最近更新:2025-01-24
更新

2025-cv-00808

Harley-Davidson Motor Company, Inc. v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:01/23/2025

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
04/15/2025 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 4/24/2025 at 9:00 a.m. is converted to a telephone hearing as to the motion for entry of default and for default judgment [47]. Mailed notice.
04/15/2025 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[48]
附件:
1:Exhibit 1
04/15/2025 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for entry of default, motion for default judgment, [47]
附件:
1:Exhibit 2
2:Exhibit 1
04/15/2025 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to all Defendants
附件:
1:Exhibit A
04/15/2025 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain Defendants
04/09/2025 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Rachel Meira Ackerman
04/03/2025 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant
03/27/2025 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants
03/20/2025 NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant
03/17/2025 NEW PARTIES: A2Z6WSJIXPOHWV, caifenghuadian, ChangJiUS, ChangUs, fengshounian, Fiwbnasz, GOSHENTECH, Guangzhou Biaotai Trading Co., Ltd, guo5665, HaoChengJZ, HmongCo, HYTTRADE, JingQiMaoyyy, jininshengxindianzi, ling-rui, LULEI-shop, Marstime, NaiYuShangMao, Orocensn, OVARIA, QIAOyaqing, shiwenqaing998, Sungangfeng, xingtaifanzhu5665, Xpipnns, YuLiN, ZhiKuanMaoYiYouXianGongSi, Zikako, atsle-7594, Brinparts, lbdn5560, Numo5201, roaopp-moto, rrtncqia, supwa-40, thomasyoung1985, wendy, yssn5149, zbmh7788, ZX3385, DINITOP, EINAUDI, Happy Life Way, KingofMoto, KP MOTOR, KTMOTOR, LL MOTOR, Tops man, Vintage Vista, Blossomir, cailixing, Depato, Duulaya and ZYGDL added to case caption.
03/17/2025 PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 3/17/2025. Mailed notice.
03/17/2025 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 3/17/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 36 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 2 to the Declaration of Adraea M. Brown 16, and the TRO 30. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 4/24/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
03/14/2025 MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 36 is set for 3/17/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
03/13/2025 SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/13/2025, answer due 4/3/2025.
附件:
1:Exhibit A
2:Declaration of Lucas A. Peterson
03/13/2025 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction[36]
附件:
1:Declaration of Marcella D. Slay
03/13/2025 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction
附件:
1:Exhibit A
03/05/2025 SURETY BOND in the amount of $ 39,000.00 posted by Harley-Davidson Motor Company, Inc.
03/05/2025 SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
03/04/2025 Registry Deposit Information Form by Harley-Davidson Motor Company, Inc.
03/04/2025 SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Harley-Davidson Motor Company, Inc.
03/04/2025 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Lucas Allen Peterson
03/04/2025 SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/4/2025. Mailed notice.
03/04/2025 MINUTE entry before the Honorable Thomas M. Durkin: Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [17] is granted. Mailed notice.
03/04/2025 MINUTE entry before the Honorable Thomas M. Durkin: Pending before the Court is Plaintiff's ex parte motion for a temporary restraining order ("TRO") against 39 defendants ("Defendants"). This Court has declined to grant the extraordinary remedy of a TRO in other "Schedule A" cases absent evidence that each Defendant sold and delivered an allegedly infringing product to an Illinois customer. Following the Court's inquiry about that evidence during the January 29, 2025 ex parte hearing on the motion for a TRO in this case, Plaintiff's counsel filed a supplemental brief contesting the delivery requirement and a renewed motion. See R. 25. Upon review of the relevant case law and the factual record, the Court finds the evidence that Plaintiff ordered and paid for an allegedly infringing product to be delivered to Illinois sufficient to show that each Defendant purposefully availed itself of the privilege of conducting business in Illinois, without confirmation of delivery to Illinois. See R. 26 16 (attesting that orders