LandAirSea Systems, Inc. v. Synchronize Income Development, LLC et al
| LandAirSea Systems, Inc. |
| Synchronize Income Development, LLC, EventFalcon Limited, Brandon Bell, John Stanley and Vanguard Dealer Services, LLC |
| 1:2023cv04964 |
| July 28, 2023 |
| US District Court for the Northern District of Illinois |
| Young B Kim |
| Martha M Pacold |
| Trademark |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| Both |
Docket Report
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| Filing 51 MOTION by Defendant John Stanley to dismiss for lack of jurisdiction Presented before District Judge (Attachments: #1 Declaration of John Stanley)(Fallon, Steven) |
| Filing 50 ANSWER to Complaint with Jury Demand by Vanguard Dealer Services, LLC, Brandon Bell, and Synchronize Income Development, LLC, ; Counterclaimant Synchronize Income Development, LLC's COUNTERCLAIM filed by Vanguard Dealer Services, LLC, Brandon Bell, Synchronize Income Development, LLC against LandAirSea Systems, Inc. . by Vanguard Dealer Services, LLC, Brandon Bell, Synchronize Income Development, LLC(Gehrke, Tiffany) |
| Filing 49 MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for extension of time #48 is granted. Defendants Synchronize Income Development, LLC, Vanguard Dealer Services, LLC, and Brandon Bell ("Defendants") now have until September 25, 2023, to file their answer to the complaint. (For the sake of efficiency, this court conferred with the assigned District Judge about extending the answer deadline she set on August 24, 2023. (R. 33.) The better practice for litigants is to file extension motions with the court that set the deadlines to be extended.) Also, Plaintiff and Defendants now have until September 25, 2023, to respond to each side's discovery requests. Parties are reminded that they must file a notice of motion including a presentment date in case the motion---even if unopposed or agreed---must be heard in open court. (See https://www.ilnd.uscourts.gov/judge-info.aspx?SUYYUADI1Y4=.) Mailed notice (ec) |
| Filing 48 MOTION by Defendants Brandon Bell, Synchronize Income Development, LLC, Vanguard Dealer Services, LLC for extension of time (1) To Respond to Complaint and (2) To Respond to Reciprocal Discovery (Joint Motion) Presented before Magistrate Judge (Attachments: #1 Text of Proposed Order)(Gehrke, Tiffany) |
Filing 47
ORDER. Signed by the Honorable Young B. Kim on 9/12/2023. Mailed notice (ec)
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| Filing 46 MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for entry of confidentiality order #45 is granted. Plaintiff and moving Defendants agree on most of the terms in the draft confidentiality order (see R. 45-1), except that they propose competing versions of Paragraphs 7(b) and 8(b) of the draft order. As for Paragraph 7(b), Defendants Synchronize Income Development, LLC ("SID") and Vanguard Dealer Services, LLC ("Vanguard") seek to have their parent corporation Spectrum Automotive Holdings Corp.'s ("Spectrum") in-house attorney Jason McConnell and CFO Rob Howarth to be permitted to review confidential materials. The court agrees this request is reasonable. To the extent that the defense of this case on behalf of Defendants SID, Vanguard, and Brandon Bell is managed by Spectrum, McConnell and Howarth must have access to the material information in order to meaningfully work with their outside attorneys. Besides, Spectrum has designated only these two individuals to have access to the confidential discovery materials. As for Paragraph 8(b), moving Defendants wish for in-house attorneys and non-attorneys to have access to attorneys'-eyes-only ("AEO") materials. Although in-house attorneys---including McConnell---should have access to AEO materials as they are attorneys bound by the same ethical and professional obligations binding outside attorneys, moving Defendants' position makes no sense as to non-attorneys like Defendant Bell. If materials are properly designated as AEO, only attorneys and their legal staff and contractors who are assisting them with the litigation of this action should have access to them. That said, Plaintiff must recognize that if it designates materials as AEO, this means that Defendants, including Spectrum, did not have access to those materials during the time period relevant to this case. To the extent that Plaintiff claims that moving Defendants improperly misappropriated and used what it deems to be its "Client Materials," they should take care when designating materials as AEO. The court has modified the draft order accordingly. Enter Confidentiality Order. All parties---including Defendants EventFalcon Limited and John Stanley---are to comply with this order unless ordered otherwise. Mailed notice (ec) |
| Filing 45 MOTION by Defendants Brandon Bell, Synchronize Income Development, LLC, Vanguard Dealer Services, LLCJOINT MOTION FOR ENTRY OF CONFIDENTIALITY ORDER Presented before Magistrate Judge (Attachments: #1 Exhibit A (Draft Confidentiality Order Redline of LR26.2))(Gehrke, Tiffany) |
| Filing 44 MINUTE entry before the Honorable Young B. Kim: The preliminary injunction hearing is rescheduled for November 14 and November 15, 2023, starting at 10:00 a.m. in courtroom 1019. Mailed notice (ec) |
