TRO101 logo TRO101

2022-cv-07107

NBA Properties, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2022-12-16
原告:NBA Properties, Inc.
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2022-12-16 COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 402, receipt number AILNDC-20149735.
2 2022-12-16 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint 1
3 2022-12-16 MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal
4 2022-12-16 CIVIL Cover Sheet
5 2022-12-16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc.
6 2022-12-16 Notice of Claims Involving Trademarks by NBA Properties, Inc.
7 2022-12-16 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio
8 2022-12-16 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler
9 2022-12-16 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin
[+] 10 2022-12-16 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern
11 2022-12-19 MAILED Trademark report to Patent Trademark Office, Alexandria VA
12 2022-12-19 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
13 2022-12-19 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's Local Rule 3.2 notification [5] of affiliates states that plaintiff "has no parent corporation and there is no publicly held corporation that owns 5% or more of [its] stock." Effective May 5, 2022, Local Rule 3.2(a)'s definition of affiliate was amended as follows: "For purposes of this rule, 'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." See N.D. Ill. Gen. Order No. 22-0009 (May 5, 2022). Every notice of affiliates must disclose all individuals and entities meeting this amended definition, including any privately held affiliates of a party. Plaintiff is directed to file an amended notification of affiliates on or before 1/3/2023. Mailed notice
14 2022-12-20 MOTION by Plaintiff NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery
15 2022-12-20 MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order[14]
[+] 16 2022-12-20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]
17 2022-12-20 DECLARATION of Lindsay Conn regarding memorandum in support of motion[15]
18 2022-12-20 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 - Parts 1-20 regarding declaration[17]
[+] 19 2022-12-20 DECLARATION of Ayala Deutsch regarding memorandum in support of motion[15]
20 2022-12-20 CERTIFICATE of Service by Plaintiff NBA Properties, Inc.
21 2022-12-21 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion [14] for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion [20] to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until and including January 3, 2023, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before January 3, 2023. Plaintiff is ordered to serve the third-party providers with a copy of this order and file a certificate of service on or before December 23, 2022. Mailed notice
22 2022-12-22 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding set motion and R&R deadlines/hearings, 21
23 2022-12-27 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc. Amended
24 2022-12-29 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 12/29/2022: Mailed notice.
25 2023-01-03 ATTORNEY Appearance for Objector ContextLogic Inc. by Christine Elizabeth Skoczylas
26 2023-01-03 OBJECTIONS of Non-Party ContextLogic Inc.
27 2023-01-03 OBJECTIONS Non-Party eBay Inc.'s Objections to Plaintiff's Ex Parte Motion For Entry of a TRO Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery - NBA
28 2023-01-03 DECLARATION of Larry Taylor regarding objections, [27] Declaration of Larry Taylor in Support of Non-Party eBay Inc.'s Objection Pursuant to Prder Entered on December 21, 2022 - NBA
29 2023-01-04 MINUTE entry before the Honorable Joan B. Gottschall: Non-parties ContextLogic Inc. and eBay Inc. are advised that no action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before January 11, 2023. Mailed notice
30 2023-01-04 MINUTE entry before the Honorable Joan B. Gottschall: Any response to non-party eBay Inc.'s objections [27] to plaintiff's motion for entry of a temporary restraining order is due on or before January 11, 2023. Mailed notice
31 2023-01-04 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ContextLogic Inc.
32 2023-01-05 MINUTE entry before the Honorable Joan B. Gottschall: Non-party ContextLogic Inc.'s ("Wish"), Local Rule 3.2 notification 31 of affiliates states that Wish "is a publicly traded corporation trading under the symbol WISH and no publicly held entity owns more than 5% of Wish." Effective May 5, 2022, Local Rule 3.2(a)'s definition of affiliate was amended as follows: "For purposes of this rule, 'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." See N.D. Ill. Gen. Order No. 22-0009 (May 5, 2022). As amended, Local Rule 3.2(a) requires disclosure of all entities and persons meeting the definition of affiliate, including privately held ownership interests. Wish is directed to file an amended notification of affiliates on or before 1/11/2023. Mailed notice
33 2023-01-09 RESPONSE by Plaintiff NBA Properties, Inc. to objections, [27]
[+] 34 2023-01-09 AMENDED complaint by NBA Properties, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
35 2023-01-09 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Amended Schedule A regarding amended complaint[34]
36 2023-01-09 CERTIFICATE of Service by Plaintiff NBA Properties, Inc.
