最近更新:2025-04-20
更新

2025-cv-04278

Revelyst Operations LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto

日期:04/18/2025

法院:伊利诺伊州北区法院

品牌:

律所:Nixon Peabody

日期 描述
07/10/2025 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 9/23/2025, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice.
05/21/2025 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated therein, Plaintiff's motion to seal the second amended Schedule A to the Plaintiff's second amended complaint 19 is granted. Mailed notice.
05/16/2025 MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit 18
05/16/2025 SEALED EXHIBIT by Plaintiff Revelyst Operations LLC -- SECOND AMENDED SCHEDULE A (sealed) -- regarding amended complaint, 17
05/16/2025 SECOND AMENDED complaint by Revelyst Operations LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto
附件:
1:(Exhibit 4 - DHS)
2:Exhibit 3 - IP Rights
3:Exhibit 1 - TM Registrations
4:Exhibit 2 - CBP
05/15/2025 MINUTE entry before the Honorable Franklin U. Valderrama: On 4/25/2025, the Court dismissed Plaintiff's complaint, which named 43 defendants, for misjoinder [10]. Plaintiff then filed an amended complaint naming 7 defendants, along with a memorandum of law explaining why joinder is proper [11] [13]. In support of joinder, Plaintiff emphasizes that the defendants all offer "precisely the same infringing mount kit product using identical images, and effectively identical product descriptions." R. 13 at 2. However, this argument was considered and rejected in the Court's original Order dismissing Plaintiff's complaint. See R. 10 at 3 ("While Plaintiff points out that some Defendants' product descriptions use the same or similar wording and/or the same pictures, that does not establish that Defendants are the same or are working together.") (citing Bailie v. Partnerships and Unincorporated Associations, 2024 WL 2209698 at *5 (May 15, 2024) ("[E]ven if defendants' webpages were all identical, joinder is improper because use of identical web pages would not overcome the likelihood that Defendants are just copycats, both of the [plaintiff's] style and of each other.") (cleaned up)). And although Plaintiff argues that it will be more economical for the Court to allow joinder here, the Court cannot circumvent the requirements of Federal Rule of Civil Procedure 20 for its own convenience. Accordingly, the Court dismisses Plaintiff's amended complaint without prejudice for misjoinder. Plaintiff has fourteen days from the date of this Order to file a second amended complaint naming one defendant. If Plaintiff's second amended complaint names more than one defendant, Plaintiff must submit a memorandum along with sufficient documentary evidence in support of joinder under Rule 20. The Court denies Plaintiff's motion to seal [15] as moot. Mailed notice.
04/29/2025 MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit, 14, exhibit 12
04/29/2025 SEALED EXHIBIT by Plaintiff Revelyst Operations LLC EXHIBITS 1 AND 2 TO THE DECLARATION OF MATTHEW A WERBER regarding memorandum, 13
附件:
1:Exhibit 1 to the Werber Declaration
2:(Exhibit 2 to the Werber Declaration)
04/29/2025 MEMORANDUM order on motion to seal document, 10 by Revelyst Operations LLC PLAINTIFF'S MEMORANDUM REGARDING JOINDER OF DEFENDANTS SCHEDULE A
附件:
1:Declaration of Matthew Werber
2:(Unpublished)
04/29/2025 SEALED EXHIBIT by Plaintiff Revelyst Operations LLC - Amended Schedule A - regarding amended complaint, 11
04/29/2025 AMENDED complaint by Revelyst Operations LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto
附件:
1:(Exhibit 4 - DHS)
2:Exhibit 3 - IP Rights
3:Exhibit 2 - CBP
4:Exhibit 1 - TM Registrations
04/25/2025 ORDER: For the reasons set forth in the accompanying Order, the Court dismisses Plaintiff's complaint without prejudice for misjoinder. Plaintiff has until 05/08/2025 to file an amended complaint naming one defendant or a group of properly joined defendants. If the latter, Plaintiff must also file a memorandum explaining why joinder of those defendants is proper. The Court denies Plaintiff's motion for leave to file certain documents under seal 4 as moot. Signed by the Honorable Franklin U. Valderrama on 4/25/2025. Mailed notice.
04/21/2025 ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Peter Krusiewicz
04/21/2025 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
04/21/2025 MAILED trademark report to Patent Trademark Office, Alexandria VA.
04/21/2025 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.
04/21/2025 CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2).
04/18/2025 ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Matthew A. Werber
04/18/2025 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Revelyst Operations LLC
04/18/2025 MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit 3
04/18/2025 SEALED EXHIBIT by Plaintiff Revelyst Operations LLC - Schedule A to Complaint - regarding complaint, 1
04/18/2025 CIVIL Cover Sheet
04/18/2025 COMPLAINT filed by Revelyst Operations LLC ; Filing fee $ 405, receipt number AILNDC-23371587.
附件:
1:(Exhibit 4 - DHS)
2:Exhibit 2 - CBP
3:Exhibit 1 - TM Registrations
4:Exhibit 3 - IP Rights

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