最近更新：2024-12-25
2023-cv-15984
| 日期 | 描述 |
|---|---|
| 03/27/2025 | MINUTE entry before the Honorable John F. Kness: Before the Court are a number of pending motions. Plaintiff's motion for preliminary injunction as to Defendant No. 8 (FHX-SJ) 44 is dismissed as moot because that Defendant was voluntarily dismissed with prejudice. 56. Plaintiff also seeks a preliminary injunction as to all Defendants other than Defendant No. 8. 25. The motion for a preliminary injunction is denied without prejudice because the operative complaint has been significantly narrowed or amended since the filing of the motion. (See 53 (First Amended Complaint); 59 (withdrawing Count VIII of the First Amended Complaint); 79 (withdrawing Counts II, III, and IV of First Amended Compliant).) Given the stage of the litigation, Plaintiff may, of course, seek default against any Defendants who have not appeared. Finally, as to the pending motion to dismiss 86, the Court held an in-person status hearing on 2/28/2025 but neglected to enter a contemporaneous minute order. As discussed at that hearing, Plaintiff's motion for extension of time 93 was granted. In addition, the Court entered a briefing schedule with which the parties complied. The motion to dismiss is now fully briefed and is taken under advisement. Mailed notice. |
| 03/21/2025 | REPLY by Counter Claimant Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt to memorandum in support of motion, 87, response in opposition to motion, 99 (De Preter, Matthew) |
| 03/14/2025 | RESPONSE by Grill Rescue LLC d/b/a RESCUE LLCin Opposition to MOTION by Defendant Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt to dismiss Plaintiff's Patent Infringement Claim Pursuant to Fed. R. Civ. P. 12(c) Presented before District Judge 86 |
| 02/28/2025 | NOTICE by Nicholas S. Lee of Change of Address |
| 02/24/2025 | MINUTE entry before the Honorable John F. Kness: The motion 95 to withdraw as counsel is granted for the reasons provided in the motion. Current lead counsel Edward L. Bishop and counsel Sameeul Haque are thus discharged. Counsel Nicholas S. Lee, who also has an appearance on file for Plaintiff (Dkt. 7), has apparently switched law firms but has not taken any steps to be designated as new lead counsel. As the motion to withdraw notes, it may be that Mr. Lee will become new lead counsel, but the record thus far is silent. A status hearing is therefore set for 2/28/2025 at 9:00 A.M.; Mr. Lee and lead counsel for any Defendant who has appeared must be present at that hearing in person. If Mr. Lee does not appear at the status hearing, the Court may, without further advance warning, dismiss Plaintiff's complaint for failure to prosecute and may enter a finding of default on any counterclaims, all based on the established principle that corporations must appear only through counsel. Mailed notice. |
| 02/18/2025 | REPLY by Defendant Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt to memorandum in support of motion, 87 to Dismiss (De Preter, Matthew) |
| 02/14/2025 | MOTION by Attorney Edward L. Bishop, Attorney Benjamin A. Campbell, and Attorney Sameeul Haque to withdraw as attorney for Grill Rescue LLC d/b/a RESCUE LLC. No party information provided Presented before District Judge |
| 02/04/2025 | RESPONSE by Defendant Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt to motion for extension of time to file response/reply 93 (De Preter, Matthew) |
| 02/03/2025 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for extension of time to file response/reply to Defendant's Motion to Dismiss (Partially Opposed Second Motion) Presented before District Judge |
| 01/28/2025 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Opposed Motion for Extension of Time to File a Response to Defendant's Motion to Dismiss 91 is granted. Mailed notice. |
| 01/21/2025 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for extension of time to file response/reply as to motion to dismiss 86, order on motion for leave to file excess pages, set motion and R&R deadlines/hearings, 89 Presented before District Judge |
| 12/27/2024 | 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. |
