|
[+]
1
|
2023-05-18 |
COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-20650001. |
|
|
(Exhibit 1) |
|
2
|
2023-05-18 |
CIVIL Cover Sheet |
|
3
|
2023-05-18 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl |
|
4
|
2023-05-18 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac |
|
5
|
2023-05-18 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray |
|
6
|
2023-05-18 |
MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
|
7
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A |
|
[+]
8
|
2023-05-18 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation |
|
|
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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. |
|
9
|
2023-05-18 |
MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
|
10
|
2023-05-18 |
MOTION by Plaintiff TV Tokyo Corporation 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 |
|
[+]
11
|
2023-05-18 |
MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 10 |
|
|
Declaration Saiki Declaration |
|
|
Exhibit 1 |
|
|
Declaration Hierl Declaration |
|
|
Exhibit Hierl Exhibit 1 |
|
|
Exhibit Hierl Exhibit 2 |
|
|
(Exhibit Hierl Exhibit 3) |
|
12
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 1 of Saiki Declaration |
|
13
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 2 of Saiki Declaration |
|
14
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 3 of Saiki Declaration |
|
15
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 4 of Saiki Declaration |
|
16
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 5 of Saiki Declaration |
|
17
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 6 of Saiki Declaration |
|
18
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 7 of Saiki Declaration |
|
19
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 8 of Saiki Declaration |
|
20
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 9 of Saiki Declaration |
|
21
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 10 of Saiki Declaration |
|
22
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 11 of Saiki Declaration |
|
23
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 12 of Saiki Declaration |
|
24
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 13 of Saiki Declaration |
|
25
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 14 of Saiki Declaration |
|
26
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 15 of Saiki Declaration |
|
27
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 16 of Saiki Declaration |
|
28
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 17 of Saiki Declaration |
|
29
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 18 of Saiki Declaration |
|
30
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 19 of Saiki Declaration |
|
31
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 20 of Saiki Declaration |
|
32
|
2023-05-18 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 21 of Saiki Declaration |
|
33
|
2023-05-18 |
Notice of Claims Involving Trademarks by TV Tokyo Corporation |
|
34
|
2023-06-28 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, ex parte motion for a temporary restraining order and other relief 10, and motion for leave to file excess pages 9 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. 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 7 and 12 through 32. The accompanying Temporary Restraining 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. 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 accounting. In addition, 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 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 other judges in this District 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 revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
|
35
|
2023-06-28 |
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 6/28/2023. Mailed notice. |
|
36
|
2023-07-05 |
SURETY BOND in the amount of $ 10,000 posted by TV Tokyo Corporation TV (Document not scanned.) |
|
37
|
2023-07-10 |
MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
|
38
|
2023-07-18 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time 37 is granted. enter separate order. Mailed notice |
|
39
|
2023-07-18 |
ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/18/2023. Mailed notice |
|
40
|
2023-08-07 |
MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
|
41
|
2023-08-07 |
MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 40 |
|
[+]
42
|
2023-08-07 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 40 |
|
|
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
|
43
|
2023-08-08 |
SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/7/2023, answer due 8/28/2023. |
|
44
|
2023-08-13 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 40 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all 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 on or before 8/18/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice |
|
45
|
2023-08-15 |
CERTIFICATE Proof of Service |
|
46
|
2023-10-18 |
DECLARATION of Robert P. McMurray Declaration of Service |
|
[+]
47
|
2023-10-18 |
MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Schedule A |
|
|
(Exhibit A) |
|
[+]
48
|
2023-10-18 |
MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment 47 |
|
|
Exhibit 1 |
|
|
(Exhibit 2) |
|
[+]
49
|
2023-10-18 |
DECLARATION of Michael A. Hierl regarding motion for default judgment 47 |
|
|
(Exhibit Hierl Exhibit 1) |
|
50
|
2023-10-20 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 47 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 10/25/2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order forthwith upon all remaining Defendants and must file proof of service. Mailed notice |
|
51
|
2023-10-23 |
CERTIFICATE of Service by Plaintiff TV Tokyo Corporation Proof of Service |
|
52
|
2023-10-26 |
ORDER signed by the Honorable John F. Kness on 10/26/2023: Plaintiff's motion for entry of default judgment 47 is granted. Enter Final Judgment Order. Plaintiff's motion for preliminary injunction 40 is dismissed as moot. The ten-thousand-dollar ($10,000) surety bond posted by TV Tokyo Corporation is hereby released to TV Tokyo Corporation or its counsel, Hughes Socol Piers Resnick & Dym, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail. Civil case terminated. Mailed notice |
|
53
|
2023-10-26 |
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/26/2023. Mailed notice |
|
54
|
2023-12-08 |
SATISFACTION of Judgment |
|
55
|
2024-08-23 |
SATISFACTION of Judgment |
