General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| General Motors LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A and zhangyux |
| 1:2022cv04915 |
| September 12, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: The tracking status hearing of 11/11/2022 is reset to 11/25/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 31 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #30 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
| Filing 30 MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment #29 (Attachments: #1 Exhibit 1)(Christensen, Jake) |
| Filing 29 MOTION by Plaintiff General Motors LLC for entry of default , MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Christensen, Jake) |
| NEW PARTIES: zhangyux added to case caption. (Ziegler, Amy) |
| Filing 28 PRELIMINARY INJUNCTION ORDER signed by the Hon. Edmond E. Chang on 10/06/2022: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction is granted. Given the answer deadline of 10/26/2022, the tracking status hearing of 10/07/2022 is reset to 11/11/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 11/03/2022. If the Defendants do not answer on time, then they are deemed to be in default, and the Plaintiff shall file a motion for default judgment by 11/03/2022. Emailed notice (mw, ) |
| Filing 27 SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/5/2022, answer due 10/26/2022. (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit A)(Joseph, Justin) |
| Filing 26 MEMORANDUM by General Motors LLC in support of motion for preliminary injunction, extension of time #25 (Attachments: #1 Declaration of Jake M. Christensen, #2 Exhibit 1)(Christensen, Jake) |
| Filing 25 MOTION by Plaintiff General Motors LLC for preliminary injunction , MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order (Attachments: #1 Exhibit A)(Christensen, Jake) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (ey, ) |
| BOND in the amount of $ 1,000.00 check, Receipt No. 4624277242, posted by General Motors LLC (kra, ) |
| Filing 24 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/23/2022. Emailed notice (mw, ) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #13 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. By 09/30/2022, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion #3 to file under seal is granted in light of the asset-restraint goal. The Plaintiff's motion #18 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 10/07/2022 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 09/30/2022. Emailed notice (mw, ) |
| Filing 22 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jg, ) |
| Filing 21 MAILED Trademark report to Patent Trademark Office, Alexandria VA (jg, ) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff General Motors LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 regarding declaration #16 (Gaudio, Justin) |
| Filing 16 DECLARATION of Andrea Ankawi regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by General Motors LLC in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding amended complaint #11 (Gaudio, Justin) |
| Filing 11 AMENDED complaint by General Motors LLC against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 10 ATTORNEY Appearance for Plaintiff General Motors LLC by Justin Tyler Joseph (Joseph, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen (Christensen, Jake) |
| Filing 8 ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by General Motors LLC (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff General Motors LLC for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-19830143. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (rc, ) |
| 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. (rc, ) |
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