General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| General Motors LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2024cv09937 |
| October 11, 2024 |
| US District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 47 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion to extend the temporary restraining order #43 is granted in part. The temporary restraining order entered on November 26, 2024, #41 , now expires December 19, 2024, at 11:00 a.m. The motion hearing is stricken. Mailed notice. (vcf, ) |
| Filing 46 NOTICE of Motion by Marcella Deshonda Slay for presentment of extension of time #43 before Honorable Jeremy C. Daniel on 12/10/2024 at 09:30 AM. (Slay, Marcella) |
| Filing 45 DECLARATION of Marcella D. Slay regarding memorandum in support of motion #44 (Slay, Marcella) |
| Filing 44 MEMORANDUM by General Motors LLC in support of extension of time #43 (Slay, Marcella) |
| Filing 43 MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order (Slay, Marcella) |
| BOND in the amount of $ 10,000 Check, Receipt No. 100013825, posted by General Motors LLC. (rc, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (dec, ) |
| Filing 42 Registry Deposit Information Form by General Motors LLC (Slay, Marcella) |
| Filing 41 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 11/26/2024. Mailed notice(vcf, ) |
| Filing 40 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motions for temporary restraining order #26 and for leave to file under seal #29 are granted. Mailed notice (vcf, ) |
| Filing 39 ATTORNEY Appearance for Plaintiff General Motors LLC by Trevor Christian Talhami (Talhami, Trevor) |
| Filing 38 TRANSCRIPT OF PROCEEDINGS held on 10-30-2024 before the Honorable Jeremy C. Daniel. Order Number: 50403. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/13/2024. Redacted Transcript Deadline set for 12/23/2024. Release of Transcript Restriction set for 2/20/2025. (Burgeson, Krista) |
| Filing 37 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order #29 , motion for miscellaneous relief #34 before Honorable Jeremy C. Daniel on 11/26/2024 at 09:30 AM. (Gaudio, Justin) |
| Filing 36 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #35 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 35 MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief #34 (Gaudio, Justin) |
| Filing 34 MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 33 SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 regarding declaration #32 (Gaudio, Justin) |
| Filing 32 DECLARATION of Andrea Ankawi regarding memorandum in support of motion #30 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 31 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 30 MEMORANDUM by General Motors LLC in support of motion for temporary restraining order #29 (Gaudio, Justin) |
| Filing 29 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 28 SEALED EXHIBIT by Plaintiff General Motors LLC Amended Schedule A regarding amended complaint #27 (Gaudio, Justin) |
| Filing 27 AMENDED complaint by General Motors LLC 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 26
ORDER. The complaint #1 is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal #3 is granted. All other pending motions [ #14 , #19 ] are denied as moot. Signed by the Honorable Jeremy C. Daniel on 11/18/2024. Mailed notice. (vcf, )
|
| Filing 25 MINUTE entry before the Honorable Jeremy C. Daniel: Status and motion hearing held. Motions #3 , #4 and #19 are entered and continued. For the reasons stated in open court, the rule to show cause is discharged. Mailed notice. (vcf, ) |
| Filing 24 DECLARATION of Justin R. Gaudio regarding other #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Gaudio, Justin) |
| Filing 23 Supplemental Memorandum in Response to #13 by General Motors LLC (Gaudio, Justin) |
| Filing 22 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #19 , motion for temporary restraining order #14 , motion for leave to file #3 before Honorable Jeremy C. Daniel on 10/30/2024 at 09:30 AM. (Gaudio, Justin) |
| Filing 21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #20 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 20 MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief #19 (Gaudio, Justin) |
| Filing 19 MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 18 SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 2 regarding declaration #17 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Gaudio, Justin) |
| Filing 17 DECLARATION of Andrea Ankawi regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 16 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #15 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 15 MEMORANDUM by General Motors LLC in support of motion for temporary restraining order #14 (Gaudio, Justin) |
| Filing 14 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 13 MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, and false designation of origin against 98 defendants. (R. 1 and R. 2.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit GM Products in the same transaction, occurrence, or series of transactions or occurrences." (R. 1 Para. 24.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The Court will consider the issues raised in this order at a hearing on October 30, 2024, at 9:30 a.m. Mailed notice. (vcf, ) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jxm, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA (jxm, ) |
| CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff General Motors LLC by Lucas Allen Peterson (Peterson, Lucas) |
| Filing 9 ATTORNEY Appearance for Plaintiff General Motors LLC by Marcella Deshonda Slay (Slay, Marcella) |
| Filing 8 ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 7 ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 6 Notice of Claims Involving Trademarks by General Motors LLC (Gaudio, Justin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiff General Motors LLC for leave to file Under Seal (Gaudio, Justin) |
| Filing 2 SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint #1 (Gaudio, Justin) |
| Filing 1 COMPLAINT filed by General Motors LLC; Filing fee $ 405, receipt number AILNDC-22591727. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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
| Search for this case: General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: General Motors LLC | |
| Represented By: | Justin R. Gaudio |
| Represented By: | Marcella Deshonda Slay |
| Represented By: | Lucas Allen Peterson |
| Represented By: | Amy Crout Ziegler |
| Represented By: | Trevor Christian Talhami |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
