Akamatsu Takayoshi v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Akamatsu Takayoshi |
| 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 |
| 1:2022cv04052 |
| August 4, 2022 |
| US District Court for the Northern District of Illinois |
| Joan H Lefkow |
| Steven C Seeger |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 31 MEMORANDUM by Akamatsu Takayoshi Plaintiff's Supplemental Memorandum in Support of a Pre-Judgment Asset Restraint (Hierl, Michael) |
| Filing 30 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(aee, ) |
| Filing 29 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for an ex parte temporary restraining order (Dckt. No. #10 ). The proposed minute order includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its memo, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 27. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice (jjr, ) |
| Filing 28 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Amended Schedule A (Hierl, Michael) |
| Filing 27 AMENDED complaint by Akamatsu Takayoshi against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1-3)(Hierl, Michael) |
| Filing 26 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Steven C. Seeger for all further proceedings pursuant to 28 USC 294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 8/4/2022.(jh, ) |
| Filing 25 Notice of Claims Involving Trademarks by Akamatsu Takayoshi (Hierl, Michael) |
| Filing 24 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 13 of Takayoshi Declaration (Hierl, Michael) |
| Filing 23 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 12 of Takayoshi Declaration (Hierl, Michael) |
| Filing 22 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 11 of Takayoshi Declaration (Hierl, Michael) |
| Filing 21 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 10 of Takayoshi Declaration (Hierl, Michael) |
| Filing 20 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 9 of Takayoshi Declaration (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 8 of Takayoshi Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 7 of Takayoshi Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 6 of Takayoshi Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 5 of Takayoshi Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 4 of Takayoshi Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 3 of Takayoshi Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 2 of Takayoshi Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Exhibit 4 Part 1 of Takayoshi Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Akamatsu Takayoshi in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Takayoshi Declaration, #2 Exhibit 1-3, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Akamatsu Takayoshi for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 9 MOTION by Plaintiff Akamatsu Takayoshi for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Akamatsu Takayoshi (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Akamatsu Takayoshi Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Akamatsu Takayoshi to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Akamatsu Takayoshi by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Akamatsu Takayoshi; Jury Demand. Filing fee $ 402, receipt number AILNDC-19711317. (Attachments: #1 Exhibit 1-3)(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. (smb, ) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (smb, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Akamatsu Takayoshi v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Akamatsu Takayoshi | |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Michael A. Hierl |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
