最近更新:2025-04-27
更新

2022-cv-01676

The Mountain Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:03/31/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
08/04/2022 ENTERED JUDGMENT Signed by the Courtroom Deputy on 8/4/22.
08/04/2022 MINUTE entry before the Honorable John Z. Lee: Minute order 28 is corrected: Plaintiff has not filed an amended complaint by the Court's deadline of 7/31/22, this case is dismissed without prejudice for want of prosecution. Civil case terminated.
08/04/2022 MINUTE entry before the Honorable John Z. Lee:Plaintiff has not filed an amended complaint by the Court's deadline of 7/31/22, this case will be dismissed without prejudice for want of prosecution. Civil case terminated.
07/01/2022 MINUTE entry before the Honorable John Z. Lee:Motion for leave to file excess pages 9 is granted.
07/01/2022 MINUTE entry before the Honorable John Z. Lee:Under Fed. R. Civ. P. 20(a)(2)(A)(B), multiple defendants may be joined in a single action where "A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action." Plaintiff argues that the thirty-two defendants listed in their Schedule A attachment are properly joined because they are all alleged to have done the same thingselling counterfeit The Mountain merchandise. But whether each defendant has sold counterfeit goods is a fact question specific to that defendant. And the plaintiff offers no reason to believe that these thirty-two defendants all took The Mountain's designs through the same transaction, occurrence, or series of transactions or occurrences. Plaintiff simply alleges that they are thirty-two entities that committed the same statutory violation. This is not enough to justify joinder. Joining these thirty-two defendants would not offer any of the efficiencies that Rule 20 aims to achieve. See United States v. Ladany, No. 14 C 3876, 2015 WL 9259523, at *4 (N.D. Ill. Dec. 18, 2015). Accordingly, Plaintiff is ordered to file an amended complaint in compliance with the framework laid out in the Court's June 22, 2020 order in Estee Lauder Cosmetics Ltd. et al. v. The Partnerships and Unincorporated Associations Identified on Schedule "A," 20-cv-845 at ECF No. 40. If such an amended complaint is not filed by July 31, 2022, this case will be dismissed for lack of prosecution.
05/05/2022 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit AA
05/05/2022 MEMORANDUM by The Mountain Corporation Plaintiff's Memorandum in Support of Joinder
04/29/2022 MINUTE entry before the Honorable John Z. Lee:As to the Court's previous order 22, Plaintiff is given until May 6, 2022 to submit its memorandum supporting joinder.
04/22/2022 MINUTE entry before the Honorable John Z. Lee:In light of the numerous defendants listed in their Amended Schedule A 21, Plaintiff is ordered to file a supplemental memorandum supporting joinder, per the Court's previous order 17.
04/18/2022 SEALED DOCUMENT by Plaintiff The Mountain Corporation Amended Schedule A
04/18/2022 AMENDED complaint by The Mountain Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Exhibit 1)
04/05/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
04/05/2022 MAILED trademark report to Patent Trademark Office, Alexandria VA
04/04/2022 MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion for leave to file under seal 6 is granted. Plaintiff is given until April 18, 2022 to file a memorandum supporting joinder of defendants that engages in detail with the joinder framework set forth in the Court's June 22, 2020 order in Estee Lauder Cosmetics Ltd. et al. v. The Partnerships and Unincorporated Associations Identified on Schedule "A," 20-cv-845 at ECF No. 40. Plaintiff may alternatively file an amended complaint that is in compliance with that framework.
03/31/2022 Notice of Claims Involving Trademarks by The Mountain Corporation
03/31/2022 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 4 of Doyon Declaration
03/31/2022 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 3 of Doyon Declaration
03/31/2022 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 2 of Doyon Declaration
03/31/2022 SEALED DOCUMENT by Plaintiff The Mountain Corporation Exhibit 2 Part 1 of Doyon Declaration
03/31/2022 MEMORANDUM by The Mountain Corporation in support of motion for temporary restraining order, 10
附件:
1:Declaration Doyon Declaration
2:Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:(Exhibit Hierl Exhibit 3)
03/31/2022 MOTION by Plaintiff The Mountain Corporation for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
03/31/2022 MOTION by Plaintiff The Mountain Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
03/31/2022 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
03/31/2022 CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment.
03/31/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Mountain Corporation
03/31/2022 SEALED DOCUMENT by Plaintiff The Mountain Corporation Sealed Schedule A
03/31/2022 MOTION by Plaintiff The Mountain Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
03/31/2022 ATTORNEY Appearance for Plaintiff The Mountain Corporation by Robert Payton Mcmurray
03/31/2022 ATTORNEY Appearance for Plaintiff The Mountain Corporation by William Benjamin Kalbac
03/31/2022 ATTORNEY Appearance for Plaintiff The Mountain Corporation by Michael A. Hierl
03/31/2022 CIVIL Cover Sheet
03/31/2022 COMPLAINT filed by The Mountain Corporation; Jury Demand. Filing fee $ 402, receipt number 0752-19298609.
附件:
1:(Exhibit 1)

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