最近更新：2025-02-05
2025-cv-01193
| 日期 | 描述 |
|---|---|
| 05/15/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Motion to Extend the Temporary Restraining Order 28. The Temporary Restraining Order 23 shall now expire on May 30, 2025 at 6:00 p.m. Mailed notice. |
| 05/14/2025 | MOTION by Plaintiff Talon Tools, LLC for extension of time of Temporary Restraining Order 23 附件： 1:(Declaration of Alison K. Carter) |
| 05/13/2025 | SUMMONS Issued (Court Participant) as to Defendant The Partnerships Identified on Schedule A |
| 05/02/2025 | SURETY BOND in the amount of $ 10,000.00 posted by Talon Tools, LLC. (Document not imaged) (Received at the Intake Counter on 05/02/2025) |
| 04/29/2025 | SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 4/29/2025. Mailed notice. |
| 04/29/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's ex parte motion for a temporary restraining order 14, motion for leave to file under seal 11, and motion for electronic service of process 17. Provided that Plaintiff provides the security described in paragraph 10 of the temporary restraining order, the temporary restraining order shall become effective on 5/2/2025 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Mailed notice. |
| 03/20/2025 | AMENDED complaint by Talon Tools, LLC against The Partnerships Identified on Schedule A 8 附件： 1:(Exhibit 1) |
| 03/18/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court strikes minute entry 19. The pending motions remain under advisement. The Court directs the Plaintiff to file an amended complaint consistent with the amended schedule A in this case 8 by 3/20/25. Mailed notice. (jcm) (Main Document 20 replaced on 3/18/2025). |
| 03/13/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: On review of the complaint and the memorandum in support of Plaintiff's motion for a temporary restraining order, the Court raises the propriety of joinder of the 97 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "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"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024).). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "[d]efendants, without any authorization or license, have knowingly and willfully infringed the [] Trademark in connection with the manufacturing, advertisement, distribution, offering for sale, and sale of illegal, infringing, and counterfeit products into the United States and Illinois." R. 1, para. 29. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Federal Rule of Civil Procedure 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Accordingly, the Court directs Plaintiff to file, on or before 3/19/25, a supplemental memorandum addressing the propriety of joinder, including, pursuant to Fed. R. Civ. P. 11(c)((3), showing cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice. |
| 03/03/2025 | MEMORANDUM by Talon Tools, LLC in support of motion for miscellaneous relief 17 附件： 1:(Exhibit 1) 2:Declaration of Ann Marie Sullivan |
| 03/03/2025 | NEW PARTIES: Talon Tools, LLC added to case caption. Terminating XYZ Corporation |
| 03/03/2025 | MOTION by Plaintiff Talon Tools, LLC Electronic Service of Process |
| 03/03/2025 | SEALED DOCUMENT by Plaintiff Talon Tools, LLC Exhibit 2 to the Declaration in Support of Motion [15-1] |
| 03/03/2025 | MEMORANDUM by Talon Tools, LLC in support of motion for temporary restraining order 14 附件： 1:(Exhibit 1) 2:Declaration in Support of Motion |
| 03/03/2025 | MOTION by Plaintiff Talon Tools, LLC for temporary restraining order |
| 03/03/2025 | Notice of Claims Involving Trademarks by Talon Tools, LLC |
| 03/03/2025 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Talon Tools, LLC |
| 03/03/2025 | MOTION by Plaintiff Talon Tools, LLC for leave to file certain documents under seal |
| 03/03/2025 | NEW PARTIES: Talon Tools, LLC added to case caption. Terminating XYZ Corporation |
| 02/13/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Gouthami Vanam Tufts |
| 02/11/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by John Joseph Mariane, IV |
| 02/07/2025 | SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Schedule A |
| 02/05/2025 | 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. |
| 02/05/2025 | CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). |
| 02/05/2025 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 02/05/2025 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 02/05/2025 | 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. |
| 02/05/2025 | CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). |
| 02/04/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 02/04/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
| 02/04/2025 | CIVIL Cover Sheet |
| 02/04/2025 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted) 附件： 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
| 02/04/2025 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-23044962. |
