Mahindra & Mahindra Ltd et al v. FCA US LLC

Plaintiff: Mahindra Automotive North America, Inc. and Mahindra & Mahindra Ltd
Defendant: FCA US LLC
Case Number: 2:2018cv12645
Filed: August 23, 2018
Court: Michigan Eastern District Court
0 Judge: Stephanie Dawkins Davis
1 Judge: Gershwin A Drain
Nature of Suit: Trademark
Cause of Action: 15:1051
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on October 10, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
October 10, 2018 41 TRANSCRIPT of Motion Hearing held on 9/28/2018. (Court Reporter: Merilyn Jones) (Number of Pages: 37) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/31/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/8/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/www.transcriptorders.com before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Jones, M)
October 4, 2018 40 NOTICE TO APPEAR: Scheduling Conference set for 10/25/2018 at 2:00 PM before District Judge Gershwin A. Drain. (TMcg)
October 2, 2018 39 Joint MOTION Status Conference by All Plaintiffs. (Attachments: #1 Exhibit A - Proposed Order) (Taggart, Leigh)
October 2, 2018 38 Featured Case OPINION and ORDER Denying Plaintiffs' #3 MOTION for Preliminary Injunction. Signed by District Judge Gershwin A. Drain. (TMcg)
September 28, 2018 Minute Entry for proceedings before District Judge Gershwin A. Drain: Motion Hearing held on 9/28/2018 re #3 MOTION for Preliminary Injunction filed by Mahindra Automotive North America, Inc., Mahindra & Mahindra Ltd Disposition: Motion denied (Court Reporter: Merilyn Jones) (JOwe)
September 18, 2018 37 MOTION to Stay FCA US LLC's Motion to Stay All Proceedings by FCA US LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Cimino, Frank)
September 18, 2018 36 ATTORNEY APPEARANCE: Judith A. Powell appearing on behalf of FCA US LLC (Powell, Judith)
September 17, 2018 35 Featured Case ORDER Granting Plaintiff's Unopposed #29 Motion for Leave to File a Reply Brief in Excess of the Page Limit in Support of their Motion for Preliminary Injunction. Signed by District Judge Gershwin A. Drain. (TMcg)
September 17, 2018 34 Featured Case STIPULATED ORDER Regarding Defendant's Responsive Pleading Deadline. Signed by District Judge Gershwin A. Drain. (TMcg)
September 14, 2018 33 DECLARATION by Leigh Taggart re #30 Reply to Response to Motion filed by All Plaintiffs (Attachments: #1 Index of Exhibits, #2 Exhibit A - 2002 PI Hearing Testimony excerpts of J. Sgalia, #3 Exhibit B - May 20, 2003 J. Sgalia Decl., #4 Exhibit C - August 8, 2003 J. Sgalia Decl., #5 Exhibit D - June 23, 2004 J. Sgalia Decl., #6 Exhibit E - DaimlerChrysler's June 28, 2004 amendment petition, #7 Exhibit F - DaimlerChrysler March 28, 2003 Amend. and Resp. to Office Action, #8 Exhibit G - Compilation of Jeep grille marks) (Taggart, Leigh)
September 14, 2018 32 DECLARATION by Paul Lowis re #30 Reply to Response to Motion filed by All Plaintiffs (Attachments: #1 Index of Exhibits, #2 Exhibit A- Approved Grille Design from 2009 Agreement, #3 Exhibit B - Representative technical drawing) (Taggart, Leigh)
September 14, 2018 31 DECLARATION by Richard Haas re #30 Reply to Response to Motion filed by All Plaintiffs (Attachments: #1 Exhibit A - 2008 Cease and Desist Letter to Mahindra) (Taggart, Leigh)
September 14, 2018 30 REPLY to Response re #3 MOTION for Preliminary Injunction filed by All Plaintiffs. (Taggart, Leigh)
September 13, 2018 29 MOTION for Leave to File Excess Pages for Plaintiffs' Reply in Support of Their Motion for Preliminary Injunction by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc.. (Taggart, Leigh)
September 11, 2018 28 NOTICE by FCA US LLC FCA US LLC's Notice of Supplemental Authority (Attachments: #1 Exhibit 1) (Cimino, Frank)
September 11, 2018 27 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by FCA US LLC (Cimino, Frank)
September 11, 2018 25 NOTICE of Appearance by Ka'Nea Kenyetta Brooks on behalf of All Plaintiffs. (Brooks, Ka'Nea)
September 10, 2018 26 Featured Case ORDER Granting FCA US LLC's Unopposed #22 Motion for an Order Authorizing it to file Under Seal Exhibits to its Opposition to Plaintiffs' Motion for Preliminary Injunction. Signed by District Judge Gershwin A. Drain. (TMcg)
September 7, 2018 24 SEALED EXHIBIT 5 (Unredacted Version of Document) re #21 Response to Motion, by FCA US LLC. (Cimino, Frank)
September 7, 2018 23 SEALED EXHIBIT 4 (Unredacted Version of Document) re #21 Response to Motion, by FCA US LLC. (Cimino, Frank)
September 7, 2018 22 MOTION to Seal FCA US LLC's Unopposed Motion for an Order Authorizing it to File Under Seal Exhibits to Its Opposition to Plaintiff's Motion for Preliminary Injunction by FCA US LLC. (Attachments: #1 Exhibit A, #2 Exhibit 4 (Redacted Version of Document), #3 Exhibit 5 (Redacted Version of Document)) (Cimino, Frank)
September 7, 2018 21 RESPONSE to #3 MOTION for Preliminary Injunction filed by FCA US LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Redacted Version), #5 Exhibit 5 (Redacted Version), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Cimino, Frank)
