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2020-cv-07812
| 日期 | 描述 |
|---|---|
| 04/15/2021 | ENTERED JUDGMENT Signed by the courtroom deputy on 04/15/2021. Emailed notice |
| 04/15/2021 | ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment 38 is granted. As explained in the Order, the statutory damages request of $50,000 per Defendant is reasonable. A separate AO-450 judgment shall be entered. The tracking status hearing of 04/16/2021 is vacated. Civil case terminated. Emailed notice |
| 04/08/2021 | NOTICE by Patagonia, Inc. re MOTION by Plaintiff Patagonia, Inc. for entry of default as to all DefendantsMOTION by Plaintiff Patagonia, Inc. for default judgment as to all Defendants 38 |
| 04/08/2021 | MEMORANDUM by Patagonia, Inc. in support of motion for entry of default, motion for default judgment 38 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 04/08/2021 | MOTION by Plaintiff Patagonia, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Patagonia, Inc. for default judgment as to all Defendants |
| 03/05/2021 | NEW PARTIES: patagoniamall.buzz, patagoniaoutletstores.buzz, pataonlinemall.buzz, pataoutlet.buzz, pataoutletstore.buzz, patastoreoutlet.buzz and patadiscount.buzz added to case caption. |
| 03/29/2021 | CHECK BOND in the amount of $1,000.00 posted by Patagonia, Inc, receipt no. 4624254540. |
| 03/04/2021 | PRELIMINARY INJUNCTION ORDER signed by the Honorable Edmond E. Chang on 3/4/2021. Mailed notice |
| 03/04/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [33] for preliminary injunction is granted, given the continued existence of the facts that justified the TRO. In light of the answer deadline of 03/22/2021, the tracking status hearing of 03/05/2021 is reset to 04/16/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint discovery status report by 04/08/2021, or if the Defendants are in default, then the Plaintiff shall file a motion for default judgment by that same deadline. Mailed notice |
| 03/01/2021 | NOTICE by Patagonia, Inc. re MOTION by Plaintiff Patagonia, Inc. for preliminary injunction 33 |
| 03/01/2021 | MEMORANDUM by Patagonia, Inc. in support of motion for preliminary injunction 33 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 03/01/2021 | MOTION by Plaintiff Patagonia, Inc. for preliminary injunction |
| 03/01/2021 | SUMMONS Returned Executed by Patagonia, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/1/2021, answer due 3/22/2021. 附件： 1:Declaration of Thomas J. Juettner |
| 02/26/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 02/18/2021 | REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/18/2021. Emailed notice |
| 02/18/2021 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/18/2021. Emailed notice (Main Document 30 replaced on 2/18/2021). |
| 02/18/2021 | MINUTE entry before the Honorable Edmond E. Chang: On review of the exhibits, joinder appears to be proper for the remaining Defendants. Plaintiff's motion 3 for leave to file under seal is granted. Plaintiff's motion 11 for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery is granted. The order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to Defendants, who likely would seek to transfer the money elsewhere. By 02/25/2021, Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). Plaintiff's motion 17 for electronic service of process is granted. The tracking status hearing of 02/19/2021 is reset to 03/05/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) on 03/01/2021. Mailed notice |
| 02/04/2021 | MINUTE entry before the Honorable Edmond E. Chang: The joinder issue remains under advisement. The tracking status hearing of 02/05/2021 is reset to 02/19/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 01/21/2021 | MINUTE entry before the Honorable Edmond E. Chang: The Court takes the joinder issue under advisement. The tracking status hearing of 01/22/2021 is reset to 02/05/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called).Emailed notice |
| 01/11/2021 | Joinder Position Statement by Patagonia, Inc. |
| 01/08/2021 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Amended Complaint, as well as sealed exhibits R. 15 and R. 16, the Court has some ideas but needs to confirm the joinder theory tying the named Defendants together. The Plaintiff shall file a Joinder Position Statement by 01/15/2021 (the filing may be under seal in light of the asset-restraint goal). To track the case only (no appearance is required, the case will not be called), a status hearing is set for 01/22/2021 at 8:30 a.m. Emailed notice |
| 01/05/2021 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 01/05/2021 | MAILED Trademark report to Patent Trademark Office, Alexandria VA 附件： 1:Trademarks |
| 01/04/2021 | Notice of Claims Involving Trademarks by Patagonia, Inc. |
| 01/04/2021 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Patagonia, Inc. |
| 01/04/2021 | NOTICE by Patagonia, Inc. re MOTION by Plaintiff Patagonia, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery[11], MOTION by Plaintiff Patagonia, Inc. for leave to file Under Seal[3], MOTION by Plaintiff Patagonia, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [17] |
| 01/04/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 |
| 01/04/2021 | MEMORANDUM by Patagonia, Inc. in support of motion for miscellaneous relief[17] |
| 01/04/2021 | MOTION by Plaintiff Patagonia, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 01/04/2021 | SEALED EXHIBIT by Plaintiff Patagonia, Inc. Exhibit 6 regarding declaration[14] |
| 01/04/2021 | SEALED EXHIBIT by Plaintiff Patagonia, Inc. Exhibit 5 regarding declaration[14] |
| 01/04/2021 | DECLARATION of Robert Tadlock regarding memorandum in support of motion[12] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 01/04/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 01/04/2021 | MEMORANDUM by Patagonia, Inc. in support of motion for temporary restraining order[11] |
| 01/04/2021 | MOTION by Plaintiff Patagonia, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, and Expedited Discovery |
| 01/04/2021 | SEALED EXHIBIT by Plaintiff Patagonia, Inc. Schedule A regarding amended complaint[9] |
| 01/04/2021 | AMENDED complaint by Patagonia, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A" 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 12/30/2020 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M Finnegan. Case assignment: Random assignment. |
| 12/30/2020 | ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Thomas Joseph Juettner |
| 12/30/2020 | ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Allyson M. Martin |
| 12/30/2020 | ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Amy Crout Ziegler |
| 12/30/2020 | ATTORNEY Appearance for Plaintiff Patagonia, Inc. by Justin R. Gaudio |
| 12/30/2020 | CIVIL Cover Sheet |
| 12/30/2020 | MOTION by Plaintiff Patagonia, Inc. for leave to file Under Seal |
| 12/30/2020 | SEALED EXHIBIT by Plaintiff Patagonia, Inc. Schedule A regarding complaint[1] |
| 12/30/2020 | COMPLAINT filed by Patagonia, Inc.; Filing fee $ 402, receipt number 0752-17788234. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