were placed from all Defendants to addresses in Illinois); R. 16-1 (screenshots showing confirmed, paid-for orders by buyers with Illinois shipping addresses); Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 400 (7th Cir. 2020) (defendant's sales to Illinois residents "provides solid evidence that [defendant] has purposely exploited the Illinois market") (citation omitted); Illinois v. Hemi Grp. LLC, 622 F.3d 754, 758 (7th Cir. 2010) (finding purposeful direction where defendant both maintained website from which orders could be placed from Illinois and "knowingly did do business with Illinois residents"); see also NBA Props., Inc. v. HANWJH, 46 F.4th 614, 62223 (7th Cir. 2022) (citing Curry and Hemi with approval); Pit Viper LLC v. Xi'an Jiaye Tengda Trading Co., Ltd., No. 23 C 14761, 2024 WL 5039888, at *4 (N.D. Ill. Dec. 9, 2024) (finding personal jurisdiction where defendant sold a counterfeit product to plaintiff for shipment to an Illinois address but cancelled the order several days later); Manchester United Football Club Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 24 CV 5692, 2024 WL 5202272, at *5 (N.D. Ill. Dec. 23, 2024) (finding personal jurisdiction where defendant accepted an order from an Illinois resident, received payment, and then canceled the order). On that basis, the renewed motion for a TRO [27] is granted and the previously filed motion for a TRO [12] is stricken as moot. Plaintiff is to submit a proposed TRO consistent with this order to the Proposed Order Inbox. Mailed notice.
02/13/2025 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Renewed)
02/12/2025 DECLARATION of Justin R. Gaudio regarding supplement[25]
附件:
1:Exhibit 11
2:Exhibit 10
3:Exhibit 9
4:Exhibit 8
5:Exhibit 7
6:Exhibit 6
7:Exhibit 5
8:Exhibit 4
9:Exhibit 3
10:Exhibit 2
11:Exhibit 1
12:Exhibit 12
13:Exhibit 13
14:Exhibit 14
02/12/2025 SUPPLEMENT to motion for temporary restraining order[12]
02/11/2025 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jn,)
02/11/2025 MAILED trademark report to Patent Trademark Office, Alexandria VA. (jn,)
01/31/2025 TRANSCRIPT OF PROCEEDINGS held on 01/29/2025 before the Honorable Thomas M. Durkin. Ex Parte Telephone Conference. Order Number: 50911. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/21/2025. Redacted Transcript Deadline set for 3/3/2025. Release of Transcript Restriction set for 5/1/2025.
01/31/2025 MINUTE entry before the Honorable Thomas M. Durkin: Transcript of ex parte telephone conference held on 1/29/2025 is ordered unsealed. Mailed notice.
01/29/2025 MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 1/29/2025. Motion for entry of a temporary restraining order [12] is entered and continued. Mailed notice.
01/27/2025 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]
01/27/2025 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief[17]
01/27/2025 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
01/27/2025 SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 2 regarding declaration[15]
01/27/2025 DECLARATION of Adraea M. Brown regarding memorandum in support of motion[13]
附件:
1:Exhibit 1
01/27/2025 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]
01/27/2025 MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for temporary restraining order[12]
01/27/2025 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
01/24/2025 MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 3 is granted. Mailed notice.
01/23/2025 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.
01/23/2025 CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Daniel P McLaughlin. Case assignment: Random assignment. (Civil Category 2).
01/23/2025 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Yu Hin Jeffrey Tsai (Tsai, Yu Hin)
01/23/2025 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay
01/23/2025 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler
01/23/2025 ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio
01/23/2025 Notice of Claims Involving Trademarks by Harley-Davidson Motor Company, Inc.
01/23/2025 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.
01/23/2025 CIVIL Cover Sheet
01/23/2025 MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under seal
01/23/2025 SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]
01/23/2025 COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-22991736.
附件:
1:Exhibit 1

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