最近更新:2025-10-09
更新

2025-cv-12229

Milwaukee Electric Tool Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships. and Unincorporated Associations Identified on Schedule A Hereto

日期:10/07/2025

法院:伊利诺伊州北区法院

品牌:Milwaukee 工具

律所:Nixon Peabody

日期 描述
11/25/2025 MAILED trademark report with certified copy of minute order dated 11/24/25 to Patent Trademark Office, Alexandria VA (bi,)
11/24/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: Pursuant to the voluntary dismissal, the matter is dismissed without prejudice. Civil case terminated. Mailed notice.
11/21/2025 NOTICE of Voluntary Dismissal by Milwaukee Electric Tool Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 1
11/07/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: Assuming no defendant appears beforehand, plaintiff is directed to file a motion for entry of default and default judgment by December 8, 2025. Mailed notice.
11/06/2025 CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Milwaukee Electric Tool Corporation
11/06/2025 SUMMONS Returned Executed by Milwaukee Electric Tool Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A on 11/5/2025, answer due 11/26/2025.
11/04/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: Assuming no defendant appears beforehand, plaintiff is directed to file a motion for entry of default and default judgment by December 1, 2025. Mailed notice.
10/27/2025 SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships. and Unincorporated Associations Identified on Schedule A Hereto
10/23/2025 ORDER Signed by the Honorable Lindsay C. Jenkins on 10/23/2025. Mailed notice.
10/23/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for expedited discovery and electronic service 24 25 are granted. Separate order to issue. Mailed notice. (Main Document 26 replaced on 10/23/2025).
10/22/2025 MOTION by Plaintiff Milwaukee Electric Tool Corporation to expedite Plaintiff's Motion for Expedited Discovery
10/22/2025 MOTION by Plaintiff Milwaukee Electric Tool Corporation Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
10/22/2025 SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Amended Schedule A
10/22/2025 Second Amended Complaint AMENDED complaint by Milwaukee Electric Tool Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A
附件:
1:Exhibit 1
2:(Redline Amended Complaint)
10/15/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court has reviewed the plaintiff's memorandum on joinder [Dkt. 19] and determines, within its discretion, that it has failed to satisfy its burden to show that joinder of a dozen defendants is proper in this matter under Federal Rule of Civil Procedure 20(a)(2). See Este Lauder Cosms. Ltd. v. The Partnerships, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). In evaluating the appropriateness of joinder, the court assesses whether a logical relationship exists between defendants through actual evidentiary overlap, not coincidence. Este Lauder, 334 F.R.D. at 185. Plaintiff argues that joinder is proper because the joined Defendantsare working in a similar manner and during the same time period to sell counterfeit tools (which is the same "occurrence"); that Defendants are selling counterfeit products at a similar price point, using similar advertising copy over the same four week period in the summer of 2025; and that Defendants have "jointly and severally, knowingly and willfully" advertised and sold Plaintiff's products in the US and Illinois over the Internet. These statements are "highly generic and could apply equally to individuals and entities engaging in activities that are wholly unrelated to this suit." Art Ask Agency v. The Partnerships, No. 21-CV-06197, 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021). Nor are Defendants or their alleged infringement "interrelated" simply because Defendants sell similar products. Id. (similarly rejecting joinder based on features such as shopping platforms, illegitimate SEO tactics, and the use of the same text and images, among other arguments). In short, the court is not persuaded that any one defendant's infringement is linked to the next defendant's infringement sufficient to show they are part of the same transaction, occurrence, or series of transactions or occurrences as required by Rule 20. Even if the court were mistaken in its joinder analysis, it exercises its discretion to not permit joinder in this case. See Dorsey v. Varga, 55 F.4th 1094, 110204 (7th Cir. 2022). Joining this many defendants in one case simply will not promote judicial economy. See Este Lauder, 334 F.R.D. at 189 ("[P]resenting dozens or hundreds of defendants in one lawsuit actually undermines judicial economy, because this Court must evaluate the evidence submitted in support of liability and, eventually, damages. That is especially true in the ex parte setting of a temporary restraining order, as well as for default-judgment motions."); Art Ask Agency, 2021 WL 5493226, at *3 (rejecting joinder of 216 defendants, noting that "joinder in this case may yield significant financial benefits to [the plaintiff] at the judiciary's expense.") Plaintiff is granted leave to file an amended complaint listing one Defendant by no later than October 22, 2025. Any motion for electronic service of process order should also be submitted by October 22, 2025. Mailed notice.
10/14/2025 SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Schedule A Supplement
10/14/2025 MEMORANDUM by Milwaukee Electric Tool Corporation Plaintiff's Memorandum in Support of Joinder
附件:
1:(Exhibit 3)
2:Exhibit 2
3:Exhibit 1
10/14/2025 SEALED EXHIBIT by Plaintiff Milwaukee Electric Tool Corporation Exhibit 2 to Paragoso Declaration regarding declaration 17
10/14/2025 DECLARATION of Jay Paragoso
10/14/2025 SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Amended Schedule A
10/14/2025 AMENDED complaint by Milwaukee Electric Tool Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Redline Amended Complaint)
2:Exhibit 1
10/08/2025 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court grants the motion to seal 8, but upon review of the complaint, the Court sua sponte raises the propriety of joining more than 70 defendants in a single action. By October 14, 2025, plaintiff must file a supplemental memorandum addressing the propriety of joinder. In the alternative, plaintiff has leave to file an amended complaint by October 14, 2025 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting the opinion issued in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025) (Alexakis, J.). Mailed notice.
10/08/2025 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
10/08/2025 MAILED trademark report to Patent Trademark Office, Alexandria VA.
10/07/2025 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.
10/07/2025 CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).
10/07/2025 Notice of Claims Involving Trademarks by Milwaukee Electric Tool Corporation
10/07/2025 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Milwaukee Electric Tool Corporation
10/07/2025 SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Sealed Schedule A
10/07/2025 MOTION by Plaintiff Milwaukee Electric Tool Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
10/07/2025 ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by Elizabeth Aubree Miller
10/07/2025 ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by John Wilson
10/07/2025 ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by Robert Payton Mcmurray
10/07/2025 ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by William Benjamin Kalbac
10/07/2025 ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by Michael A. Hierl
10/07/2025 CIVIL Cover Sheet
10/07/2025 COMPLAINT filed by Milwaukee Electric Tool Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-24167409.
附件:
1:(Exhibit 1)

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