最近更新：2025-05-15
2023-cv-16499
| 日期 | 描述 |
|---|---|
| 06/11/2024 | ENTERED JUDGMENT Signed by the Honorable Edmond E. Chang on 06/11/2024. Emailed notice (mw,) |
| 06/11/2024 | FINAL JUDGMNET ORDER Signed by the Honorable Edmond E. Chang on 06/11/2024. Emailed notice |
| 06/11/2024 | MINUTE entry before the Honorable Edmond E. Chang: For the reasons stated in the Order, the motion for default judgment order 27 is granted. Judgment entered in favor of the Plaintiff and against each of the Defendants identified in Schedule A in the total amount of thirty-thousand dollars ($30,000) from each Defendant, as explained in the Order. Given the willfulness established by the default, a permanent injunction shall be entered. A separate AO-450 judgment shall be entered. The noticed motion of 06/12/2024 and the tracking status hearing of 06/14/2024 are vacated. Civil case terminated. Emailed notice |
| 06/07/2024 | NOTICE of Motion by Alison K Carter for presentment of motion for entry of default, motion for default judgment 27 before Honorable Edmond E. Chang on 6/12/2024 at 08:30 AM. |
| 06/07/2024 | MEMORANDUM by XYZ Corporation in support of motion for entry of default, motion for default judgment 27 附件： 1:(Declaration of Alison K. Carter) |
| 06/07/2024 | MOTION by Plaintiff XYZ Corporation for entry of default as to all Defendants, MOTION by Plaintiff XYZ Corporation for default judgment as to all Defendants 附件： 1:(Exhibit 1) |
| 05/13/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/13/2024. Emailed notice |
| 05/13/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 21 is granted. All filings shall be unsealed by the Clerk's Office. The Case Short Title shall be edited to reflect Bubblegum Stuff Ltd. as the sole Plaintiff. Given the answer deadline of 05/31/2024, R. 24, the tracking status hearing of 05/17/2024 is reset to 06/14/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 06/07/2024. If the Defendants do not answer on time, then they shall be deemed to be in default, and the Plaintiff shall file a motion for default judgment in a sum certain on 06/07/2024. Emailed notice 附件： 1:(Status Report Requirements) |
| 05/10/2024 | SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/10/2024, answer due 5/31/2024. 附件： 1:(Declaration of Service) |
| 05/10/2024 | DECLARATION of Ann Marie Sullivan regarding motion for preliminary injunction 21 |
| 05/10/2024 | MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction 21 |
| 05/10/2024 | MOTION by Plaintiff XYZ Corporation for preliminary injunction |
| 04/29/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion of the TRO 19 is granted through 05/15/2024. The tracking status hearing of 05/03/2024 is reset to 05/17/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report and, if appropriate, a preliminary-injunction motion by no later than 05/10/2024. Emailed notice |
| 04/26/2024 | MOTION by Plaintiff XYZ Corporation for extension of time of Temporary Restraining Order 16 附件： 1:Supplement Memorandum in Support of Motion 2:(Declaration of Alison K. Carter) |
| 04/26/2024 | SURETY BOND in the amount of $ 10,000.00 posted by XYZ Corporation. (Document not imaged) (Received at the Intake Counter on 4/26/2024.) |
| 04/17/2024 | (Public Version) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 4/17/2024. Emailed notice |
| 04/17/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 04/17/2024 | SEALED ORDER signed by the Honorable Edmond E. Chang on 4/17/2024: **public** Emailed notice |
| 04/17/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 11 for temporary restraining order and other relief is granted in large part: the bond amount is increased to $10,000 to more accurately reflect the damages that would arise from the requested relief. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. By 04/24/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A). The Plaintiff's motion 12 for electronic service of process is granted given the difficulty in serving at a physical address and the reliable communication method that is proposed. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/26/2024. Emailed notice |
| 04/16/2024 | MOTION by Plaintiff XYZ Corporation for Electronic Service of Process |
| 04/16/2024 | SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order |
| 04/02/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion to seal and to proceed under pseudonym, R. 5, the motion is granted this time. The under-seal aspect as to Schedule A, that is, the identity of the Defendants is warranted because of the goal of asset restraint and the probability that the Defendants would transfer assets if they were to learn of the lawsuit against them, and explicitly naming those Defendants would pose that risk. The authorization of a pseudonym is a much closer question, given the general ban on party pseudonyms under Federal Rule of Civil Procedure 10(a). The exceptions to the general ban are quite narrow. See Doe v. Blue Cross & Blue Shield United of Wisc., 112 F.3d 869, 872 (7th Cir. 1997). Having said that, given the evidence of the online services that identify counterfeit-trademark litigation in particular and that seek to warn defendants of the lawsuits so that transfer of assets may be accomplished, R. 6-1, 6-2; e.g., R. 6-5 at 16 ("withdraw your funds!"), the motion is granted for this case. It is not 100% clear that most online sellers are monitoring the online services, but the request to proceed under a pseudonym is limited in time, until the service and effectuation of the TRO (if one is granted) or until the risk of transfer subsides for some other reason. The Plaintiff shall promptly move to unseal all filings after the effectuation of the TRO (again, if one is granted). To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 05/03/2024 at 8:30 a.m. The Plaintiff shall file a status report by 04/26/2024 if no request for provisional relief has been filed yet. Emailed notice |
| 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. |
| 12/06/2023 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3 - Schedule A) |
| 12/06/2023 | 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. |
| 12/06/2023 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). |
| 12/06/2023 | MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym 附件： 1:Declaration of Ann Marie Sullivan 2:Declaration of Sandy Zhuang 3:Exhibit 1 4:Exhibit 2 5:(Exhibit 3) |
| 12/06/2023 | MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym |
| 12/06/2023 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 12/06/2023 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
| 12/06/2023 | CIVIL Cover Sheet |
| 12/06/2023 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21397847. |
