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[+]
1
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2022-05-10 |
COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-19447276. |
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(Exhibit 1) |
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2
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2022-05-10 |
CIVIL Cover Sheet |
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3
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2022-05-10 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl |
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4
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2022-05-10 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac |
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5
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2022-05-10 |
ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray |
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6
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2022-05-10 |
MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2022-05-10 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A |
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[+]
8
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2022-05-10 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited |
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CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. 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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2022-05-11 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
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10
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2022-05-11 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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11
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2022-05-11 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's Local Rule 3.2 notification 8 of affiliates states that plaintiff "has no publicly held affiliates." Effective May 5, 2022, Local Rule 3.2(a)'s definition of affiliates was amended as follows: "For purposes of this rule, 'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." See N.D. Ill. Gen. Order No. 22-0009 (May 5, 2022). No substantive action may be taken in this case until all notices of affiliates required by Local Rule 3.2 have been filed. In accordance with Local Rule 3.2, plaintiff must disclose all publicly AND PRIVATELY held entities and individuals meeting the Local Rule 3.2(a) definition of affiliate. Plaintiff's amended notice of affiliates is due on or before 5/18/2022. Mailed notice. |
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12
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2022-05-18 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited Amended Notification of Affiliates |
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13
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2022-05-20 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's revised Local Rule 3.2(a) notice 12 of affiliates identifies a trust as plaintiff's sole affiliate. It seems arguable that the beneficiaries of a trust must be identified as affiliates because beneficiaries' financial interests in the trust corpus are likely to be affected by the outcome of the litigation. See 28 U.S.C. § 455(b)(4)-(5). By no later than 5/27/2022, plaintiff must therefore either amend its notice of affiliates and disclose the beneficiar[ies] of the trust or file a memorandum of law explaining why disclosure is not required. Mailed notice |
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14
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2022-05-20 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's revised Local Rule 3.2(a) notice 12 of affiliates identifies a trust as plaintiff's sole affiliate. It seems arguable that the beneficiaries of a trust must be identified as affiliates because beneficiaries' financial interests in the trust corpus are likely to be affected by the outcome of the litigation. See 28 U.S.C. § 455(b)(4)-(5). By no later than 5/27/2022, plaintiff must therefore either amend its notice of affiliates and disclose the beneficiar[ies] of the trust or file a memorandum of law explaining why disclosure is not required. Mailed notice |
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[+]
15
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2022-05-26 |
MEMORANDUM by Eicher Motors Limited |
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Exhibit 1 |
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(Exhibit 2) |
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16
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2022-05-27 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's request 15 for leave to file its proposed amended notice of affiliates is granted. Plaintiff is directed to file its amended notice of affiliates [15-2] as a separate entry on the docket. Mailed notice |
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17
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2022-05-27 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited Amended Notification of Affiliates |
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18
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2022-06-01 |
