Robert Smith v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Robert Smith |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv05676 |
| August 18, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Trademark |
| 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Document Text |
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| Filing 19 SUMMONS Returned Executed by Robert Smith as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/29/2023, answer due 10/20/2023. (Attachments: #1 Declaration of Quinn B. Guillermo, #2 Exhibit A)(Guillermo, Quinn) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
Filing 18
ORDER : THIS CAUSE being before the Court on Plaintiff Robert Smith's ("Plaintiff") Motion for Expedited Discovery and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (the "Motions") against the fully interactive, e-commerce store operating under the seller alias identified in Schedule A to the Amended Complaint (the "Seller Alias"), this Court hereby GRANTS Plaintiff's Motions. Accordingly, this Court orders that:1.Upon Plaintiff's request, any third party with actual notice of this Order who is providing services for the Defendants, or in connection with the Online Marketplace, including, without limitation, any online marketplace platforms such as eBay, Inc. ("eBay"); AliExpress; Alibaba Group Holding Ltd. ("Alibaba"); Amazon.com, Inc. ("Amazon"); ContextLogic Inc. d/b/a Wish.com ("Wish.com"); Walmart, Inc. ("Walmart"); Etsy, Inc. ("Etsy"); DHgate; and WhaleCo, Inc. ("Temu") (collectively, the "Third Party Providers"), shall, within seven (7) calendar days of receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control relating to: Signed by the Honorable Nancy L. Maldonado on 9/6/2023. [For further details see order]. (ca, )
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| Filing 17 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file under seal #3 is granted. Plaintiff's motion for expedited discovery #13 is granted to allow Plaintiff to identify Defendant and learn Defendant's contact information, including all associated e-mail addresses. Plaintiff's motion for electronic service of process #14 is granted because electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendant. See, e.g., Oakley, Inc. v. Partnerships & Unincorporated Associations Identified in Schedule "A", No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). (ca, ) |
| 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 Robert Smith in support of motion for miscellaneous relief #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff Robert Smith for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Robert Smith for discovery (Expedited) (Gaudio, Justin) |
| Filing 12 SEALED EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding amended complaint #11 (Gaudio, Justin) |
| Filing 11 AMENDED complaint by Robert Smith 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 MAILED Trademark report to Patent Trademark Office, Alexandria VA (kl, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff Robert Smith by Quinn Bradley Guillermo (Guillermo, Quinn) |
| Filing 8 ATTORNEY Appearance for Plaintiff Robert Smith by Justin Tyler Joseph (Joseph, Justin) |
| Filing 7 ATTORNEY Appearance for Plaintiff Robert Smith by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 6 ATTORNEY Appearance for Plaintiff Robert Smith by Justin R. Gaudio (Gaudio, Justin) |
| Filing 5 Notice of Claims Involving Trademarks by Robert Smith (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Robert Smith for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Robert Smith Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Robert Smith; Filing fee $ 402, receipt number AILNDC-20946135. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(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. (axa, ) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (axa, ) |
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| Plaintiff: Robert Smith | |
| Represented By: | Quinn Bradley Guillermo |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Justin R. Gaudio |
| Represented By: | Justin Tyler Joseph |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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