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[+]
1
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2022-08-30 |
COMPLAINT filed by Florida State University, Florida State University Board of Trustees; Filing fee $ 402, receipt number AILNDC-19793661. |
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Exhibit Ex. 1 - FSU Trademarks |
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(Supplement Provisionally Filed Under Seal - Schedule A Slipsheet) |
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2
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2022-08-30 |
CIVIL Cover Sheet |
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3
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2022-08-30 |
ATTORNEY Appearance for Plaintiffs Florida State University, Florida State University Board of Trustees by David Edward Hutchinson |
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4
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2022-08-30 |
SCHEDULE A by Plaintiffs Florida State University, Florida State University Board of Trustees Schedule A to Complaint regarding complaint, 1 Modified on 12/6/2022. |
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5
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2022-08-30 |
MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for disclosure Plaintiffs' Corporate Disclosure Statement and Notification as to Affiliates Pursuant to Fed. R. Civ. P. 7.1 and Local Rule 3.2 |
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[+]
6
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2022-08-30 |
CLAIM by Florida State University, Florida State University Board of Trustees regarding INVOLVING TRADEMARKS |
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(Supplement AO120 Trademark Form) |
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[+]
9
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2022-08-30 |
MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for leave to file excess pages |
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Exhibit Ex. A. FSU Memorandum in support of TRO |
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Declaration Attorney Declaration (David E. Hutchinson) |
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Exhibit Ex. 1 to Attorney Declaration |
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Exhibit Ex. 2 to Attorney Declaration |
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Exhibit Ex. 3 to Attorney Declaration |
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Exhibit Ex. 4 to Attorney Declaration |
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Exhibit Ex. 5 to Attorney Declaration |
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Exhibit Ex. 6 to Attorney Declaration |
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Declaration Declaration of Katie Pugh (Client) |
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(Exhibit Ex. 1 to Declaration of Katie Pugh (FSU Trademarks)) |
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[+]
10
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2022-08-30 |
EXHIBIT 2 by Plaintiffs Florida State University, Florida State University Board of Trustees to Katie Pugh Declaration Modified on 12/6/2022. |
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Exhibit Ex 2. (2 of 24) to Katie Pugh Declaration |
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Exhibit Ex. 2 (3 of 24) |
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Exhibit Ex. 2 (4 of 24) |
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Exhibit Ex. 2 (5 of 24) |
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Exhibit Ex. 2 (6 of 24) |
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Exhibit Ex. 2 (7 of 24) |
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Exhibit Ex 2 (8 of 24) |
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Exhibit Ex. 2 (9 of 24) |
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Exhibit Ex. 2 (10 of 24) |
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Exhibit Ex. 2 (11 of 24) |
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Exhibit Ex. 2 (12 of 24) |
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Exhibit Ex. 2 (13 of 24) |
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Exhibit Ex. 2 (14 of 24) |
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Exhibit Ex. 2 (15 of 24) |
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Exhibit Ex. 2 (16 of 24) |
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Exhibit Ex. 2 (17 of 24) |
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Exhibit Ex. 2 (18 of 24) |
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Exhibit Ex. 2 (19 of 24) |
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Exhibit Ex. 2 (20 of 24) |
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Exhibit Ex. 2 (21 of 24) |
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Exhibit Ex. 2 (22 of 24) |
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Exhibit Ex. 2 (23 of 24) |
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(Exhibit Ex 2 (24 of 24)) |
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11
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2022-08-30 |
ATTORNEY Appearance for Plaintiffs Florida State University, Florida State University Board of Trustees by Christopher M. Tom |
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[+]
12
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2022-08-30 |
ATTORNEY Appearance for Plaintiffs Florida State University, Florida State University Board of Trustees by Nathan Daniel Monroe-yavneh |
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. |
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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. |
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13
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2022-08-31 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
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14
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2022-08-31 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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15
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2022-09-01 |
Notice of Motion for presentment of Ex Parte Motion for Leave to File Under Seal 7, Ex Parte motion for Entry of a Temporary Restraining order, including a Temporary Transfer of the Defendant Internet Stores, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 8, and Motion to Exceed Page Limitation in their Memorandum in Support of Plaintiffs' Motion for a Temporary Restraining Order 9 NOTICE of Motion by David Edward Hutchinson for presentment of motion for leave to file excess pages, 9 before Honorable John F. Kness on 9/6/2022 at 09:30 AM. |
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16
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2022-09-02 |
MINUTE entry before the Honorable John F. Kness: The notice of motion 15 is stricken. Counsel is directed to review the Court's motions policy. There will be no hearing on 9/6/2022. Mailed notice |
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17
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2022-09-15 |
