Koninklijke Philips N.V. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Koninklijke Philips N.V. |
| The Partnerships and Unincorporated Associations Identified on Schedule A and ZunBao |
| 1:2024cv01234 |
| February 13, 2024 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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| Filing 43 CERTIFICATE of Service by Plaintiff Koninklijke Philips N.V. regarding terminate hearings,,,, set motion and R&R deadlines/hearings,,, #42 (Attachments: #1 Exhibit A)(Guillermo, Quinn) |
| Filing 42 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment #38 against the remaining defendants identified in Amended Schedule A [38-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 4/17/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 4/9/24. Emailed notice. (cdh, ) |
| Filing 41 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment #38 before Honorable LaShonda A. Hunt on 4/9/2024 at 10:00 AM. (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 40 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #39 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 39 MEMORANDUM by Koninklijke Philips N.V. in support of motion for entry of default, motion for default judgment #38 (Attachments: #1 Exhibit 1)(Halpern, Kahlia) |
| Filing 38 MOTION by Plaintiff Koninklijke Philips N.V. for entry of default , MOTION by Plaintiff Koninklijke Philips N.V. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| NEW PARTIES: ZunBao added to case caption. (Gaudio, Justin) |
| Filing 37 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case #35 . Summons were executed on 3/1/24, and Defendants' responses to the complaint are due by 3/22/24 #31 . By 4/22/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Mailed notice (mjc, ) |
| Filing 36 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/21/2024. Mailed notice(mjc, ) |
| Filing 35 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #28 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 3/20/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO #26 , the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #33 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction Order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A #22 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice (mjc, ) |
| Filing 34 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Rachel S Miller (Miller, Rachel) |
| Filing 33 CERTIFICATE of Service by Plaintiff Koninklijke Philips N.V. regarding set motion and R&R deadlines/hearings,,,,, #32 (Attachments: #1 Exhibit A)(Guillermo, Quinn) |
| Filing 32 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction #28 is taken under advisement. A telephonic motion hearing is set for 3/21/24, at 9:30 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 3/20/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 3/6/24. Emailed notice. (cdh, ) |
| Filing 31 SUMMONS Returned Executed by Koninklijke Philips N.V. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/1/2024, answer due 3/22/2024. (Attachments: #1 Declaration of Quinn B. Guillermo, #2 Exhibit A)(Guillermo, Quinn) |
| Filing 30 NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction #28 before Honorable LaShonda A. Hunt on 3/6/2024 at 10:00 AM. (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 29 MEMORANDUM by Koninklijke Philips N.V. in support of motion for preliminary injunction #28 (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit 1)(Halpern, Kahlia) |
| Filing 28 MOTION by Plaintiff Koninklijke Philips N.V. for preliminary injunction (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 27 SURETY BOND in the amount of $ 10,000 posted by Koninklijke Philips N.V. (Document not Imaged) (jh, ) |
| Filing 26 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/21/2024. Emailed to Plaintiff's counsel. (cdh, ) |
| Filing 25 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #11 is granted. Plaintiff's Motion for Electronic Service of Process #16 is granted. 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 Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 2/27/24. Emailed notice. (cdh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
| Filing 24 RE- NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #16 , motion for temporary restraining order #11 before Honorable LaShonda A. Hunt on 2/27/2024 at 10:00 AM. (Gaudio, Justin) |
| Filing 23 EXHIBIT by Plaintiff Koninklijke Philips N.V. Amended Exhibit 2 Part 1 regarding declaration #14 (Attachments: #1 Exhibit 2-1)(Gaudio, Justin) Modified on 3/25/2024 (nsf, ). |
| Filing 22 EXHIBIT by Plaintiff Koninklijke Philips N.V. Amended Schedule A regarding amended complaint #21 (Gaudio, Justin) Modified on 3/25/2024 (nsf, ). |
| Filing 21 AMENDED complaint by Koninklijke Philips N.V. 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 20 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal #3 is granted. Both Schedule A #2 and Exhibit 2 to the Declaration of Jan De Visser #15 shall remain sealed until further court order. Plaintiff names 42 defendants in this single case and seeks ex parte TRO relief against each of them #11 . However, after reviewing the complaint #1 , the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 3/1/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Plaintiff's Motion for Temporary Restraining Order #11 and Motion for Electronic Service of Process #16 are taken under advisement until the joinder issue is resolved. No appearance is necessary on 2/21/24. Emailed notice. (cdh, ) |
| Filing 19 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #16 , motion for temporary restraining order #11 , motion for leave to file #3 before Honorable LaShonda A. Hunt on 2/21/2024 at 10:00 AM. (Gaudio, Justin) |
| Filing 18 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #17 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 17 MEMORANDUM by Koninklijke Philips N.V. in support of motion for miscellaneous relief #16 (Gaudio, Justin) |
| Filing 16 MOTION by Plaintiff Koninklijke Philips N.V. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 15 EXHIBIT by Plaintiff Koninklijke Philips N.V. Exhibit 2 - Parts 1-8 regarding declaration #14 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5, #6 Exhibit 2-6, #7 Exhibit 2-7, #8 Exhibit 2-8)(Gaudio, Justin) Modified on 3/25/2024 (nsf, ). |
| Filing 14 DECLARATION of Jan de Visser regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 12 MEMORANDUM by Koninklijke Philips N.V. in support of motion for temporary restraining order #11 (Gaudio, Justin) |
| Filing 11 MOTION by Plaintiff Koninklijke Philips N.V. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 10 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Quinn Bradley Guillermo (Guillermo, Quinn) |
| Filing 9 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Kahlia Roe Halpern (Halpern, Kahlia) |
| Filing 8 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff Koninklijke Philips N.V. by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims involving Trademarks by Koninklijke Philips N.V. (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Koninklijke Philips N.V. (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff Koninklijke Philips N.V. for leave to file under Seal (Gaudio, Justin) |
| Filing 2 EXHIBIT by Plaintiff Koninklijke Philips N.V. Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 3/25/2024 (nsf, ). |
| Filing 1 COMPLAINT filed by Koninklijke Philips N.V.; Filing fee $ 405, receipt number AILNDC-21635946. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (mcp, ) |
| 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. (mcp, ) |
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