| Filing 43 MINUTE entry before the Honorable Young B. Kim: In light of the court's order of September 1, 2023, (R. 42), Plaintiff and Defendants EventFalcon Limited and John Stanley are granted leave to engage in limited discovery focused on Plaintiff's motion for preliminary injunction: (1) serve written discovery by September 11, 2023; and (2) respond to written discovery by September 25, 2023. As for the supplemental briefing for the pending motion for preliminary injunction #11 , the previous schedule the court entered is stricken. Plaintiff is ordered to either stand on the original motion or file a new motion for preliminary injunction against all Defendants by October 13, 2023, and all Defendants have until October 20, 2023, to file a response thereto. As for the October 19 and October 20, 2023 hearing dates, the court will reach out to the parties by email to select new hearing dates. Deadlines not changed here are to stand. Mailed notice (Kim, Young) |
| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed Defendants EventFalcon and Stanley's motion for extension of time to respond to plaintiff's motion for a temporary restraining order #41 . The motion indicates that plaintiff opposes the request for an extension of time. The motion #41 is granted in part and denied without prejudice in part. The motion #41 is granted to the following extent: Defendants EventFalcon and Stanley are a foreign small business and foreign individual that retained counsel on 8/30/2023. Now that defendants EventFalcon and Stanley have appeared, stated their intention to oppose the motion for a temporary restraining order, and requested a hearing, the court construes the motion for temporary restraining order #11 against these defendants as a motion for a preliminary injunction, as the court previously did with respect to Defendants Synchronize, Bell, and Vanguard #27 . See Chicago United Indus., Ltd. v. City of Chicago, 445 F.3d 940, 946 (7th Cir. 2006). In addition, the court expands the existing referral #28 and #29 to include plaintiff's motion #11 as to EventFalcon and Stanley. The 9/5/2023 briefing deadline and 9/6/2023 hearing as to EventFalcon and Stanley, previously set in #27 , are stricken. (For clarity, the deadlines that are stricken are the following: "Defendants EventFalcon and Stanley's response to (a) the renewed motion for TRO 11, and to (b) plaintiff's proposed order with respect to plaintiff's request for a TRO against EventFalcon and Stanley, is due by 9/5/2023; any response by any defendant on these topics (i.e. regarding plaintiff's request for relief against EventFalcon and Stanley) is also due by 9/5/2023. Telephone hearing on the renewed motion for TRO 11 as to EventFalcon and Stanley, including argument on the motion, set for 9/6/2023 at 11:30 a.m." #27 .) The motion #41 is denied without prejudice to the extent that it requests a particular schedule and deadlines as to the motion against EventFalcon and Stanley #11 , as the referral includes the authority to set and adjust the schedule and deadlines with respect to the motion #11 . Mailed notice (gel, ) |
| Filing 41 MOTION by Defendants EventFalcon Limited, John Stanley for extension of time to file response/reply as to motion for temporary restraining order, #11 Presented before District Judge (Attachments: #1 Exhibit 1)(Fallon, Steven) |
| Filing 40 ATTORNEY Appearance for Defendants EventFalcon Limited, John Stanley by Justin Tyler Joseph (Joseph, Justin) |
| Filing 39 ATTORNEY Appearance for Defendants EventFalcon Limited, John Stanley by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 38 ATTORNEY Appearance for Defendants EventFalcon Limited, John Stanley by Steven P. Fallon (Fallon, Steven) |
| Filing 37 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's status report on the status of service of Defendants EventFalcon and Stanley #35 . The status report satisfies the courts request #27 . (rao, ) |
| Filing 36 MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone. Based on the discussion held, the schedule the court entered on August 22, 2023, (R. 27), to stand. However, the preliminary injunction hearing is rescheduled to take place on October 19 and October 20, 2023, starting at 10:00 a.m. in courtroom 1019. In order to permit Defendants to better prepare for the October 6, 2023 hearing before the assigned District Judge, Plaintiff is directed to designate the Master Services Agreement---entered into between Plaintiff and EventFalcon Limited---as "Attorneys' Eyes Only" document and produce the same to Defendants by close of business on August 31, 2023. Defendants' attorneys are barred from sharing this agreement with others, including their clients. Parties are further directed to confer about having a comprehensive confidentiality agreement entered in this case. They have until September 8, 2023, to file either a contested motion or an agreed motion for the entry of a confidentiality order. Mailed notice (ec) |