CERTIFICATE of Service of Mediation Program Documents by David Edward Hutchinson on behalf of Florida State University, Florida State University Board of Trustees regarding lanham notification 14 |
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18
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2022-10-17 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 7, ex parte motion for a temporary restraining order 8, and motion for leave to file excess pages 9 are granted in part. Plaintiff's submissions (including the Declaration of Katie Pugh (see Dkt. 9)) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 4, 7, 8, and 10. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
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19
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2022-10-17 |
TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 10/17/2022. Modified on 12/6/2022. |
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[+]
20
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2022-10-20 |
NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendants No. 66, 67, and 101. |
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BOND in the amount of $ 10,000.00 company check, Receipt No. 4624278107, posted by Florida State University, Florida State University Board of Trustees. |
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[+]
21
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2022-10-21 |
Registry Deposit Information Form by Florida State University, Florida State University Board of Trustees $10,000 Deposit. |
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BOND in the amount of $ 10,000.00 company check, Receipt No. 4624278107, posted by Florida State University, Florida State University Board of Trustees. |
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[+]
22
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2022-10-25 |
NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendant No. 54 (virventurein). |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A of the Complaint |
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24
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2022-10-31 |
MINUTE entry before the Honorable John F. Kness: Plaintiffs' Motion to extend 23 is granted. Enter separate order. Mailed notice |
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25
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2022-10-31 |
ORDER extending temporary restraining order signed by the Honorable John F. Kness on 10/31/2022. Mailed notice Modified on 12/6/2022. |
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26
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2022-11-09 |
SUMMONS Returned Executed by Florida State University, Florida State University Board of Trustees as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A of the Complaint on 11/9/2022, answer due 11/30/2022. |
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[+]
27
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2022-11-09 |
MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for preliminary injunction |
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Supplement Memo in support of Motion for Preliminary Injunction |
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(Declaration David E. Hutchinson Declaration in support of Motion for Preliminary Injunction) |
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28
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2022-11-11 |
NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendant No. 45, 46, and 48. |
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29
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2022-11-22 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 27 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 11/29/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
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30
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2022-11-22 |
CERTIFICATE of Service of the Court's Statement by David Edward Hutchinson on behalf of Florida State University, Florida State University Board of Trustees regarding terminate deadlines and hearings, set motion and R&R deadlines/hearings, 29 |
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31
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2022-11-30 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 27 is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 26 30 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided 29 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice |
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32
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2022-11-30 |
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 11/30/2022. Mailed notice |
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[+]
33
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2022-12-01 |
Joint Motion for Entry of Asset Restraint Order by Florida State University, Florida State University Board of Trustees |
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NEW PARTIES: Shenzhen Hengjinxing Trading Co., Ltd. (1), Wuxi Fun Toy Company Limited (2), Wuxi Sweet Import And Export Co., Ltd. (3), Yiwu Jing Lan Art & Crafts Co., Ltd. (4), Yiwu Ouyinghua Crafts Co., Ltd. (5), AK-2 Store (6), BLKUOPAR 7 Store (7), EuropeanUnion Store (8), fdszy buibui life Store (9), hai xin Store (10), heng da Store (11), hsuaxing Store (12), Lucky Friday Store (13), Make wood Store (14), NeonSigns Store (15), Personalized mobile phone case Store (16), Rooster Light Sign Pro Store (17), Shop1100087222 Store (18), Shop1100177368 Store (19), Shop1100346884 Store (20), Shop1100352527 Store (21), Shop1100390925 Store (22), Shop1102057996 Store (23), Shop1102060450 Store (24), Shop1102060481 Store (25), Shop1102080463 Store (26), Shop1102160612 Store (27), Shop1102174633 Store (28), Shop1102199096 Store (29), Shop911943475 Store (30), Speeding Life1988 Store (31), XT05 Store (32), YJZT 3 Store (33), YUNSSS (34), NCAA Store (35), advsign (36), chong229 (37), chong998 (38), dual (39), jame jersey store (40), James Jersey Store (41), jewelry_custom (42), kjerseys (43), b.e.s_seddas (44), e_cell (45), ecell_accessorize (46), footballhockey_jersey (47), head_case_designs (48), j.s_seddas (49), manomerch (50), posterseurope2020 (51), sabosnowflower (52), tillman-lcz (53), virventurein (54), Daniel St Jean (55), TheHankShops (56), FSUNewSeason.com (57), N-teeshirt (58), Seminoles Store Online (59), MORCHAN Family (60), RovKeav (61), shanghaiaoweigongyingliankejiyouxiangongsi (62), AAdevincol (63), BCoralL (64), BLesley (65), BPeterH (66), BTinaLy (67), chaotianpeng91303 (68), chengqin63092 (69), Chenlili789 (70), chenmo92318826 (71), chenyajie79260 (72_, Cholamailis (73), dlwjdwk49 (74), eduardkvmdr6af (75), heiowhgoisdjaifhjdhagzfuidhsahfdsnvupoagifads (76), heqiubo (77), houxianmeng33726 (78), huangmeiqin3627 (79), huangzhiqiang66058 (80), huanping15804 (81), jiazihan3 (82), kongfanli48618 (83), laci postell (84), lichuang39796 (85), lijiang65401 (86), linlinying99 (87), LIUBETY (88), liusanyuan1197 (89), liushuo39497 (90), liuwenqian66058 (91), liuzuopeng18013 (92), liyapeng1234 (93), lizixuan1394 (94), luyanying136 (95), lvlin1211 (96), mengkecen70328 (97), muzhaobin5236 (98), Nikki Phillips (99), parmacist (100), topiukwely (101), wanglei Store (102), wangshuang794684 (103), wangxianghui39773 (104), wuxingchi15114 (105), wuyong2367 (106), xuedandan2049 (107), yangmingchuan92482949 (108), yangqian1234 (109), yangqingsong93041 (110), yangshupei36285 (111), zhanghongyu63624 (112), zhanghui Store me0071 (113), zhangjingying0667 (114), zhangruilan568 (115), zhaohe4824 (116) and zhaoxueqi1874 (117) added to case caption. |
