MD, LLC v. The Partnerships and Unincorporated Associations Identified in Schedule A
| MD, LLC |
| The Partnerships and Unincorporated Associations Identified in Schedule A |
| eBay, Inc. |
| 1:2023cv00877 |
| February 13, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 47 RESPONSE by Movant eBay, Inc. to Response #34 Non-Party eBay Inc.'s Response to Plaintiff's Response Regarding Non-Parties' Objections (Bunge, Jonathan) |
| Filing 46 MINUTE entry before the Honorable Joan B. Gottschall: The motion #44 of Stripe Payments Co. and Stripe, Inc., for leave to file their notice of affiliates #45 under seal is granted. Objector eBay, Inc., requests #40 a hearing in the event that the court considers the factual and legal arguments made for the first time in plaintiff's response #34 filed 3/16/2023. Although titled a response, plaintiff's filing #34 of 3/16/2023 is effectively a reply brief. Before determining whether a hearing is needed, the court would find written briefing helpful. Accordingly, objectors may reply to plaintiff's pleading #34 on or before 4/7/2023. Plaintiff may file a surresponse on or before 4/14/2023. Mailed notice (mjc, ) |
| Filing 45 SEALED DOCUMENT by Objectors Stripe Payments Company, Stripe, Inc. Disclosure Statement (Traylor, John) |
| Filing 44 MOTION by Objectors Stripe Payments Company, Stripe, Inc. to seal Unopposed Motion to File Under Seal (Traylor, John) |
Filing 43
ORDER Signed by the Honorable Joan B. Gottschall on 3/27/2023. Mailed notice(mjc, )
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| Filing 42 MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, any notice of affiliates and motion to seal from Stripe Payments Co. and Stripe, Inc., are due on or before March 30, 2023. See the order for details. Mailed notice (mjc, ) |
| Filing 41 RESPONSE by Objectors Stripe Payments Company, Stripe, Inc. to text entry,, #38 (Traylor, John) |
| Filing 40 Non-Party eBay Inc.'s Supplemental Submission re Ex Parte TRO Application by eBay, Inc. (Bunge, Jonathan) |
| Filing 39 MINUTE entry before the Honorable Joan B. Gottschall: Attorney David M. Grable's motion to appear pro hac vice #37 on behalf of the movant eBay, Inc. is granted. Mailed notice (mjc, ) |
| Filing 38 MINUTE entry before the Honorable Joan B. Gottschall: Stripe Payments Co. and Stripe, Inc. (collectively "Stripe"), ask #35 the court to allow them to submit their notice of affiliates in camera. Before the court can even consider such a request (which may or may not be possible under the local rules), it must know why it is inadequate for Stripe to move to file its notice of affiliates under seal. Stripe must inform the court of why moving to file under seal is inadequate for its purposes on or before Tuesday, March 21, 2023. Mailed notice (mjc, ) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20450548. Motion for Leave to Appear PHV - Dave Grable (Grable, David) |
| Filing 36 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Stripe Payments Company, Stripe, Inc. (Traylor, John) |
| Filing 35 Nonparties Stripe, Inc. and Stripe Payments Company's Request to Submit Information in Camera by Stripe Payments Company, Stripe, Inc. (Traylor, John) |
| Filing 34 RESPONSE by Plaintiff MD, LLC to objections #20 , objections, #28 , objections #18 (Attachments: #1 Ex. A, #2 Ex. B)(Judge, James) |
| Filing 33 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by eBay, Inc. Non-Party eBay Inc.'s Notification of Affiliates and Corporate Disclosure Statement (Bunge, Jonathan) |
| Filing 32 MINUTE entry before the Honorable Joan B. Gottschall: Any response to the objections #28 of non-parties Stripe Payments Company and Stripe, Inc., to plaintiff's renewed motion #11 for entry of a temporary restraining order is due on or before March 16, 2023. Mailed notice (mjc, ) |
