Gas Depot Oil Company v. King Drive Marathon, Inc. et al
| Gas Depot Oil Company |
| King Drive Marathon, Inc., Tariq Junejo, Afshan Junejo, 79th & King Fuel Mart, Inc. and Mohamed Ali |
| 1:2022cv01343 |
| March 14, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Heather K McShain |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 39 MINUTE entry before the Honorable Heather K. McShain: Telephonic motion hearing on Plaintiff's motion to compel #35 held on 05/06/2022, and continued to 05/18/2022 at 12:00 p.m. Counsel for all parties appeared. As stated on the record, by 05/09/2022 Defendants King Drive Marathon, Inc., Tariq Junejo, and Afshan Junejo shall serve amended written discovery responses and make a supplemental production of documents to Plaintiff. For the reasons stated on the record, the Court overrules Defendants' objection to Plaintiff's Interrogatory No. 4, as it plainly seeks relevant information. Defendants' supplemental production and amended written discovery responses should therefore reflect the fact that their relevance objection to Interrogatory No. 4 has been overruled. The parties are to exhaust their meet- and-confer requirements with respect to Defendants' amended discovery responses prior to the continued hearing date, in an effort to resolve as many issues as possible in Plaintiff's motion. Finally, if Plaintiff wishes to provide an update prior to the continued hearing regarding whether any of the issues raised in its motion remain or have been resolved based on Defendants' amended discovery responses, Plaintiff shall file a status report by 05/17/2022. The dial-in information for the continued hearing remains the same #38 . Mailed notice (ao, ) |
| Filing 38 MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for the purpose of holding proceedings related to Plaintiff's motion to compel #35 , and for all discovery supervision, including the authority to adjust all deadlines #36 , #37 . By 05/03/2022, Defendants shall file a response to Plaintiff's motion to compel #35 . Telephonic motion hearing set for 05/06/2022 at 10:00 a.m. to address Plaintiff's motion. To participate in the telephonic hearing, the dial-in number is 888-684-8852, followed by access code 8623687#. 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. Mailed notice. (pk, ) |
| Filing 37 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: Plaintiff's motion to compel #35 and all discovery supervision, including the authority to adjust all deadlines. (mw, ) Emailed notice. |
| Filing 36 MINUTE entry before the Honorable Edmond E. Chang: The motion to compel #35 and all discovery supervision is referred to the magistrate judge, including the authority to adjust all deadlines. Emailed notice (mw, ) |
| Filing 35 MOTION by Plaintiff Gas Depot Oil Company to compel Certain Defendants' Discovery Responses (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Conway, John) |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: Video status hearing held. Counsel for the parties appeared by video. Counsel for the Plaintiff reported that the license certificate bearing the Marathon mark have been changed. The TRO shall expire on 04/15/2022. The defense's oral request to extend the responsive-pleading deadline is granted to 05/12/2022. Rule 26(a)(1) disclosures due 05/26/2022. The first round of written discovery requests must be issued by 06/10/2022. Fact discovery must be completed by 12/19/2022. Rule 16(b) deadline to add parties or amend pleadings is 11/01/2022. The deadline to serve subpoenas is 10/17/2022, absent good cause (e.g., genuine surprise despite due diligence). The Plaintiff shall make a formal settlement demand by 06/06/2022, explaining in detail the basis for liability, itemizing damages, and making a good-faith demand that takes into account the risks of litigation, the time and expense of litigation. The Defendants shall respond by 06/20/2022 to the Plaintiff's demand, explaining in detail the basis for the offers and taking into account the same risks and costs of litigation. The Defendants shall submit a copy of the demand and the offers to chambers through the Proposed Order e-mail account. The parties may jointly email the courtroom deputy, michael_wing@ilnd.uscourts.gov, for a settlement referral before the next status hearing. If the case is referred for a settlement conference, then the time that is then-remaining on the discovery deadline will be added onto the back-end of the current discovery deadline. A tracking status hearing is set for 06/24/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties are to file a joint status report by 06/17/2022 reporting on whether the Rule 26(a)(1) disclosures were made, discovery progress, and anything further the parties want to report on. Mailed notice (cn). |
