最近更新:2025-05-14
更新

2023-cv-00629

Zorro Productions, Inc. v. The Individual, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:02/02/2023

法院:伊利诺伊州北区法院

品牌:Zorro 佐罗

律所:HSP

日期 描述
03/06/2024 RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8861 9582.
02/27/2024 MAILED ten thousand ($10,000) surety bond posted by Plaintiff via certified mail, article number 7022 3330 0001 8861 9582 to counsel of record for Plaintiff, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602.
02/21/2024 FINAL JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 2/21/2024.
02/21/2024 MINUTE entry before the Honorable Nancy L. Maldonado:Default motion hearing held on 2/21/2024 via Webex Video Conference. Defendants did not appear or object. Plaintiff's motion for entry of default and default judgment 55 is granted. Judgment is entered in favor of the Plaintiff and against the Defendants in the amount of fifty thousand ($50,000) in statutory damages per Defendant. The ten thousand ($10,000) surety bond posted by Plaintiff is hereby released via certified mail to counsel of record for Plaintiff, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. Enter Final Judgment Order. Civil case terminated.
02/05/2024 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Zorro Productions, Inc.
02/02/2024 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for default judgment 55 is set for hearing on 02/21/24 at 10:00 a.m. by WebEx video conference, at which time Plaintiff should be prepared to address the support for an award of $400,000 in statutory damages. The dial-in number for the public is: 650-479-3207; access code is: 23033986013. The parties will receive a WebEx invitation by email. Defendant shall have until 02/20/24 to file an appearance or objection to entry of default. Defendants' failure to appear at the hearing will result in the entry of default judgment against Defendants. Plaintiff shall serve their motion for default judgment and a copy of this minute entry on Defendants no later than 2/9/24. Plaintiff shall also promptly file a certificate of service, confirming they have served Defendants with notice of the motion and hearing.
02/01/2024 DECLARATION of Michael A. Hierl regarding motion for default judgment, 55
附件:
1:(Exhibit Hierl Exhibit 1)
02/01/2024 MEMORANDUM by Zorro Productions, Inc. in support of motion for default judgment, 55
附件:
1:Exhibit 1
2:(Exhibit 2)
02/01/2024 MOTION by Plaintiff Zorro Productions, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A
附件:
1:(Exhibit Amended Schedule A)
02/01/2024 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Zorro Productions, Inc.
01/05/2024 STATUS Report by Zorro Productions, Inc.
12/28/2023 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.
11/01/2023 MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendants No. 6 ARZOYO Action Figure Store and Defendant No. 29 Model Room Store are dismissed with prejudice.
10/31/2023 NOTICE of Voluntary Dismissal by Zorro Productions, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 6, 29
10/26/2023 NEW PARTIES: ARZOYO Action Figure Store, LuckyToy Store, MayFly Store, Model Room Store, 3ATOYS Supplier Store and IronFinger Toy Store added to case caption.
10/25/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 10/25/2023.
10/24/2023 MINUTE entry before the Honorable Nancy L. Maldonado: Preliminary Injunction hearing held on 10/24/2023 via Webex. Defendants did not appear. Plaintiff's counsel reports they provided notice of today's hearings to Defendants and in future cases before this Court, should file a certificate of service demonstrating it provided notice to defendants. Plaintiff's motion for preliminary injunction [42] is granted as unopposed. Enter Preliminary Injunction Order. The Clerk is directed to unseal Temporary Restraining Order [36] that was previously filed under seal. Plaintiff's counsel is ordered to add Defendants' names listed on the Schedule A of the Amended Complaint to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf.
10/20/2023 SUMMONS Returned Executed by Zorro Productions, Inc. as to The Individual, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/18/2023, answer due 11/8/2023.
10/18/2023 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for preliminary injunction is set for a hearing on 10/24/2023 at 10:00 a.m. via Webex video conference. The dial-in number for the public is 650-479-3207; the access code is 23031244654. The parties will receive a WebEx invitation by email. Plaintiff must serve a copy of its motion for preliminary injunction, as well as this minute order providing notice of the hearing, on all Defendants. Defendants shall have until prior to the hearing on 10/24/2023 to appear and file any objection to the motion.
10/17/2023 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Amended Schedule A Hereto (mek,)
10/17/2023 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 42
10/17/2023 MEMORANDUM by Zorro Productions, Inc. in support of motion for preliminary injunction 42
10/17/2023 SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Amended Schedule A Hereto (mek,)
10/17/2023 MOTION by Plaintiff Zorro Productions, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Nunc Pro Tunc to October 10, 2023
