Roblox Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Roblox Corporation |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto, GraphicTopsByJose and ShopFashionFusion |
| 1:2023cv07850 |
| September 8, 2023 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 34
ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice. (tg, )
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Filing 33
GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023. (kl, )
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| NEW PARTIES: GraphicTopsByJose and ShopFashionFusion added to case caption. (Kalbac, William) |
| Filing 32 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 10/24/2023. Notices mailed. (psm, ) |
| Filing 31 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction #26 is granted. Enter Preliminary Injunction Order. The Clerk is directed 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. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed. (psm, ) |
| Filing 30 SUMMONS Returned Executed by Roblox Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/19/2023, answer due 11/9/2023. (Hierl, Michael) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (mcp, ) |
| Filing 29 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #26 before Honorable Manish S. Shah on 10/24/2023 at 09:45 AM. (Hierl, Michael) |
| Filing 28 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #26 (Hierl, Michael) |
| Filing 27 MEMORANDUM by Roblox Corporation in support of motion for preliminary injunction #26 (Hierl, Michael) |
| Filing 26 MOTION by Plaintiff Roblox Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Filing 25 MINUTE entry before the Honorable Manish S. Shah: The motion to extend the TRO #23 is granted. The TRO is extended to 10/23/23. No appearance on 10/12/23 is necessary. (mss) |
| Filing 24 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #23 before Honorable Manish S. Shah on 10/12/2023 at 09:45 AM. (Hierl, Michael) |
| Filing 23 MOTION by Plaintiff Roblox Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 22 SURETY BOND in the amount of $ 5,000 posted by Roblox Corporation. Document not imaged. (daj, ) |
| Filing 21 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 9/25/2023. Notices mailed. (psm, ) |
| Filing 20 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal #6 is granted. The motions for a temporary restraining order, asset restraint, expedited discovery, electronic service of process, and excess pages #9 #10 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze and personal jurisdiction. Security in the amount of $5,000 is sufficient. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| Filing 19 SEALED DOCUMENT by Plaintiff Roblox Corporation Corrected Exhibit 2 to Bayley Declaration (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Roblox Corporation Corrected Amended Schedule A (Hierl, Michael) |
| Filing 17 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, #10 before Honorable Manish S. Shah on 9/26/2023 at 09:45 AM. (Hierl, Michael) |
| Filing 16 Notice of Claims Involving Trademarks by Roblox Corporation (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 to Bayley Declaration (Hierl, Michael) |
| Filing 14 MEMORANDUM by Roblox Corporation in support of motion for temporary restraining order, #10 (Attachments: #1 Declaration Bayley 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 13 SEALED DOCUMENT by Plaintiff Roblox Corporation Amended Schedule A (Hierl, Michael) |
| Filing 12 AMENDED complaint by Roblox Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (rp, ) |
| Filing 10 MOTION by Plaintiff Roblox Corporation for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 9 MOTION by Plaintiff Roblox Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roblox Corporation (Hierl, Michael) |
| Filing 7 SEALED DOCUMENT by Plaintiff Roblox Corporation Sealed Schedule A (Hierl, Michael) |
| Filing 6 MOTION by Plaintiff Roblox Corporation to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Roblox Corporation by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Roblox Corporation by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Roblox Corporation by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Roblox Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-21023372. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
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| Plaintiff: Roblox Corporation | |
| 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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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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| Defendant: GraphicTopsByJose | |
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| Defendant: ShopFashionFusion | |
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