2020-cv-03472 AI分析
10/09/2020
SURETY BOND in the amount of $10,000.00 posted by Akamatsu Takayoshi. (Document not scanned) 翻译
09/28/2020
MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal [49], under Federal Rule of Civil Procedure 41(a)(1)(A)(i), and to avoid unnecessary status hearings and to provide time to effectuate the agreements, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 11/09/2020. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Status hearing of 10/02/2020 is vacated. Civil case terminated. Emailed notice 翻译
09/24/2020
MOTION by Plaintiff Akamatsu Takayoshi to dismiss Plaintiff's Motion to Dismiss Remaining Defendants 翻译
09/16/2020
MINUTE entry before the Honorable Edmond E. Chang: Counsel for Plaintiff emailed the courtroom deputy to request a one week extension of time to file its motion for default as counsels' firm's network was down and were unable to access their files. Plaintiff's request is granted to 09/24/2020. The status hearing of 09/25/2020 is reset to 10/02/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice 翻译
09/11/2020
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's extension motion to file for default judgment [46] is granted to 09/17/2020. The status hearing of 09/18/2020 is reset to 09/25/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called).Emailed notice 翻译
09/10/2020
MOTION by Plaintiff John Doe for extension of time to file a motion for entry of default and default judgment 翻译
08/12/2020
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/12/2020. Emailed notice 翻译
08/12/2020
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion for preliminary injunction [41] is granted in large part (the only exception is the expansion of the deadlines by which non-parties must take various steps). The facts that justified the issuance of the TRO still apply. The status hearing of 08/14/2020 is reset to 09/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, by 09/10/2020, the Plaintiff shall file a motion for default judgment in a sum certain against any Defendants that are in default, and otherwise file a status report on non-defaulted Defendants. Emailed notice 翻译
08/06/2020
MEMORANDUM by John Doe in support of motion for preliminary injunction[41] Memorandum of Law in Support of Plaintiff's Motion for Entry of a Preliminary Injunction 翻译
08/06/2020
MOTION by Plaintiff John Doe for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 翻译
07/27/2020
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion to extend the TRO [39] is granted through 08/12/2020, in light of the same circumstances that justifies issuance of the initial TRO and the need to effectuate the initial TRO without notifying the Defendants. On joinder, the similarity in the six Defendants' names, photos, and wording of the product descriptions justify the joinder in this case. The status hearing of 07/31/2020 is reset to 08/14/2020 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 motion for preliminary injunction by 08/07/2020. Emailed notice 翻译
07/24/2020
MOTION by Plaintiff John Doe for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order and Memorandum in Support of Joinder 翻译
07/15/2020
REDACTED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/15/2020. Emailed notice 翻译
07/15/2020
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/15/2020. Emailed notice 翻译
07/15/2020
MINUTE entry before the Honorable Edmond E. Chang: On review of the TRO filings and the Second Amended Complaint, Plaintiff's motion for temporary restraining order 11, expedited discovery, and electronic service is granted in large part (a few of the turn-around times for non-parties are lengthened). 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), 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, 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 Defendants, who likely would seek to transfer the money elsewhere. Plaintiff's motion 7 for leave to file under seal and motion 10 for extra pages are granted. By 07/22/2020, Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Schedule A, and for now redacting Plaintiff's name). Status hearing of 07/24/2020 is reset to 07/31/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, Plaintiff shall the TRO extension motion (or a preliminary injunction motion) on 07/24/2020. In the extension motion, Plaintiff shall explain how this set of Defendants meets the joinder requirement. Emailed notice 翻译
07/13/2020
Plaintiff's Second Amended Complaint AMENDED complaint by John Doe against 50. AMGfun Store, 51. BlueTenma FashionToy Store, 52. Amandafunnyzone Store, 53. BlueTenma CartoonToy Store, 61. BlueTenma SuperModel Store, 67. Funny Romper Store 翻译
附件:
1:Exhibit Group Exhibit 1
2:Exhibit 2
3:Amended Schedule A
07/10/2020
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket) 翻译
07/02/2020
MINUTE entry before the Honorable Edmond E. Chang: This case was filed against 256 defendants for infringing the same set of trademarks. But joinder as to all of those defendants is not proper when measured against the standard set in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). On review of the exhibits, it does not appear that Plaintiff picked Defendants for joinder based on that standard. Plaintiff shall file an amended complaint by 07/13/2020, to comply with the opinion. If properly narrowed, then there will be no need to refile the other pending motions; the Court will construe those as targeting the remaining defendant (or defendants). To track the filing of the amended complaint, a status hearing is set for 07/24/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice 翻译
06/15/2020
SEALED DOCUMENT by Plaintiff John Doe Memorandum in Support of Plaintiff's of Motion for a Temporary Restraining Order 翻译
附件:
1:Declaration Takayoshi Declaration
2:Exhibit 1-3
3:Declaration Hierl Declaration
4:Exhibit Hierl Exhibit 1
5:Exhibit Hierl Exhibit 2
6:Exhibit Hierl Exhibit 3
06/15/2020
SEALED MOTION by Plaintiff John Doe Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication, MOTION by Plaintiff John Doe for temporary restraining order 翻译
06/15/2020
SEALED MOTION by Plaintiff John Doe Plaintiff's Motion to Exceed Page Limitation, MOTION by Plaintiff John Doe for leave to file excess pages 翻译
06/15/2020
SEALED DOCUMENT by Plaintiff John Doe Amended Complaint 翻译
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit Schedule A
06/15/2020
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. 翻译
06/15/2020
MOTION by Plaintiff John Doe to seal document Plaintiff's Motion for Leave to File Under Seal 翻译
06/15/2020
COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 400, receipt number 0752-17106867. 翻译
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