Diggs v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
Robert Diggs |
The Partnerships and Unincorporated Associations Identified on Schedule "A" |
1:2021cv05975 |
November 8, 2021 |
US District Court for the Northern District of Illinois |
Martha M Pacold |
Trademark |
15 U.S.C. § 1125 |
None |
Docket Report
This docket was last retrieved on January 6, 2022. A more recent docket listing may be available from PACER.
Document Text |
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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) |
Filing 38 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #37 (Attachments: #1 Exhibit 1)(Begert, Isaku) |
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) |
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) |
Filing 35 AMENDED exhibit #2 Amended Schedule A (Begert, Isaku) |
Filing 34 MOTION by Plaintiff Robert Diggs for Leave to Amend Schedule A to the Complaint Instanter (Begert, Isaku) |
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, ) |
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) |
Filing 31 NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for preliminary injunction #29 (Begert, Isaku) |
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) |
Filing 29 MOTION by Plaintiff Robert Diggs for preliminary injunction (Begert, Isaku) |
Filing 28 ATTORNEY Appearance for Plaintiff Robert Diggs by Marcella Deshonda Slay (Slay, Marcella) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jmk, ) |
Filing 27 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/24/2021:(rao, ) |
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, ) |
Filing 25 NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for extension of time of Temporary Restraining Order #23 (Gaudio, Justin) |
Filing 24 MEMORANDUM by Robert Diggs in support of extension of time #23 (Attachments: #1 Declaration of Justin R. Gaudio)(Gaudio, Justin) |
Filing 23 MOTION by Plaintiff Robert Diggs for extension of time of Temporary Restraining Order (Gaudio, Justin) |
Filing 22 SURETY BOND in the amount of $ 10,000.00 posted by Robert Diggs. (Document not scanned) (rc, ) |
Filing 21 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/15/2021:(rao, ) |
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, ) |
Filing 19 Notice of Claims Involving Trademarks by Robert Diggs (Gaudio, Justin) |
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) |
Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
Filing 16 MEMORANDUM by Robert Diggs in support of motion for miscellaneous relief #15 (Gaudio, Justin) |
Filing 15 MOTION by Plaintiff Robert Diggsfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
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) |
Filing 13 DECLARATION of Allie Shapland regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
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) |
Filing 11 MEMORANDUM by Robert Diggs in support of motion for temporary restraining order #10 (Gaudio, Justin) |
Filing 10 MOTION by Plaintiff Robert Diggs for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
Filing 9 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (daj, ) |
Filing 8 MAILED trademark report to Patent Trademark Office, Alexandria VA (daj, ) |
Filing 7 ATTORNEY Appearance for Plaintiff Robert Diggs by Isaku Begert (Begert, Isaku) |
Filing 6 ATTORNEY Appearance for Plaintiff Robert Diggs by Amy Crout Ziegler (Ziegler, Amy) |
Filing 5 ATTORNEY Appearance for Plaintiff Robert Diggs by Justin R. Gaudio (Gaudio, Justin) |
Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
Filing 3 MOTION by Plaintiff Robert Diggs for leave to file under seal (Gaudio, Justin) |
Filing 2 SEALED EXHIBIT by Plaintiff Robert Diggs Schedule A regarding complaint #1 (Gaudio, Justin) |
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) |
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (ak, ) |
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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