| 12/30/2024 | MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendant's Motion to Dismiss Plaintiff's Claims of Infringement of US Patent 850 86 : Plaintiff's response is due on or before 1/20/2025 and Defendant's reply, if any, is due on or before 2/3/2025. Defendant's motion for leave to file excess pages 88 is granted. Mailed notice. |
| 12/23/2024 | MOTION by Defendant Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt for leave to file excess pages in Support of Defendant's Motion to Dismiss Plaintiff's Patent Infringement Claim Pursuant to Fed. R. Civ. P. 12(c) Presented before District Judge (De Preter, Matthew) |
| 12/23/2024 | MEMORANDUM by Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt in support of motion to dismiss 86 Plaintiff's Patent Infringement Claim Pursuant to Fed. R. Civ. P. 12(c) 附件： 1:(Ex. F - US Patent No. 4821360)(De Preter, Matthew) 2:Ex. E - US Patent No. 5671498 3:Ex. D - US Patent No. 7020929 4:Ex. C - Comparison Chart of Figure Amendments During Prosecution of '850 Patent 5:Ex. B - File History of US Patent No. D946,850 6:Ex. A - US Patent No. D946,850 |
| 12/23/2024 | MOTION by Defendant Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt to dismiss Plaintiff's Patent Infringement Claim Pursuant to Fed. R. Civ. P. 12(c) Presented before District Judge (De Preter, Matthew) |
| 10/29/2024 | TRANSCRIPT OF PROCEEDINGS held on 6/26/2024 before the Honorable John F. Kness. Court Reporter Contact Information: Nancy LaBella, Nancy_LaBella@ilnd.uscourts.gov, 312-435-6890. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/19/2024. Redacted Transcript Deadline set for 11/29/2024. Release of Transcript Restriction set for 1/27/2025. |
| 10/28/2024 | MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference held on 10/28/2024. At this time, the Court reports that the case has not settled, and the parties have exhausted their settlement negotiations. The Magistrate Judge will leave the settlement referral open and counsel are directed to contact Judge McShain's chambers at any time if they want to reengage the Court's assistance with settlement. Mailed notice. |
| 10/16/2024 | MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference held on 10/16/2024,and continued to 10/28/2024 at 8:30 a.m. to further update on settlement. Counsel should utilize the same dial-in information. Mailed notice. |
| 10/08/2024 | MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference held on 10/08/2024, on settlement, and continued to 10/16/2024 at 8:30 a.m. Counsel should utilize the same dial-in information. Mailed notice. |
| 10/02/2024 | MINUTE entry before the Honorable John F. Kness: Agreed Motion for Partial Amendment of Pleadings 79 is granted. Mailed notice. |
| 09/27/2024 | MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference held on 09/27/2024 and continued to 10/08/2024 at 12:30 p.m., to further update on progress of settlement negotiations. Mailed notice. |
| 09/23/2024 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for Partial Amendment of Pleadings (Dkt. Nos. 51 and 62) (Agreed) Presented before District Judge |
| 09/06/2024 | MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference on settlement progress held on 09/06/2024, and continued to 09/27/2024 at 11:30 a.m. to further update on settlement. Mailed notice. |
| 08/30/2024 | MINUTE entry before the Honorable Heather K. McShain: On the Court's own motion, off-the-record telephone conference set for 09/05/2024 is reset to 09/06/2024 at 10:30 a.m. Mailed notice. |
| 08/28/2024 | MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference held on 08/28/2024 and continued to 09/05/2024 at 12:00 p.m., on settlement. Counsel should utilize the same dial-in information for the next telephone conference. Mailed notice. |
| 08/22/2024 | MINUTE entry before the Honorable Heather K. McShain: Ex parte and off-the-record telephone conferences with both sides held on 08/22/2024, to discuss settlement. Mailed notice. |
