Grumpy Cat Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Grumpy Cat Limited |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2023cv00864 |
| February 13, 2023 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction #34 . The Court strikes the status date set for 4/19/2023 and resets it to 5/10/2023 at 9:30 a.m. Plaintiff should file any motion for default judgment and notice it for presentment to the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 38 SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/5/2023, answer due 4/26/2023. (Hierl, Michael) |
| Filing 37 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #34 before Honorable Sara L. Ellis on 4/11/2023 at 09:45 AM. (Hierl, Michael) |
| Filing 36 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #34 (Hierl, Michael) |
| Filing 35 MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction #34 (Hierl, Michael) |
| Filing 34 MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jb, ) |
| Filing 33 MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiff's motion for extension of time #30 . "The language of Rule 65(b)(2) and the great weight of authority support the view that 28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice." H_D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012), citing, Sampson v. Murray, 415 U.S. 61, 8688, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974); Nutrasweet Co. v. VitMar Enterprises, Inc., 112 F.3d 689, 692 (3d Cir.1997); Pan American World Airways, Inc. v. Flight Engineers' Int'l Ass'n, 306 F.2d 840, 84243 (2d Cir.1962); Connell v. Dulien Steel Products, Inc., 240 F.2d 414, 417 (5th Cir.1957). Here, none of the Defendants have agreed to the extension of the TRO entered on February 14, 2023. Given that Plaintiff could have moved to compel compliance with the TRO prior to its expiration and have not done so, the Court does not find good cause to extend the TRO beyond the 28 day limit and without the Defendants' consent. The Court strikes the status date set for 3/14/2023 and resets it to 4/19/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 32 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #30 before Honorable Sara L. Ellis on 3/14/2023 at 09:30 AM. (Hierl, Michael) |
| Filing 31 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 1 (Hierl, Michael) |
| Filing 30 MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Attachments: #1 Exhibit 2)(Hierl, Michael) |
| Filing 29 INJUNCTION BOND in the amount of $ 10,000 posted by Grumpy Cat Limited (Document not scanned) (rp, ) |
| Filing 28 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order #26 and extends the TRO through 3/14/2023. The Court strikes the status date set for 3/2/2023 and resets it to 3/14/2023 at 9:30 a.m. Plaintiff should file and notice for presentment any motion for preliminary injunction to the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 27 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #26 before Honorable Sara L. Ellis on 3/1/2023 at 09:45 AM. (Hierl, Michael) |
| Filing 26 MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 23 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 22 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(aee, ) |
| Filing 25 SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Sara L. Ellis on 2/14/2023. (exr, ) |
| Filing 24 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal #6 , to file excess pages #9 , and for entry of a temporary restraining order #10 . The Court sets a status date for 3/2/2023 at 1:30 p.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment to the next status date. Mailed notice (smm) |
| Filing 21 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, #10 before Honorable Sara L. Ellis on 2/16/2023 at 01:45 PM. (Hierl, Michael) |
| Filing 20 Notice of Claims Involving Trademarks by Grumpy Cat Limited (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 8 of Bundesen Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 7 of Bundesen Declaration (Hierl, Michael) |
| Filing 17 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 6 of Bundesen Declaration (Hierl, Michael) |
| Filing 16 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 5 of Bundesen Declaration (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 4 of Bundesen Declaration (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 3 of Bundesen Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 2 of Bundesen Declaration (Hierl, Michael) |
| Filing 12 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 1 of Bundesen Declaration (Hierl, Michael) |
| Filing 11 MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Bundesen 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 10 MOTION by Plaintiff Grumpy Cat Limited 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 Grumpy Cat Limited 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 Grumpy Cat Limited (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-20341204. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(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 Sara L. Ellis. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (smb, ) |
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| Plaintiff: Grumpy Cat 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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