| Filing 33 SUMMONS Returned Executed by Gas Depot Oil Company as to Mohamed Ali on 3/26/2022, answer due 4/18/2022. (Attachments: #1 Certificate of Service)(Conway, John) |
| Filing 32 SUMMONS Returned Executed by Gas Depot Oil Company as to 79th & King Fuel Mart, Inc. on 3/26/2022, answer due 4/18/2022. (Attachments: #1 Certificate of Service)(Conway, John) |
| Filing 31 SUMMONS Returned Executed by Gas Depot Oil Company as to Afshan Junejo on 3/24/2022, answer due 4/14/2022. (Attachments: #1 Certificate of Service)(Conway, John) |
| Filing 30 SUMMONS Returned Executed by Gas Depot Oil Company as to Tariq Junejo on 3/24/2022, answer due 4/14/2022. (Attachments: #1 Certificate of Service)(Conway, John) |
| Filing 29 SUMMONS Returned Executed by Gas Depot Oil Company (Attachments: #1 Certificate of Service)(Conway, John) |
| Filing 28 SUMMONS Returned Executed by Gas Depot Oil Company as to King Drive Marathon, Inc. on 3/24/2022, answer due 4/14/2022. (Conway, John) |
| Filing 27 RESPONSE by Defendants 79th & King Fuel Mart, Inc., Mohamed Ali to reply to response to motion #25 (Attachments: #1 Exhibit Exhibits A-D)(Naser, Mona) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Video status and motion hearing held. Counsel for the parties appeared by video. Given the display of the Marathon Gas trademarked name on the City license certificates, the extension motion #21 is granted: the TRO is extended to 04/15/2022. The Defendants must immediately remove the license certificates from any place that customers may see them. If the licenses are taken down, then it appears that any further provisional restraint after 04/15/2022 will be unnecessary as to the trademark infringement. On the right of first refusal or distributorship arguments as a basis for a preliminary injunction, as discussed during the hearing, the Court is skeptical that either argument would provide a basis for a preliminary injunction. If the real-estate title holder (the actual holder, not the mere individual owner of the holder) was not a party to the supply agreement, then by definition the refusal provision cannot apply as to the real estate. In any event, if the Plaintiff is going to seek a preliminary injunction motion that would be in effect by 04/15/2022, then the Plaintiff must file the motion by 04/05/2022, with supporting evidence and at the least addressing the title holder issue. The Defendants' responses are due 04/12/2022. The Court will endeavor to review the motion before the Defendants' response deadline. Video status hearing set for 04/14/2022 at 10:00 a.m. Counsel for Plaintiff to file on the docket the appropriate return of service or waivers of service of summons and complaint. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (650) 479-3207 and the access code is 23074172115#. Counsel of record will receive an email before the start of the hearing with instructions to login into the hearing. 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 REPLY by Gas Depot Oil Company to response to motion, #24 To Extend TRO (Conway, John) |
| Filing 24 RESPONSE by 79th & King Fuel Mart, Inc., Mohamed Ali to MOTION by Plaintiff Gas Depot Oil Company for extension of time of the Temporary Restraining OrderMOTION by Plaintiff Gas Depot Oil Company for preliminary injunction Full Hearing #21 (Attachments: #1 Exhibit Exhibits A-D)(Naser, Mona) |
| Filing 23 ATTORNEY Appearance for Defendants 79th & King Fuel Mart, Inc., Mohamed Ali by Mona Naser (Naser, Mona) |
| Filing 22 NOTICE by Gas Depot Oil Company re MOTION by Plaintiff Gas Depot Oil Company for extension of time of the Temporary Restraining OrderMOTION by Plaintiff Gas Depot Oil Company for preliminary injunction Full Hearing #21 (Conway, John) |
| Filing 21 MOTION by Plaintiff Gas Depot Oil Company for extension of time of the Temporary Restraining Order, MOTION by Plaintiff Gas Depot Oil Company for preliminary injunction Full Hearing (Attachments: #1 Exhibit A, #2 Exhibit A-1)(Conway, John) |
