Diggs v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
Plaintiff: Robert Diggs
Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A"
Case Number: 1:2021cv05975
Filed: November 8, 2021
Court: US District Court for the Northern District of Illinois
Presiding Judge: Martha M Pacold
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 6, 2022 Filing 39 NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for entry of default MOTION by Plaintiff Robert Diggs for default judgment as to all Defendants #36 (Begert, Isaku)
January 6, 2022 Filing 38 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #37 (Attachments: #1 Exhibit 1)(Begert, Isaku)
January 6, 2022 Filing 37 MEMORANDUM by Robert Diggs in support of motion for entry of default, motion for default judgment #36 (Attachments: #1 Exhibit 1)(Begert, Isaku)
January 6, 2022 Filing 36 MOTION by Plaintiff Robert Diggs for entry of default , MOTION by Plaintiff Robert Diggs for default judgment as to all Defendants (Begert, Isaku)
January 6, 2022 Filing 35 AMENDED exhibit #2 Amended Schedule A (Begert, Isaku)
January 6, 2022 Filing 34 MOTION by Plaintiff Robert Diggs for Leave to Amend Schedule A to the Complaint Instanter (Begert, Isaku)
December 14, 2021 Filing 33 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction #29 under advisement and will consider the motion unopposed if no defendant appears and objects by 1/3/2022. (rao, )
December 8, 2021 Filing 32 SUMMONS Returned Executed by Robert Diggs as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/8/2021, answer due 12/29/2021. (Attachments: #1 Declaration of Marcella D. Slay)(Slay, Marcella)
December 8, 2021 Filing 31 NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for preliminary injunction #29 (Begert, Isaku)
December 8, 2021 Filing 30 MEMORANDUM by Robert Diggs in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Isaku M. Begert, #2 Exhibit 1)(Begert, Isaku)
December 8, 2021 Filing 29 MOTION by Plaintiff Robert Diggs for preliminary injunction (Begert, Isaku)
December 8, 2021 Filing 28 ATTORNEY Appearance for Plaintiff Robert Diggs by Marcella Deshonda Slay (Slay, Marcella)
December 1, 2021 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jmk, )
November 24, 2021 Filing 27 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/24/2021:(rao, )
November 24, 2021 Filing 26 MINUTE entry before the Honorable Martha M. Pacold #23 : For the reasons set forth in Plaintiff's motion for extension of time #23 and in the court's order granting the temporary restraining order #21 , Plaintiff's motion to extend the TRO #23 is granted. The temporary restraining order is extended to 12/13/2021. (rao, )
November 23, 2021 Filing 25 NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for extension of time of Temporary Restraining Order #23 (Gaudio, Justin)
November 23, 2021 Filing 24 MEMORANDUM by Robert Diggs in support of extension of time #23 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin)
November 23, 2021 Filing 23 MOTION by Plaintiff Robert Diggs for extension of time of Temporary Restraining Order (Gaudio, Justin)
November 18, 2021 Filing 22 SURETY BOND in the amount of $ 10,000.00 posted by Robert Diggs. (Document not scanned) (rc, )
November 15, 2021 Filing 21 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/15/2021:(rao, )
November 15, 2021 Filing 20 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal #3 , for electronic service of process #15 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #10 are granted. 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. 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, )
November 12, 2021 Filing 19 Notice of Claims Involving Trademarks by Robert Diggs (Gaudio, Justin)
November 12, 2021 Filing 18 NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for leave to file under seal #3 , MOTION by Plaintiff Robert Diggsfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #15 , MOTION by Plaintiff Robert Diggs for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #10 (Gaudio, Justin)
November 12, 2021 Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin)
November 12, 2021 Filing 16 MEMORANDUM by Robert Diggs in support of motion for miscellaneous relief #15 (Gaudio, Justin)
November 12, 2021 Filing 15 MOTION by Plaintiff Robert Diggsfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin)
November 12, 2021 Filing 14 SEALED EXHIBIT by Plaintiff Robert Diggs Exhibit 2 - Parts 1 - 3 regarding declaration #13 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Gaudio, Justin)
November 12, 2021 Filing 13 DECLARATION of Allie Shapland regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1)(Gaudio, Justin)
November 12, 2021 Filing 12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin)
November 12, 2021 Filing 11 MEMORANDUM by Robert Diggs in support of motion for temporary restraining order #10 (Gaudio, Justin)
November 12, 2021 Filing 10 MOTION by Plaintiff Robert Diggs for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin)
November 10, 2021 Filing 9 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (daj, )
November 10, 2021 Filing 8 MAILED trademark report to Patent Trademark Office, Alexandria VA (daj, )
November 8, 2021 Filing 7 ATTORNEY Appearance for Plaintiff Robert Diggs by Isaku Begert (Begert, Isaku)
November 8, 2021 Filing 6 ATTORNEY Appearance for Plaintiff Robert Diggs by Amy Crout Ziegler (Ziegler, Amy)
November 8, 2021 Filing 5 ATTORNEY Appearance for Plaintiff Robert Diggs by Justin R. Gaudio (Gaudio, Justin)
November 8, 2021 Filing 4 CIVIL Cover Sheet (Gaudio, Justin)
November 8, 2021 Filing 3 MOTION by Plaintiff Robert Diggs for leave to file under seal (Gaudio, Justin)
November 8, 2021 Filing 2 SEALED EXHIBIT by Plaintiff Robert Diggs Schedule A regarding complaint #1 (Gaudio, Justin)
November 8, 2021 Filing 1 COMPLAINT filed by Robert Diggs; Filing fee $ 402, receipt number 0752-18850500. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin)
November 8, 2021 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (ak, )
November 8, 2021 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgement, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ak, )

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Plaintiff: Robert Diggs
Represented By: Amy Crout Ziegler
Represented By: Isaku Begert
Represented By: Justin R. Gaudio
Represented By: Marcella Deshonda Slay
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Defendant: The Partnerships and Unincorporated Associations Identified on Schedule "A"
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