|
[+]
1
|
2022-09-13 |
COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-19835780. |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
|
Exhibit 3 |
|
|
Exhibit 4 |
|
2
|
2022-09-13 |
SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint[1] |
|
3
|
2022-09-13 |
MOTION by Plaintiff General Motors LLC for leave to file under seal |
|
4
|
2022-09-13 |
CIVIL Cover Sheet |
|
5
|
2022-09-13 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC |
|
6
|
2022-09-13 |
Notice of Claims Involving Trademarks by General Motors LLC |
|
7
|
2022-09-13 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio |
|
8
|
2022-09-13 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler |
|
9
|
2022-09-13 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen |
|
[+]
10
|
2022-09-13 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Justin Tyler Joseph |
|
|
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. |
|
|
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
|
|
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. |
|
[+]
11
|
2022-09-14 |
MAILED trademark report to Patent Trademark Office, Alexandria VA. |
|
|
(Trademarks) |
|
[+]
12
|
2022-09-14 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
|
|
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
|
|
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. |
|
13
|
2022-09-21 |
MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
|
14
|
2022-09-21 |
MEMORANDUM by General Motors LLC in support of motion for temporary restraining order 13 |
|
[+]
15
|
2022-09-21 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
|
Exhibit 3 |
|
|
(Exhibit 4) |
|
[+]
16
|
2022-09-21 |
DECLARATION of Andrea Ankawi regarding memorandum in support of motion 14 |
|
|
(Exhibit 1) |
|
[+]
17
|
2022-09-21 |
SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 7 regarding declaration 16 |
|
|
Exhibit 2-1 |
|
|
Exhibit 2-2 |
|
|
Exhibit 2-3 |
|
|
Exhibit 2-4 |
|
|
Exhibit 2-5 |
|
|
Exhibit 2-6 |
|
|
(Exhibit 2-7) |
|
18
|
2022-09-21 |
MOTION by Plaintiff General Motors LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
|
19
|
2022-09-21 |
MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief 18 |
|
[+]
20
|
2022-09-21 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 |
|
|
Exhibit 1 |
|
|
(Exhibit 2) |
|
21
|
2022-12-02 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 13, and motion for electronic service of process 18 are granted in part. Plaintiff's submissions (including the Declaration of Andrea Ankawi) 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. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 17. 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 (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 goods, 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. As this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
|
[+]
22
|
2022-12-02 |
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 12/2/2022. Mailed notice |
|
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
|
23
|
2022-12-08 |
SURETY BOND in the amount of $ 10,000 posted by General Motors LLC. (Document not Scanned) |
|
24
|
2022-12-13 |
MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order |
|
[+]
25
|
2022-12-13 |
MEMORANDUM by General Motors LLC in support of extension of time[24] |
|
|
Declaration of Jake M. Christensen |
|
26
|
2022-12-13 |
ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller |
|
27
|
2022-12-19 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time 24 is granted. Enter separate order. Mailed notice |
|
28
|
2022-12-19 |
EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 12/19/2022. Mailed notice |
|
[+]
29
|
2022-12-28 |
MOTION by Plaintiff General Motors LLC for preliminary injunction |
|
|
Exhibit A |
|
[+]
30
|
2022-12-28 |
MEMORANDUM by General Motors LLC in support of motion for preliminary injunction[29] |
|
|
Declaration of Jake M. Christensen |
|
|
Exhibit 1 |
|
[+]
31
|
2022-12-28 |
SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/28/2022, answer due 1/18/2023. |
|
|
Declaration of Rachel S. Miller |
|
|
Exhibit A |
|
32
|
2022-12-29 |
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 Executive Committee on 12/29/2022: Mailed notice. |
|
33
|
2023-01-05 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
|
34
|
2023-01-16 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [29] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants 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 1/20/2023." 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. Mailed notice |
|
[+]
35
|
2023-01-17 |
CERTIFICATE of Service by Plaintiff General Motors LLC regarding text entry, 34 |
|
|
(Exhibit A) |
