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1
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2023-09-29 |
COMPLAINT filed by Casio Computer Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21166949. |
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Exhibit Group Exhibit 1 |
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(Exhibit Group Exhibit 2) |
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2
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2023-09-29 |
CIVIL Cover Sheet |
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3
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2023-09-29 |
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by Michael A. Hierl |
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4
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2023-09-29 |
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by William Benjamin Kalbac |
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5
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2023-09-29 |
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by Robert Payton Mcmurray |
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6
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2023-09-29 |
MOTION by Plaintiff Casio Computer Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal |
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7
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2023-09-29 |
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Sealed Schedule A |
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[+]
8
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2023-09-29 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Casio Computer Co., Ltd. |
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (Civil Category 2). |
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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 Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (Civil Category 2). |
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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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2023-11-02 |
AMENDED complaint by Casio Computer Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
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Exhibit Group Exhibit 1 |
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(Exhibit Group Exhibit 2) |
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10
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2023-11-02 |
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Amended Schedule A |
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11
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2023-11-02 |
MOTION by Plaintiff Casio Computer Co., Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
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12
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2023-11-02 |
MOTION by Plaintiff Casio Computer Co., Ltd. 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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13
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2023-11-02 |
MEMORANDUM by Casio Computer Co., Ltd. in support of motion for temporary restraining order, 12 |
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Declaration Kiuchi Declaration |
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Exhibit Group Exhibit 1 |
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Exhibit Group Exhibit 2 |
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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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14
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2023-11-02 |
SEALED DOCUMENT by Plaintiff Casio Computer Co., Ltd. Exhibit 3 of Kiuchi Declaration |
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15
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2023-11-02 |
Notice of Claims Involving Trademarks by Casio Computer Co., Ltd. |
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16
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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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17
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2024-04-02 |
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 12 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). (It is enough that the Lanham Act support the restraint, setting aside the design-patent claim for the moment.) 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. The Plaintiff's motion 11 to use extra pages is granted. 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). 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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18
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2024-04-02 |
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 04/02/2024. Emailed notice |
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19
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2024-04-08 |
ATTORNEY Appearance for Plaintiff Casio Computer Co., Ltd. by John Wilson |
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20
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2024-04-08 |
MOTION by Plaintiff Casio Computer Co., Ltd. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
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21
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2024-04-09 |
SURETY BOND in the amount of $ $10,000.00 posted by Casio Computer Co., Ltd. (Document not scanned). (jn,) |
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22
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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 20 is granted through 04/30/2024. 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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23
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2024-04-25 |
MOTION by Plaintiff Casio Computer Co., Ltd. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
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24
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2024-04-25 |
MEMORANDUM by Casio Computer Co., Ltd. in support of motion for preliminary injunction[23] |
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25
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2024-04-25 |
DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[23] |
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26
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2024-04-25 |
STATUS Report by Casio Computer Co., Ltd. |
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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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27
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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 23 is granted. The Plaintiff shall promptly serve the Defendants. The tracking status hearing of 05/03/2024 is reset to 05/17/2024 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 by 05/10/2024. The filings in this case shall be unsealed. Emailed notice |
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28
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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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29
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2024-05-09 |
STATUS Report by Casio Computer Co., Ltd. |
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30
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2024-05-10 |
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 29, the Plaintiff shall file a status report by 05/17/2024 on the status of service of summons. The tracking status hearing of 05/17/2024 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). Emailed notice |
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31
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2024-05-17 |
SUMMONS Returned Executed by Casio Computer Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 4/26/2024, answer due 5/17/2024. |
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32
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2024-05-17 |
STATUS Report by Casio Computer Co., Ltd. |
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33
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2024-05-18 |
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 32, and the return of service, R. 31, the answer to the amended complaint was due on 05/17/2024. The Defendants are in default. The Plaintiff shall file a motion for default judgment in a sum certain by 05/24/2024. Emailed notice |
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35
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2024-05-23 |
MOTION by Plaintiff Casio Computer Co., Ltd. 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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36
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2024-05-23 |
MEMORANDUM by Casio Computer Co., Ltd. in support of motion for default judgment, [35] |
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Exhibit 1 |
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Exhibit 2 |
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[+]
37
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2024-05-23 |
DECLARATION of Michael A. Hierl regarding motion for default judgment, [35] |
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Exhibit Hierl Exhibit 1 |
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38
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2024-05-23 |
STATUS Report by Casio Computer Co., Ltd. |
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39
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2024-05-24 |
FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 5/24/2024: In light of the absence of a timely response to the amended complaint, the motion for default judgment is granted. Statutory damages are awarded in the amount of fifty-thousand dollars ($50,000) against each Defendant. Given the willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/31/2024 is vacated. Civil case terminated. Emailed notice |
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40
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2024-05-24 |
ENTERED JUDGMENT on 5/24/2024. Emailed notice |
