2021-cv-02362 AI分析
07/21/2021
MAILED SURETY BOND in the amount of $ 10,000.00 posted by Fitness Anywhere LLC. filed 5/11/2021, 24, ORDER, and the Final Judgment Order dated 7/21/2021 to Justin R. Gaudio, Greer, Burns & Crain, Ltd. by USPS Certified Mail; Article No. 7019 2280 0000 0962 8545. Modified on 7/21/2021. 翻译
07/21/2021
FINAL JUDGMENT ORDER signed by the Honorable Martha M. Pacold on 7/21/2021. Mailed notice 翻译
07/21/2021
ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 41. The motion 41 is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount specified in the written order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patent causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Justin R. Gaudio, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 7/21/2021. Mailed notice 翻译
07/06/2021
MINUTE entry before the Honorable Martha M. Pacold: Any defendnat Any defendant objecting to Plaintiff's motion for entry of default and default judgment 41 must enter an appearance and file a written objection by 7/13/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. 翻译
07/02/2021
NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for entry of default as to all DefendantsMOTION by Plaintiff Fitness Anywhere LLC for default judgment as to all Defendants 41 翻译
07/02/2021
MEMORANDUM by Fitness Anywhere LLC in support of motion for entry of default, motion for default judgment 41 翻译
附件：
1:Declaration of Justin R. Gaudio
2:Exhibit 1
07/02/2021
MOTION by Plaintiff Fitness Anywhere LLC for entry of default as to all Defendants, MOTION by Plaintiff Fitness Anywhere LLC for default judgment as to all Defendants 翻译
06/25/2021
ORDER: Defendants Sevendays-US at Line No. 5 and Rock deer at Line No. 7 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) 38 filed by Plaintiff on 6/25/2021. Signed by the Honorable Martha M. Pacold on 6/25/2021. Mailed notice 翻译
06/21/2021
NEW PARTIES: WonderCor eFitness Store, Shop900248459 Store, GUANNAI Store, Shop910333128 Store, Sevendays-US, ZGJJ, Rock deer, YangZhanHua, AA62X0GB5BG3Q, LARASTAR, cocopark800, home-life666, jewelry-base and softwind.orange added to case caption. 翻译
06/17/2021
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 6/17/2021. Mailed notice 翻译
06/17/2021
MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 30 is granted. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so are located on the court's website at www.ilnd.uscourts.gov/instructions. 翻译
06/02/2021
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction 30 under advisement and will consider the motion unopposed if no defendant appears and objects by 6/14/2021. 翻译
05/28/2021
SUMMONS Returned Executed by Fitness Anywhere LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/28/2021, answer due 6/18/2021. 翻译
附件：
1:Declaration of Jake M. Christensen
05/28/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
05/28/2021
NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for preliminary injunction 30 翻译
05/28/2021
MEMORANDUM by Fitness Anywhere LLC in support of motion for preliminary injunction 30 翻译
附件：
1:Declaration of Justin R. Gaudio
2:Exhibit 1
05/28/2021
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" 翻译
05/18/2021
EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/18/2021: 翻译
05/18/2021
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order until 6/3/2021 25 is granted. 翻译
05/17/2021
NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for extension of time of Temporary Restraining Order[25] 翻译
05/17/2021
MEMORANDUM by Fitness Anywhere LLC in support of extension of time[25] 翻译
附件：
1:Declaration of Justin R. Gaudio
05/17/2021
MOTION by Plaintiff Fitness Anywhere LLC for extension of time of Temporary Restraining Order 翻译
05/11/2021
SURETY BOND in the amount of $ 10,000.00 posted by Fitness Anywhere LLC. (Document not imaged) 翻译
05/06/2021
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/6/2021: (Main Document 23 replaced on 5/7/2021). (Main Document 23 replaced on 5/7/2021). 翻译
05/06/2021
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions 4, 10, 15, the supporting memoranda, 11, 16, and the temporary restraining order, Plaintiff's motions for leave to file under seal 4, for electronic service of process 15, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint and expedited discovery 10 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether Plaintiff genuinely intends to pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Enter Sealed Temporary Restraining Order. 翻译
05/04/2021
NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10], MOTION by Plaintiff Fitness Anywhere LLC for leave to file under seal[4], MOTION by Plaintiff Fitness Anywhere LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15] 翻译
05/04/2021
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] 翻译
附件：
1:Exhibit 1
2:Exhibit 2
05/04/2021
MOTION by Plaintiff Fitness Anywhere LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
05/04/2021
SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Exhibit 2 - Parts 1-2 regarding declaration[13] 翻译
05/04/2021
DECLARATION of Michael Zuercher regarding memorandum in support of motion[11] 翻译
附件：
1:Exhibit 1
05/04/2021
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[11] 翻译
附件：
1:Exhibit 1
2:Exhibit 2
05/04/2021
MEMORANDUM by Fitness Anywhere LLC in support of motion for temporary restraining order[10] 翻译
05/04/2021
MOTION by Plaintiff Fitness Anywhere LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
05/04/2021
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. 翻译
05/03/2021
COMPLAINT filed by Fitness Anywhere LLC; Filing fee $ 402, receipt number 0752-18200697. 翻译
附件：
1:Exhibit 2
2:Exhibit 3
3:Exhibit 4
4:Exhibit 5
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