MINUTE entry before the Honorable Joan B. Gottschall: In its pending motion 6 to seal, plaintiff represents that it intends to file a motion for a temporary restraining order. If a motion for temporary restraining order has not been filed by 6/14/2022, a status report is due on that date. Mailed notice |
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19
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2022-06-14 |
STATUS Report by Eicher Motors Limited |
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[+]
20
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2022-06-15 |
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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21
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2022-06-15 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Amended Sealed Schedule A |
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22
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2022-06-16 |
MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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23
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2022-06-16 |
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, Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
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[+]
24
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2022-06-16 |
MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, 23 |
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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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25
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2022-06-16 |
SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 to Ribchester Declaration |
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26
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2022-06-16 |
Notice of Claims Involving Trademarks by Eicher Motors Limited |
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27
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2022-06-16 |
CERTIFICATE of Service by Michael A. Hierl on behalf of Eicher Motors Limited |
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28
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2022-06-17 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's pending motion to seal 6 and motion 22 for leave to exceed the Local Rule 7.1 page limit are granted. Plaintiff's motion 23 for an ex parte temporary restraining order is denied without prejudice because paragraph four of the revised proposed form of order emailed to the court at approximately 2:30 p.m. on June 16, 2022, does not comply with this court's standing order in Lanham Act counterfeiting cases. Paragraph four of the proposed order directs "[t]he Third Party Provider," defined in paragraph two to be non-party "Amazon," to implement an asset freeze. According to the certificate of service accompanying the motion, plaintiff has not given notice to Amazon of the motion requesting a finding under Fed. R. Civ. P. 65(d)(2)(C) that it is in active concert or participation with defendants. This court's standing order in Lanham Act counterfeiting cases, which is available on Judge Gottschall's page on the court's official website, reads in full: "Counsel should be aware that pursuant to Seventh Circuit authority, under Fed. R. Civ. P. 65(d)(2), third parties not named in the complaint (typically, for example, Amazon and eBay) cannot be named as in active concert or participation with the defendants unless their active concert or participation is proven AND they receive advance notice and an opportunity to be heard before any such order is entered. Any proposed order not complying with the cases identified here will be rejected. Please see the following cases: Lake Shore Asset Management Limited v. Commodity Futures Trading Commission, 511 F.3d 762 (7th Cir. 2007); United States v. Kirschenbaum, 156 F.3d 784 (7th Cir. 1998); Pow! Entertainment, LLC v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto, 2020 WL 5076715 (N.D. Ill. Aug. 26, 2020)." The court has reviewed plaintiff's supporting memorandum 24 of law. Plaintiff does not address the authorities cited in the standing order or the legal principles for which those authorities stand. Any refiled motion for a temporary restraining order is due on or before 7/8/2022. Mailed notice |
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29
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2022-07-08 |
MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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30
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2022-07-08 |
MOTION by Plaintiff Eicher Motors Limited for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery |
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[+]
31
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2022-07-08 |
MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, 30 |
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Exhibit 1 |
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Exhibit 2 |
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(Exhibit 3) |
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32
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2022-07-08 |
CERTIFICATE of Service by Plaintiff Eicher Motors Limited |
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33
