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1
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2023-07-12 |
COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20820199. |
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Exhibit 1 |
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Exhibit 2 Part 1 |
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(Exhibit 2 Part 2) |
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2
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2023-07-12 |
CIVIL Cover Sheet |
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3
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2023-07-12 |
ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl |
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4
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2023-07-12 |
ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac |
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5
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2023-07-12 |
ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray |
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6
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2023-07-12 |
MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2023-07-12 |
SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A |
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8
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2023-07-12 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC |
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K McShain. Case assignment: Random assignment. |
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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. |
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9
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2023-07-24 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
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(List of Trademark, Ex. 1) |
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(List of Trademarks, Ex. 2, pt. 1) |
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((List of Trademarks, Ex. 2, pt. 2)) |
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10
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2023-07-24 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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11
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2023-11-20 |
AMENDED complaint by Those Characters from Cleveland, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
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Exhibit 1 |
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Exhibit 2 Part 1 |
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(Exhibit 2 Part 2) |
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12
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2023-11-20 |
SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Amended Schedule A |
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13
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2023-12-28 |
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. |
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14
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2024-02-23 |
MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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15
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2024-02-23 |
MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
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16
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2024-02-23 |
MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 15 |
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Declaration Gorman Declaration |
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Exhibit 1 |
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Exhibit 2 Part 1 |
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Exhibit 2 Part 2 |
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Declaration Hierl Declaration |
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Exhibit Hierl Exhibit 1 |
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Exhibit Hierl Exhibit 2 |
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(Exhibit Hierl Exhibit 3) |
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17
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2024-02-23 |
SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 to Gorman Declaration |
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18
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2024-02-23 |
Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC |
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19
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2024-03-29 |
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 for temporary restraining order and other relief is granted. 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). (The same goes for the copyright claim.) To the extent that the restraint might be too broad, the Defendants 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. The Plaintiff's motion 6 for leave to file under seal is granted in light of the asset-restraint goal. By 04/05/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The motion for extra pages 14 is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 04/08/2024. Emailed notice |
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20
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2024-03-29 |
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 03/29/2024.Emailed notice |
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21
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2024-04-02 |
INJUNCTION BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC (Document not scanned) |
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22
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2024-04-08 |
ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by John Wilson |
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23
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2024-04-08 |
MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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24
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2024-04-09 |
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 motion to extend TRO 23 is granted through 04/26/2024. The tracking status hearing of 04/12/2024 is reset to 04/26/2024 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 on 04/19/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
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25
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2024-04-19 |
MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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26
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2024-04-19 |
MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction 25 |
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27
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2024-04-19 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25 |
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28
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2024-04-19 |
STATUS Report by Those Characters from Cleveland, LLC |
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29
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2024-04-19 |
SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/19/2024, answer due 5/10/2024. |
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30
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2024-04-22 |
MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the TRO, the motion for preliminary injunction [25 is granted. The Clerk's Office shall unseal R. 2, 14, 19, and 25. The tracking status hearing of 04/26/2024 is reset to 05/24/2024 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 05/17/2024. If the Defendants do not respond to the complaint by the 05/10/2024 deadline, R. 27, then they shall be deemed to be in default, and the Plaintiff shall file a motion for default judgment on 05/17/2024. Emailed notice |
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31
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2024-04-22 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/22/2024. Emailed notice (mw,) |
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32
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2024-05-17 |
CERTIFICATE of Service by John Wilson on behalf of Those Characters from Cleveland, LLC |
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33
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2024-05-17 |
MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A |
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(Exhibit Amended Schedule A) |
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34
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2024-05-17 |
MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment, 33 |
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Exhibit 1 |
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(Exhibit 2) |
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35
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2024-05-17 |
DECLARATION of Michael A. Hierl regarding motion for default judgment, 33 |
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(Exhibit Hierl Exhibit 1) |
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36
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2024-05-17 |
STATUS Report by Those Characters from Cleveland, LLC |
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37
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2024-05-20 |
MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response to the amended complaint, the motion for default judgment 33 is granted. Judgment shall be entered in favor of the Plaintiff and against each Defendant in the amount of thirty-five thousand dollars ($35,000) each. Permanent injunction entered in light of the willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/24/2024 is vacated. Civil case terminated. Emailed notice |
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38
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2024-05-20 |
ENTERED JUDGMENT Signed by the courtroom deputy on 05/20/2024. Emailed notice |
