OnMyWhey, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| OnMyWhey, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv03431 |
| May 31, 2023 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 7/26/2023. Mailed notice(gel, ) |
| Filing 35 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/26/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction #31 . Accordingly, and based upon the same findings made in this Court's TRO #25 , this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction #31 . Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 9/7/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 34 SUMMONS Returned Executed by OnMyWhey, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/21/2023, answer due 8/11/2023. (Attachments: #1 Declaration of Andrew D. Burnham, #2 Exhibit A)(Burnham, Andrew) |
| Filing 33 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction #31 before Honorable John Robert Blakey on 7/26/2023 at 11:00 AM. (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 32 MEMORANDUM by OnMyWhey, LLC in support of motion for preliminary injunction #31 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 31 MOTION by Plaintiff OnMyWhey, LLC for preliminary injunction (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 30 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion #27 to extend the temporary restraining order entered 6/29/23 #25 . The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 7/27/23. The 7/12/23 Notice of Motion date is stricken. Mailed notice (smm) |
| Filing 29 NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time #27 before Honorable John Robert Blakey on 7/12/2023 at 11:00 AM. (Joseph, Justin) |
| Filing 28 MEMORANDUM by OnMyWhey, LLC in support of extension of time #27 (Attachments: #1 Declaration of Justin T. Joseph)(Joseph, Justin) |
| Filing 27 MOTION by Plaintiff OnMyWhey, LLC for extension of time of Temporary Restraining Order (Joseph, Justin) |
| Filing 26 SURETY BOND in the amount of $ 10,000 posted by OnMyWhey, LLC. (Document not Scanned) (jh, ) |
| Filing 25 SEALED ORDER Signed by the Honorable John Robert Blakey on 6/29/2023. Mailed notice(gel, ) |
| Filing 24 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motions for leave to seal #5 and for electronic service of process #19 . Based upon the same materials, the Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged that Defendants "without any authorization or license from OnMyWhey, have jointly and severally, knowingly and willfully offered for sale, sold, and/or imported into the United States for subsequent resale or use the same product that infringes directly and/or indirectly the OnMyWhey Designs," #1 #20 , and that they "share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use;" "include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images"; and "bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." #1 17; #17 13. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. The Court grants Plaintiff's ex parte motion for entry of a temporary restraining order #14 . Enter sealed temporary restraining order. Absent further order, this TRO will expire on 7/13/23. The 6/30/23 motion hearing is stricken as to all motions. Mailed notice (gel, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (sxh, ) |
| Filing 23 MINUTE entry before the Honorable John Robert Blakey: The Court resets the hearing on Plaintiff's motion for miscellaneous relief #19 , motion for temporary restraining order #14 , and motion for leave to file #5 from 6/28/2023 to 6/30/2023 at 11:00 AM. The 6/28/2023 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 22 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #19 , motion for temporary restraining order #14 , motion for leave to file #5 before Honorable John Robert Blakey on 6/28/2023 at 11:00 AM. (Gaudio, Justin) |
| Filing 21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 20 MEMORANDUM by OnMyWhey, LLC in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
| Filing 19 MOTION by Plaintiff OnMyWhey, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 18 SEALED EXHIBIT by Plaintiff OnMyWhey, LLC Exhibit 2 regarding declaration #17 (Attachments: #1 Exhibit 2)(Gaudio, Justin) |
| Filing 17 DECLARATION of Kayvon Pourmirzaie regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by OnMyWhey, LLC in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff OnMyWhey, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 MAILED patent report to Patent Trademark Office, Alexandria VA (rp, ) |
| Filing 12 ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 11 ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Justin Tyler Joseph (Joseph, Justin) |
| Filing 10 ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 9 ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 8 Notice of Claims Involving Patents by OnMyWhey, LLC (Gaudio, Justin) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by OnMyWhey, LLC (Gaudio, Justin) |
| Filing 6 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 5 MOTION by Plaintiff OnMyWhey, LLC for leave to file under seal (Gaudio, Justin) |
Filing 4
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. OnMyWhey, LLC is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (jcc, )
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| Filing 3 SEALED EXHIBIT by Plaintiff OnMyWhey, LLC Exhibit 1 regarding complaint #1 (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff OnMyWhey, LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by OnMyWhey, LLC ; Filing fee $ 402, receipt number AILNDC-20691272. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
| 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. (jcc, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jcc, ) |
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| Plaintiff: OnMyWhey, LLC | |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Andrew Daniel Burnham |
| Represented By: | Justin Tyler Joseph |
| Represented By: | Justin R. Gaudio |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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