Converse Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Converse Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A, CUBUFLY and LiChuanShiMiaoGeYueDiWangLuoKeJiYouXianGongSi |
| 1:2024cv00642 |
| January 24, 2024 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 44
ORDER: Joint motion to sever defendant Cubufly #43 is granted. The court severs plaintiff's claims against defendant Cubufly. The court requests that the Clerk of Court open a single separate lawsuit for plaintiff against Cubufly, assign a new case number to that case, and assign that case to this judge as related to this case (24-cv-00642). Once Cubufly is severed into a separate case, plaintiff will pay the filing fee, file an amended complaint in the new case (only involving Cubufly), and then Cubufly will have an opportunity to answer or otherwise plead to the complaint. Within 14 days of the opening of the new case, plaintiff and Cubufly should file a joint status report in that case regarding how the parties seek to proceed in that case and whether the parties request a status hearing and / or a referral to the assigned magistrate judge for discovery and / or settlement (the parties' consent is not required for such a referral, but having the parties' views on that topic would nonetheless assist the court). Docket entries #1 , #2 , #7 , #8 , #9 , #10 , #28 will be added to the docket of the new case. Plaintiff also requests that #3 #6 , #11 - #28 , #34 #36 , and #39 on this docket be placed on the docket of the severed case. That request is denied, but plaintiff and Cubufly may file any documents or motions on the docket of the severed case. Per the parties' joint request, see #43 , Cubufly's motion to sever #29 is denied as moot and the briefing schedule set in #37 is stricken. Last, plaintiff should send an updated proposed preliminary injunction order that reflects this order to the proposed order inbox by 3/22/24. Signed by the Honorable Martha M. Pacold on 3/21/2024: Mailed notice (daj, )
|
| Filing 43 MOTION by Plaintiff Converse Inc. to sever Defendant Cubufly (Joint) (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter #40 is granted. Plaintiff has already filed an amended Schedule A on the docket #41 . Defendant No. 59 LiChuanShiMiaoGeYueDiWangLuoKeJiYouXianGongSi is dismissed. (rao, ) |
| Filing 41 AMENDED exhibit #2 Amended Schedule A (Slay, Marcella) |
| Filing 40 MOTION by Plaintiff Converse Inc.for Leave to Amend Schedule A to the Complaint Instanter (Slay, Marcella) |
| Filing 39 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #34 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/11/2024. Plaintiff shall serve defendants with this notice. The TRO is extended to and including the date on which the court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). (rao, ) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A #32 is granted. Defendant No. 40 annengvas is terminated. Plaintiff has already filed an amended Schedule A on the docket #33 . (rao, ) |
| Filing 37 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and defendant No. 44 Cubufly's agreed proposed briefing schedule #31 is adopted. Plaintiff's response to defendant Cubufly's motion to sever for misjoinder #29 is due by 3/15/2024. Defendant Cubufly's reply is due by 3/29/2024. (rao, ) |
| Filing 36 SUMMONS Returned Executed by Converse Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/22/2024, answer due 3/14/2024. (Attachments: #1 Declaration of Berel Y. Lakovitsky, #2 Exhibit A)(Lakovitsky, Berel) |
| Filing 35 MEMORANDUM by Converse Inc. in support of motion for preliminary injunction #34 (Attachments: #1 Declaration of Marcella D. Slay, #2 Exhibit 1)(Slay, Marcella) |
| Filing 34 MOTION by Plaintiff Converse Inc. for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Slay, Marcella) |
| Filing 33 SEALED EXHIBIT by Plaintiff Converse Inc. Amended Schedule A regarding exhibit #2 (Slay, Marcella) |
| Filing 32 MOTION by Plaintiff Converse Inc. for Leave to Amend Schedule A to the Complaint Instanter (Slay, Marcella) |
| Filing 31 Agreed Proposed Briefing Schedule by Converse Inc. (Gaudio, Justin) |
| Filing 30 MINUTE entry before the Honorable Martha M. Pacold: The parties should file by 2/23/24 an agreed briefing schedule on defendant Cubufly's motion to sever for misjoinder under FRCP 20(a)(2), #29 . (rao, ) |
| Filing 29 MOTION by Defendant CUBUFLY to sever under FRCP 20(a)(2) (Wolfgram, Pete) |
| Filing 28 ATTORNEY Appearance for Defendant CUBUFLY by Pete Scott Wolfgram (Wolfgram, Pete) |
|
Filing 27
ORDER EXTENDING TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/12/2024: (rao, )
|
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: For the reasons in the attached order, plaintiff's ex parte motion for extension of time of temporary restraining order #24 is granted. The court's TRO #22 entered on 1/30/24 is extended until 2/27/24. Enter order extending TRO. (rao, ) |
| Filing 25 MEMORANDUM by Converse Inc. in support of extension of time #24 (Attachments: #1 Declaration of Marcella D. Slay)(Slay, Marcella) |
| Filing 24 MOTION by Plaintiff Converse Inc. for extension of time of Temporary Restraining Order (Slay, Marcella) |
| Filing 23 SURETY BOND in the amount of $ 10,000 posted by Converse Inc. (Document not Imaged) (jh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (khg, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/30/2024: (rao, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ( #3 , #13 , and #18 ) filed by plaintiff Converse Inc., the supporting memorandum, #14 , and the temporary restraining order, plaintiff's motions for leave to file under seal, #3 , for electronic service of process #18 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #13 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| Filing 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 19 MEMORANDUM by Converse Inc. in support of motion for miscellaneous relief #18 (Gaudio, Justin) |
| Filing 18 MOTION by Plaintiff Converse Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Converse Inc. Exhibit 3 - Parts 1-10 regarding declaration #16 (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Exhibit 3-4, #5 Exhibit 3-5, #6 Exhibit 3-6, #7 Exhibit 3-7, #8 Exhibit 3-8, #9 Exhibit 3-9, #10 Exhibit 3-10)(Gaudio, Justin) |
| Filing 16 DECLARATION of Joe Pallett regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #14 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 14 MEMORANDUM by Converse Inc. in support of motion for temporary restraining order #13 (Gaudio, Justin) |
| Filing 13 MOTION by Plaintiff Converse Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jb, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (jb, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Converse Inc. by Berel Yonathan Lakovitsky (Lakovitsky, Berel) |
| Filing 9 ATTORNEY Appearance for Plaintiff Converse Inc. by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 8 ATTORNEY Appearance for Plaintiff Converse Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Converse Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by Converse Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Converse Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Converse Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Converse Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by Converse Inc.; Filing fee $ 405, receipt number AILNDC-21563645. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category Two). (lw, ) |
| 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. (lw, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