| Filing 19 MINUTE entry before the Honorable Edmond E. Chang: Due to a Scrivener's error, video status hearing reset to 04/01/2022 at 1:30 p.m. Emailed notice (mw, ) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Video status hearing held. Counsel for the parties appeared by video. Counsel for the Plaintiff shall email (perhaps for a second time) a copy of the amended complaint to attorney Mona Naser, who reported that she will be representing the two newly added Defendants. There was some dispute over whether the marks are still visible, or perhaps the familiar blue of the Marathon mark still is. If the Plaintiff believes that there are ongoing trademark violations, then the Plaintiff shall file the TRO extension motion by 03/28/2022. The defense responses are due 03/30/2022. Counsel shall confer by 5:00 p.m. today to schedule (or at least start scheduling) a mutually convenient date and time for a Plaintiff representative to visit the site to take photographs on potential ongoing trademark violations. The Defendants shall allow reasonable access. Separately, the Plaintiff also may file a motion for contempt if there was a post-notice violation of the 03/18/2022 TRO. Video status hearing set for 03/23/2022 at 2:30 p.m. Counsel for Plaintiff to file on the docket the appropriate return of service or waivers of service of summons and complaint. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (650) 479-3207 and the access code is 23117310571#. Counsel of record will receive an email before the start of the hearing with instructions to login into the hearing. 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 20 EXHIBIT - Registry Deposit Information Form by Plaintiff Gas Depot Oil Company regarding bond dated 3/22/2022. (ph, ) |
| BOND in the amount of $ 1020 check, receipt number 4624269568 posted by Gas Depot Oil Company (ey, ) |
| SUMMONS Issued as to Defendants 79th & King Fuel Mart, Inc., Mohamed Ali (sxh, ) |
| Filing 17 First AMENDED complaint by Gas Depot Oil Company against All Defendants (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Notice of Filing)(Conway, John) |
| Filing 16 TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 3/18/2022: For the reasons explained in the Order, the motion for TRO #5 is granted in part. Expedited discovery is also granted. The TRO shall run through the 14th day, that is, through April 1, 2022.Emailed notice(Chang, Edmond) |
| Filing 15 ATTORNEY Appearance for Defendants Afshan Junejo, Tariq Junejo, King Drive Marathon, Inc. by Mosa Anwar Elmosa (Elmosa, Mosa) |
| Filing 14 AFFIDAVIT of George Nediyakalayil Second Supplemental Affidaivt (Conway, John) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: Emergency video TRO hearing held. Counsel for the Plaintiff appeared by video. Counsel for the three named Defendants appeared by telephone. Ms. Mona Naser, counsel for 79th and King Drive Fuel Mart, Inc. (Fuel Mart) appeared by telephone. Defense counsel asserted that the named Defendants sold the business a year or two ago to Fuel Mart, although the Defendants still own the underlying real estate property. Both defense counsel also reported that Fuel Mart is in the process of promptly de-branding from Marathon. At this time, however, based on the current record evidence before the Court, the Plaintiff's motion for TRO #5 is granted in large part given the evidence of ongoing trademark infringement. The Plaintiff's counsel shall submit a draft TRO to the Court's Proposed Order email account. The TRO shall operate against the three named Defendants, as well as their officers, agents, servants, employees, and attorneys, as well as those who are in active concert or participation with the parties and those additional listed individuals. If Fuel Mart and the Defendants indeed are in active concert or participation with one another, then they should tread carefully and immediately consider the prospect of being targeted with a contempt motion (or, later, punitive damages). Given the proffer of the defense, the Plaintiff's motion for expedited discovery #5 is granted for good cause. The Plaintiff may serve five documents requests and five interrogatories on the named Defendants. ***Also, the Plaintiff may serve a subpoena on Fuel Mart, which is not a named Defendant (at least not yet).