10/10/2023 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion to amend the temporary restraining order nunc pro tunc 40 is granted. Enter Amended TRO.
10/06/2023 MOTION by Plaintiff Zorro Productions, Inc. Plaintiff's Motion to Amend the Temporary Restraining Order Nunc Pro Tunc
09/22/2023 MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for an extension of time of the Temporary Restraining Order 38. The TRO is extended through 10/10/23. Per Fed. R. Civ. P. 65(b)(2), the Court finds good cause for this extension because Plaintiff reports that the relevant third parties have not completed effectuating the TRO. Further, without the TRO in place, there is a high probability that Defendant will continue to harm Plaintiff.
09/21/2023 MOTION by Plaintiff Zorro Productions, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
09/15/2023 SURETY BOND in the amount of $ 10,000.00 posted by Zorro Productions, Inc. (Document not imaged)
09/12/2023 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 9/12/2023. Mailed notice.
09/12/2023 MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and for service of process by email and/or electronic publication 10 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants (identified in the amended Schedule A at 33) to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendants' online sellers, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and a sale into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
07/20/2023 MEMORANDUM by Zorro Productions, Inc. Plaintiff's Memorandum in Support of Joinder
附件:
1:(Exhibit AA)
07/20/2023 AMENDED complaint by Zorro Productions, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:Exhibit 1
2:(Amended Schedule A)
06/20/2023 MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for leave to file under seal 6. For the reasons provided in its motion, Plaintiff may file under seal its Schedule A identifying the list of Defendants and screenshots showing the Defendants' internet stores in Exhibit 2 of the Declaration of John Gertz. The Court also grants Plaintiff's motion for leave to file excess pages 9. Plaintiff may file its motion for a temporary restraining order that does not exceed 28-pages. Before the Court can rule on Plaintiff's motion for a temporary restraining order 10, the Court orders Plaintiffs to file a brief addressing the propriety of joinder of all defendants on or before 7/20/2023. See Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, and Unincorporated Ass'ns Identified on Schedule "A," 21-CV-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021). Plaintiff's brief must refer to specific facts alleged in this case. For example, Plaintiff shall provide citations to specific screenshots associated with specified Schedule A defendants to demonstrate that joinder is proper.
02/03/2023 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
02/03/2023 MAILED trademark report to Patent Trademark Office, Alexandria VA.
02/02/2023 Notice of Claims Involving Trademarks by Zorro Productions, Inc.
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 17 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 16 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 15 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 14 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 13 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 12 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 11 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 10 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 9 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 8 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 7 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 6 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 5 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 4 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 3 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 2 of Gertz Declaration
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Exhibit 2 Part 1 of Gertz Declaration
02/02/2023 MEMORANDUM by Zorro Productions, Inc. in support of motion for temporary restraining order, 10
附件:
1:Declaration Gertz Declaration
2:Exhibit 1
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:(Exhibit Hierl Exhibit 3)
02/02/2023 MOTION by Plaintiff Zorro Productions, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
02/02/2023 MOTION by Plaintiff Zorro Productions, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
02/02/2023 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.
02/02/2023 CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment.
02/02/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zorro Productions, Inc.
02/02/2023 SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Sealed Schedule A
02/02/2023 MOTION by Plaintiff Zorro Productions, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
02/02/2023 ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by Robert Payton Mcmurray
02/02/2023 ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by William Benjamin Kalbac
02/02/2023 ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by Michael A. Hierl
02/02/2023 CIVIL Cover Sheet
02/02/2023 COMPLAINT filed by Zorro Productions, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20308901.
附件:
1:(Exhibit 1)

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