2023-cv-02731 AI分析
06/15/2023
FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/15/2023. Emailed notice 翻译
06/15/2023
MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment 31 is granted in part. Judgment is entered in favor of the Plaintiff and against the Defendant in the amount of fifty-thousand dollars ($50,000). Permanent injunction entered in light of the finding of willfulness. The Clerk's Office shall unseal all filings. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/16/2023 is vacated. Civil case terminated. Emailed notice 翻译
06/06/2023
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 32 翻译
附件:
1:(Exhibit 1)
06/06/2023
MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment 31 翻译
附件:
1:(Exhibit 1)
06/06/2023
MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants 翻译
附件:
1:(Exhibit A)
05/18/2023
PRELIMINAY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/18/2023. Emailed notice 翻译
05/18/2023
MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction 26 is granted. Given the answer deadline of 06/02/2023, the tracking status hearing of 05/19/2023 for Judge Chang is reset to 06/16/2023 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 status report by 06/08/2023. If the Defendants have not answered by the answer deadline, then they shall be deemed in default and the Plaintiff shall file a default-judgment motion by 06/08/2023. Emailed notice 翻译
05/12/2023
SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/12/2023, answer due 6/2/2023. 翻译
附件:
1:Declaration of Marcella D. Slay
2:Exhibit A
05/12/2023
MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[26] 翻译
附件:
1:Declaration of Jake M. Christensen
2:Exhibit 1
05/05/2023
(PUBLIC VERSION) - SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/05/2023. Emailed notice 翻译
05/12/2023
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
05/05/2023
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 5/5/2023. Mailed notice 翻译
05/05/2023
MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [14] 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 Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 05/010/2023, 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 [19] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 05/19/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/12/2023. Mailed notice 翻译
05/04/2023
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] 翻译
附件:
1:Exhibit 1
2:Exhibit 2
05/04/2023
MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
05/04/2023
DECLARATION of Joe Pallett regarding memorandum in support of motion[15] 翻译
附件:
1:Exhibit 1
2:Exhibit 2
05/04/2023
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] 翻译
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
05/04/2023
MOTION by Plaintiff Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
05/02/2023
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. 翻译
05/02/2023
SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint 12 翻译
05/02/2023
AMENDED complaint by Nike, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
05/02/2023
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. 翻译
05/01/2023
COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20593723. 翻译
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
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