| Filing 31 MINUTE entry before the Honorable Joan B. Gottschall: Counsel for non-parties eBay, Inc.; Stripe, Inc.; and Stripe Payments Company are advised that no further action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before March 16, 2023. Mailed notice (mjc, ) |
| Filing 30 ATTORNEY Appearance for Plaintiff MD, LLC by Zareefa Burki Flener (Flener, Zareefa) |
| Filing 29 MINUTE entry before the Honorable Joan B. Gottschall: The motion #19 of non-party eBay, Inc., for leave to file under seal its objections #21 to plaintiff's renewed motion #11 for a temporary restraining order and declaration #23 in support of its objections is granted. Any response to the objections (document nos. #18 and #21 ) of non-parties eBay, Inc., and ContextLogic Inc. to plaintiff's renewed motion #11 for entry of a temporary restraining order is due on or before March 16, 2023. Mailed notice (mjc, ) |
| Filing 28 OBJECTIONS by Stripe Payments Company, Stripe, Inc. to SEALED MOTION by Plaintiff MD, LLC for Temporary Restraining Order #11 , text entry,,,, #15 Plaintiff's Refiled Ex Parte Motion for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Traylor, John) |
| Filing 27 MINUTE entry before the Honorable Joan B. Gottschall: Upon consideration of non-party ContextLogic Inc.'s notification #24 as to affiliates filed 3/9/2023, ContextLogic Inc.'s deadline #25 of 3/16/2023 to file a notification as to affiliates is stricken. Mailed notice (mjc, ) |
| Filing 26 ATTORNEY Appearance for Objectors Stripe, Inc., Stripe Payments Company by John Mylan Traylor (Traylor, John) |
| Filing 25 MINUTE entry before the Honorable Joan B. Gottschall: Counsel for non-party ContextLogic Inc. is advised that no further action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before March 16, 2023. Mailed notice (mjc, ) |
| Filing 24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ContextLogic Inc (Skoczylas, Christine) |
| Filing 23 SEALED DOCUMENT by Unknown eBay, Inc. Declaration of Larry Taylor In Support of Non-Party eBay Inc.'s Objections Pursuant to Order Entered on March 2, 2023 (Bunge, Jonathan) |
| Filing 22 DECLARATION regarding objections #20 Declaration of Larry Taylor In Support of Non-Party eBay Inc.'s Objections Pursuant to Order Entered on March 2, 2023 [REDACTED] (Bunge, Jonathan) |
| Filing 21 SEALED DOCUMENT by Unknown eBay, Inc. Non-Party eBay Inc.'s Objections to Plaintiff's Refiled Ex Parte Motion For Entry of a TRO Including a Temp Injunction, Asset Restraint, and Expedited Discovery (Bunge, Jonathan) |
| Filing 20 OBJECTIONS Non-Party eBay Inc.'s Objections to Plaintiff's Refiled Ex Parte Motion For Entry of a TRO Including a Temp Injunction, Asset Restraint, and Expedited Discovery [REDACTED] (Bunge, Jonathan) |
| Filing 19 MOTION by Unknown eBay, Inc. to seal document Non-Party eBay Inc.'s Motion For Leave to Keep Objections to Plaintiff's Refiled Ex Parte Motion and Declaration of Larry Taylor Under Seal [REDACTED] (Bunge, Jonathan) |
| Filing 18 OBJECTIONS of Non-Party ContextLogic Inc. (Skoczylas, Christine) |
| Filing 17 ATTORNEY Appearance for Objector ContextLogic Inc by Christine Elizabeth Skoczylas (Skoczylas, Christine) |
| Filing 16 CERTIFICATE of Service by James Edward Judge on behalf of MD, LLC regarding text entry,,,, #15 (Judge, James) |
| Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion #11 for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion #14 to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until noon on Thursday, March 9, 2023, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before noon on Tuesday, March 9, 2023. Plaintiff is ordered to serve the third-party providers with a copy of this order on or before March 3, 2023. Plaintiff must file a certificate of service on or before March 6, 2023. Mailed notice (mjc, ) |
| Filing 14 CERTIFICATE of Service by Plaintiff MD, LLC regarding SEALED MOTION by Plaintiff MD, LLC for Temporary Restraining Order #11 , text entry,,,, #13 (Judge, James) |
| Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a sealed renewed motion #11 for temporary restraining order. Plaintiff's motion is ex parte as to the defendants. But plaintiff has given notice of the motion #12 to some, but not all, of the non-party providers of services to defendants (collectively "third-party providers") named in paragraphs 4 and 7 of its proposed temporary restraining order ("TRO"). Additionally, it is impossible to tell which parties listed in plaintiff's certificate of service #12 correspond to the informal names used in paragraphs 4 and 7 of the proposed TRO. The names of the third parties plaintiff serves must correspond to the names used in the proposed TRO. Accordingly, plaintiff is ordered to (1) revise the proposed TRO to identify the legal names of the entities enjoined in paragraphs 4 and 7; (2) serve those entities; and (3) file a supplemental certificate of service on or before 3/2/2023. Mailed notice (mjc, ) |
| Filing 12 CERTIFICATE of Service by James Edward Judge on behalf of MD, LLC regarding SEALED MOTION by Plaintiff MD, LLC for Temporary Restraining Order #11 (Judge, James) |
| Filing 11 SEALED MOTION by Plaintiff MD, LLC for Temporary Restraining Order (Attachments: #1 Memorandum In Support of Motion)(Judge, James) |
| Filing 10 MAILED Patent Request Letter to Plaintiff's counsel. (jg, ) |
| Filing 9 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #4 for leave to file certain documents under seal and motion #5 for leave to exceed the Local Rule 7.1 page limit are granted. Plaintiff's motion #6 for an ex parte temporary restraining order and for leave to serve the summons and complaint by electronic means is denied without prejudice because plaintiff has not complied with Judge Gottschall's "Standing Order Lanham Act Counterfeit Product Cases." The standing order can be obtained from Judge Gottschall's page on the court's official website. In its memorandum of law [6-1] in support of its motion for a temporary restraining order, plaintiff does not discuss or attempt to distinguish the authorities cited in Judge Gottschall's standing order. Plaintiff has 14 days (until and including 2/28/2023) to refile its sealed motion, though plaintiff is of course free to refile more quickly if it wishes. Any refiled motion for temporary restraining order must either comply fully with the authorities cited in Judge Gottschall's standing order or cite authority showing that the relief plaintiff requests is authorized by governing law. Mailed notice (mjc, ) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MD, LLC (Judge, James) |
| Filing 7 SEALED DOCUMENT by Plaintiff MD, LLC Unredacted Complaint (Attachments: #1 Schedule A, #2 Ex. 1, #3 Ex. 2, #4 Ex. 3)(Judge, James) |
| Filing 6 SEALED MOTION by Plaintiff MD, LLC for Temporary Restraining Order (Attachments: #1 Brief in Support of Motion, #2 Declaration, #3 Ex.1, #4 Ex.2 Pt.1, #5 Ex.2 Pt.2, #6 Ex.2 Pt.3, #7 Ex.2 Pt.4, #8 Ex.2 Pt.5, #9 Ex.2 Pt.6, #10 Ex.2 Pt.7, #11 Ex.2 Pt.8, #12 Ex.2 Pt.9, #13 Ex.2 Pt.10, #14 Ex.2 Pt.11, #15 Ex.2 Pt.12, #16 Ex.2 Pt.13, #17 Ex.2 Pt.14, #18 Ex.2 Pt.15, #19 Ex.2 Pt.16, #20 Ex.2 Pt.17, #21 Ex.2 Pt.18)(Judge, James) |
| Filing 5 MOTION by Plaintiff MD, LLC for leave to file excess pages (Judge, James) |
| Filing 4 MOTION by Plaintiff MD, LLC for leave to file Documents Under Seal (Judge, James) |
| Filing 3 ATTORNEY Appearance for Plaintiff MD, LLC by James Edward Judge (Judge, James) |
| Filing 2 CIVIL Cover Sheet (Judge, James) |
| Filing 1 COMPLAINT filed by MD, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20342671. (Attachments: #1 Schedule A, #2 Ex.1, #3 Ex.2, #4 Ex.3)(Judge, James) |
| 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 B. Gottschall. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (smb, ) |
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