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[+]
1
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2023-09-13 |
COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-21058151. |
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(Exhibit 1) |
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2
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2023-09-13 |
CIVIL Cover Sheet |
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3
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2023-09-13 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl |
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4
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2023-09-13 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac |
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5
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2023-09-13 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray |
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6
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2023-09-13 |
MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2023-09-13 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A |
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[+]
8
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2023-09-13 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation |
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CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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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CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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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2023-09-20 |
MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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10
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2023-09-20 |
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 |
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11
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2023-09-20 |
MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 10 |
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Declaration Saiki 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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12
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 1 of Saiki Declaration |
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13
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 2 of Saiki Declaration |
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14
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 3 of Saiki Declaration |
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15
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 4 of Saiki Declaration |
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16
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 5 of Saiki Declaration |
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17
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 6 of Saiki Declaration |
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18
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 7 of Saiki Declaration |
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19
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 8 of Saiki Declaration |
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20
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 9 of Saiki Declaration |
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21
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 10 of Saiki Declaration |
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22
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 11 of Saiki Declaration |
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23
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 12 of Saiki Declaration |
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24
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 13 of Saiki Declaration |
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25
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 14 of Saiki Declaration |
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26
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 15 of Saiki Declaration |
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27
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2023-09-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 2 Part 16 of Saiki Declaration |
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28
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2023-09-20 |
Notice of Claims Involving Trademarks by TV Tokyo Corporation |
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29
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2023-09-21 |
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Mary M. Rowland no longer assigned to the case pursuant to IOP 13(f)(2)(b). Signed by Executive Committee on 9/21/2023. |
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30
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2023-10-20 |
AMENDED complaint by TV Tokyo Corporation 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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31
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2023-10-20 |
SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A |
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32
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2023-10-25 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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33
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2023-10-25 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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34
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2023-12-28 |
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 12/28/2023: Mailed notice. |
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35
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2024-04-01 |
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 10 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 6 for leave to file under seal is granted in light of the asset-restraint goal. By 04/08/2024, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion for extra pages 9 is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/09/2024. Emailed notice |
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36
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2024-04-01 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/01/2024. Emailed notice |
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37
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2024-04-08 |
ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson |
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38
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2024-04-08 |
MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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39
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2024-04-09 |
SURETY BOND in the amount of $ $10,000.00 posted by TV Tokyo Corporation. (Document not scanned). (jn,) |
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40
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2024-04-09 |
MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend TRO 38 is granted through 04/29/2024. The tracking status hearing of 04/12/2024 is reset to 05/03/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on 04/26/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice |
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41
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2024-04-24 |
MOTION by Plaintiff TV Tokyo Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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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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42
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2024-04-24 |
MEMORANDUM by TV Tokyo Corporation in support of motion for preliminary injunction 41 |
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43
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2024-04-24 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 41 |
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44
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2024-04-24 |
STATUS Report by TV Tokyo Corporation |
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45
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2024-04-25 |
SUMMONS Returned Executed by TV Tokyo Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/24/2024, answer due 5/15/2024. |
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46
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2024-04-26 |
MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entering the TRO, the motion for preliminary injunction 41 is granted. The response to the complaint is due on 05/15/2024. R. 45. The tracking status hearing of 05/03/2024 is reset to 05/31/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 05/22/2024. If the Defendants do not respond to the complaint on time, then they are deemed to be in default, and the Plaintiff shall file the default-judgment motion no later than 05/22/2024. The Clerk's Office shall unseal R. 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 31 and 36. Emailed notice |
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47
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2024-04-26 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/26/2024. Emailed notice |
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48
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2024-05-22 |
CERTIFICATE of Service by Robert Payton Mcmurray on behalf of TV Tokyo Corporation |
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49
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2024-05-22 |
MOTION by Plaintiff TV Tokyo Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A |
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(Exhibit Amended Schedule A) |
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50
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2024-05-22 |
MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment, 49 |
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Exhibit 1 |
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(Exhibit 2) |
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[+]
51
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2024-05-22 |
DECLARATION of Michael A. Hierl regarding motion for default judgment, 49 |
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(Exhibit Hierl Exhibit 1) |
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52
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2024-05-22 |
STATUS Report by TV Tokyo Corporation |
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53
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2024-05-24 |
MINUTE entry before the Honorable Edmond E. Chang: On review of the motion 49 for default judgment and the supporting filings, R. 50, 51, the Plaintiff shall file a supplement to the motion that attaches the screenshots of only the online sellers in Amended Schedule A, rather than require a search through R. 12 through R. 27. The supplement is due on 05/31/2024. The tracking status hearing of 05/31/2024 is reset to 06/14/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
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54
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2024-05-31 |
Supplement to Amended Schedule A by TV Tokyo Corporation |
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55
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2024-06-03 |
MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response to the amended complaint, the motion for default judgment is granted. Judgment entered in favor of the Plaintiff and against the Defendants in the amount of thirty-five thousand dollars ($35,000) from each Defendant. A permanent injunction shall be entered in light of the willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/14/2024 is vacated. Civil case terminated. Emailed notice |
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56
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2024-06-03 |
FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/03/2024. Emailed notice |
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57
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2024-06-03 |
ENTERED JUDGMENT Signed by the courtroom deputy on 06/03/2024. Emailed notice |
