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2021-cv-04699

Volkswagen Group of America, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

日期:

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
01/24/2022 MAILED Trademark report to Patent Trademark Office, Alexandria VA
01/21/2022 ENTERED JUDGMENT on 1/21/2022. Mailed notice
01/21/2022 FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 1/21/2022. Mailed notice
01/21/2022 MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment is granted in the amount of $15,000 and a permanent injunction shall be entered in light of the finding of willfulness based on the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 01/28/2022 is vacated. Civil case terminated. Mailed notice
01/20/2022 NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default MOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to all Defendants[36]
01/20/2022 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[37]
附件:
1:Exhibit 1
01/20/2022 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for entry of default, motion for default judgment[36]
01/20/2022 MOTION by Plaintiff Volkswagen Group of America, Inc. for entry of default, MOTION by Plaintiff Volkswagen Group of America, Inc. for default judgment as to all Defendants
12/20/2021 NEW PARTIES: Automoblie Part ST added to case caption.
12/17/2021 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 12/17/2021. Emailed notice
12/17/2021 MINUTE entry before the Honorable Edmond E. Chang: In light of the facts that justified the entry of the TRO, the Plaintiff's motion for preliminary injunction 30 is granted. With the answer deadline of 01/07/2022, the tracking status hearing of 12/23/2021 is reset to 01/28/2022 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 the joint initial status report (or if the Defendant is in default, the Plaintiff shall file a default judgment motion) by 01/20/2022. Emailed notice
12/17/2021 SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/17/2021, answer due 1/7/2022.
附件:
1:Declaration of Martin F. Trainor
12/17/2021 NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction 30
12/17/2021 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for preliminary injunction 30
附件:
1:Declaration of Allyson M. Martin
2:Exhibit 1
12/17/2021 MOTION by Plaintiff Volkswagen Group of America, Inc. for preliminary injunction
12/16/2021 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
12/03/2021 ORDER Signed by the Honorable Edmond E. Chang on 12/3/2021: In light of the applicability of the circumstances that justified entry of the initial TRO, the extension motion 26 is granted. The TRO is extended through 12/22/2021. The tracking status hearing of 12/08/2021 is reset to 12/23/2021 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 the joint status report or the Plaintiff will file the preliminary injunction motion (if appropriate) by 12/17/2021. Emailed notice
12/03/2021 NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order 26
12/03/2021 MEMORANDUM by Volkswagen Group of America, Inc. in support of extension of time 26
附件:
1:Declaration of Justin R. Gaudio
12/03/2021 MOTION by Plaintiff Volkswagen Group of America, Inc. for extension of time of Temporary Restraining Order
11/24/2021 (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/24/2021. Emailed notice
12/01/2021 BOND in the amount of $1,000.00 check posted by Volkswagen Group of America, Inc.
11/24/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 11/24/2021. Emailed notice
11/24/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 12 for temporary restraining order and other relief is granted. An 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), the 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, the Defendant 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 the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 3 for leave to file under seal is granted in light of the asset-restraint goal. By 12/06/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the Defendant from the text of the order and omitting Amended Schedule A). The Plaintiff's motion 17 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 12/08/2021 at 8:30 a.m. If appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 12/03/2021. Emailed notice
09/08/2021 Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc.
09/08/2021 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc.
09/08/2021 NOTICE by Volkswagen Group of America, Inc. re MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 17, MOTION by Plaintiff Volkswagen Group of America, Inc. for leave to file under seal 3, MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 12
09/08/2021 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18
附件:
1:Exhibit 1
2:Exhibit 2
09/08/2021 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for miscellaneous relief 17
09/08/2021 MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
09/08/2021 SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Exhibit 3 regarding declaration 15
附件:
1:Exhibit 3
09/08/2021 DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion 13
附件:
1:Exhibit 1
2:Exhibit 2
09/08/2021 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
09/08/2021 MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for temporary restraining order 12
09/08/2021 MOTION by Plaintiff Volkswagen Group of America, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
09/08/2021 SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding amended complaint, 10
09/08/2021 AMENDED complaint by Volkswagen Group of America, 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
09/03/2021 MAILED Trademark report to Patent Trademark Office, Alexandria VA
09/02/2021 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment.
09/02/2021 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Martin Francis Trainor
09/02/2021 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Allyson M. Martin
09/02/2021 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler
09/02/2021 ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio
09/02/2021 CIVIL Cover Sheet
09/02/2021 MOTION by Plaintiff Volkswagen Group of America, Inc. for leave to file under seal
09/02/2021 SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding complaint[1]
09/02/2021 COMPLAINT filed by Volkswagen Group of America, Inc.; Filing fee $ 402, receipt number 0752-18630812.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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