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[+]
1
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2025-03-26 |
COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-23262296. |
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(Exhibit 1) |
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2
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2025-03-26 |
CIVIL Cover Sheet |
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3
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2025-03-26 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl |
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4
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2025-03-26 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac |
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5
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2025-03-26 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray |
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6
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2025-03-26 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by John Wilson |
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7
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2025-03-26 |
MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal |
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8
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2025-03-26 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A |
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[+]
9
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2025-03-26 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited |
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CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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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10
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2025-03-27 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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11
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2025-03-27 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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12
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2025-04-09 |
MINUTE entry before the Honorable Sunil R. Harjani: By 4/16/2025, Plaintiff shall file a status report with an update on the case. Mailed notice. |
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13
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2025-04-16 |
STATUS Report by Eicher Motors Limited |
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14
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2025-04-16 |
MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed Plaintiff's Status Report 13. By 4/24/2025, Plaintiff shall file its anticipated motion for temporary restraining order. Mailed notice |
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15
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2025-04-24 |
MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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16
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2025-04-24 |
MOTION by Plaintiff Eicher Motors Limited 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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[+]
17
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2025-04-24 |
MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, 16 |
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Declaration Ribchester Declaration |
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Exhibit 1 |
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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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(Exhibit Hierl Exhibit 4) |
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18
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2025-04-24 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 1 of Ribchester Declaration |
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19
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2025-04-24 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 2 of Ribchester Declaration |
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20
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2025-04-24 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 3 of Ribchester Declaration |
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21
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2025-04-24 |
Notice of Claims Involving Trademarks by Eicher Motors Limited |
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22
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2025-04-25 |
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 7, plaintiff's motion for temporary restraining order 16, and plaintiff's motion to exceed page limitation 15 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 50 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 5/2/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a single defendant or a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. |
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23
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2025-05-02 |
AMENDED complaint by Eicher Motors Limited 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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24
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2025-05-02 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Amended Schedule A |
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25
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2025-05-02 |
MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Motion for an Extension of Time to File its Memorandum in Support of Joinder |
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26
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2025-05-02 |
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for an Extension of Time to File its Memorandum in Support of Joinder 25 is granted. By 5/9/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Mailed notice |
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27
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2025-05-09 |
DECLARATION of Darren Ribchester |
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28
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2025-05-09 |
SEALED EXHIBIT by Plaintiff Eicher Motors Limited Exhibit 2 to Ribchester Declaration regarding declaration 27 |
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[+]
29
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2025-05-09 |
MEMORANDUM by Eicher Motors Limited Plaintiff's Memorandum in Support of Joinder |
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(Exhibit 1) |
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30
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2025-05-22 |
ORDER: The Court has reviewed the plaintiff's memorandum on joinder 29. For the reasons stated in the attached Order, the Court determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 9 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). Accordingly, the Court dismisses defendant Nos. 11, 14, 17, 20, 21, 22, 35, 49 without prejudice. The case will proceed against defendant No. 10. If plaintiff files a new action against defendant Nos. 11, 14, 17, 20, 21, 22, 35, 49, plaintiff shall indicate on the Civil Cover Sheet that the filed case is related to this matter. See Local Rule 40.3(b)(2). Plaintiff's Motion to Exceed Page Limitation 15 and Motion for Entry of a Temporary Restraining Order 16 are denied without prejudice. Plaintiff may refile its motions consistent with this Order. Plaintiff's motion for leave to file under seal 7 is granted. Signed by the Honorable Sunil R. Harjani on 5/22/2025. Mailed notice. |
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31
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2025-06-09 |
MINUTE entry before the Honorable Sunil R. Harjani: By 6/13/2025, Plaintiff shall file a status report with an update on the case. Mailed notice |
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32
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2025-06-13 |
STATUS Report by Eicher Motors Limited |
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33
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2025-06-17 |
MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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34
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2025-06-17 |
MOTION by Plaintiff Eicher Motors Limited 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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[+]
35
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2025-06-17 |
MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, 34 |
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Declaration Ribchester Declaration |
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Exhibit 1 |
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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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(Exhibit Hierl Exhibit 4) |
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36
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2025-06-17 |
SEALED EXHIBIT by Plaintiff Eicher Motors Limited Exhibit 2 to Ribchester Declaration regarding memorandum in support of motion, 35 |
