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2023-cv-01455

Grumpy Cat Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院:伊利诺伊州北法院
发案日期:2023-09-03
原告:Grumpy Cat Limited
代理律所:HSP
诉讼类型:商标、版权
# Date Description
[+] 1 2023-03-09 COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-20421881.
2 2023-03-09 CIVIL Cover Sheet
3 2023-03-09 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl
4 2023-03-09 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac
5 2023-03-09 ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray
6 2023-03-09 MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal
7 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A
[+] 8 2023-03-09 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grumpy Cat Limited
9 2023-03-09 MOTION by Plaintiff Grumpy Cat Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2023-03-09 MOTION by Plaintiff Grumpy Cat Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication
[+] 11 2023-03-09 MEMORANDUM by Grumpy Cat Limited in support of motion for temporary restraining order, 10
12 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 1 of Bundesen Declaration
13 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 2 of Bundesen Declaration
14 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 3 of Bundesen Declaration
15 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 4 of Bundesen Declaration
16 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 5 of Bundesen Declaration
17 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 6 of Bundesen Declaration
18 2023-03-09 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 2 Part 7 of Bundesen Declaration
19 2023-03-09 Notice of Claims Involving Trademarks by Grumpy Cat Limited
20 2023-03-09 NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 10 before Honorable Sharon Johnson Coleman on 3/15/2023 at 09:30 AM.
21 2023-03-10 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice.
22 2023-03-10 MINUTE entry before the Honorable Sharon Johnson Coleman: Upon review of the Complaint and the motion for Temporary Restraining Order, the Court questions whether joinder of 195 defendants is appropriate in this case. See, e.g. Estee Lauder Cometics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020) (Chang, J.). Plaintiff shall file a supplemental memorandum addressing the propriety of joinder by 3/24/2023 in light of the application of Federal Rule of Civil Procedure 20(a)(2) as outlined in Estee Lauder. Plaintiff may alternatively attempt to cure the joinder deficiency by filing an amended complaint containing fewer defendants alongside its memorandum. Presentment of the TRO motion is stricken. Mailed notice.
23 2023-03-13 MAILED trademark report to Patent Trademark Office, Alexandria VA
24 2023-03-13 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
25 2023-03-24 MEMORANDUM by Grumpy Cat Limited Plaintiff's Memorandum in Support of Joinder
26 2023-03-24 SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit AA
27 2023-03-28 MINUTE entry before the Honorable Sharon Johnson Coleman: After reviewing plaintiff's memorandum in support of joinder, the Court finds that joinder of the five defendants identified in Exhibit AA is proper. Under Federal Rule of Civil Procedure 20(a)(2), joinder of defendants is proper when the "right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences." As plaintiff made clear, the five defendants in Exhibit AA sell substantially similar t-shirts with identical descriptions. At this juncture, the Court finds this establishes evidence in support of joinder and the case can thus proceed against these five defendants. The Court resets the presentment hearing on the temporary restraining order to April 4 at 9:30 AM as an in-person hearing. Mailed notice.
28 2023-04-04 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 4/4/2023. Plaintiff's motion for leave to file under seal 6, motion to exceed page limitation 9, and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the defendant domain names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 are granted. Enter Order. An in-person status hearing is set for 4/18/2023 at 9:00 AM. Mailed notice. (ym,)
29 2023-04-04 SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 4/4/2023. Mailed notice. (ym,)
30 2023-04-10 SURETY BOND in the amount of $ 10,000 posted by Grumpy Cat Limited. (Document not scanned.)
31 2023-04-13 MOTION by Plaintiff Grumpy Cat Limited for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
32 2023-04-13 NOTICE of Motion by Michael A. Hierl for presentment of extension of time 31 before Honorable Sharon Johnson Coleman on 4/18/2023 at 09:00 AM.
33 2023-04-17 MINUTE entry before the Honorable Sharon Johnson Coleman: The in-person status hearing and presentment of plaintiff's motion for entry of a preliminary injunction [31] set for 4/18/2023 at 9:00 AM is reset to 8:45 AM (NOTE TIME CHANGE ONLY). Mailed notice. (ym,)
[+] 34 2023-04-18 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 4/18/2023. Plaintiff's ex parte motion to extend the temporary restraining order 31 is granted. The Temporary Restraining Order is extended to May 2, 2023. An in-person status hearing is set for 5/2/2023 at 9:30 AM. Mailed notice.
35 2023-04-27 MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
36 2023-04-27 MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction 35
37 2023-04-27 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 35
38 2023-04-27 NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 35 before Honorable Sharon Johnson Coleman on 5/2/2023 at 09:30 AM.
39 2023-04-27 SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/27/2023, answer due 5/18/2023.
40 2023-05-02 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 5/2/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of a preliminary injunction 35 is granted. Enter Order. The Clerk's Office is to unseal the Amended Schedule A 26 and the Temporary Restraining Order 29. An in-person status hearing is set for 6/14/2023 at 10:00 AM. Law Firm of Hughes Socol Piers Resnick & Dym, Ltd. is ordered to add ALL Defendant names listed in the Schedule A 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. Mailed notice. (ym,)
[+] 41 2023-05-02 PRELIMINARY INJUNCTION Order. Signed by the Honorable Sharon Johnson Coleman on 5/2/2023. Mailed notice. (ym,)
42 2023-06-14 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 6/14/2023. Defendants did not appear nor contact the Court. Counsel is working on settlement with some of the defendants. An in-person status hearing is set for 7/18/2023 at 10:00 AM. Mailed notice. (ym,)
43 2023-07-12 DECLARATION of William B. Kalbac Declaration of Service
44 2023-07-12 MOTION by Plaintiff Grumpy Cat Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 45 2023-07-12 MEMORANDUM by Grumpy Cat Limited in support of motion for default judgment 44
[+] 46 2023-07-12 DECLARATION of Michael A. Hierl regarding motion for default judgment 44
47 2023-07-12 NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 44 before Honorable Sharon Johnson Coleman on 7/18/2023 at 10:00 AM.
48 2023-07-14 MINUTE entry before the Honorable Sharon Johnson Coleman: The in-person status hearing and presentment of plaintiff's motion for default and default judgment 44 set for 7/18/2023 is stricken and reset to 7/19/2023 at 10:00 AM. Mailed notice. (ym,)
49 2023-07-19 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 7/19/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of default and default judgment against the defendants identified in Amended Schedule A 44 is granted. Default judgment is entered in favor of plaintiff and against the defendants identified in Amended Schedule A. Enter Order. The ten thousand dollar ($10,000) surety bond posted by Plaintiff is hereby released. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court 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. Civil case terminated. Mailed notice. (ym,)
50 2023-07-19 FINAL JUDGMENT ORDER. Signed by the Honorable Sharon Johnson Coleman on 7/19/2023. Mailed notice.(ym,)
51 2023-07-25 MAILED trademark report and copies of order and judgment dated 7/19/2023 to Patent Trademark Office, Alexandria VA