| 08/16/2024 | MINUTE entry before the Honorable Heather K. McShain: Off-the-record telephone conference held on 08/16/2024, in furtherance of settlement. For the reasons discuss with counsel, the Court does not believe that the settlement conference set for 08/22/2024 67 will be productive given the parties' current settlement positions. Accordingly, the Court strikes the settlement conference set for 08/22/2024 67. To explore if any progress can be made on settlement, the Court sets the following off the-record telephone conferences to candidly discuss the parties' settlement positions: ex parte with plaintiff's counsel on 08/22/2024 at 8:30 a.m.; ex parte with defendants' counsel on 08/22/2024 at 10:00 a.m.; and joint with counsel for both sides on 08/28/2024 at 10:00 a.m. Client representatives are free to participate in the ex parte telephone conferences but their participation is not required. Counsel should be prepared to candidly discuss the issues raised by the Court during today's telephone conference during the ex parte telephone conferences on 08/22/2024. Counsel to utilize the same dial-in information. Mailed notice. |
| 08/12/2024 | MINUTE entry before the Honorable Heather K. McShain: Due to a scheduling conflict for Plaintiff's counsel, off-the-record telephone conference set for 08/15/2024 is reset to 08/16/2024 at 9:30 a.m. Dial-in information sent to counsel remains the same. Mailed notice. |
| 08/09/2024 | MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' settlement proposals and needs to speak with counsel in advance of the settlement conference. An off-the-record telephone conference is set for 08/15/2024 at 10:30 a.m. Dial-in information will be emailed to counsel by Chambers in advance of the telephone conference. Mailed notice. |
| 07/26/2024 | MINUTE entry before the Honorable John F. Kness: In the light of ongoing settlement discussions before Magistrate Judge McShain, the status hearing set for 07/29/24 before me is stricken. If the parties nonetheless wish to be heard on the pending preliminary injunction motion, they may first discuss that issue with Magistrate Judge McShain and then, as warranted, ask her to recommend that I reschedule the hearing. Mailed notice. |
| 07/24/2024 | REPLY by Defendants Cookeyes, Geeker Cook, HZ.Deal, Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt to Response 69 and in Support of Defendants Request to Consider Its Supplemental Filings in Opposition to the Request for Preliminary Injunction (De Preter, Matthew) |
| 07/17/2024 | RESPONSE by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC to supplemental filings 57 58 附件： 1:(Exhibit B) 2:Exhibit A |
| 07/16/2024 | RESPONSE by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC to answer to amended complaint, counterclaim, 62 |
| 07/03/2024 | MINUTE entry before the Honorable Heather K. McShain: Telephone conference held on 07/03/2024. Remote settlement conference is set for 08/22/2024 at 8:00 a.m. (CDT). Plaintiff to provide settlement proposal to defendants by 07/25/2024. Defendants to provide response settlement proposal by 08/08/2024. All settlement proposals should be emailed to the Court at Settlement_Correspondence_McShain@ilnd.uscourts.gov on the same day they are provided to opposing counsel. Please note that settlement proposals are not to be filed on the CM-ECF system. The parties are encouraged to keep talking with one another after they exchange their settlement proposals, to further the settlement negotiations in advance of the conference itself. By 08/15/2024, parties shall confer and send ONE email to Chambers_McShain@ilnd.uscourts.gov identifying the email addresses of the individuals who intend to participate in the settlement conference. Parties have no objection to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations would be warranted. The parties are directed to review and comply with Judge McShain's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Settlement Conference"). Individuals with full and complete settlement authority on behalf of the parties are ordered to personally participate in the settlement conference. Mailed notice |
