2024-cv-02457 AI分析
06/21/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Notice of Dismissal 22, this action is being dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. Mailed notice.
06/20/2024
NOTICE of Voluntary Dismissal by ODESZA LLC
06/12/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff filed this trademark infringement complaint 7 on 3/26/24 against two Internet webstores listed on Amended Schedule A 10. Plaintiff represented that an ex parte motion for a temporary restraining order would be sought, but none was filed. The Court therefore entered an initial scheduling order 12 on 5/15/24 requiring the parties to file a joint status report by 6/11/24 and setting a telephonic status hearing for 6/18/24 at 9:30AM. Plaintiff did not file the required status report; instead, it filed an ex parte motion for temporary restraining order 13 and motion for electronic service of process 17. Both motions 13 and 17 are denied. First, Plaintiff has not satisfied the requirements of Fed. R. Civ. P. 65(b) for issuing a temporary restraining order without notice. This case has been pending for over two months with no attempts by Plaintiff to enforce its rights. Plaintiff has not shown that irreparable harm will result if the defendant webstores are notified of this proceeding and given an opportunity to respond. Second, and more importantly, the defendant webstores list business addresses in Florida and Virginia, respectively. While Plaintiff speculates that the U.S. based addresses may be fake, it offers no support for that contention. Absent an attempt to serve these defendants, Plaintiff has not undertaken the necessary due diligence to support allowing alternative service. Because there appears to be no reason to continue to conceal Defendants' identities here, the Clerk is directed to unseal the documents filed at [7-2], 10, and 16, forthwith. Finally, Plaintiff improperly noticed these motions for a telephone hearing on 6/18/24, even though counsel is aware that all motions must be noticed for in-person presentment before Judge Hunt. The notice of presentment on 6/18/24 20 is stricken. The 6/18/24 telephonic status hearing is also stricken and reset to an in-person status hearing on 6/25/24 at 10:00AM in Courtroom 1425. By 6/20/24, Plaintiff is ordered to file a status report indicating what efforts, if any, have been made to effectuate service on defendants prior to expiration of the service deadline under Fed. R. Civ. P. 4(m). Failure to file the joint status report and appear at the hearing may result in dismissal of this case for want of prosecution. Mailed notice.
06/11/2024
MOTION by Plaintiff ODESZA LLC for Electronic Service of Process
06/11/2024
MOTION by Plaintiff ODESZA LLC for temporary restraining order
05/15/2024
MINUTE entry before the Honorable LaShonda A. Hunt: This case has been assigned to the calendar of Judge LaShonda A. Hunt. The parties are ordered to file a Joint Initial Status Report for New Case by 6/11/24. A template for the report can be found on Judge Hunt's webpage under "Initial Status Conference and Status Report." A telephonic initial status hearing is set for 6/18/24 at 9:30AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Mailed notice
03/28/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file certain documents under seal and temporarily proceed under a pseudonym 5 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff anticipates filing an ex parte TRO motion upon entry of this order and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Thus, the request to seal Plaintiff's unredacted complaint 7 (which, unlike the redacted complaint 1, complies with FRCP 10(a) by "nam[ing] all the parties" including Plaintiff) and the document containing Plaintiff's intellectual property registrations 9 is denied. Conversely, subject to unsealing at an appropriate time, Plaintiff may file under seal any declarations in support of its ex parte TRO motion that identify defendants, but the motion and any supporting brief must be public. The Clerk's Office is directed, forthwith, to (1) update the docket to reflect that the Plaintiff's name is "ODESZA LLC"; and (2) unseal the following filings: 7, [7-1], 8, and 9. The documents filed at [7-2], 10 shall remain under seal pending further order of the Court. Emailed notice.
03/26/2024
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.
03/26/2024
CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2).
03/26/2024
SEALED DOCUMENT by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks
03/26/2024
SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates
03/26/2024
SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint
附件：
1:Exhibit 1
2:(Exhibit 2 - Schedule A)
03/26/2024
MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
附件：
1:Declaration of Ann Marie Sullivan
2:Declaration of Sandy Zhuang
3:Exhibit 1
4:Exhibit 2
5:(Exhibit 3)
03/26/2024
MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
03/26/2024
ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
03/26/2024
ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter
03/26/2024
CIVIL Cover Sheet
03/26/2024
COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21786845.
附件：
1:Exhibit 1
2:(Exhibit 2 - Schedule A)
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