*** The Defendants and Fuel Mart must respond to the discovery requests or subpoena within three business days of receipt. On the bond, an appropriate amount would be the approximate profit on two days' worth of gasoline sales. The Plaintiff shall file a concise affidavit detailing what it believes is the retail profit on a per-gallon basis and what the volume is for a two-day period. The Defendants and also Fuel Mart may file an affidavit on the same issue. ***The Court urges the parties, now with the focused assistance of counsel, to confer with their clients and then with one another on arriving at a resolution on at least the alleged ongoing trademark infringement (for example, if Fuel Mart can de-brand the Marathon marks as soon as possible, that would alleviate some of the time urgency).*** Video status hearing set for 03/23/2022 at 2:30 p.m. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (650) 479-3207 and the access code is 23289975989#. Counsel of record will receive an email before the start of the hearing with instructions to login into the hearing. 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 12 AFFIDAVIT of George Nediyakalayil Supplemental Affidavit of George Nediyakalayil (Conway, John) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: As instructed by R. 9, the affidavit comprised of the Marketing Agreement with Marathon has been filed by the Plaintiff, see R. 10. The affidavit is terminated as a motion #10 because it is not a motion. Emailed notice (mw, ) |
| Filing 10 MOTION by Plaintiff Gas Depot Oil Company to supplement Exhibit to Affidavit (Conway, John) |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's brief in support of its TRO motion, R. 6, the Plaintiff refers to "Exhibit B to George Nediyakalayil's affidavit, the Marketing Agreement with Marathon." R. 6 at 9. It does not appear that there is an Exhibit B to the **affidavit**; there is an Exhibit B to the brief, but it is not a Marketing Agreement with Marathon. In any event, the Plaintiff must file on the docket (partially redacted if necessary to protect confidential information) a copy of the Marketing Agreement with Marathon, or some other basis (such as case law), to establish that the Plaintiff has the right to enforce the Marathon trademark when the Plaintiff is not itself the owner of the mark. It might be that the Plaintiff even has the duty to do so under the Marketing Agreement; the point simply is that the Plaintiff must establish some basis to enforce the Marathon mark when the Plaintiff is not the owner of the mark. The Plaintiff shall fill this gap as soon as practicable.Emailed notice (Chang, Edmond) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: On review of the verified complaint, R. 1, and the motion for TRO and preliminary injunction, R. 5, 6, the Court sets a hearing on the TRO motion for 03/16/2022 at 2:15 p.m. The Plaintiff shall notify the Defendants of this order by calling them at their last known phone number and emailing them at the last known email address. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (650) 479-3207 and the access code is 23208647749#. Counsel of record will receive an email before the start of the hearing with instructions to login into the hearing. 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 7 NOTICE by Gas Depot Oil Company re MOTION by Plaintiff Gas Depot Oil Company for temporary restraining order MOTION by Plaintiff Gas Depot Oil Company for preliminary injunction MOTION by Plaintiff Gas Depot Oil Company to expedite discovery #5 , memorandum in support of motion #6 (Conway, John) |
| Filing 6 MEMORANDUM by Gas Depot Oil Company in support of motion for temporary restraining order, motion for preliminary injunction, motion to expedite #5 discovery (Attachments: #1 Exhibit A, #2 Exhibit B)(Conway, John) |
| Filing 5 MOTION by Plaintiff Gas Depot Oil Company for temporary restraining order , MOTION by Plaintiff Gas Depot Oil Company for preliminary injunction , MOTION by Plaintiff Gas Depot Oil Company to expedite discovery (Conway, John) |
| Filing 4 ATTORNEY Appearance for Plaintiff Gas Depot Oil Company by John J. Conway (Conway, John) |
| Filing 3 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) |
| Filing 2 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 (List of Trademarks)) (ph, ) |
| 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 judgment, 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. (jk2, ) |
| SUMMONS Issued as to Defendants Afshan Junejo, Tariq Junejo, King Drive Marathon, Inc. (jk2, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jk2, ) |
| Filing 1 COMPLAINT Verified filed by Gas Depot Oil Company; Filing fee $ 402, receipt number 0752-19244420. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet)(Conway, John) |
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