Jergenson v. Partnerships and Unincorporated Associations Identified in Schedule A
| PJ and Philip Jergenson |
| Partnerships and unincorporated Associations Identified in Schedule A |
| 1:2022cv02040 |
| April 19, 2022 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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This docket was last retrieved on December 27, 2023. A more recent docket listing may be available from PACER.
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Filing 16
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 6/13/2022. Notices mailed. (psm, )
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Filing 15
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion for a temporary restraining order, asset restraint, expedited discovery, and electronic service of process #5 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. Based on the large number of defendants (and the increased risk that joinder is improper) the court determines that a $100,000 bond is necessary to secure the injunctive relief, and must be posted by June 20, 2022. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, )
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SUMMONS Issued as to Defendant Partnerships and unincorporated Associations Identified in Schedule A (kra, )
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Filing 14
MINUTE entry before the Honorable Manish S. Shah: The court ordered plaintiff to submit a proposed order to proposed_order_shah@ilnd.uscourts.gov. The court also suggested that plaintiff consult District Judge Durkin's website for a form order in counterfeit product cases. Plaintiff has not submitted a proposed order. If no proposed order is submitted by 6/2/22, this case will be closed for want of prosecution and all filings will be unsealed. Notices mailed. (psm, )
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Filing 13
MINUTE entry before the Honorable Manish S. Shah: Plaintiff is directed to email a proposed order in support of the motion for an ex parte TRO in Microsoft Word format to proposed_order_shah@ilnd.uscourts.gov. (mss)
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Filing 12
NOTICE of Voluntary Dismissal by Philip Jergenson as to Certain Defendants (Judge, James)
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Filing 11
SEALED DOCUMENT by Plaintiff Philip Jergenson Amended Schedule A (Judge, James)
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Filing 10
AMENDED complaint by Philip Jergenson against Partnerships and unincorporated Associations Identified in Schedule A (Attachments: #1 Schedule A "Redacted", #2 Ex. 1, #3 Ex. 2, #4 Ex. 3)(Judge, James)
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Filing 9
MAILED Trademark Request Letter to Plaintiff's counsel James Edward Judge. (aee, )
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Filing 8
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to seal #6 is granted in part, denied in part. Plaintiff is not authorized to proceed anonymously. Many plaintiffs file these types of cases without concealing their identity from the public. Plaintiff has good cause to seal Schedule A (to prevent flight or concealment of assets), but the public has a right to know who is using the courts, and that right outweighs plaintiff's interest in anonymity, even at the ex parte TRO stage. The court also warns plaintiff that it doubts that joinder of over 200 defendants in a single case of this kind is appropriate, and if plaintiff has not purchased an infringing product from each defendant and had it shipped into Illinois, the court has doubts about its personal jurisdiction over every defendant. This court also often requires a bond posted that adequately secures each defendant from a wrongful injunction. The clerk's office shall unseal docket entries #2 , [2-2], [2-3], [2-4]. Docket entries [2-1] and #5 may remain sealed for now. The clerk shall correct the docket to reflect that plaintiff is Philip Jergenson and the defendants are the Partnerships and Unincorporated Associations Identified in Schedule A. The motion for an ex parte TRO is under advisement. Plaintiff has leave to file an amended complaint with an amended Schedule A under seal and refile the exhibits in support of the TRO with fewer defendants, if plaintiff believes he can address the court's concerns about joinder and personal jurisdiction. Plaintiff's counsel should consider using the Counterfeit Product Case Proposed Order Forms available on District Judge Durkin's website. Notices mailed. (psm, )
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Filing 7
ATTORNEY Appearance for Plaintiff PJ by Zareefa Burki Flener (Flener, Zareefa)
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Filing 6
MOTION by Plaintiff PJ to seal Certain Documents (Judge, James)
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Filing 5
SEALED MOTION by Plaintiff PJ for Temporary Restraining Order (Attachments: #1 Memorandum in Support of Motion, #2 Declaration, #3 Ex. 1, #4 Ex. 2 Pt. 1, #5 Ex. 2 pt. 2, #6 Ex. 2 Pt. 3, #7 Ex.2 Pt. 4)(Judge, James)
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Filing 4
ATTORNEY Appearance for Plaintiff PJ by James Edward Judge (Judge, James)
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Filing 3
CIVIL Cover Sheet (Judge, James)
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Filing 2
COMPLAINT by Plaintiff Philip Jergenson (Attachments: #1 Schedule A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Judge, James) Modified on 4/20/2022 (psm, ).
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Filing 1
COMPLAINT filed by PJ; Jury Demand. Filing fee $ 402, receipt number 0752-19357497. (Attachments: #1 Schedule A, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Judge, James)
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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. (cxr, )
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CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (cxr, )
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