Eicher Motors Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

Justia Dockets & Filings Seventh Circuit Illinois Northern District Eicher Motors Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

Eicher Motors Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

Plaintiff:	Eicher Motors Limited
Defendant:	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
Case Number:	1:2022cv02458
Filed:	May 10, 2022
Court:	US District Court for the Northern District of Illinois
Presiding Judge:	Joan B Gottschall
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1051 Trademark Infringement
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on August 3, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 8, 2022	Filing 32 CERTIFICATE of Service by Plaintiff Eicher Motors Limited (Hierl, Michael)
July 8, 2022	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)
July 8, 2022	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)
July 8, 2022	Filing 29 MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael)
June 17, 2022	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, )
June 16, 2022	Filing 27 CERTIFICATE of Service by Michael A. Hierl on behalf of Eicher Motors Limited (Hierl, Michael)
June 16, 2022	Filing 26 Notice of Claims Involving Trademarks by Eicher Motors Limited (Hierl, Michael)
June 16, 2022	Filing 25 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 to Ribchester Declaration (Hierl, Michael)
June 16, 2022	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)
June 16, 2022	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)
June 16, 2022	Filing 22 MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael)
June 15, 2022	Filing 21 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Amended Sealed Schedule A (Hierl, Michael)
June 15, 2022	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)
June 14, 2022	Filing 19 STATUS Report by Eicher Motors Limited (Hierl, Michael)
June 1, 2022	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, )
May 27, 2022	Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited Amended Notification of Affiliates (Kalbac, William)
May 27, 2022	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, )
May 26, 2022	Filing 15 MEMORANDUM by Eicher Motors Limited (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kalbac, William)
May 20, 2022	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, )
May 20, 2022	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, )
May 18, 2022	Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited Amended Notification of Affiliates (Hierl, Michael)
May 11, 2022	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, )
May 11, 2022	Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (cxr, )
May 11, 2022	Filing 9 MAILED Trademark report to Patent Trademark Office, Alexandria VA (cxr, )
May 10, 2022	Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited (Hierl, Michael)
May 10, 2022	Filing 7 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A (Hierl, Michael)
May 10, 2022	Filing 6 MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael)
May 10, 2022	Filing 5 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray (Mcmurray, Robert)
May 10, 2022	Filing 4 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac (Kalbac, William)
May 10, 2022	Filing 3 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl (Hierl, Michael)
May 10, 2022	Filing 2 CIVIL Cover Sheet (Hierl, Michael)
May 10, 2022	Filing 1 COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-19447276. (Attachments: #1 Exhibit 1)(Hierl, Michael)
May 10, 2022	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, )
May 10, 2022	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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