| 06/27/2024 | MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for a settlement conference 65. A telephone conference with the Court is scheduled for 07/03/2024 at 9:00 a.m. to discuss the parties' interest in settlement and, if appropriate, set a schedule for the exchange of settlement proposals and a date for the settlement conference. Counsel primarily responsible for representing the parties must participate in this conference call, and counsel should come prepared to discuss the availability of counsel and decisionmakers in August, September, and October. The Court will also address logistics for the settlement conference itself, which will take place remotely. In advance of the telephone conference, counsel are directed to review Magistrate Judge McShain's Standing Order for Settlement Conferences (available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Settlement Conferences"). To participate in the telephone conference, the dial-in number is 888-684-8852, followed by access code 8623687#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 06/27/2024 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: expedited settlement proceedings. Mailed notice. |
| 06/26/2024 | MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held 6/26/2024. For the reasons stated on the record, Defendants' motions to supplement [57] [58] are granted. Plaintiff is given leave to respond to the supplemental filings on or before 7/17/2024. Defendants' reply, if any, is due by 7/24/2024. An in-person motion hearing is set for 7/29/2024 at 10:00 A.M. Concurrent with the ongoing briefing of Plaintiff's motion for preliminary injunction, the parties requested a referral to the magistrate judge for settlement proceedings. The Court asks that the Executive Committee refer this case to Magistrate Judge McShain for an expedited settlement conference. Mailed notice. |
| 06/25/2024 | MINUTE entry before the Honorable John F. Kness: The hearing set for tomorrow, 6/26/2024, will be held by telephone instead of in person. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice |
| 06/25/2024 | ANSWER to amended complaint, and COUNTERCLAIM filed by Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt against Grill Rescue LLC d/b/a RESCUE LLC. by Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt 附件： 1:(Ex. 9 - File History of Trademark Registration No. 5996401 for GRILL RESCUE)(De Preter, Matthew) 2:Ex. 8 - File History of Trademark Registration No. 7005251 for RESCUE 3:Ex. 7 - May 12, 2015 Amazon Customer Review for Prior Art Chemical Guys MIC 292 08 Brush 4:Ex. 6 - July 16, 2017 Amazon Customer Review for Prior Art Chemical Guys MIC 292 08 Brush 5:Ex. 5 - Amazon Sale Page for Prior Art Chemical Guys MIC 292 08 Brush 6:Ex. 4 - File History D965987 7:Ex. 3 - USD965987 8:Ex. 2 - File History USD1018067 9:Ex. 1 - USD1018067 |
| 06/25/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cookeyes, Geeker Cook, HZ.Deal, Shenzhen Lantianjinrun Trading Co., Ltd. d/b/a GrillArt (De Preter, Matthew) |
| 06/25/2024 | ATTORNEY Appearance for Plaintiff Grill Rescue LLC d/b/a RESCUE LLC by Edward L. Bishop (LEAD COUNSEL) |
| 06/25/2024 | STIPULATION of Withdrawal of Count VIII of the First Amended Complaint |
| 06/18/2024 | MOTION by Defendants Cookeyes, Geeker Cook, HZ.Deal to supplement Opposition to Preliminary Injunction with Evidence of Recently Identified Prior Art [RENEWED Motion previously filed as Dkt. 51, denied without prejudice by Dkt. 55] 附件： 1:(Ex. C - Photographs of Physical Example of Prior Art Produc)(De Preter, Matthew) 2:Ex. B - Amazon Reviews of Prior Art Product Dating from May 21, 2015 3:Ex. A - Amazon Page of Prior Art Product Available Since June 28, 2010 |
| 06/18/2024 | MOTION by Defendants Cookeyes, Geeker Cook, HZ.Deal for leave to file Supplemental Declaration of XiaoDan Ruan in support of Defendants' Opposition to a Preliminary Injunction [RENEWED Motion previously filed as Dkt. 46, denied without prejudice by Dkt. 55] 附件： 1:(Declaration of XiaoDan Ruan)(De Preter, Matthew) 2:Declaration of Matthew De Preter |
| 06/17/2024 | NOTICE of Voluntary Dismissal by Grill Rescue LLC d/b/a RESCUE LLC Under Rule 41(a)(1) FHX-SJ (Def. #8). |
| 06/14/2024 | MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held 6/14/2024. Counsel for Plaintiff appeared. No one appeared on behalf of any Defendant. For the reasons stated on the record, and in view of counsel's failure to appear, the motions 46 and 51 of Defendants Cookeyes, Geeker Cook, and HZ.Deal are denied without prejudice. An in-person motion hearing is set for 6/26/2024 at 10:00 A.M. on Plaintiff's opposed motion for preliminary injunction 25. Lead counsel for all interested parties are directed to appear in-person at the motion hearing. Mailed notice. |