| Filing 35 STATUS Report on Service on Defendants EventFalcon and Stanley by LandAirSea Systems, Inc. Presented before District Judge (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 6)(Bishop, Edward) |
| Filing 34 MINUTE entry before the Honorable Young B. Kim: Plaintiff's motion for leave to file unredacted version of its motion for temporary restraining order and Exhibits C and H thereto #12 is granted. Document No. 13 will remain under seal until further order of the court. Mailed notice (ec) |
| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: Defendants Synchronize Income Development, LLC, Vanguard Dealer Services, LLC, and Brandon Bell's unopposed motion for an extension of time to answer or otherwise plead #31 is granted. Defendants to answer or otherwise plead by 9/15/2023. Mailed notice. (jlj, ) |
| Filing 32 CERTIFICATE of Service Regarding Notice of Lanham Act Case Mediation by Edward L. Bishop on behalf of LandAirSea Systems, Inc. (Bishop, Edward) |
| Filing 31 MOTION by Defendants Brandon Bell, Synchronize Income Development, LLC, Vanguard Dealer Services, LLC for extension of time to answer or otherwise respond (unopposed) Presented before District Judge (Gehrke, Tiffany) |
| Filing 30 MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for August 30, 2023, at 10:00 a.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ec) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: The referral to Judge Kim #28 is expanded to include Plaintiff's motion for preliminary injunction. #11 . (rao, ) |
| Filing 28 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, and for settlement. (rao, ) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: 1. Telephone status hearing held on 8/22/2023. Defendants Synchronize Income Development, LLC, Brandon Bell, and Vanguard Dealer Services, LLC appeared through counsel. Defendants EventFalcon Limited and John Stanley did not appear and no attorney has entered an appearance on their behalf. 2. As to the defendants that have not appeared (EventFalcon, Stanley): Plaintiff's proposed order with respect to its request for a TRO against EventFalcon and Stanley is due by 8/29/2023. On further consideration after the hearing, plaintiff should also file by 8/29/2023 a status report on the status of service on EventFalcon and Stanley. Defendants EventFalcon and Stanley's response to (a) the renewed motion for TRO #11 , and to (b) plaintiff's proposed order with respect to plaintiff's request for a TRO against EventFalcon and Stanley, is due by 9/5/2023; any response by any defendant on these topics (i.e. regarding plaintiff's request for relief against EventFalcon and Stanley) is also due by 9/5/2023. Telephone hearing on the renewed motion for TRO #11 as to EventFalcon and Stanley, including argument on the motion, set for 9/6/2023 at 11:30 a.m. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. 3. As to the defendants that have appeared (Synchronize, Bell, Vanguard): The court construes the renewed TRO motion #11 as a motion for preliminary injunction. Reciprocal initial written discovery to be served by 9/1/2023. Responses to reciprocal initial written discovery are due by 9/15/2023. Any supplemental briefing by plaintiff with respect to the motion #11 , in light of the initial written discovery and responses, is due by 9/22/2023. Appearing defendants' responses to the motion #11 will be due by 9/29/2023. Plaintiff's reply will be due 10/4/2023. Preliminary injunction hearing set for 10/6/2023 at 11:00 a.m. The court previously set the 10/6/2023 hearing via telephone, but on further consideration sets it in person in courtroom 1425. 4. This case will be referred to the designated magistrate judge for discovery supervision and settlement. (rao, ) |
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to have the individual and corporate representative witnesses on the line for the hearing on 8/22/2023 in case we need their participation. (rao, ) |
| Filing 25 ATTORNEY Appearance for Defendant Brandon Bell by Chelsea Madeline Murray (Murray, Chelsea) |
| Filing 24 ATTORNEY Appearance for Defendant Brandon Bell by Julianne Marie Hartzell (Hartzell, Julianne) |
| Filing 23 ATTORNEY Appearance for Defendant Brandon Bell by Tiffany D Gehrke (Gehrke, Tiffany) |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: The motion hearing set for 8/22/2023 at 10:30 a.m. is converted to a telephone hearing. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Motion hearing on Plaintiff's motion for temporary restraining order, #11 , and motion for leave to file under seal, #12 , is set for 8/22/2023 at 10:30 a.m. in Courtroom 1425. (rao, ) |
| Filing 20 RESPONSE by Vanguard Dealer Services, LLCin Opposition to MOTION by Plaintiff LandAirSea Systems, Inc. for temporary restraining order , Renewed Motion #11 Letter (Kelleher, Edward) |
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Filing 19
ORDER: Edward J. Kelleher's motion for leave to appear pro hac vice on behalf of Synchronize Income Dev., LLC, Brandon Bell, and Vanguard Dealer Services, LLC #17 is granted. Kate A. Sherlock's motion for leave to appear pro hac vice on behalf of Synchronize Income Development, LLC and Vanguard Dealer Services, LLC #18 is granted. Signed by the Honorable Martha M. Pacold on 8/17/2023: Mailed notice (daj, )
