Those Characters from Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Those Characters from Cleveland, LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 1:2024cv11678 |
| November 13, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Georgia N Alexakis |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on December 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 MINUTE entry before the Honorable Georgia N Alexakis:Plaintiff's ex parte motion to extend the temporary restraining order #27 is granted. The TRO is extended to 1/13/25 for the reasons stated in the order granting the initial TRO #25 . No appearance is necessary on 12/30/24. (ca, ) |
| Filing 28 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #27 before Honorable Georgia N Alexakis on 12/30/2024 at 09:30 AM. (Hierl, Michael) |
| Filing 27 MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 31 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. (tg, ) |
| Filing 29 SURETY BOND in the amount of $ 10,000.00 posted by Those Characters from Cleveland, LLC (tg, ) |
| Filing 26 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Georgia N Alexakis on 12/16/24.(ca, ) |
| Filing 25 MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 12/16/24. Plaintiff's motion for leave to file excess pages #16 is granted. Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication #17 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. In addition, the submitted evidence establishes a likelihood of success on the merits, the infringement is ongoing, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, electronic service, and personal jurisdiction. The court finds that security in the amount of $10,000 is sufficient to secure the injunctive relief. Plaintiff is directed to submit its proposed order to the Court's proposed order mailbox on or before 12/16/24. (ca, ) |
| Filing 24 MEMORANDUM by Those Characters from Cleveland, LLC Plaintiff's Memorandum in Support of Joinder (Attachments: #1 Exhibit Exhibit 1)(Mcmurray, Robert) |
| Filing 23 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 1 to McMurray Declaration (Mcmurray, Robert) |
| Filing 22 DECLARATION of Robert P. McMurray regarding motion for temporary restraining order, #17 (Mcmurray, Robert) |
| Filing 21 NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages #16 , motion for temporary restraining order, #17 before Honorable Georgia N Alexakis on 12/16/2024 at 09:30 AM. (Hierl, Michael) |
| Filing 20 Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC (Hierl, Michael) |
| Filing 19 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 to Gorman Declaration (Hierl, Michael) |
| Filing 18 MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, #17 (Attachments: #1 Declaration Gorman Declaration, #2 Exhibit 1, #3 Exhibit 2 Part 1, #4 Exhibit 2 Part 2, #5 Declaration Hierl Declaration, #6 Exhibit Hierl Exhibit 1, #7 Exhibit Hierl Exhibit 2, #8 Exhibit Hierl Exhibit 3, #9 Exhibit Hierl Exhibit 4)(Hierl, Michael) |
| Filing 17 MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Filing 16 MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 15 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Amended Schedule A (Hierl, Michael) |
| Filing 14 AMENDED complaint by Those Characters from Cleveland, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
| Filing 13 MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion to seal #7 granted. Upon review of the complaint, the Court sua sponte raises the propriety of joining 223 defendants #2 and multiple trademark registrations #1 in a single action. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 12/11/24, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff should also reference this Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed its joinder-related concerns in cases of this size. In the alternative, plaintiff has leave to file an amended complaint by 12/11/24 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. (ca, ) |
| Filing 12 MAILED Copyright report to Registrar, Washington DC (Attachments: #1 (List of Copyrights Ex 2), #2 (List of Copyrights Ex 3))(ph, ) |
| Filing 11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) |
| Filing 10 MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: #1 (List of Trademarks, Ex. 1)) (ph, ). |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-22721898. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2)(Hierl, Michael) |
| 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. (dec, ) |
| CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Direct assignment. (Civil Category Civil Direct Assignment). (dec, ) |
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| Plaintiff: Those Characters from Cleveland, LLC | |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
| Represented By: | Michael A. Hierl |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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