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1
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2022-02-22 |
COMPLAINT filed by Chapter 4 Corp.; Filing fee $ 402, receipt number 0752-19177119. |
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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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Exhibit 5 |
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Exhibit 6 |
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Exhibit 7 |
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Exhibit 8 |
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2
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2022-02-22 |
SEALED EXHIBIT by Plaintiff Chapter 4 Corp. Schedule A regarding complaint, [1] |
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3
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2022-02-22 |
MOTION by Plaintiff Chapter 4 Corp. for leave to file under seal |
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4
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2022-02-22 |
CIVIL Cover Sheet |
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5
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2022-02-22 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chapter 4 Corp. |
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6
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2022-02-22 |
Notice of Claims Involving Trademarks by Chapter 4 Corp. |
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7
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2022-02-22 |
ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Justin R. Gaudio |
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8
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2022-02-22 |
ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Amy Crout Ziegler |
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9
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2022-02-22 |
ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Abby Marie Neu |
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[+]
10
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2022-02-22 |
ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Thomas Joseph Juettner |
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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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2022-02-22 |
MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by May 9, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. |
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12
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2022-02-23 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
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(List of Trademarks) |
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13
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2022-02-23 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
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14
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2022-02-25 |
MOTION by Plaintiff Chapter 4 Corp. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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15
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2022-02-25 |
MEMORANDUM by Chapter 4 Corp. in support of motion for temporary restraining order 14 |
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16
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2022-02-25 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 |
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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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17
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2022-02-25 |
DECLARATION of Lisa M. Willis regarding memorandum in support of motion 15 |
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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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Exhibit 5 |
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(Exhibit 6) |
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18
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2022-02-25 |
SEALED EXHIBIT by Plaintiff Chapter 4 Corp. Exhibit 7 - Parts 1-2 regarding declaration 17 |
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Exhibit 7-1 |
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(Exhibit 7-2) |
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19
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2022-02-25 |
MOTION by Plaintiff Chapter 4 Corp.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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20
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2022-02-25 |
MEMORANDUM by Chapter 4 Corp. in support of motion for miscellaneous relief 19 |
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21
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2022-02-25 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20 |
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Exhibit 1 |
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Exhibit 2 |
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(Exhibit 3) |
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22
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2022-02-25 |
SEALED EXHIBIT by Plaintiff Chapter 4 Corp. Exhibit 8 regarding declaration 17 |
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23
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2022-03-17 |
MOTION by Attorney Abby M. Neu to withdraw as attorney for Chapter 4 Corp. No party information provided |
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24
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2022-03-17 |
MINUTE entry before the Honorable Steven C. Seeger: The motion to withdraw as counsel (Dckt. No. 23) is hereby granted. Attorney Abby Marie Neu is terminated as counsel of record. Mailed notice. |
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25
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2022-04-08 |
MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to seal (Dckt. No. 3) is hereby granted. Plaintiff's motion for electronic service of process (Dckt. No. 19) is hereby granted. Plaintiff's motion for a temporary restraining order (Dckt. No. 14) is hereby granted. Temporary restraining order to follow. Mailed notice. |
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26
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2022-04-08 |
SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 4/8/2022. Mailed notice. |
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27
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2022-04-08 |
ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Allyson M. Martin |
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28
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2022-04-14 |
SURETY BOND in the amount of $ 123,000.00 posted by Chapter 4 Corp. |
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29
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2022-04-19 |
MOTION by Plaintiff Chapter 4 Corp. for extension of time of Temporary Restraining Order |
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Declaration of Allyson M. Martin |
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30
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2022-04-20 |
MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for extension of the TRO (Dckt. No. 29) is hereby granted. The Court extends the TRO until 5:00 p.m. on May 6, 2022. Mailed notice. |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jk2,) |
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31
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2022-05-02 |
MINUTE entry before the Honorable Steven C. Seeger: The initial status report deadline of May 9, 2022 is stricken and reset to June 17, 2022. Mailed notice. |
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32
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2022-05-03 |
ATTORNEY Appearance for Plaintiff Chapter 4 Corp. by Justin Tyler Joseph |
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33
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2022-05-03 |
SUMMONS Returned Executed by Chapter 4 Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/3/2022, answer due 5/24/2022. |
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Declaration of Justin T. Joseph |
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(Exhibit 1) |
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34
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2022-05-03 |
NOTICE of Voluntary Dismissal by Chapter 4 Corp. as to a Certain Defendant |
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35