| 06/06/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cookeyes, Geeker Cook, HZ.Deal (Quezada Hastings, Sofia) |
| 06/04/2024 | AMENDED complaint by Grill Rescue LLC d/b/a RESCUE LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A 附件： 1:(Exhibit 8) 2:Exhibit 6 3:Exhibit 7 4:Exhibit 5 5:Exhibit 4 6:Exhibit 3 7:Exhibit 2 8:Exhibit 1 9:Schedule A |
| 05/16/2024 | MOTION by Defendants Cookeyes, Geeker Cook, HZ.Deal to supplement Opposition to Preliminary Injunction with Evidence of Recently Identified Prior Art |
| 05/07/2024 | MOTION by Defendants Cookeyes, Geeker Cook, HZ.Deal for leave to file Supplemental Declaration of XiaoDan Ruan in support of Defendants' Opposition to a Preliminary Injunction |
| 05/03/2024 | EXHIBIT by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC Corrected Exhibit A regarding MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for preliminary injunction as to Defendant No. 8, FHX-SJ 44 |
| 05/03/2024 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for preliminary injunction as to Defendant No. 8, FHX-SJ 附件： 1:(Exhibit A) |
| 04/30/2024 | MINUTE entry before the Honorable John F. Kness: Defendant acooker1856's Unopposed Motion for First Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint [41] is granted. Defendant acooker1856 must answer or otherwise plead to Plaintiff's complaint on or before 5/20/2024. Mailed notice. |
| 04/29/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for Leave to File its Reply in Support of its Motion for Entry of a Preliminary Injunction [39] is granted. An in-person motion hearing on Plaintiffs' Motion for Preliminary Injunction is set for 5/9/2024 at 10:00 A.M. Mailed notice. |
| 04/26/2024 | MOTION by Defendant acooker1856 for extension of time to file answer regarding complaint, 1 or otherwise respond (unopposed) |
| 04/23/2024 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for leave to file its Reply in Support of its Motion for Entry of a Preliminary Injunction Instanter |
| 04/18/2024 | NOTICE of Voluntary Dismissal by Grill Rescue LLC d/b/a RESCUE LLC Under Rule 41(a)(1) Chef's Innovation (Def. #1) |
| 04/15/2024 | RESPONSE by Cookeyes, Geeker Cook, HZ.Dealin Opposition to MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for preliminary injunction 25 附件： 1:Exhibit L 2:Exhibit K 3:Exhibit J 4:Exhibit I 5:Exhibit H 6:Exhibit G 7:Exhibit F 8:Exhibit E 9:Exhibit D 10:Exhibit C 11:Exhibit B 12:Exhibit A 13:(Exhibit M)(Quezada Hastings, Sofia) |
| 04/05/2024 | CERTIFICATE of Service by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC regarding order on motion for preliminary injunction, order on motion for miscellaneous relief, order on motion to set a briefing schedule, set deadlines, 31 附件： 1:(Exhibit A) |
| 04/05/2024 | SUMMONS Returned Executed by Grill Rescue LLC d/b/a RESCUE LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 4/5/2024, answer due 4/26/2024. 附件： 1:Declaration of Kathryn Smith 2:(Exhibit A) |
| 04/04/2024 | ATTORNEY Appearance for Defendants Cookeyes, Geeker Cook, HZ.Deal, The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A by William Luciano Niro |
| 04/04/2024 | ATTORNEY Appearance for Defendants Cookeyes, Geeker Cook, HZ.Deal, The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A by Matthew L. De Preter (De Preter, Matthew) |
| 04/04/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 25 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 4/15/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the orders 17 23 relating to the entry and extension of the temporary restraining order ("TRO") 18, as well as in Plaintiff's earlier motion 20 21 to extend the TRO, the TRO is further extended to and including the date on which 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff may file a concise reply to any written opposition to the preliminary injunction motion on or before 4/22/2024. Consistent with the relief provided in this order, the motion 29 of Defendants Cookeyes, Geeker Cook, and HZ.Deal to set a briefing schedule and Plaintiff's motion 27 to extend the TRO as to Defendant No. 8 are dismissed as moot. Mailed notice. |
| 04/01/2024 | MOTION by Defendants Cookeyes, Geeker Cook, HZ.Deal to set a briefing schedule for Plaintiff's Motion for Preliminary Injunction - Dkt. 25 |