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2022-07-11 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion 30 for entry of a temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion 32 and proposed form of temporary restraining order to Amazon, the non-party provider of services to the defendants named in the proposed temporary restraining order. Amazon has until and including July 18, 2022, to object to plaintiff's request that the court find that it has personal jurisdiction over it and that it is in active concert or participation with the defendants named in amended schedule A to the amended complaint. See Fed. R. Civ. P. 65(d)(2). Amazon may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending an email message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before July 18, 2022. Plaintiff is ordered to serve Amazon with a copy of this order and file a certificate of service on or before July 13, 2022. Mailed notice |
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[+]
34
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2022-07-13 |
CERTIFICATE of Service by Plaintiff Eicher Motors Limited |
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(Exhibit 1) |
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35
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2022-07-18 |
EMAIL CORRESPONDENCE by counsel Ramie Snodgrass. |
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36
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2022-07-18 |
MINUTE entry before the Honorable Joan B. Gottschall: By email dated July 15, 2022, on which the court was copied, counsel for Amazon, Inc. ("Amazon"), requested a two-day extension, to July 20, 2022, of its deadline to respond to plaintiff's motion for a temporary restraining order. Counsel are advised that requests for a deadline extension must be made on the record and by motion. The court should not be copied on discussions of substantive matters between counsel. Given the time constraints involved and the fact that it is unclear from the correspondence whether plaintiff's counsel opposes the requested extension, any opposition to Amazon's request is due by noon on this date, July 18, 2022. Mailed notice |
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37
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2022-07-18 |
MINUTE entry before the Honorable Joan B. Gottschall: Without objection from plaintiff, the deadline for Amazon.com, Inc., to file a response to the order entered 7/11/2022 is extended to and including 7/20/2022. Mailed notice |
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38
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2022-07-20 |
OBJECTIONS by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto to text entry, 33 Minute Entry of a Temporary Restraining Order |
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39
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2022-07-21 |
MINUTE entry before the Honorable Joan B. Gottschall: Any reply to non-party Amazon.com. Inc.'s, limited objection 38 to plaintiff's motion 30 for entry of a temporary restraining order is due on or before 7/27/2022. In addition to the matters raised in the limited objection, plaintiff is directed to inform the court why its request for an asset freeze is not moot given Amazon.com, Inc.'s, representations (Limited objection 6 n.4) that defendants' assets have been frozen by the preliminary injunctions entered in case Nos. 22-cv-2766 (Ellis, J.) and 22-cv-2880 (Pacold, J.). Mailed notice |
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40
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2022-07-27 |
MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Unopposed Motion for Extension of Time to File a Reply to Amazon.com, Inc.'s Objection to Entry of a Temporary Restraining Order |
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41
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2022-07-28 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's unopposed motion 40 for an extension to and including 7/29/2022 of its deadline to reply to Amazon.com, Inc.'s, limited objection 38 to plaintiff's motion 30 for entry of a temporary restraining order is granted. Mailed notice |
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42
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2022-07-29 |
REPLY by Plaintiff Eicher Motors Limited Plaintiff's Reply to Amazon.com Inc.'s Objections to Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order |
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43
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2022-08-03 |
MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order granting in part and denying in part plaintiff's renewed ex parte motion 30 for entry of a temporary restraining order and granting plaintiff's motion 29 for leave to file an oversized memorandum of law in support of its renewed motion for a temporary restraining order. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 8/17/2022 at 10:30 a.m. Due to the COVID-19 pandemic and in accordance with the guidance of General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the amended complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Darren Ribchester and any email addresses provided for defendants by third parties that includes a link to said website. Mailed notice |
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44
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2022-08-03 |
MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 8/3/2022. Mailed notice |
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45
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2022-08-03 |
SEALED Temporary Restraining Order. Signed by the Honorable Joan B. Gottschall on 8/3/2022.Mailed notice |
