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2022-cv-02880

General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2022-06-01
原告:General Motors LLC
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2022-06-01 COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-19521203.
2 2022-06-01 SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint[1]
3 2022-06-01 MOTION by Plaintiff General Motors LLC for leave to file under seal
4 2022-06-01 CIVIL Cover Sheet
5 2022-06-01 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC
6 2022-06-01 Notice of Claims Involving Trademarks by General Motors LLC
7 2022-06-01 ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio
8 2022-06-01 ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler
9 2022-06-01 ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen
[+] 10 2022-06-01 ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller
11 2022-06-02 MAILED Trademark report to Patent Trademark Office, Alexandria VA
[+] 12 2022-06-02 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
13 2022-06-08 MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2022-06-08 MEMORANDUM by General Motors LLC in support of motion for temporary restraining order[13]
[+] 15 2022-06-08 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
[+] 16 2022-06-08 DECLARATION of Andrea Ankawi regarding memorandum in support of motion[14]
17 2022-06-08 SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 9 regarding declaration[16]
18 2022-06-08 MOTION by Plaintiff General Motors LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2022-06-08 MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief[18]
[+] 20 2022-06-08 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
21 2022-06-09 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for leave to file under seal 3 is granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 and motion for electronic service of process 18 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants 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 defendants, 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 sales 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
22 2022-06-09 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/9/2022:
[+] 23 2022-06-13 SURETY BOND in the amount of $ 10,000 posted by General Motors LLC. (Document not Scanned)
24 2022-06-17 ATTORNEY Appearance for Defendant MonsterKing by Jiyuan Zhang
25 2022-06-17 MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order
[+] 26 2022-06-17 MEMORANDUM by General Motors LLC in support of extension of time 25
27 2022-06-21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 25 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 22 entered on 6/9/2022 is extended until 7/5/2022.
28 2022-06-21 MINUTE entry before the Honorable Martha M. Pacold: The court's 6/21/2022 minute entry 27 is amended as follows: The court's TRO 22 entered on 6/9/2022 is extended until 7/7/2022.
29 2022-06-21 EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/21/2022:
30 2022-06-28 NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants
31 2022-06-30 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [30], which seeks to voluntarily dismiss defendants Z-Room Auto Inc., Leader master, HaoTing, GiMae, FADDIU, Creditshopkeeper, JiaYunYanXuan, zhechang EU, YI NI US, Garysun, Jude Autoparts, SARTTIVIS, Mihot Produce, and Chengchengbaihuo under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [30] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants 44, 52, 55, 63, 68, 76, 97, 108, 111, 116, 124, 163, 169, 187 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 7/1/2022 identifying the remaining defendants.
32 2022-06-30 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint Instanter
33 2022-06-30 AMENDED exhibit[2] Schedule A
[+] 34 2022-06-30 MOTION by Plaintiff General Motors LLC for preliminary injunction, MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order
[+] 35 2022-06-30 MEMORANDUM by General Motors LLC in support of motion for preliminary injunction, extension of time[34]
[+] 36 2022-06-30 SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/30/2022, answer due 7/21/2022.
37 2022-07-01 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A 32 is granted. The court has taken the motion for preliminary injunction 34 under advisement and will consider the motion unopposed if no defendant appears and objects by 7/13/2022. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's earlier motion 25 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.
38 2022-07-06 NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants
39 2022-07-13 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
40 2022-07-13 AMENDED exhibit[2] Amended Schedule A
41 2022-07-14 ORDER: Plaintiff's motion for leave to amend Schedule A to the complaint 39 is granted. Defendants No. 35 Tomatopapa and No. 121 WSSZY are dismissed. Additionally, for the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 34 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions Signed by the Honorable Martha M. Pacold on 7/14/2022. Mailed notice
[+] 42 2022-07-14 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 7/14/2022. Mailed Notice.
43 2022-07-22 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
44 2022-07-22 AMENDED exhibit 2 Amended Schedule A
45 2022-07-25 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 43 is granted. Defendants TIVONA SUN, Wuhan Xingtong Century Trading Co., gyfasse, Duoxiumao, Xueueo, guangzhouxiaochongshangmaoyouxiangongsi, li'li'li, Yufdspoianua Longdsao, Charminghorse Decal, ZADING, TYmall, NOI, Makeyparts, bozhoulingzai, and yangshuishi36232 are hereby dismissed.