37 2023-01-10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ContextLogic Inc. (AMENDED)
38 2023-01-11 MINUTE entry before the Honorable Joan B. Gottschall: In response to the objections of non-party eBay Inc. ("eBay"), to the proposed temporary restraining order, plaintiff has amended its complaint 34 and dropped its claims against all defendants associated with eBay. See ECF No. 33 at 2. eBay's objections 27 are therefore overruled as moot. Non-party ContextLogic Inc. ("ContextLogic"), filed an objection 26 to plaintiff's motion for a temporary restraining order in which it states, "Although ContextLogic is a non-party, it does not dispute or contest the Court's jurisdiction over it with respect to the enforcement of a temporary restraining order proposed by Plaintiff that may be entered in this case or any obligations that ContextLogic may have thereunder." ECF No. 26 at 2. ContextLogic further states that it "does not understand Plaintiff to be alleging that ContextLogic is acting in active concert or participation with the named defendants," but it "specifically objects" to any such finding by the court. Id. at 2-3. The court makes no finding on whether ContextLogic is acting in active concert or participation with the named defendants. Accordingly, plaintiff's motion 14 for entry of a sealed temporary restraining order is granted with the exception of the eBay sellers who are no longer defendants. Enter sealed temporary restraining order. Plaintiff's motion for leave to file under seal 3 is granted. A preliminary injunction hearing to be held by teleconference is tentatively set for January 25, 2023, at 10:30 a.m. Due to the COVID-19 pandemic and in accordance with the guidance of Sixth Amended General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 1 to the Declaration of Lindsay Conn and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice
39 2023-01-11 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 1/11/2023. Mailed notice
40 2023-01-17 SURETY BOND in the amount of $10,000.00 posted by NBA Properties, Inc. (Document not scanned)
[+] 41 2023-01-20 MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction as to Certain Defendants
[+] 42 2023-01-20 MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction 41
[+] 43 2023-01-20 MOTION by Plaintiff NBA Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
[+] 44 2023-01-20 MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief 43
45 2023-01-23 MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline [38] of 1/23/2023 at 10:30 a.m., the preliminary injunction hearing set for 1/25/2023 at 10:30 a.m. is stricken. Plaintiff's motion for preliminary injunction [41] as to defendant nos. 108-286 and motion for electronic service of process [43] are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal Schedule A to the complaint [2], Schedule A to the amended complaint [35], Exhibit 1 to the declaration of Lindsay Conn [18], and the temporary restraining order [39]. The law firm of Greer, Burns & Crain Ltd. is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 3/24/2023. Mailed notice
[+] 46 2023-01-23 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 1/23/2023. Mailed notice
[+] 47 2023-01-26 SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/26/2023, answer due 2/16/2023.
[+] 48 2023-02-06 SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/6/2023, answer due 2/27/2023.
49 2023-02-20 ATTORNEY Appearance for Defendant CameCosy by Jiyuan Zhang
50 2023-02-21 MINUTE entry before the Honorable Joan B. Gottschall: Defendant CameCosy is advised that no action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before March 7, 2023. Defendant CameCosy must also designate local counsel in accordance with Local Rule 83.15 within 30 days, on or before March 22, 2023. Mailed notice
[+] 51 2023-03-24 STATUS Report by NBA Properties, Inc.
52 2023-03-27 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports 51 that it has reached a settlement agreement with appearing defendant CameCosy. Plaintiff anticipates concurrently filing motions for default judgment and for entry of a consent judgment against appearing defendant "soon." If the motions plaintiff anticipates filing have not been filed by 4/21/2023, a status report is due on that date. Mailed notice
[+] 53 2023-04-21 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Certain Defendants
54 2023-04-21 MEMORANDUM by NBA Properties, Inc. in support of motion to approve consent judgment[53]
[+] 55 2023-04-21 MOTION by Plaintiff NBA Properties, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff NBA Properties, Inc. for default judgment as to Certain Defendants
[+] 56 2023-04-21 MEMORANDUM by NBA Properties, Inc. in support of motion for entry of default, motion for default judgment[55]
[+] 57 2023-04-21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[56]
[+] 58 2023-04-21 STATUS Report per [52] by NBA Properties, Inc.
59 2023-04-22 ATTORNEY Appearance for Defendant Argent Directe by Adam Edward Urbanczyk
60 2023-04-24 MINUTE entry before the Honorable Joan B. Gottschall: Any written response to, or request for hearing on, plaintiff's motion [53] for entry of consent judgment against certain defendants and plaintiff's motion [55] for entry of an order of default and for entry of default judgment is due on or before May 8, 2023. If no written response or request for a hearing is received by the deadline, the court will assume that non-appearing defendants do not oppose the motions and will rule on the papers. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve non-appearing defendants with a copy of this order and file a certificate of service on or before April 26, 2023. Mailed notice
[+] 61 2023-04-24 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding text entry, [60]
[+] 62 2023-05-04 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment Amended as to Certain Defendants
63 2023-05-12 MINUTE entry before the Honorable Joan B. Gottschall: The deadline [60] of May 8, 2023, for defendants to object to, or request a hearing on, the pending motions has come and gone, and nothing has been received. Plaintiff has filed an amended motion [62] for entry of consent judgment against certain defendants. Plaintiff's amended motion [62] for entry of consent judgment against certain defendants and plaintiff's motion [55] for entry of an order of default and for entry of default judgment are granted. Plaintiff's original motion [53] for entry of consent judgment is denied as moot. Enter judgment. Civil case terminated. Mailed notice
64 2023-05-12 JUDGMENT Signed by the Honorable Joan B. Gottschall on 5/12/2023.Mailed notice
65 2023-05-18 FULL SATISFACTION of Judgment regarding entered judgment 64 in the amount of $500,000 as to certain defendant
66 2023-09-28 FULL SATISFACTION of Judgment regarding entered judgment[64] in the amount of $500,000 as to certain defendant