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46
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2022-08-11 |
SURETY BOND in the amount of $ 10,000.00 posted by Eicher Motors Limited. (Document not scanned) |
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47
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2022-08-12 |
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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48
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2022-08-15 |
MINUTE entry before the Honorable Joan B. Gottschall: The deadline to request a hearing has come and gone (see No. 43), and no request for a hearing has been received. Plaintiff's motion (No. 47) to extend the sealed temporary restraining order (No. 45) is granted. The preliminary injunction hearing tentatively set for 8/17/2022 is stricken and reset to 8/31/2022 at 10:30 a.m. Due to the ongoing COVID-19 pandemic and in accordance with General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested by Thursday, 8/25/2022. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the amended complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Darren Ribchester and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice |
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49
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2022-08-25 |
MOTION by Plaintiff Eicher Motors Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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50
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2022-08-25 |
MEMORANDUM by Eicher Motors Limited in support of motion for preliminary injunction[49] |
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51
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2022-08-25 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[49] |
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52
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2022-08-25 |
MOTION by Plaintiff Eicher Motors Limited Plaintiff's Motion to Direct the Clerk of the Court to Issue a Summons |
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53
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2022-08-26 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion for preliminary injunction 49 and motion to direct the clerk to issue a single summons 52 are denied without prejudice. Plaintiff seeks to serve the summons by electronic means, but plaintiff has neither sought nor obtained leave under Fed. R. Civ. P. 4(f)(3) to serve the summons and complaint by electronic means. As this court has ruled in numerous Lanham Act suits against online sellers brought by plaintiff's attorneys, to demonstrate that the Hague Convention is inapplicable, the plaintiff must show that the defendants' physical addresses could not be located after a reasonably diligent search. See NBA Props., Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A", 549 F. Supp. 3d 790, 795-96 (N.D. Ill. 2021), aff'd on other grounds sub nom. NBA Props., Inc. v. HANWJH, 2022 WL 3367823 (7th Cir. Aug. 16, 2022); Luxottica Grp. S.P.A. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 391 F. Supp. 3d 816, 821-24 (N.D. Ill. 2019). Plaintiff cites no new binding authority contravening this court's rulings and has provided no evidence of defendants' mailing addresses on file with Amazon.com, Inc., or evidence of what, if any, efforts they have undertaken to determine whether those addresses are valid. Such evidence is typically provided at the preliminary injunction stage in these kinds of cases. Furthermore, plaintiff represents that it seeking the same relief as it did at the temporary restraining order ("TRO") stage, but the TRO did not award relief similar to paragraphs three and four of plaintiff's proposed form of preliminary injunction emailed to the court on 8/25/2022. Proposed paragraph three, requiring domain name registrars to disable defendants' domains, does not appear to be necessary because defendants have not been represented to own any domain names. If plaintiff wishes the court to enter proposed paragraphs three and four, it must provide a legal justification for issuing both paragraphs without notice to the unserved third parties named in those paragraphs. Because no preliminary injunction hearing has been requested by the deadline 48, the hearing set for 8/31/2022 is stricken. Plaintiff has until and including 8/30/2022 to refile its motions and make the showings required by the Hague Convention and this minute order. Mailed notice |
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54
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2022-08-30 |
MOTION by Plaintiff Eicher Motors Limited for preliminary injunction Plaintiff's Renewed Motion for Entry of a Preliminary Injunction and Leave to Serve a Summons and Complaint by Electronic Means |
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55
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2022-08-30 |
MEMORANDUM by Eicher Motors Limited in support of motion for preliminary injunction 54 |
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[+]
56
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2022-08-30 |
DECLARATION of William B. Kalbac regarding motion for preliminary injunction 54 |
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(Exhibit 1) |
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57
