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2024-cv-12782

Britto Central, Inc. 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:2024-12-12
原告:Britto Central, Inc.
代理律所:HSP
诉讼类型:商标、版权
# Date Description
[+] 1 2024-12-12 COMPLAINT filed by Britto Central, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22834420.
2 2024-12-12 CIVIL Cover Sheet
3 2024-12-12 ATTORNEY Appearance for Plaintiff Britto Central, Inc. by Michael A. Hierl
4 2024-12-12 ATTORNEY Appearance for Plaintiff Britto Central, Inc. by William Benjamin Kalbac
5 2024-12-12 ATTORNEY Appearance for Plaintiff Britto Central, Inc. by Robert Payton Mcmurray
6 2024-12-12 ATTORNEY Appearance for Plaintiff Britto Central, Inc. by John Wilson
7 2024-12-12 MOTION by Plaintiff Britto Central, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal
8 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Sealed Schedule A
[+] 9 2024-12-12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Britto Central, Inc.
10 2024-12-12 MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 7 is granted. Mailed notice.
11 2024-12-12 MOTION by Plaintiff Britto Central, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
12 2024-12-12 MOTION by Plaintiff Britto Central, Inc. 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
[+] 13 2024-12-12 MEMORANDUM by Britto Central, Inc. in support of motion for temporary restraining order, 12
14 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 1 of Mayorga Declaration
15 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 2 of Mayorga Declaration
16 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 3 of Mayorga Declaration
17 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 4 of Mayorga Declaration
18 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 5 of Mayorga Declaration
19 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 6 of Mayorga Declaration
20 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 7 of Mayorga Declaration
21 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 8 of Mayorga Declaration
22 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 9 of Mayorga Declaration
23 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 10 of Mayorga Declaration
24 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 11 of Mayorga Declaration
25 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 12 of Mayorga Declaration
26 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 13 of Mayorga Declaration
27 2024-12-12 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 14 of Mayorga Declaration
28 2024-12-12 Notice of Claims Involving Trademarks by Britto Central, Inc.
32 2024-12-18 MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 12/18/2024. Transcript is to remain sealed. The 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 12 is denied without prejudice. Mailed notice
33 2024-12-27 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
34 2025-02-07 MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 2/14/2025. Mailed notice.
35 2025-02-13 STATUS Report by Britto Central, Inc.
36 2025-02-14 MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 3/17/2025, unless a renewed Motion for Entry of a Temporary Restraining Order is filed before then. Mailed notice.
[+] 37 2025-02-17 AMENDED complaint by Britto Central, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
39 2025-02-21 MOTION by Plaintiff Britto Central, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
40 2025-02-21 MOTION by Plaintiff Britto Central, Inc. 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
[+] 41 2025-02-21 MEMORANDUM by Britto Central, Inc. in support of motion for temporary restraining order, 40
42 2025-02-21 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 1 of Mayorga Declaration
43 2025-02-21 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 2 of Mayorga Declaration
44 2025-02-21 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 3 of Mayorga Declaration
45 2025-02-21 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 4 of Mayorga Declaration
46 2025-02-21 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 5 of Mayorga Declaration
47 2025-02-21 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Exhibit 3 Part 6 of Mayorga Declaration
48 2025-02-21 MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold and shipped at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice.
50 2025-03-07 MOTION by Plaintiff Britto Central, Inc. for leave to file Motion for Leave to File a Second Amended Complaint
[+] 51 2025-03-07 Second Amended Complaint AMENDED complaint by Britto Central, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
52 2025-03-07 SEALED DOCUMENT by Plaintiff Britto Central, Inc. Amended Schedule A
53 2025-03-10 MINUTE entry before the Honorable Thomas M. Durkin: For the reasons stated therein, Plaintiff's motion for leave to file a second amended complaint [50] is granted. Plaintiff's renewed ex parte motion for entry of a temporary restraining order [40] is denied without prejudice. Plaintiff's motions to file excess pages [11], [39] are denied as moot. Mailed notice.
54 2025-03-12 MOTION by Plaintiff Britto Central, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
55 2025-03-12 MOTION by Plaintiff Britto Central, Inc. 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
78 2025-03-13 MINUTE entry before the Honorable Thomas M. Durkin: Motion to exceed page limitation 54 is granted. Renewed 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 55 is granted. Mailed notice.
79 2025-03-13 SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/13/2025. Mailed notice.
81 2025-03-14 SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (qrtr,)
82 2025-03-24 MOTION by Plaintiff Britto Central, Inc. for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order
84 2025-03-24 MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the temporary restraining order 82 is granted. The TRO is extended for a period of fourteen (14) days through 4/10/2025. Mailed notice.
85 2025-04-07 MOTION by Plaintiff Britto Central, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Certain Defendants
87 2025-04-07 MOTION by Plaintiff Britto Central, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Certain Defendants
91 2025-04-08 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' second motion to extend the temporary restraining order [85] is denied because Federal Rule of Civil Procedure 65 permits only one extension of a temporary restraining order. See H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). If the temporary restraining order entered in this case expires before the Court enters a preliminary injunction, Plaintiffs are ordered to inform all the third parties informed of the temporary restraining order that it is no longer in effect. A telephone hearing as to the motion for preliminary injunction [87] is set for 4/14/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
92 2025-04-09 MOTION by Plaintiff Britto Central, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction as to Certain Defendants
93 2025-04-09 MEMORANDUM by Britto Central, Inc. in support of motion for preliminary injunction 92
94 2025-04-09 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 92
95 2025-04-10 MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 92 is set for 4/14/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
96 2025-04-14 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/14/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motions for entry of a preliminary injunction 87, 92 are granted. Enter Preliminary Injunction Orders. The Clerk's office is directed to unseal Plaintiff's Second Amended Complaint [Dkt. No. 51], Amended Schedule A to the Second Amended Complaint [Dkt. No. 52], Exhibit 3 to the Declaration of Victor Mayorga [kt. Nos. 57-75], and the TRO [Dkt. No. 79]. Plaintiff's counsel is 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 5/28/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
97 2025-04-14 PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 4/14/2025. Mailed notice.
[+] 98 2025-04-14 PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 4/14/2025. Mailed notice.
99 2025-05-12 SUMMONS Returned Executed by Britto Central, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/9/2025, answer due 4/30/2025.
[+] 100 2025-05-12 MOTION by Plaintiff Britto Central, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A
[+] 101 2025-05-12 MEMORANDUM by Britto Central, Inc. in support of motion for default judgment 100
[+] 102 2025-05-12 DECLARATION of Michael A. Hierl regarding motion for default judgment 100
103 2025-05-12 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 5/28/2025 at 9:00 a.m. is converted to a telephone hearing on the motion for default judgment 100. Mailed notice.
104 2025-05-28 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/28/2025. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for default judgment 100 is granted. Enter order. Civil case terminated. Mailed notice.
[+] 105 2025-05-28 DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 5/28/2025. Mailed notice.
106 2025-05-29 SATISFACTION of Judgment
107 2025-05-29 EMAILED Trademark report with certified copy of minute order dated 05/27/25 to Patent Trademark Office, Alexandria VA
[+] 108 2025-05-29 EMAILED Copyright report with certified copy of minute order dated 05/28/25 to Registrar, Washington DC
109 2025-06-06 RETURN of Service of CERTIFIED Mail Article #9589 0710 5270 0579 7830 11 returned executed on 6/3/2025 as to Original eighty-nine thousand- and 00/100-dollars bond posted by Britton Central, Inc. to Attorney, Michael A. Hierl. (Received by mail in the Clerk's Office on 6/6/25.)