NBA Properties, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| NBA Properties, Inc. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and zhaozheyu0541 |
| 1:2024cv01148 |
| February 9, 2024 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| NEW PARTIES: zhaozheyu0541 added to case caption. (Martin, Allyson) |
| Filing 35 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 3/15/2024.(ca, ). |
| Filing 34 MINUTE entry before the Honorable Nancy L. Maldonado: As Defendant has not appeared or objected to Plaintiff's motion for preliminary injunction, the Court grants the motion for preliminary injunction #29 as unopposed. Enter Preliminary Injunction order. The Clerk is requested to unseal Plaintiff's Amended Schedule A to the Amended Complaint #15 , Exhibit 1 to the Declaration of Lindsay Conn #20 and the temporary restraining order #26 . Plaintiff's counsel is directed to ensure that the defendant listed on the Amended Schedule A is added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. (ca, ) |
| Filing 33 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding text entry,,, #32 (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 32 MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's motion for preliminary injunction and the accompanying memorandum #29 . Defendants shall have until 3/14/24 to appear and object to the entry of a preliminary injunction. If no such appearance or objection is filed, the preliminary injunction may be entered. Plaintiff shall serve Defendants with a copy of the motion for preliminary injunction, accompanying memorandum, and this minute entry and file a certificate of service by 2/29/24. Additionally, for the reasons stated in Plaintiff's preliminary injunction motion, the Court extends the temporary restraining order until it has ruled on Plaintiff's preliminary injunction motion. Mailed notice. (mgh, ) |
| Filing 31 SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/26/2024, answer due 3/18/2024. (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit A)(Halpern, Kahlia) |
| Filing 30 MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit 1)(Martin, Allyson) |
| Filing 29 MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Civil BOND in the amount of $ $1,000 check, Receipt number 100002880, posted by NBA Properties, Inc. (mek) |
| Filing 28 MINUTE entry before the Honorable Nancy L. Maldonado: Minute order #25 is corrected: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for electronic service of process 22 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery 16, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendant 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 the individuals and entities operating Defendant, stopping Defendant's 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 Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns 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). Expedited discovery is warranted to identify Defendant and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court one thousand dollars ($1,000.00), either cash or surety bond, as security. (ca, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (evw, ) |
| Filing 27 Registry Deposit Information Form by NBA Properties, Inc. (Martin, Allyson) |
| Filing 26 SEALED Temporary Restraining Order Signed by the Honorable Nancy L. Maldonado on 2/15/2024.(ca, ) |
| Filing 25 MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for electronic service of process #22 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery #16 , are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendant 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 the individuals and entities operating Defendant, stopping Defendant's 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 Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns 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). Expedited discovery is warranted to identify Defendant and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($1,000.00), either cash or surety bond, as security. (ca, ) |
| Filing 24 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 23 MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief #22 (Gaudio, Justin) |
| Filing 22 MOTION by Plaintiff NBA Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 21 DECLARATION of Ayala Deutsch regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 20 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 regarding declaration #19 (Gaudio, Justin) |
| Filing 19 DECLARATION of Lindsay Conn regarding memorandum in support of motion #17 (Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiff NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 15 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Amended Schedule A regarding amended complaint #14 (Gaudio, Justin) |
| Filing 14 AMENDED complaint by NBA Properties, Inc. 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 13 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for leave to file under seal #3 is granted. Plaintiff's current Schedule A lists 178 defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder of all 178 defendants by 03/11/24. By the same deadline, Plaintiff may file an amended complaint with a subset of the defendants along with a memo explaining why joinder of those defendants is proper. In the event that Plaintiff files an amended Schedule A with a subset of the defendants, Plaintiff should file only screenshots relevant to defendants listed on the amended Schedule A. (ca, ) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jj, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jj, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 9 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin (Martin, Allyson) |
| Filing 8 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by NBA Properties, Inc. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-21625141. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (mek) |
| 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. (mek) |
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