Eicher Motors Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Eicher Motors Limited |
| 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 |
| 1:2024cv12110 |
| November 25, 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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| Document Text |
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| Filing 31 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #29 before Honorable Georgia N Alexakis on 1/28/2025 at 09:30 AM. (Hierl, Michael) |
| Filing 30 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Exhibit 1 (Hierl, Michael) |
| Filing 29 MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Attachments: #1 Exhibit 2)(Hierl, Michael) |
| Filing 27 MINUTE entry before the Honorable Georgia N Alexakis:Plaintiff's ex parte motion to extend the temporary restraining order #25 is granted. The TRO is extended to 1/27/25 for the reasons stated in the order granting the initial TRO #22 , #23 . No appearance is required on 1/13/25. (ca, ) |
| Filing 26 NOTICE of Motion by Michael A. Hierl for presentment of extension of time #25 before Honorable Georgia N Alexakis on 1/13/2025 at 09:30 AM. (Hierl, Michael) |
| Filing 25 MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Filing 28 SURETY BOND in the amount of $ 13,000.00 posted by Eicher Motors Limited (tg, ) |
| Filing 23 SEALED Temporary Restraining Order Signed by the Honorable Georgia N Alexakis on 12/30/24.(ca, ) |
| Filing 22 MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 12/30/24. Plaintiff's motion for leave to file excess pages #15 is granted. For the reasons stated on the record, Plaintiff's motion for a temporary restraining order #16 is granted in part and denied in part. The Court grants Plaintiff's request for a temporary injunction, expedited discovery, and service of process by email and/or electronic publication. The Court denies plaintiff's request for a temporary asset restraint. Enter order as modified. Plaintiff's written submissions and in-court oral representations establish a likelihood of success on the merits, that the infringement is ongoing, that the harm to plaintiff is irreparable, and that 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 assets to be frozen. If any defendant were to appear and object, the court will take a fresh look at issues related to joinder, electronic service, and personal jurisdiction. The Court finds that security in the amount of $1,000 per defendant (a total of $13,000) is sufficient to secure the injunctive relief. Any motion to compel third-party platforms to provide information relevant to a temporary asset restraint is due on or before 1/30/25 and should be noticed up for presentment. (ca, ) |
| Filing 24 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 21 MINUTE entry before the Honorable Georgia N Alexakis: In light of the Court's standing order requiring three business days before presentment of the motion #15 #16 , the Court re-sets the motion hearing in this matter to 12/30/24 at 9:30 a.m. (ca, ) |
| Filing 20 MEMORANDUM by Eicher Motors Limited Plaintiff's Memorandum in Support of Joinder (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 19 NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages #15 , motion for temporary restraining order, #16 before Honorable Georgia N Alexakis on 12/19/2024 at 09:00 AM. (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 to Ribchester Declaration (Hierl, Michael) |
| Filing 17 MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, #16 (Attachments: #1 Declaration Ribchester Declaration, #2 Exhibit 1, #3 Declaration McMurray Declaration, #4 Exhibit McMurray Exhibit 1)(Hierl, Michael) |
| Filing 16 MOTION by Plaintiff Eicher Motors Limited 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 15 MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 14 MINUTE entry before the Honorable Georgia N Alexakis: Motion for an extension of time until 12/18/24 to file a memorandum in support of joinder and supporting declaration #11 is granted. (ca, ) |
| Filing 13 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Amended Schedule A (Hierl, Michael) |
| Filing 12 AMENDED complaint by Eicher Motors Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 11 MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Motion for a First Extension of Time to File a Memorandum in Support of Joinder and Supporting Declaration (Hierl, Michael) |
| Filing 10 MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file under seal #7 . Upon review of the complaint, the Court sua sponte raises the propriety of joining 121 defendants #8 in a single action involving 13 trademark registrations #1 . See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 12/16/24, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff may also want to 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 and type. In the alternative, plaintiff has leave to file an amended complaint by 12/16/24 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 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-22767914. (Attachments: #1 Exhibit 1)(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. (rjm, ) |
| CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (rjm, ) |
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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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| Plaintiff: Eicher Motors Limited | |
| Represented By: | Michael A. Hierl |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
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