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2022-08-30 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 54 for a preliminary injunction and for leave under Fed. R. Civ. P. 4(f)(3) to serve the summons and complaint by electronic means is granted with the exception of paragraph four of the proposed form of preliminary injunction emailed to the court on 8/30/2022. The minute order 53 of 8/26/2022 provided, "If plaintiff wishes the court to enter proposed paragraphs three and four, it must provide a legal justification for issuing both paragraphs without notice to the unserved third parties named in those paragraphs." Plaintiff removed proposed paragraph three. Plaintiff offers no legal justification for proposed paragraph four in its memorandum of law 55. Proposed paragraph four requires "any online marketplaces such as iOffer, Amazon, social media platforms, Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing and Yahoo" to disable accounts associated with defendants within three days of being served with the preliminary injunction. Binding Seventh Circuit authority requires the third parties named in paragraph four to receive advance notice and an opportunity to be heard before the court makes a finding that they are bound by the preliminary injunction because they are in active concert or participation with defendants. See Fed. R. Civ. P. 65(d)(2); Lake Shore Asset Mgmt. Ltd. v. Commodity Futures Trading Comm'n, 511 F.3d 762 (7th Cir. 2007); United States v. Kirschenbaum, 156 F.3d 784 (7th Cir. 1998); Pow! Ent., LLC v. Individuals, Corps., Ltd. Liab. Cos., P'ships, and Unincorporated Ass'ns Identified On Schedule A Hereto, 2020 WL 5076715 (N.D. Ill. Aug. 26, 2020). The court authorizes electronic service of the summons and complaint based on paragraph three of the declaration 56 of William B. Kalbac. Plaintiff has carried its burden to show that the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters ("Hague Convention") does not apply. Specifically, plaintiff has shown that it acted with reasonable diligence in propounding discovery requests to Amazon.com, Inc. ("Amazon"), and Amazon has not responded with mailing addresses associated with defendants' accounts because defendants did not provide any such addresses to Amazon. See Hague Convention, art. i. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal amended Schedule A to the amended complaint 21, Exhibit 2 to the Declaration of Darren Ribchester 25, and the temporary restraining order 45. The law firm of Hughes Socol Piers Resnick & Dym, Ltd., is hereby 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 located at www.ilnd.uscourts.gov/instructions. A status report is due on or before 10/31/2022. Mailed notice |
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[+]
58
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2022-08-30 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 8/30/2022.Mailed notice |
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NEW PARTIES: AgroMarket TheChivas, de45g55, Duane Grimsley, ian4117, jiaxiuyun6666, liaohongjun23995, limingqing7890, lisuying55197, liuguotan24313, lujizong030, niyin fashion, Sadie Henderson, xiangyang fashion, yuanna, yuweiwei fashion, zuihoumoli, do you want to, I am always ready, tongshanxianshuangyibaihuodian, tongshanxianyinshabaihuodian, YLFDXQ, LITAI Store, Shop1100147336 Store, Shop1100170364 Store, Shop1100174312 Store, Shop1100175283 Store, Shop1100175326 Store, Shop1100177375 Store, Shop1100185102 Store, Shop1100189115 Store, Shop1100190105 Store, Shop1100213722 Store, Shop1100216088 Store, Shop1100217094 Store, Shop1100219229 Store, Shop1100219551 Store, Shop1100225546 Store, Shop1100250114 Store, Shop1100367048 Store, Shop1100367074 Store, Shop1970901 Store, bay-syahr, hommalai, korthon_60, phthi2038, rkautomotive-55, royalenfieldking, saepumuki-0, sutem-26, x-speed_store, z-speedshop, aihe Supermarket, Alexander Sturgill, AlvisAlvayBbVh, Antonio Bryson, ARTRT, Bobbyqw, Charles Friedlander, cmx0001, Corey Randall, Craig Abram, Dan W Berlanga, Daniel Gaulke, David Sloat, diou wholeshop, dongkangyang085, Duodownby Pants, duweijun1900, earvines, Edwin West, Elizabethaahh, EvangelineElliotmRyX, feffrfvg, growthmanship, Howard D Martin, isasdajjdxxlch, Janet Delaney, jdiajdsoidplaode, jiangyi1112, jiaojianzhong3448, Jo Shane and John Spahn added to case caption. |
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NEW PARTIES: Joseph Harris, kinedxb, Lareezxgvb, linmeiqing6019, liuyangcheng32850, longguanhua49178, luoshuzhen, lvguccilove, lvpin Store, Marcus Webber, Maryrwe, Matthew Shumaker, McDonald all, meilei1, Micheline B. Young, moqun fashion, ningjingzhiyuanshi, Pam Maurer, Pilsureic Fume, qihaoyu, Raymond Thompson, richard saunders, Robert Kennedy, Ruffa may, Sale Off, schuierden, Sean Perez, sievertaidan, Songchenhui820, Steven Heimerl Z, Tandy Harwell, TengxingjumA, Toni Young, verbenaceous, Victoria Polk, Wade Gammon, Wakefield Crowbar, wanglina26691, wangqiuyan1627, Willieqw, xiewen3428, xuedandan2049, yaojiaxiang24930, yemin fashion, yuzishun36583, zhang li66058, zhangshuaige22791, zhangyuhang23843, zhouping fashion, zhouyunlong76074, Zichenglin137, Alva MingNan, hezeshidingtaoqujiyingwujin, hyr us, JUTENGBAIHUODIAN, Puzzles Shop, Qilihequxidelai, Wangjiajinbaihuo, 7www Store, Assgai Store, AUAU Store, Car and Motorcycle Masks Store, FEKAI Store, Fun Hub Store, GBB Store, Hachi Store, Maladi Store and OMIER GRAPHICS Store added to case caption. |
