最近更新:2025-05-17
更新

2021-cv-01287

Automobili Lamborghini America, LLC v. The Partnerships and Unincorporated Associations Identified On Schedule "A"

日期:03/08/2021

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
12/08/2022 ORDER Signed by the Honorable Edmond E. Chang on 12/08/2022: Plaintiff's motion for release of bond [39] is granted. The Clerk of the Court to return the one-thousand-dollar ($1,000) cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel by check made out to the Greer, Burns & Crain IOLTA account. Any interest earned, if any, to also be returned. Emailed notice
11/29/2022 MOTION by Plaintiff Automobili Lamborghini America, LLC for Release of Bond
05/12/2021 MAILED trademark report along with copy of order dated 05/11/2021 to Patent Trademark Office, Alexandria VA.
05/11/2021 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, R. 36, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), and to avoid unnecessary status hearings, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 02/04/2021. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Status hearing of 05/14/2021 is vacated. Civil case terminated. Emailed notice
05/06/2021 NOTICE of Voluntary Dismissal by Automobili Lamborghini America, LLC as to certain defendant
04/16/2021 NEW PARTIES: Sder Riding Store added to case caption.
04/15/2021 PRELIMINARY INJUNCTION ORDER signed by the Honorable Edmond E. Chang. As explained in the Order, the motion for preliminary injunction [31] is granted in light of the likelihood of success, irreparable injury and inadequate remedy at law, and the public interest. The tracking status hearing of 04/19/2021 is reset to 05/14/2021 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 initial status report by 05/06/2021. If instead the Defendant is in default, then the Plaintiff shall file a motion for default judgment on 05/07/2021. Emailed notice
04/12/2021 SUMMONS Returned Executed by Automobili Lamborghini America, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/12/2021, answer due 5/3/2021.
附件:
1:Declaration of Martin F. Trainor
04/12/2021 NOTICE by Automobili Lamborghini America, LLC re MOTION by Plaintiff Automobili Lamborghini America, LLC for preliminary injunction 31
04/12/2021 MEMORANDUM by Automobili Lamborghini America, LLC in support of motion for preliminary injunction 31
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
04/12/2021 MOTION by Plaintiff Automobili Lamborghini America, LLC for preliminary injunction
04/01/2021 SUMMONS Issued as to Defendant Sder Riding Store and The Individuals and Entities Operating Sder Riding Store.
03/31/2021 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/31/2021. Emailed notice
03/31/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for extension of the TRO [26] is granted because the same circumstances that justified the initial TRO remain in place. The TRO is extended from 04/05/2021 through 04/19/2021. The tracking status hearing of 04/02/2021 is reset to 04/19/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if necessary, the Plaintiff shall file a motion for preliminary injunction by 04/12/2021. Emailed notice
03/29/2021 CHECK BOND in the amount of $1,000.00 posted by Automobili Lamborghini America, LLC, receipt No. 4624254528.
03/29/2021 NOTICE by Automobili Lamborghini America, LLC re MOTION by Plaintiff Automobili Lamborghini America, LLC for extension of time of Temporary Restraining Order[26]
03/29/2021 MEMORANDUM by Automobili Lamborghini America, LLC in support of extension of time[26]
附件:
1:Declaration of Justin R. Gaudio
03/29/2021 MOTION by Plaintiff Automobili Lamborghini America, LLC for extension of time of Temporary Restraining Order
03/22/2021 (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/22/2021. Emailed notice
03/22/2021 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 03/22/2021. Emailed notice
03/22/2021 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 3 for leave to file under seal is granted. The Plaintiff's motion for temporary restraining order and other relief 10 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 Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of the Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. By 03/24/2021, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of the Defendants and omitting 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 04/02/2021 at 8:30 a.m. The Plaintiffs shall file the TRO extension motion (or a preliminary injunction motion) on 03/29/2021. Emailed notice
03/11/2021 Notice of Claims Involving Trademarks by Automobili Lamborghini America, LLC
03/11/2021 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Automobili Lamborghini America, LLC
03/11/2021 NOTICE by Automobili Lamborghini America, LLC re MOTION by Plaintiff Automobili Lamborghini America, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 17, MOTION by Plaintiff Automobili Lamborghini America, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 10, MOTION by Plaintiff Automobili Lamborghini America, LLC for leave to file under seal 3
03/11/2021 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18
附件:
1:Exhibit 1
2:Exhibit 2
03/11/2021 MEMORANDUM by Automobili Lamborghini America, LLC in support of motion for miscellaneous relief 17
03/11/2021 MOTION by Plaintiff Automobili Lamborghini America, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
03/11/2021 SEALED EXHIBIT by Plaintiff Automobili Lamborghini America, LLC Exhibit 3 regarding declaration 15
附件:
1:Exhibit 3
03/11/2021 DECLARATION of Dana A. Cizmadia regarding memorandum in support of motion 11
附件:
1:Exhibit 1
2:Exhibit 2
03/11/2021 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 11
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
03/11/2021 SEALED EXHIBIT by Plaintiff Automobili Lamborghini America, LLC Schedule A regarding amended complaint, 12
03/11/2021 AMENDED complaint by Automobili Lamborghini America, LLC against The Partnerships and Unincorporated Associations Identified on Schedule "A"
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
03/11/2021 MEMORANDUM by Automobili Lamborghini America, LLC in support of motion for temporary restraining order 10
03/11/2021 MOTION by Plaintiff Automobili Lamborghini America, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
03/09/2021 MAILED trademark report to Patent Trademark Office, Alexandria VA
03/09/2021 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment.
03/08/2021 ATTORNEY Appearance for Plaintiff Automobili Lamborghini America, LLC by Martin Francis Trainor
03/08/2021 ATTORNEY Appearance for Plaintiff Automobili Lamborghini America, LLC by Allyson M. Martin
03/08/2021 ATTORNEY Appearance for Plaintiff Automobili Lamborghini America, LLC by Amy Crout Ziegler
03/08/2021 ATTORNEY Appearance for Plaintiff Automobili Lamborghini America, LLC by Justin R. Gaudio
03/08/2021 CIVIL Cover Sheet
03/08/2021 MOTION by Plaintiff Automobili Lamborghini America, LLC for leave to file under seal
03/08/2021 SEALED EXHIBIT by Plaintiff Automobili Lamborghini America, LLC Schedule A regarding complaint[1]
03/08/2021 COMPLAINT filed by Automobili Lamborghini America, LLC; Filing fee $ 402, receipt number 0752-17999193.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

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