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, hriz325 and The Individuals and Entities Operating hriz325 |
| 1:2024cv10171 |
| October 14, 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 48 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding order on motion for entry of default,,,, order on motion for default judgment,,,, terminate hearings,,,, set motion and R&R deadlines/hearings,,, #47 (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 47 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment #43 against the remaining defendants identified in Amended Schedule A #14 . 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 12/13/24. 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 12/10/24. Emailed notice. (cdh, ) |
| Filing 46 NOTICE of Motion by Allyson M. Martin for presentment of motion for entry of default, motion for default judgment #43 before Honorable LaShonda A. Hunt on 12/10/2024 at 10:00 AM. (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 45 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #44 (Attachments: #1 Exhibit 1)(Martin, Allyson) |
| Filing 44 MEMORANDUM by NBA Properties, Inc. in support of motion for entry of default, motion for default judgment #43 (Attachments: #1 Exhibit 1)(Martin, Allyson) |
| Filing 43 MOTION by Plaintiff NBA Properties, Inc. for entry of default as to all Defendants , MOTION by Plaintiff NBA Properties, Inc. for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 42 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 #41 . Summons were executed on 11/12/24, and Defendants' responses to the complaint are due by 12/3/24 #27 . By 12/20/24, 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. Emailed notice. (cdh, ) |
| Filing 41 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 11/21/2024. Emailed notice. (cdh, ) |
| Filing 40 MINUTE entry before the Honorable LaShonda A. Hunt: 24-cv-10171 NBA Properties v. Schedule A Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #34 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 11/20/24 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 #27 , 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 #37 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 Amended Schedule A #14 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) |
| NEW PARTIES: hriz325 and The Individuals and Entities Operating hriz325 added to case caption. (Halpern, Kahlia) |
| Filing 39 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding order on motion for preliminary injunction,,,,,, terminate hearings,,,,,, set motion and R&R deadlines/hearings,,,,, #38 (Attachments: #1 Exhibit A)(Halpern, Kahlia) |
| Filing 38 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction #34 is taken under advisement. A telephonic motion hearing is set for 11/21/24, at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 11/20/24, 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 11/20/24. Emailed notice. (cdh, ) |
| Filing 37 SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/12/2024, answer due 12/3/2024. (Attachments: #1 Declaration of Kahlia R. Halpern, #2 Exhibit A)(Halpern, Kahlia) |
| Filing 36 NOTICE of Motion by Allyson M. Martin for presentment of motion for preliminary injunction #34 before Honorable LaShonda A. Hunt on 11/20/2024 at 10:00 AM. (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 35 MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction #34 (Attachments: #1 Declaration of Allyson M. Martin, #2 Exhibit 1)(Martin, Allyson) |
| Filing 34 MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction (Attachments: #1 Exhibit A)(Martin, Allyson) |
| Filing 33 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order #29 is granted. The TRO is extended to 11/20/24 for the reasons stated in the order granting the initial TRO #26 #27 . No appearance is necessary on 11/6/24. Emailed notice. (cdh, ) |
| Filing 32 NOTICE of Motion by Allyson M. Martin for presentment of extension of time #29 before Honorable LaShonda A. Hunt on 11/6/2024 at 10:00 AM. (Martin, Allyson) |
| Filing 31 DECLARATION of Allyson M. Martin regarding memorandum in support of motion #30 (Martin, Allyson) |
| Filing 30 MEMORANDUM by NBA Properties, Inc. in support of extension of time #29 (Martin, Allyson) |
| Filing 29 MOTION by Plaintiff NBA Properties, Inc. for extension of time of Temporary Restraining Order (Martin, Allyson) |
| BOND in the amount of $ $1,000 cashier's check, Receipt No. 100012533 posted by NBA Properties, Inc. (gmm) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (lcd, ) |
| Filing 28 Registry Deposit Information Form by NBA Properties, Inc. (Halpern, Kahlia) |
| Filing 27 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 10/23/2024. Emailed notice. (cdh, ) |
| Filing 26 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 #16 and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) #22 are 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 $1,000.00 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| Filing 25 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief #22 , motion for temporary restraining order #16 before Honorable LaShonda A. Hunt on 10/29/2024 at 10:00 AM. (Gaudio, Justin) |
| 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 - Parts 1 regarding declaration #19 (Attachments: #1 Exhibit 1-1)(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 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion or leave to file under seal #3 is granted. Schedule A #2 and Amended Schedule A #14 shall remain under seal and the forthcoming Exhibit 1 to the Declaration of Linday Conn may be filed under seal pending further order of the Court. Emailed notice. (cdh, ) |
| Filing 14 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Amended Schedule A regarding amended complaint, #13 (Gaudio, Justin) |
| Filing 13 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, #5 Exhibit 5)(Gaudio, Justin) |
| Filing 12 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (daj, ) |
| Filing 11 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks)(daj, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (axk, ) |
| 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-22598018. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
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