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NEW PARTIES: OneAndOne Store, RTYU Store, Shop1100007072 Store, Shop1100145095 Store, Shop1100151392 Store, Shop1100163073 Store, Shop1100174196 Store, Shop1100176292 Store, Shop1100178320 Store, Shop1100184106 Store, Shop1100187231 Store, Shop1100189112 Store, Shop1100189114 Store, Shop1100214012 Store, Shop1100215100 Store, Shop1100217843 Store, Shop1100220809 Store, Shop1100222207 Store, Shop1100223341 Store, Shop1100225830 Store, Shop1100234046 Store, Shop1100248108 Store, Shop1100248111 Store, Shop1100265004 Store, Shop1100349582 Store, Shop1100367239 Store, Shop1100367282 Store, Shop1100368244 Store, shop687899 tshirts Store, Shop910319010 Store, Shop910718115 Store, Shop910721137 Store, Shop911569193 Store, Shop99000035 Store, SHOP99000180 Store, T-shirt 9900020 Store, Tiffiny Store, Ujprai Store, YinXQ Store and YXQMO Store added to case caption. |
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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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[+]
59
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2022-10-28 |
SUMMONS Returned Executed by Eicher Motors Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/28/2022, answer due 11/18/2022. |
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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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60
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2022-10-31 |
STATUS Report Initial Status Report by Eicher Motors Limited |
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61
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2022-10-31 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's initial status report 60 appears to have been inadvertently filed in the incorrect case, for it incorrectly represents that trademarks related to the "Grumpy Cat" brand are at issue. Plaintiff is ordered to file an amended initial status report on or before 11/4/2022. Mailed notice |
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62
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2022-11-01 |
STATUS Report Amended Initial Status Report by Eicher Motors Limited |
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63
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2022-11-02 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports 62 that it is open to discussing settlement with the "three (3) remaining Defendants" in this action. The court does not know to which defendants plaintiff is referring because no defendant has appeared. Plaintiff proposes to file a motion for entry of an order of default and default judgment within three weeks. If plaintiff has not filed such a motion by 12/7/2022, a status report is due on that date. Mailed notice |
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64
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2022-12-07 |
DECLARATION of William B. Kalbac Declaration of Service |
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65
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2022-12-07 |
MOTION by Plaintiff Eicher Motors Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
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[+]
66
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2022-12-07 |
MEMORANDUM by Eicher Motors Limited in support of motion for default judgment 65 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
67
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2022-12-07 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 65 |
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(Exhibit Hierl Exhibit 1) |
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68
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2022-12-08 |
MINUTE entry before the Honorable Joan B. Gottschall: Any response to plaintiff's motion 65 for entry of default and for entry of default judgment is due on or before 12/22/2022. The court will rule on the papers unless a hearing is requested on or before 12/22/2022. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve defendants and any affected third-party providers with a copy of this order and file a certificate of service on or before 12/12/2022. Plaintiff has not explained why paragraph two of the proposed form of default judgment directing unserved third-party domain name registrars to transfer defendants' domain names to plaintiff is necessary or appropriate, given that all defendants operate stores on Amazon.com, meaning that there are no domains to transfer. Accordingly, unless plaintiff files a memorandum of law justifying proposed paragraph two by the response deadline (12/22/2022), paragraph two will be omitted from the default judgment.Mailed notice |
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69
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2022-12-09 |
CERTIFICATE of Service by Plaintiff Eicher Motors Limited |
|
70
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2022-12-21 |
STATUS Report by Eicher Motors Limited |
|
71
|
2022-12-23 |
MINUTE entry before the Honorable Joan B. Gottschall: The deadline of 12/22/2022 to object to plaintiff's motion for entry of default and default judgment has come and gone (see 68), and no objection has been filed. As stated in its status report 70 filed 12/21/2022, plaintiff has withdrawn former proposed paragraph two of the default judgment affecting an internet domain name transfer. Plaintiff's motion 65 for entry of default and default judgment is granted. Enter default judgment. Civil case terminated. Mailed notice |
|
72
|
2022-12-23 |
FINAL JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 12/23/2022.Mailed notice |
