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1
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2024-02-09 |
COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-21625141. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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2
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2024-02-09 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint[1] |
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3
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2024-02-09 |
MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal |
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4
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2024-02-09 |
CIVIL Cover Sheet |
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5
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2024-02-09 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc. |
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6
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2024-02-09 |
Notice of Claims Involving Trademarks by NBA Properties, Inc. |
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7
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2024-02-09 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio |
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8
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2024-02-09 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler |
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9
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2024-02-09 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin |
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10
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2024-02-09 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern |
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CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). |
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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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11
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2024-02-12 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
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12
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2024-02-12 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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13
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2024-02-12 |
MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for leave to file under seal [3] is granted. Plaintiff's current Schedule A lists 178 defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder of all 178 defendants by 03/11/24. By the same deadline, Plaintiff may file an amended complaint with a subset of the defendants along with a memo explaining why joinder of those defendants is proper. In the event that Plaintiff files an amended Schedule A with a subset of the defendants, Plaintiff should file only screenshots relevant to defendants listed on the amended Schedule A. |
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14
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2024-02-12 |
AMENDED complaint by NBA Properties, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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15
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2024-02-12 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Amended Schedule A regarding amended complaint[14] |
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16
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2024-02-14 |
MOTION by Plaintiff NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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17
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2024-02-14 |
MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order[16] |
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18
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2024-02-14 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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19
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2024-02-14 |
DECLARATION of Lindsay Conn regarding memorandum in support of motion[17] |
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20
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2024-02-14 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 regarding declaration[19] |
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21
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2024-02-14 |
DECLARATION of Ayala Deutsch regarding memorandum in support of motion[17] |
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Exhibit 1 |
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Exhibit 2 |
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22
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2024-02-14 |
MOTION by Plaintiff NBA Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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23
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2024-02-14 |
MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief[22] |
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24
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2024-02-14 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[23] |
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Exhibit 1 |
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Exhibit 2 |
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25
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2024-02-15 |
MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for electronic service of process [22] and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery [16], are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendant 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 the individuals and entities operating Defendant, stopping Defendant's 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 Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendant and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($1,000.00), either cash or surety bond, as security. |
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26
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2024-02-15 |
SEALED Temporary Restraining Order Signed by the Honorable Nancy L. Maldonado on 2/15/2024. |
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27
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2024-02-15 |
Registry Deposit Information Form by NBA Properties, Inc. |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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28
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2024-02-16 |
MINUTE entry before the Honorable Nancy L. Maldonado: Minute order 25 is corrected: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for electronic service of process 22 and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery 16, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendant 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 the individuals and entities operating Defendant, stopping Defendant's 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 Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendant and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court one thousand dollars ($1,000.00), either cash or surety bond, as security. |
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Civil BOND in the amount of $ $1,000 check, Receipt number 100002880, posted by NBA Properties, Inc. |
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29
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2024-02-26 |
MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction |
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Exhibit A |
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30
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2024-02-26 |
MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction[29] |
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Declaration of Allyson M. Martin |
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Exhibit 1 |
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31
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2024-02-26 |
SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/26/2024, answer due 3/18/2024. |
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Declaration of Kahlia R. Halpern |
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Exhibit A |
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32
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2024-02-27 |
MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's motion for preliminary injunction and the accompanying memorandum 29. Defendants shall have until 3/14/24 to appear and object to the entry of a preliminary injunction. If no such appearance or objection is filed, the preliminary injunction may be entered. Plaintiff shall serve Defendants with a copy of the motion for preliminary injunction, accompanying memorandum, and this minute entry and file a certificate of service by 2/29/24. Additionally, for the reasons stated in Plaintiff's preliminary injunction motion, the Court extends the temporary restraining order until it has ruled on Plaintiff's preliminary injunction motion. Mailed notice. |
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33
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2024-02-27 |
CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding text entry, 32 |
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(Exhibit A) |
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34
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2024-03-15 |
MINUTE entry before the Honorable Nancy L. Maldonado: As Defendant has not appeared or objected to Plaintiff's motion for preliminary injunction, the Court grants the motion for preliminary injunction 29 as unopposed. Enter Preliminary Injunction order. The Clerk is requested to unseal Plaintiff's Amended Schedule A to the Amended Complaint 15, Exhibit 1 to the Declaration of Lindsay Conn 20 and the temporary restraining order 26. Plaintiff's counsel is directed to ensure that the defendant listed on the Amended Schedule A is added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. |
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35
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2024-03-15 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 3/15/2024. |
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NEW PARTIES: zhaozheyu0541 added to case caption. |
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36
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2024-04-10 |
NOTICE of Voluntary Dismissal by NBA Properties, Inc. as to zhaozheyu0541 and the Individuals and Entities Operating zhaozheyu0541 |
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37
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2024-04-11 |
MINUTE entry before the Honorable Nancy L. Maldonado:Pursuant to the notice of voluntary dismissal, Defendant zhaozheyu0541and the Individuals and Entities Operating zhaozheyu0541 are dismissed without prejudice. Civil case terminated. |
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38
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2024-07-09 |
MOTION by Plaintiff NBA Properties, Inc. for Release of Bond |
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39
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2024-07-10 |
MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for release of bond [38] is granted as this case has been voluntarily dismissed. The Clerk of the Court is directed to return the $1,000 cash bond, including any interest minus the registry fee, previously deposited with the Clerk of the Court to Plaintiff or its counsel, Greer, Burns & Crain. Enter Order to Release Bond to Plaintiff. |
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40
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2024-07-10 |
ORDER to release bond to Plaintiff Signed by the Honorable Nancy L. Maldonado on 7/10/2024. |