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| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20941358. (Sherlock, Kate) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20940524. (Kelleher, Edward) |
| Filing 16 ATTORNEY Appearance for Defendants Synchronize Income Development, LLC, Vanguard Dealer Services, LLC by Chelsea Madeline Murray (Murray, Chelsea) |
| Filing 15 ATTORNEY Appearance for Defendants Synchronize Income Development, LLC, Vanguard Dealer Services, LLC by Julianne Marie Hartzell (Hartzell, Julianne) |
| Filing 14 ATTORNEY Appearance for Defendants Synchronize Income Development, LLC, Vanguard Dealer Services, LLC by Tiffany D Gehrke (Gehrke, Tiffany) |
| Filing 13 SEALED DOCUMENT by Plaintiff LandAirSea Systems, Inc. (Attachments: #1 Exhibit C to the Renewed TRO Motion, Unredacted, #2 Exhibit H to the Renewed TRO Motion, Unredacted)(Bishop, Edward) |
| Filing 12 MOTION by Plaintiff LandAirSea Systems, Inc. for leave to file Under Seal (Bishop, Edward) |
| Filing 11 MOTION by Plaintiff LandAirSea Systems, Inc. for temporary restraining order , Renewed Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Bishop, Edward) |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: The motion for a temporary restraining order ("TRO") #9 is denied without prejudice. Under Rule 65(b)(1), a court may issue a TRO only if (A) it includes specific facts in an affidavit or verified complaint that clearly show immediate and irreparable injury, loss, or damage; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required. The court does not need to determine whether the motion satisfies the requirements of Rule 65(b)(1)(A), because the motion indisputably does not meet the requirements of Rule 65(b)(1)(B), as it does not include the requisite notice information from the movant's attorney. The motion is labeled as seeking a TRO, but it includes a certificate of service, which notes that the plaintiff sent a copy of the motion via FedEx to the defendants. So arguably, this motion is more like one seeking a preliminary injunction motion than one seeking a TRO. Compare Fed. R. Civ. P. 65(a), with id. 65(b); see also Rolle v. Creedon, 2023 WL 2185657, at *2 (7th Cir. Feb. 23, 2023) ("The essence of a TRO is its 'brevity, its ex parte character, and (related to the second element) its informality.'" (quoting Geneva Assurance Syndicate, Inc. v. Med. Emergency Serves. Assocs. (MESA) S.C., 964 F.2d 599, 600 (7th Cir. 1992))). As the Seventh Circuit explained in Rolle, the label of a motion does not control, its substance does. See Rolle, 2023 WL 2185657, at *2. However, unlike in Rolle, the plaintiff here is counseled, and the relief sought in the TRO motion is not significantly more like the relief ordinarily sought in a preliminary injunction. Thus, the court is not inclined to ignore the motion's explicit TRO label. The parties should be aware of a few final items. First, the TRO motion has a significant amount of redacted material and no sealed version with the material unredacted. For any future motions for which the parties seek to have a redacted public version, they should review Local Rules 5.8 and 26.2 and follow those rules closely so that the court (and opposing parties) can have full access to any sealed documents while the public-facing versions remain redacted to protect confidential information, all assuming the court finds good cause to seal. Second, the parties should closely review the court's motions procedures and standing orders, which are available at https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==. Relevant here, those orders include directions for confidentiality orders, guidelines for submitting proposed orders, and other important information about the court's motion practice. (rao, ) |
| Filing 9 MOTION by Plaintiff LandAirSea Systems, Inc. for temporary restraining order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Bishop, Edward) |
| Filing 8 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jn, ) |
| Filing 7 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jn, ) |
| Filing 6 Plaintiff's Local Rule 3.4 Notice of Claims Involving Patents or Trademarks by LandAirSea Systems, Inc. (Bishop, Edward) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by LandAirSea Systems, Inc. (Bishop, Edward) |
| SUMMONS Issued as to Defendants Brandon Bell, EventFalcon Limited, John Stanley, Synchronize Income Development, LLC, Vanguard Dealer Services, LLC (emc, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (axk, ) |
| 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. (axk, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff LandAirSea Systems, Inc. by James Joseph Jagoda (Jagoda, James) |
| Filing 3 ATTORNEY Appearance for Plaintiff LandAirSea Systems, Inc. by Nicholas S. Lee (Lee, Nicholas) |
| Filing 2 CIVIL Cover Sheet (Bishop, Edward) |
| Filing 1 COMPLAINT filed by LandAirSea Systems, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20877850. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Bishop, Edward) |
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