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2022-05-03 |
MOTION by Plaintiff Chapter 4 Corp. for preliminary injunction, MOTION by Plaintiff Chapter 4 Corp. for extension of time of Temporary Restraining Order |
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(Exhibit A) |
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36
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2022-05-03 |
DECLARATION of Allyson M. Martin regarding motion for preliminary injunction, extension of time 35 |
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(Exhibit 1) |
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37
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2022-05-27 |
NOTICE of Voluntary Dismissal by Chapter 4 Corp. as to certain defendants |
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38
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2022-06-16 |
MINUTE entry before the Honorable Steven C. Seeger: The initial status report deadline of June 17, 2022 is stricken and reset to July 29, 2022. Mailed notice. |
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39
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2022-07-22 |
NOTICE of Voluntary Dismissal by Chapter 4 Corp. as to certain defendants |
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40
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2022-07-25 |
MINUTE entry before the Honorable Steven C. Seeger: The initial status report deadline of July 29, 2022 is stricken and reset to September 30, 2022. Mailed notice |
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41
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2022-08-09 |
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for a preliminary injunction (Dckt. No. 35). The motion includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its brief in support of a TRO, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 12. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice |
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42
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2022-08-19 |
Regarding Asset Freeze STATEMENT by Chapter 4 Corp. per 41 |
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43
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2022-09-09 |
NOTICE of Voluntary Dismissal by Chapter 4 Corp. as to a certain defendant |
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44
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2022-09-29 |
MINUTE entry before the Honorable Steven C. Seeger: At plaintiff's request, the deadline to file a joint initial status report is extended to December 16, 2022. Mailed notice |
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45
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2022-10-04 |
MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for preliminary injunction (Dckt. No. 35) is hereby granted. Preliminary Injunction Order to follow. The answers were due by May 24, 2022. (Dckt. No. 33) But since then, more than four months have passed, and Plaintiff has not filed for default. The Court sua sponte enters default against all remaining defendants under Rule 55(a). A motion for default judgment is due by October 11, 2022. A response is due by October 21, 2022. A failure to comply will lead to dismissal for want of prosecution and failure to comply with a Court Order. Plaintiff must serve a copy of this Order and the forthcoming motion on Defendants, and must file a certificate of service. Mailed notice |
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46
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2022-10-04 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 10/4/2022. Mailed notice. |
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47
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2022-10-04 |
MINUTE entry before the Honorable Steven C. Seeger: The Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Mailed notice. |
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48
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2022-10-04 |
CERTIFICATE of Service by Plaintiff Chapter 4 Corp. regarding order on motion for preliminary injunction, order on motion for extension of time, text entry, 45 |
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(Exhibit A) |
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49
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2022-10-10 |
MOTION by Plaintiff Chapter 4 Corp. for entry of default as to all Defendants, MOTION by Plaintiff Chapter 4 Corp. for default judgment as to all Defendants |
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Exhibit A |
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50
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2022-10-10 |
MEMORANDUM by Chapter 4 Corp. in support of motion for entry of default, motion for default judgment[49] |
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Exhibit 1 |
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[+]
51
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2022-10-10 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[50] |
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Exhibit 1 |
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52
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2022-10-11 |
MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of default and default judgment (Dckt. No. 49) is hereby granted in part. The responses to the complaint are late. The Court enters default against the remaining defendants under Rule 55(a). A response to the motion for default judgment is due by October 20, 2022. Defendants must file a motion if they seek a hearing. Plaintiff must serve a copy of this Order on Defendants and file a certificate of service. Mailed notice. |
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53
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2022-10-11 |
CERTIFICATE of Service by Plaintiff Chapter 4 Corp. regarding order on motion for entry of default, order on motion for default judgment, text entry, 52 |
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(Exhibit A) |
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54
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2022-10-21 |
MINUTE entry before the Honorable Steven C. Seeger: By October 31, 2022, Plaintiff must file a spreadsheet that identifies, by Defendant, the amount of funds frozen under this Court's temporary restraining order. Mailed notice. |
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55
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2022-10-21 |
MINUTE entry before the Honorable Steven C. Seeger: As this Court previously noted (Dckt. No. 45), the answers were due by May 24, 2022, but Defendants have not responded to the complaint. This Court set a deadline of October 20, 2022 for Defendants to respond to the motion for default judgment. (Dckt. No. 52) Once again, Defendants did not respond. The motion for default judgment (Dckt. No. 49) is granted as stated in the forthcoming judgment. Final Judgment Order to follow. Permanent Injunction Order to follow. The case is closed. Civil case terminated. Mailed notice |
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56
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2022-10-21 |
FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 10/21/2022. Mailed notice. (Text Modified on 10/21/2022). |
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57
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2022-10-21 |
PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 10/21/2022. Mailed notice. |
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58
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2022-10-24 |
CITATION to Discover Assets issued as to Amazon.com, Inc., ContextLogic Inc., PayPal Holdings, Inc.(All Third Parties) (All No Notice Filed) |
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ContextLogic Inc. - Tracking Sheet |
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(PayPal Holdings, Inc. - Tracking Sheet) |
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59
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2022-10-31 |
Schedule of Defendants' Funds Previously Frozen by Temporary Restraining Order by Chapter 4 Corp. per 54 |
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MAILED original one-twenty-three thosuand dollar (123,00.00) surety bond posted by Chapter 4 Corp. to to attorney Amy Crout Ziegler, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via via certified mail #7022 1670 0001 2912 2486. |
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60
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2022-12-07 |
RETURN of certified receipt number 7022 1670 0001 2912. |
