2021-cv-01287
| 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 |