| 03/28/2024 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC to Extend the Temporary Restraining Order as to Defendant No. 8 附件： 1:Declaration of Sameeul Haque 2:(Exhibit 1) |
| 03/28/2024 | MEMORANDUM by Grill Rescue LLC d/b/a RESCUE LLC in support of motion for preliminary injunction 25 附件： 1:Declaration of Sameeul Haque 2:(Exhibit 1) |
| 03/28/2024 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for preliminary injunction 附件： 1:(Exhibit A) |
| 03/28/2024 | SUMMONS Returned Executed by Grill Rescue LLC d/b/a RESCUE LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 3/28/2024, answer due 4/18/2024. 附件： 1:Declaration of Kathryn Smith 2:(Exhibit A) |
| 03/20/2024 | ORDER EXTENDING TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 3/20/2024. Mailed notice. |
| 03/20/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend the Temporary Restraining Order 20 is granted. Enter separate order. Mailed notice. |
| 03/15/2024 | MEMORANDUM by Grill Rescue LLC d/b/a RESCUE LLC in support of motion for miscellaneous relief 20 附件： 1:(Declaration of Sameeul Haque) |
| 03/15/2024 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC to Extend the Temporary Restraining Order |
| 03/08/2024 | SURETY BOND in the amount of $ 10,000 posted by Grill Rescue LLC d/b/a RESCUE LLC (Document not scanned.) |
| 03/04/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 3/4/2024. Mailed notice. |
| 03/04/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 10, and motion for alternative service of process 12 are granted in part. Plaintiff's submissions (e.g., Dkt. 11) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 4 and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants and stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's patented works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and 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 effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question the propriety of joining all Defendants in this one action, but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. |
| 02/05/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to amend Exhibit 2, Exhibit 6 and Schedule A to the complaint 14 is granted. Mailed notice. |
| 01/30/2024 | SEALED DOCUMENT by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC 附件： 1:Exhibit 2 to the Complaint (Amended) 2:(Exhibit 6 to the Complaint (Amended)) |
| 01/30/2024 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for Leave to Amend Exhibit 2, Exhibit 6, and Schedule A to the Complaint 附件： 1:Schedule A to the Complaint 2:Exhibit 2 to the Complaint 3:(Exhibit 6 to the Complaint) |
| 12/28/2023 | 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 Executive Committee on 12/28/2023: Mailed notice. |
| 11/21/2023 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for Alternative Service |
| 11/21/2023 | MEMORANDUM by Grill Rescue LLC d/b/a RESCUE LLC in support of motion for temporary restraining order 10 附件： 1:Declaration of Nicholas S. Lee 2:(Exhibit 1 to the Declaration) |
| 11/21/2023 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for temporary restraining order |
| 11/15/2023 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). |
| 11/15/2023 | ATTORNEY Appearance for Plaintiff Grill Rescue LLC d/b/a RESCUE LLC by Sameeul Haque |
| 11/15/2023 | ATTORNEY Appearance for Plaintiff Grill Rescue LLC d/b/a RESCUE LLC by Benjamin Adam Campbell |
| 11/15/2023 | ATTORNEY Appearance for Plaintiff Grill Rescue LLC d/b/a RESCUE LLC by Nicholas S. Lee |
| 11/15/2023 | Notice of Claims Involving Patents or Trademarks by Grill Rescue LLC d/b/a RESCUE LLC |
| 11/15/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grill Rescue LLC d/b/a RESCUE LLC |
| 11/15/2023 | SEALED DOCUMENT by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC Exhibit 2 to the Complaint 附件： 1:Exhibit 6 to the Complaint 2:(Schedule A to the Complaint) |
| 11/15/2023 | MOTION by Plaintiff Grill Rescue LLC d/b/a RESCUE LLC for leave to file Under Seal. |
| 11/15/2023 | CIVIL Cover Sheet |
| 11/15/2023 | COMPLAINT filed by Grill Rescue LLC d/b/a RESCUE LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-21334177. 附件： 1:Schedule A (Redacted) 2:Exhibit 1 3:Exhibit 2 (Redacted) 4:Exhibit 3 5:Exhibit 4 6:Exhibit 5 7:(Exhibit 6 (Redacted)) |