46 2022-07-28 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
47 2022-07-28 AMENDED exhibit 2 Amended Schedule A
48 2022-08-03 ATTORNEY Appearance for Defendant JFJEWER by Jiyuan Zhang
49 2022-08-04 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A to the complaint instanter [46] is granted. Defendant chufeng is hereby dismissed. Mailed notice
50 2022-08-05 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
51 2022-08-05 AMENDED exhibit 2 Amended Schedule A
52 2022-08-08 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A to the complaint instanter 50 is granted. Defendants no. 33, 39, 67, 85, 92, 98, 127, 170, 192 are hereby dismissed. Mailed notice.
53 2022-08-12 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint Instanter
54 2022-08-12 EXHIBIT by Plaintiff General Motors LLC Amended Schedule A regarding exhibit 2
[+] 55 2022-08-12 MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants
[+] 56 2022-08-12 MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment 55
[+] 57 2022-08-12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 56
58 2022-08-15 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A [53] is granted. ShengFuYunBeiJingShangMaoYouXianGongSi, Yongxingjin, AutoHeaven, GodState and Senyuer are hereby dismissed. Additionally, plaintiff's motion for entry of default and default judgment [55] is taken under advisement. Any defendant wishing to appear and object to plaintiff's motion [55] must do so by 8/29/2022. Plaintiff shall serve defendants with this notice.
59 2022-08-17 MOTION by Defendants JFJEWER, MonsterKing for extension of time to file answer regarding order on motion for miscellaneous relief, add and terminate parties, set motion and R&R deadlines/hearings, [58]
60 2022-08-18 MINUTE entry before the Honorable Martha M. Pacold: MonsterKing and JFJEWER's motion for extension of time to file an answer and respond to plaintiff's motion for default and default judgment [59] is granted. Plaintiff and defendants MonsterKing and JFJEWER are ordered to meet and confer and file a joint status report by 9/1/2022 updating the court on the status of their settlement negotiations.
61 2022-08-19 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
62 2022-08-19 AMENDED exhibit 2 Amended Schedule A
63 2022-08-25 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A 61 is granted. Defendants TIANZHOU, WhOops, Daken Store, Lepuss-US, and HYOZDZ Direct are hereby dismissed. The amended Schedule A has already been filed on the docket. 62.
64 2022-08-29 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
65 2022-08-29 AMENDED exhibit[2] Amended Schedule A
66 2022-08-30 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for leave to amend Schedule A to the complaint instanter. [64]. The motion [64] is granted. Defendant rcfuther is hereby dismissed. The amended Schedule A has already been filed on the docket. [65].
67 2022-09-01 ANSWER to Complaint by JFJEWER, MonsterKing
68 2022-09-01 STATUS Report Joint by General Motors LLC
[+] 69 2022-09-08 MOTION by Plaintiff General Motors LLC for sanctions Pursuant to Rule 37
70 2022-09-09 MINUTE entry before the Honorable Martha M. Pacold: In the court's 8/15/2022 minute entry 58, it gave all defendants until 8/29/2022 to object to plaintiff's motion for entry of default and default judgment 55. Plaintiff is directed to submit an updated proposed order for entry of default and default judgment to the court's proposed order inbox by 9/12/2022.
71 2022-09-09 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
72 2022-09-09 AMENDED exhibit 2 Amended Schedule A
73 2022-09-12 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 71 is granted. Defendants happylights Store, kennethy Store, candice98 Store, lvfei Store, choxxxcomb Store, and kylelowry Store are hereby dismissed. The amended Schedule A has already been filed on the docket. 72.
