Eicher Motors Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
Eicher Motors Limited |
The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
1:2022cv02458 |
May 10, 2022 |
US District Court for the Northern District of Illinois |
Joan B Gottschall |
Trademark |
15 U.S.C. § 1051 Trademark Infringement |
Both |
Docket Report
This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 32 CERTIFICATE of Service by Plaintiff Eicher Motors Limited (Hierl, Michael) |
Filing 31 MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, #30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hierl, Michael) |
Filing 30 MOTION by Plaintiff Eicher Motors Limited for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery (Hierl, Michael) |
Filing 29 MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
Filing 28 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's pending motion to seal #6 and motion #22 for leave to exceed the Local Rule 7.1 page limit are granted. Plaintiff's motion #23 for an ex parte temporary restraining order is denied without prejudice because paragraph four of the revised proposed form of order emailed to the court at approximately 2:30 p.m. on June 16, 2022, does not comply with this court's standing order in Lanham Act counterfeiting cases. Paragraph four of the proposed order directs "[t]he Third Party Provider," defined in paragraph two to be non-party "Amazon," to implement an asset freeze. According to the certificate of service accompanying the motion, plaintiff has not given notice to Amazon of the motion requesting a finding under Fed. R. Civ. P. 65(d)(2)(C) that it is in active concert or participation with defendants. This court's standing order in Lanham Act counterfeiting cases, which is available on Judge Gottschall's page on the court's official website, reads in full: "Counsel should be aware that pursuant to Seventh Circuit authority, under Fed. R. Civ. P. 65(d)(2), third parties not named in the complaint (typically, for example, Amazon and eBay) cannot be named as in active concert or participation with the defendants unless their active concert or participation is proven AND they receive advance notice and an opportunity to be heard before any such order is entered. Any proposed order not complying with the cases identified here will be rejected. Please see the following cases: Lake Shore Asset Management Limited v. Commodity Futures Trading Commission, 511 F.3d 762 (7th Cir. 2007); United States v. Kirschenbaum, 156 F.3d 784 (7th Cir. 1998); Pow! Entertainment, LLC v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto, 2020 WL 5076715 (N.D. Ill. Aug. 26, 2020)." The court has reviewed plaintiff's supporting memorandum #24 of law. Plaintiff does not address the authorities cited in the standing order or the legal principles for which those authorities stand. Any refiled motion for a temporary restraining order is due on or before 7/8/2022. Mailed notice (vcf, ) |
Filing 27 CERTIFICATE of Service by Michael A. Hierl on behalf of Eicher Motors Limited (Hierl, Michael) |
Filing 26 Notice of Claims Involving Trademarks by Eicher Motors Limited (Hierl, Michael) |
Filing 25 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 to Ribchester Declaration (Hierl, Michael) |
Filing 24 MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, #23 (Attachments: #1 Declaration Ribchester Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
Filing 23 MOTION by Plaintiff Eicher Motors Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
Filing 22 MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
Filing 21 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Amended Sealed Schedule A (Hierl, Michael) |
Filing 20 AMENDED complaint by Eicher Motors Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
Filing 19 STATUS Report by Eicher Motors Limited (Hierl, Michael) |
Filing 18 MINUTE entry before the Honorable Joan B. Gottschall: In its pending motion #6 to seal, plaintiff represents that it intends to file a motion for a temporary restraining order. If a motion for temporary restraining order has not been filed by 6/14/2022, a status report is due on that date. Mailed notice (mjc, ) |
Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited Amended Notification of Affiliates (Kalbac, William) |
Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's request #15 for leave to file its proposed amended notice of affiliates is granted. Plaintiff is directed to file its amended notice of affiliates [15-2] as a separate entry on the docket. Mailed notice (mjc, ) |
Filing 15 MEMORANDUM by Eicher Motors Limited (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kalbac, William) |
Filing 14 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's revised Local Rule 3.2(a) notice #12 of affiliates identifies a trust as plaintiff's sole affiliate. It seems arguable that the beneficiaries of a trust must be identified as affiliates because beneficiaries' financial interests in the trust corpus are likely to be affected by the outcome of the litigation. See 28 U.S.C. 455(b)(4)-(5). By no later than 5/27/2022, plaintiff must therefore either amend its notice of affiliates and disclose the beneficiar[ies] of the trust or file a memorandum of law explaining why disclosure is not required. Mailed notice (mjc, ) |
Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's revised Local Rule 3.2(a) notice #12 of affiliates identifies a trust as plaintiff's sole affiliate. It seems arguable that the beneficiaries of a trust must be identified as affiliates because beneficiaries' financial interests in the trust corpus are likely to be affected by the outcome of the litigation. See 28 U.S.C. 455(b)(4)-(5). By no later than 5/27/2022, plaintiff must therefore either amend its notice of affiliates and disclose the beneficiar[ies] of the trust or file a memorandum of law explaining why disclosure is not required. Mailed notice(mjc, ) |
Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited Amended Notification of Affiliates (Hierl, Michael) |
Filing 11 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's Local Rule 3.2 notification #8 of affiliates states that plaintiff "has no publicly held affiliates." Effective May 5, 2022, Local Rule 3.2(a)'s definition of affiliates was amended as follows: "For purposes of this rule, 'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." See N.D. Ill. Gen. Order No. 22-0009 (May 5, 2022). No substantive action may be taken in this case until all notices of affiliates required by Local Rule 3.2 have been filed. In accordance with Local Rule 3.2, plaintiff must disclose all publicly AND PRIVATELY held entities and individuals meeting the Local Rule 3.2(a) definition of affiliate. Plaintiff's amended notice of affiliates is due on or before 5/18/2022. Mailed notice. (mgh, ) |
Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (cxr, ) |
Filing 9 MAILED Trademark report to Patent Trademark Office, Alexandria VA (cxr, ) |
Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited (Hierl, Michael) |
Filing 7 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A (Hierl, Michael) |
Filing 6 MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
Filing 5 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray (Mcmurray, Robert) |
Filing 4 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac (Kalbac, William) |
Filing 3 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl (Hierl, Michael) |
Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
Filing 1 COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-19447276. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
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. (dxb, ) |
CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (dxb, ) |
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Plaintiff: Eicher Motors Limited | |
Represented By: | Robert Payton Mcmurray |
Represented By: | William Benjamin Kalbac |
Represented By: | Michael A. Hierl |
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Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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