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37
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2025-07-01 |
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to exceed page limitation 33, and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 34 are granted. Plaintiff's submissions establish that were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. Further, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 1:45 p.m. on 7/1/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 7/8/2025. Telephone status hearing is set for 7/15/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
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38
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2025-07-01 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 7/1/2025. Mailed notice |
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39
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2025-07-08 |
MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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40
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2025-07-08 |
SURETY BOND in the amount of $ 1,000.00 posted by Eicher Motors Limited. (Document not scanned). (jn,) |
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41
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2025-07-09 |
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 39 is granted. For the reasons stated in Plaintiff's Memorandum 39, the Court finds good cause to extend the temporary restraining order an additional 14 days to 7/29/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 7/22/2025. Telephone status hearing set for 7/15/2025 is stricken and reset to 7/29/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice. |
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43
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2025-07-21 |
SUMMONS Issued (Court Participant) as to Shop1102692250 Store |
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44
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2025-07-22 |
MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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(Declaration Figueroa Declaration) |
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45
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2025-07-22 |
SEALED EXHIBIT by Plaintiff Eicher Motors Limited Exhibit A to Figueroa Declaration regarding MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 44 |
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46
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2025-07-23 |
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's second ex parte motion [44] to extend the temporary restraining order and briefing schedule seeks to extend the sealed TRO entered on 7/1/2025 to maintain the status quo by an additional period of 14 days until 8/12/2025. Rule 65 dictates that a temporary restraining order cannot exceed 14 days, although the court may extend it "for a like period" for good cause. Fed. R. Civ. P. 65(b)(2). On 7/9/2025, this Court extended the TRO an additional 14 days until 7/29/2025. [41]. Plaintiff's current request exceeds the maximum 28-day limit for a TRO. If a TRO extension exceeds the maximum duration for a TRO under Rule 65(b), the extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). A preliminary injunction requires notification to the opposing party. See Fed. R. Civ. 65(a)(1) (a "court may issue a preliminary injunction only on notice to the adverse party."). Because plaintiff did not provide the defendant identified in Amended Schedule A with notice of its intent to seek a preliminary injunction, plaintiff's motion to extend the TRO [44] is denied. Mailed notice. |
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47
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2025-07-24 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Elizabeth Aubree Miller |
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48
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2025-07-24 |
MOTION by Plaintiff Eicher Motors Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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49
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2025-07-24 |
MEMORANDUM by Eicher Motors Limited in support of motion for preliminary injunction 48 |
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50
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2025-07-24 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 48 |
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51
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2025-07-24 |
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 48 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve the defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 7/29/2025." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 7/29/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon the defendant within one business day of its entry on the docket and must promptly file proof of that service. Status hearing set for 7/29/2025 is stricken. A tentative preliminary injunction hearing is set for 7/31/2025 at 9:15 a.m. Mailed notice |
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52
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2025-07-24 |
CERTIFICATE of Service by John Wilson on behalf of Eicher Motors Limited |
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53
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2025-07-30 |
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 48 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court finds that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 52 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents: Plaintiffs' Amended Complaint 23, Amended Schedule A to the Amended Complaint 24, Exhibit 2 to the Declaration of Darren Ribchester 28, Exhibit 2 to the Declaration of Darren Ribchester 36, the TRO 38, and Exhibit A to Figueroa Declaration 45. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 7/31/2025 is stricken. Mailed notice |
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54
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2025-07-30 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 7/30/2025. Mailed notice |
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NEW PARTIES: Shop1102692250 Store added to case caption. |
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55
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2025-09-03 |
MOTION by Plaintiff Eicher Motors Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A |
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[+]
56
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2025-09-03 |
MEMORANDUM by Eicher Motors Limited in support of motion for default judgment 55 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
57
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2025-09-03 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 55 |
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(Exhibit Hierl Exhibit 1) |
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58
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2025-09-04 |
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff shall file the summons returned executed by 9/10/2025. Mailed notice |
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59
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2025-09-10 |
SUMMONS Returned Executed by Eicher Motors Limited as to Shop1102692250 Store on 7/24/2025, answer due 8/14/2025. |
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60
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2025-09-11 |
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 55 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 9/24/2025. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 9/24/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 10/8/2025 at 9:15 a.m. Mailed notice |
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61
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2025-09-11 |
CERTIFICATE of Service by John Wilson on behalf of Eicher Motors Limited |
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62
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2025-09-12 |
CERTIFICATE of Service by John Wilson on behalf of Eicher Motors Limited |
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63
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2025-09-29 |
MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 55 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 61 62 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 10/8/2025 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of one-thousand dollar ($1,000) to Plaintiff or his counsel, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
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64
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2025-09-29 |
ORDER DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 9/29/2025. Mailed notice |
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65
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2025-09-30 |
MAILED trademark report with certified copy of minute order dated 9/29/25 to Patent Trademark Office, Alexandria VA. |
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66
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2025-09-30 |
NOTICE of withdrawal of bond 40 by John Summerfield. |