74 2022-09-15 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for sanctions pursuant to Rule 37 [69] is denied without prejudice. At the Court's instance, however, Defendants shall respond to Plaintiff's First Set of Requests for Production, First Set of Interrogatories, and First Set of Requests for Admission ("Plaintiff's Discovery Requests"), served on 6/30/2022, by 9/23/2022. If Defendants cannot do so for some reason, then they will need to file a motion that establishes good cause for the additional delay on their already overdue discovery responses. If Defendants do not respond to Plaintiff's Discovery Requests in accordance with this order, and any motion seeking more time is not filed or granted, then Plaintiff may renew its motion for sanctions. Plaintiff's Motion [69] is denied as of now because the relief sought (striking Defendants' answer to the complaint and affirmative defenses) is far out of proportion to Defendants' alleged infraction of the Federal Rules of Civil Procedure (failing to respond to Plaintiff's written discovery requests in a timely manner). Defendants now appear to be over a month overdue in responding to Plaintiff's expedited discovery requests, but that delay, though unexcused as of now, does not justify the relief Plaintiff is seeking, in the exercise of Court's discretion.
75 2022-09-16 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
76 2022-09-16 AMENDED exhibit 2 Amended Schedule A
77 2022-09-23 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for leave to amend Schedule A to the complaint instanter 75. Plaintiff's motion for leave to amend Schedule A 75 is granted. The amended Schedule A has already been filed on the docket. W-LONG and XINROAM terminated.
78 2022-10-07 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
79 2022-10-07 AMENDED exhibit 2 Amended Schedule A
80 2022-10-12 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for leave to amend Schedule A to the complaint instanter. 78. The court grants plaintiff's motion for leave to amend the pleadings 78. Defendants LLUstore and Zantui are hereby dismissed. The amended Schedule A has already been filed on the docket. 79.
81 2022-10-21 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
82 2022-10-21 AMENDED exhibit 2 Amended Schedule A
83 2022-10-25 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [81], which seeks to voluntarily dismiss defendants No. 30 Piatak, No. 74 Linlindastore, No. 78 M00ssi, No. 91 rkcar, No. 157 JFJEWER, No. 180 MonsterKing under Rule 15(a)(2). Plaintiff's motion for leave to amend Schedule A to the complaint instanter [81] is granted. Defendants No. 30 Piatak, No. 74 Linlindastore, No. 78 M00ssi, No. 91 rkcar, No. 157 JFJEWER and No. 180 MonsterKing terminated.
84 2022-10-27 MINUTE entry before the Honorable Martha M. Pacold: In the court's 8/15/2022 minute entry [58], it gave all defendants until 8/29/2022 to object to plaintiff's motion for entry of default and default judgment [55]. Plaintiff is directed to submit an updated proposed order for entry of default and default judgment to the court's proposed order inbox by 10/31/2022.
85 2022-10-28 MOTION by Plaintiff General Motors LLC for Leave to Amend Schedule A to the Complaint instanter
86 2022-10-28 AMENDED exhibit[2] Amended Schedule A
87 2022-10-31 MINUTE entry before the Honorable Martha M. Pacold: The court has received Plaintiff's notice of dismissal 85, which seeks to voluntarily dismiss defendants No. 25 TIMEGAY and No. 96 Soniubia under Rule 15(a)(2). Plaintiff's motion for leave to amend Schedule A to the complaint instanter 85 is granted. Defendants Soniubia and TIMEGAY terminated.
88 2022-11-04 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 55. The motion 55 is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 11/4/2022. Mailed notice
89 2022-11-04 FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 11/4/2022. Mailed notice
[+] 90 2022-11-04 MAILED Trademark report with certified copy of Order dated 11/4/2022 88 to Patent Trademark Office, Alexandria VA
91 2022-11-11 FULL SATISFACTION of Judgment regarding order 89 in the amount of $500,000 as to certain defendant
92 2022-11-18 FULL SATISFACTION of Judgment regarding order 89 in the amount of $500,000 as to certain defendants
93 2022-11-18 FULL SATISFACTION of Judgment regarding order 89 in the amount of $500,000 as to certain defendant
94 2022-12-15 FULL SATISFACTION of Judgment regarding order 89 in the amount of $500,000 as to certain defendant
95 2023-06-22 FULL SATISFACTION of Judgment regarding order[89] in the amount of $500,000 as to certain defendant
96 2023-07-27 FULL SATISFACTION of Judgment regarding order[89] in the amount of $500,000 as to certain defendant
97 2023-08-17 FULL SATISFACTION of Judgment regarding order[89] in the amount of $500,000 as to certain defendant
98 2023-11-16 FULL SATISFACTION of Judgment regarding order[89] in the amount of $500,000 as to certain defendant