|
36
|
2023-02-01 |
NOTICE of Voluntary Dismissal by General Motors LLC as to Certain Defendants |
|
[+]
37
|
2023-02-01 |
MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants |
|
|
(Exhibit A) |
|
[+]
38
|
2023-02-01 |
MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment 37 |
|
|
(Exhibit 1) |
|
[+]
39
|
2023-02-01 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 38 |
|
|
(Exhibit 1) |
|
40
|
2023-02-09 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [29] 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 is persuaded 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 [31] [35] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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. Mailed notice |
|
41
|
2023-02-09 |
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/9/2023. Mailed notice |
|
42
|
2023-02-09 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [37] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 2/15/2023. If no objections are filed by that date, the court will consider the motion unopposed. 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. Mailed notice |
|
43
|
2023-02-09 |
NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants |
|
[+]
44
|
2023-02-10 |
CERTIFICATE of Service by Plaintiff General Motors LLC per 42 |
|
|
NEW PARTIES: 14H-Toys Store, ALKsticker Store, Auto Accessories VIP Shop Store, Car Car Car!!! Store, C-logo Store, gaowu car products Store, HuaHai Car Parts Store Store, International Auto Parts Factory Store, oushang Car Accessories Store, Shop1100344889 Store, Shop1102059283 Store, Shop1102080063 Store, Shop3652069 Store, Shop911029042 Store, Shop911052137 Store, Shop911121003 Store, Tymondi car decoration Store, XiangFei Store, 33 Corner, A2YOMPPQ73AKAP, better499-, chenmei6, CQ INTERNATIONAL TRADE COLIMITED, dajiashanghang, danabaihuodian, DEFTEN, DEXCVFDDS, dsavcxvfdwqruytnmh, dsbfdgtryuikilo, erzhuoshangmao, etgbgffdsweqjumuy, GBERNSLKDSIQUANJ, GFBLCS, Hefeishiqungongshangmaoyouxiangongsi, HEY KAULOR Business Direct, Honhan Industry Ltd, Interesting car, iuhjnkjdsavcxgtbg, JAMASBANGLincoln, Jazzshion, jingjingqipeiaipujia, kaichenwangluo, KSOM-US, Lee da niu, leihonMA7K2gbo, LianTuo123, lijunchong, Linkso, LK EARRINGS, LXDW, Magic Planet Company, Mayash-US, MeiXiaShangDian, miaomiao520, mo chun, MOVESHIHUA, Moving up auto, Moxhui, OUYANGGEGE, Rosalien, SADWJUYXCSDW, SILANKA, slipper Top, Sunglasses Holder Retail Stores, TANGUST, tianyund, TOOL-TS, US-Yu, wanningchenhaidianzikejiyouxiangongsi, wujiajuankjgkhh, XIAOLISTORE2021, yangxi778, YaoyinCanteen, YONGCHENG BAIHUO, YRYC, yuejunyantaikejizixunyouxiangongsi, YWSMB, ZerHuy, ZHAIZHIFU, zhanglinadsa, zhaoyinstore, bozhoulaicong, btj-6580, cuo_77, dengfe-41, fku-gbc, hefeikd, hefeininhuanhulianw_0, hefeinuaohulianwan_0, hui-258-6, jiao55-34, kunmingpenglipingwan_0, leiyaoxin, shunyou03, sqautoparts, vomnsauk.ks, vw-emblem, wuzongshangmao, xuxing, Ah2478342, AJG Garcia, Beautiful Beauty Beauty Style, Brocylon, btybrdt, ChenMengMei, CikanghuilanvD, denyabaozhu, Emersoncheu, FuLiFeng, gemystica, handis, hexingwu7120, huawenshangmao1, huguiwen, Jieshengfuke, jiudonglingge, KKaufman, klvrchwxb, lijiachengz, LiuRangQun, maxsteve, noastotplrev, NVJ Ladies'Underwear Shop, PONGwq, RicScore, Ruby L Guffey, sapzojgnd, Tangj Store, tigers721, unsqueezing, wangchunyang88, wangdongxu, wsikdjwfwfk, xiaochan, XIUHONGYANG75 and YUQIUMMEI168 added to case caption. |
|
45
|
2023-02-14 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC Revised |
|
46
|
2023-02-17 |
ORDER signed by the Honorable John F. Kness on 2/17/2023: Plaintiff's motion for entry of default judgment 37 is granted. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by General Motors LLC. is hereby released to General Motors LLC. or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Civil case terminated. Mailed notice |
|
47
|
2023-02-17 |
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 2/17/2023. Mailed notice |
|
[+]
48
|
2023-03-02 |
FULL SATISFACTION of Judgment regarding order 47 in the amount of $100,000 as to certain defendants |
|
|
MAILED original ten-thousand-dollar ($10,000) surety bond posted by Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail # 7019 2280 0000 0963 1958. |
|
49
|
2023-03-24 |
RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0963 1958. |
|
50
|
2023-03-30 |
FULL SATISFACTION of Judgment regarding order 47 in the amount of $100,000 as to certain defendant |
|
51
|
2024-03-07 |
FULL SATISFACTION of Judgment regarding order[47] in the amount of $100,000 as to certain defendant |
|
52
|
2024-09-19 |
FULL SATISFACTION of Judgment regarding order[47] as to certain defendant |