September 5, 2018 Set/Reset Deadlines as to #3 MOTION for Preliminary Injunction . Motion Hearing set for 9/28/2018 10:00 AM before District Judge Gershwin A. Drain (TBan)
September 4, 2018 20 Featured Case JOINT STIPULATED ORDER SETTING BRIEFING AND HEARING SCHEDULE. Signed by District Judge Gershwin A. Drain. (TBan)
August 31, 2018 19 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Preliminary Injunction by FCA US LLC. (Attachments: #1 Index of Exhibits Index, #2 Exhibit A - August 29, 2018 email from Patrick Seyferth to Leigh Taggart, #3 Exhibit B - August 30, 2018 email from the Court confirming submission of Proposed Joint Stipulated Order Setting Briefing and Hearing Schedule) (Seyferth, Patrick)
August 30, 2018 Set/Reset Deadlines as to #3 MOTION for Preliminary Injunction . Motion Hearing reset for 9/28/2018 10:00 AM before District Judge Gershwin A. Drain (TBan)
August 29, 2018 18 NOTICE of Appearance by Megan S. Woodworth on behalf of FCA US LLC. (Woodworth, Megan)
August 29, 2018 17 NOTICE of Appearance by Frank C. Cimino, Jr on behalf of FCA US LLC. (Cimino, Frank)
August 29, 2018 16 NOTICE of Appearance by Stephanie A. Douglas on behalf of FCA US LLC. (Douglas, Stephanie)
August 29, 2018 15 NOTICE of Appearance by Patrick G. Seyferth on behalf of FCA US LLC. (Seyferth, Patrick)
August 27, 2018 14 NOTICE by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc. re #8 Order,,, Set Motion and R&R Deadlines/Hearings,, Certificate of Compliance (Taggart, Leigh)
August 24, 2018 13 CERTIFICATE of Service/Summons Returned Executed. FCA US LLC served on 8/24/2018, answer due 9/14/2018. (Taggart, Leigh)
August 24, 2018 12 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Mahindra Automotive North America, Inc. (Taggart, Leigh)
August 24, 2018 11 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Mahindra & Mahindra Ltd (Taggart, Leigh)
August 24, 2018 10 SEALED EXHIBIT 1 - Unredacted Version of Document to be Sealed re #5 Declaration, by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc.. (Taggart, Leigh)
August 24, 2018 9 MOTION to Seal #5 Declaration, by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit 2 - Redacted Version of Document to be Sealed, #3 Exhibit 3 - Proposed Order) (Taggart, Leigh)
August 24, 2018 8 Featured Case ORDER Setting Briefing Schedule #3 MOTION for Preliminary Injunction filed by Mahindra Automotive North America, Inc., Mahindra & Mahindra Ltd., Set Motion and R&R Deadlines/Hearings as to #3 MOTION for Preliminary Injunction :( Response due by 9/4/2018, Reply due by 9/11/2018, Motion Hearing set for 9/26/2018 at 9:00 AM before District Judge Gershwin A. Drain). Signed by District Judge Gershwin A. Drain. (TMcg)
August 24, 2018 A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (EKar)
August 24, 2018 7 SUMMONS Issued for *FCA US LLC* (EKar)
August 23, 2018 6 DECLARATION by Leigh Taggart re #3 MOTION for Preliminary Injunction filed by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - United States TM Registration #2,794,553, #3 Exhibit 2 - ITC Complaint, #4 Exhibit 3 - United States TM Regis. #2,862,487, #5 Exhibit 4 - United States TM Regis. #2,161,779, #6 Exhibit 5 - United States TM Regis. #4,4043,984) (Taggart, Leigh)
August 23, 2018 5 DECLARATION by Luc Beaubien re #3 MOTION for Preliminary Injunction REDACTED filed by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - MANA Press Release) (Taggart, Leigh)
August 23, 2018 4 DECLARATION by Richard Haas re #3 MOTION for Preliminary Injunction filed by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Oct. 2009 Grille Agreement) (Taggart, Leigh)
August 23, 2018 3 MOTION for Preliminary Injunction by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc.. (Taggart, Leigh)
August 23, 2018 2 Trademark Report Sent To Washington (Taggart, Leigh)
August 23, 2018 1 COMPLAINT filed by Mahindra & Mahindra Ltd, Mahindra Automotive North America, Inc. against FCA US LLC with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6875512 - Fee: $ 400. County of 1st Plaintiff: Out of Country - County Where Action Arose: Oakland - County of 1st Defendant: Oakland. [Previously dismissed case: No] [Possible companion case(s): International Trade Commission, 337-TA-3330, Judge panel] (Attachments: #1 Index of Exhibits, #2 Exhibit 1- Oct. 19, 2009 Grille Agreement, #3 Exhibit 2 - ITC Complaint 337-TA-3330) (Taggart, Leigh)

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Defendant: FCA US LLC
Represented By: Patrick G. Seyferth
Represented By: Frank C. Cimino, Jr.
Represented By: Stephanie A. Douglas
Represented By: Judith A. Powell
Represented By: Megan S. Woodworth
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Plaintiff: Mahindra Automotive North America, Inc.
Represented By: Leigh C. Taggart
Represented By: Ka'Nea Kenyetta Brooks
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Plaintiff: Mahindra & Mahindra Ltd
Represented By: Leigh C. Taggart
Represented By: Ka'Nea Kenyetta Brooks
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