Khara Inc. et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto
| Khara Inc. and Ground Works Co., Ltd |
| The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto |
| 1:2024cv12750 |
| December 11, 2024 |
| U.S. District Court for the Northern District of Illinois |
| April M Perry |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 21 SUMMONS Returned Executed by Khara Inc., Ground Works Co., Ltd as to All Defendants. (Attachments: #1 Declaration)(Krusiewicz, Peter) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto (lj, ) |
Filing 20
ORDER Granting Motion for Expedited Discovery and Electronic Service. Signed by the Honorable April M. Perry on 1/15/2025. Mailed notice. (jcc,)
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| Filing 19 MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for Expedited Discovery and Electronic Service #17 is granted. Expedited discovery is warranted to identify defendant and implement the asset freeze. If the defendant were to appear and object, the Court will revisit the asset freeze. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with an online marketplace defendant. The Court strikes the hearing on 1/22/25. Enter order. Mailed notice. (jcc,) |
| Filing 18 NOTICE of Motion by Matthew A. Werber for presentment of motion for discovery #17 before Honorable April M. Perry on 1/22/2025 at 10:00 AM. (Werber, Matthew) |
| Filing 17 MOTION by Plaintiffs Khara Inc., Ground Works Co., Ltd for discovery - expedited discovery and electronic service - (Attachments: #1 Declaration Werber Decl., #2 Unpublished Decision)(Werber, Matthew) |
| Filing 15 MINUTE entry before the Honorable April M. Perry: Motion to seal #13 document exhibit 12 is granted. Mailed notice. (jcc,) |
| Filing 14 STATUS Report - Initial Status Report - by Khara Inc., Ground Works Co., Ltd (Werber, Matthew) |
| Filing 13 MOTION by Plaintiffs Khara Inc., Ground Works Co., Ltd to seal document exhibit #12 (Werber, Matthew) |
| Filing 12 SEALED EXHIBIT by Plaintiffs Khara Inc., Ground Works Co., Ltd - Amended Schedule A - regarding amended complaint, #11 (Werber, Matthew) |
| Filing 11 FIRST AMENDED complaint by Khara Inc., Ground Works Co., Ltd against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto (Attachments: #1 Exhibit TM Registrations, #2 Exhibit DHS, #3 Exhibit IP Rights, #4 Exhibit CBP)(Werber, Matthew) |
| Filing 16 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 12/27/2024: Mailed notice. (tg, ) |
| Filing 10 ATTORNEY Appearance for Plaintiffs Khara Inc., Ground Works Co., Ltd by Peter Krusiewicz (Krusiewicz, Peter) |
| Filing 9 MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal #4 is granted. Plaintiff is asked to file an Initial Status Report by 12/30/2024 consistent with the criteria listed on Judge Perry's website at www.ilnd.uscourts.gov. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 100 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). The Seventh Circuit has found it appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. Id. at 186 (discussing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)). The necessity of sua sponte evaluation intensifies "when it would take enormous time and effort to check the evidence such as screenshots of dozens and dozens of defendants' online stores amassed into a single case absent actual connections between the defendants." Id. By 12/30/2024, the plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described above. In the alternative, plaintiff has leave to file an amended complaint by 12/30/2024 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Mailed notice. (jcc,) |
| Filing 8 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (aee, ) |
| Filing 7 MAILED trademark report to Patent Trademark Office, Alexandria VA. (Attachments: #1 Trademarks) (aee, ) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Khara Inc., Ground Works Co., Ltd (Werber, Matthew) |
| 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 April M. Perry. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (dec, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Khara Inc., Ground Works Co., Ltd by Matthew A. Werber (Werber, Matthew) |
| Filing 4 MOTION by Plaintiffs Khara Inc., Ground Works Co., Ltd to seal document exhibit #3 (Werber, Matthew) |
| Filing 3 SEALED EXHIBIT by Plaintiffs Khara Inc., Ground Works Co., Ltd Schedule A regarding complaint, #1 (Werber, Matthew) |
| Filing 2 CIVIL Cover Sheet (Werber, Matthew) |
| Filing 1 COMPLAINT filed by Khara Inc., Ground Works Co., Ltd; Filing fee $ 405, receipt number AILNDC-22831689. (Attachments: #1 Exhibit 1 TM registrations, #2 Exhibit 2 - CPB, #3 Exhibit 3 - IP Rights, #4 Exhibit 4 - DHS)(Werber, Matthew) |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto | |
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| Plaintiff: Khara Inc. | |
| Represented By: | Matthew A. Werber |
| Represented By: | Peter Krusiewicz |
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| Plaintiff: Ground Works Co., Ltd | |
| Represented By: | Matthew A. Werber |
| Represented By: | Peter Krusiewicz |
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