N.D. Ill. 2019), reconsideration denied in relevant part, 2019 WL 2357011 (June 4, 2019). Consistent with Luxottica, plaintiff may renew its request for service by electronic means after third-party payment providers such as online marketplace operators and payment processors have produced any addresses on file for defendants and plaintiff has made a reasonable effort to investigate those addresses under Article I of the Hague Convention. See Luxottica, 391 F. Supp. 3d at 82324. Any renewed request must be supported by evidence of what specific steps were taken to attempt to verify any mailing addresses associated with defendants. Details such as what databases, online services, or resources were utilized would be helpful in making a record. A revised proposed order consistent with the court's rulings is due on or before 4/5/2021. Furthermore, plaintiff has filed its schedule A to the complaint (No. #2 ) under seal, but no motion to seal under this court's LR 26.2 has been filed. Any motion to seal is due on or before 4/5/2021.Mailed notice (mjc, ) |
| Filing 12 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (rc, ) |
| Filing 11 MEMORANDUM IN SUPPORT OF 10 EX PARTE MOTION (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt, #3 Exhibit 2, Declaration of Keith Vogt, #4 Declaration of Carlos Dorado, #5 Exhibit 1, Declaration of Carlos Dorado, #6 Exhibit 2-Part 1, Declaration of Carlos Dorado, #7 Exhibit 2-Part 2, Declaration of Carlos Dorado)(Vogt, Keith) |
| Filing 9 AMENDED amended complaint #8 AMENDED Schedule A to Amended Complaint #8 (Vogt, Keith) |
| Filing 8 FIRST AMENDED complaint by FRIDA KAHLO CORPORATION against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff FRIDA KAHLO CORPORATION by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff FRIDA KAHLO CORPORATION by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff FRIDA KAHLO CORPORATION by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff FRIDA KAHLO CORPORATION by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff FRIDA KAHLO CORPORATION Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by FRIDA KAHLO CORPORATION; Filing fee $ 402, receipt number 0752-18070045. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (as, ) |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A" | |
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| Plaintiff: FRIDA KAHLO CORPORATION | |
| Represented By: | Adam Grodman |
| Represented By: | Yanling Jiang |
| Represented By: | Keith A. Vogt |
| Represented By: | Yi Bu |
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