2025-cv-09739 - 案件详情 - 61TRO案件查询网

最近更新:2025-11-14
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2025-cv-09739 AI分析

Those Characters From Cleveland, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期 - 61TRO案件查询网 日期:08/15/2025

法院 - 61TRO案件查询网 法院:伊利诺伊州北区法院

品牌 - 61TRO案件查询网 品牌: Care Bears 爱心熊

律所 - 61TRO案件查询网 律所: AGDG


11/12/2025

MOTION by Plaintiff Those Characters from Cleveland, LLC Plaintiff's Motion to Direct the Clerk of the Court to Issue a Summons 翻译

11/12/2025

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for reconsideration, 25, is granted. While a preferable means of service, the court is cognizant of the fact that physical service is not always possible. In this case, Plaintiff certifies that it has attempted, but has been unable, to obtain a physical address for defendant. In such a circumstance, a less preferable form of service is permissible. Service via email is "reasonably calculated" to be received by defendant, and it is thus adequate in this case. Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S 306, 319 (1950). What's more, service via email is not barred under Fed. R. Civ. P. 4. Thus, plaintiff may serve process via email. Plaintiff (and defendant if defendant has appeared) should file a status report by 12/11/2025. 翻译

10/28/2025

MOTION by Plaintiff Those Characters from Cleveland, LLC for reconsideration Plaintiff's Motion for Reconsideration of the Order of September 30, 2025 [Dkt. No. 24] 翻译


附件:
1:(Exhibit C)
2:Exhibit B
3:Exhibit A

09/30/2025

ORDER Signed by the Honorable Martha M. Pacold on 9/30/2025: 翻译

09/30/2025

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for expedited discovery, 21, is granted subject to conditions listed in the attached order. Plaintiff's motion for electronic service of process pursuant to Fed.R.Civ.P. 4(f)(3), 22, is denied for the reasons in the attached order. Enter Order. 翻译

09/26/2025

MOTION by Plaintiff Those Characters from Cleveland, LLC Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译

09/26/2025

MOTION by Plaintiff Those Characters from Cleveland, LLC to expedite Plaintiff's Motion for Expedited Discovery 翻译

09/26/2025

DECLARATION of Sean Gorman 翻译

09/22/2025

STATUS Report by Those Characters from Cleveland, LLC 翻译

09/22/2025

AMENDED complaint by Those Characters from Cleveland, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译


附件:
1:(Amended Schedule A)
2:Exhibit 1

09/15/2025

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended complaint 16 is granted. Fed. R. Civ. P. 15(a). Plaintiff should file by 9/22/2025 the amended complaint and a status report proposing next steps and including any request for a hearing. 翻译

09/03/2025

RESPONSE by Plaintiff Those Characters from Cleveland, LLC Memorandum in Response to Order of August 19, 2025 [Dkt. No. 14] 翻译

08/19/2025

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, 8, is denied. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. Id. at 1. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Plaintiff's motion for leave to file under seal, 8, is therefore denied. Plaintiff's sealed exhibit, 9, is stricken. If plaintiff wishes to proceed with this case, plaintiff must file an unredacted version of its exhibit publicly on the docket by 9/3/2025. 翻译

08/19/2025

MINUTE entry before the Honorable Martha M. Pacold: By 9/3/2025, plaintiff is ordered to show cause why this case should not be dismissed or severed for improper joinder. Plaintiff is advised of the following: First, "[o]n motion or on its own, the court may at any time, on just terms, add or drop a party." Fed. R. Civ. P. 21(a). Second, sua sponte review of the propriety of joinder in Schedule A cases is a regular practice of courts in this district because plaintiffs "routinely file these multi-defendant cases. using cookie-cutter complaints that allege in a conclusory manner that 'on information and belief' each infringing defendant is inter-connected with the others." Viking Arm AS v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 24-cv-1566, 2024 WL 2953105, at *1 (N.D. Ill. June 6, 2024). Third, "[c]ourts generally find that claims against different defendants arose out of the same transaction or occurrence only if there is a logical relationship between the separate causes of action." Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 334 F.R.D. 182, 185 (N.D. Ill. 2020) (citations and internal quotation marks omitted). Fourth, courts have held that "to be part of the same transaction requires shared, overlapping facts that give rise to each cause of action, and not just distinct, albeit coincidentally identical, facts." Id. (quoting In re EMC Corp., 677 F.3d 1351, 1359 (Fed. Cir. 2012)). Fifth, courts have held that the allegation that multiple defendants have infringed on the same copyright or trademark in the same way "does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." Roadget Bus. Pte. Ltd. v. Schedule A Defs., No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Finally, courts have held that the allegation that defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale," is not sufficient to establish joinder. Ilustrata Servicos Design, Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-05993, 2021 WL 5396690, at *2 (N.D. Ill. Nov. 18, 2021); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-06197, 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021). 翻译

08/18/2025

MAILED to plaintiff(s) counsel Lanham Mediation Program materials 翻译

08/18/2025

MAILED trademark report to Patent Trademark Office, Alexandria VA 翻译

08/15/2025

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

08/15/2025

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2). 翻译

08/15/2025

Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC 翻译

08/15/2025

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC 翻译

08/15/2025

SEALED DOCUMENT by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A 翻译

08/15/2025

MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal 翻译

08/15/2025

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Elizabeth Aubree Miller 翻译

08/15/2025

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by John Wilson 翻译

08/15/2025

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray 翻译

08/15/2025

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac 翻译

08/15/2025

ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl 翻译

08/15/2025

CIVIL Cover Sheet 翻译

08/15/2025

COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-23889222. 翻译


附件:
1:(Exhibit 2 Part 2)
2:Exhibit 2 Part 1
3:Exhibit 1

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