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34
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2022-12-05 |
NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendant No. 47 (footballhockey_jersey). |
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35
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2022-12-05 |
NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendant No. 52 (sabosnowflower). |
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36
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2022-12-12 |
NOTICE of Voluntary Dismissal by Florida State University, Florida State University Board of Trustees of Defendant No. 53 (tillman-lcz). |
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[+]
37
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2022-12-16 |
MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for entry of default, MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for default judgment as to |
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Supplement Memo in Support of Default |
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Declaration Declaration of David E. Hutchinson in support of Default |
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Exhibit Ex. A. - Summons Service |
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Exhibit Ex. B - Case Website |
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Exhibit Ex. C - First Amended Schedule A |
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(Exhibit Ex. D - Iron Maiden Default Judgment) |
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38
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2022-12-22 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 37 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 12/29/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants on or before 12/23/2022 and must file proof of service immediately thereafter. Mailed notice |
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39
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2022-12-22 |
CERTIFICATE of Service by Plaintiffs Florida State University, Florida State University Board of Trustees regarding text entry, 38 Certificate of Service of the Court's Minute Order (ECF 38). |
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40
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2022-12-28 |
ATTORNEY Appearance for Defendants MORCHAN Family (60), RovKeav (61) by Ruoting Men |
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41
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2022-12-28 |
MOTION by Defendants MORCHAN Family (60), RovKeav (61) for extension of time First Unopposed, Extend to Jan 18, 2023 |
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42
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2022-12-29 |
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. |
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43
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2022-12-30 |
MINUTE entry before the Honorable John F. Kness: The motion 41 by Defendants MORCHAN Family (60), RovKeav (61) for an extension of time to respond to the Complaint 1 is denied without prejudice. In support of their motion, Defendants cite both the "good cause" and "excusable neglect" standards of Rule 6 of the Federal Rules of Civil Procedure. Leaving aside that those two standards are not necessarily fungible, see Bowman v. Korte, 962 F.3d 995, 998 (7th Cir. 2020), Defendants ignore that the Court has already entered a finding of default (not default judgment) under Rule 55(a). See Dkt. 38. This means that Defendants need to address the "good cause" standard under Rule 55(c) for vacating a default, not the standards under Rule 6. See also Cracco v. Vitran Exp., Inc., 559 F.3d 625, 630-31 (7th Cir. 2009) (party seeking to vacate entry of default must show good cause for the default, quick action to correct the default, and a meritorious defense to the complaint). Although the Court could deny Defendants' motion without leave to try again, the Court will afford them (and their counsel) an opportunity to seek vacatur of the default under the correct standard. Any renewed motion to vacate default must be filed on or before 1/5/2023. No extensions of this deadline will be granted. Mailed notice (smm,) |
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44
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2023-01-11 |
ORDER signed by the Honorable John F. Kness on 1/11/2023: Plaintiff's motion for entry ofdefault judgment [37] is granted. Enter Final Judgment Order. Any pending motions are dismissed as moot. Civil case terminated. Mailed notice |
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45
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2023-01-11 |
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 1/11/2023. Mailed notice |
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46
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2023-01-12 |
MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees to approve consent judgment Agreed Motion for Entry of Consent Judgment. |
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47
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2023-01-17 |
MAILED trademark report and certified copies of orders dated 1/11/2023 to Patent Trademark Office, Alexandria VA |
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48
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2023-01-19 |
MINUTE entry before the Honorable John F. Kness: Agreed Motion for entry of consent judgment 46 is granted. Enter separate order. Mailed notice |
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49
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2023-01-19 |
CONSENT JUDGMENT signed by the Honorable John F. Kness on 1/19/2023. Mailed notice |
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[+]
50
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2023-07-06 |
MOTION by Plaintiffs Florida State University, Florida State University Board of Trustees for settlement Notice of Settlement and Request for Entry of Disbursement Order Releasing Bond. |
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(Text of Proposed Order Proposed Disbursement Order) |
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51
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2024-02-20 |
MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion [50] seeking entry of a bond-related disbursement order is granted. Enter separate order releasing bond. Mailed notice. |
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52
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2024-02-20 |
DISBURSEMENT ORDER signed by the Honorable John F. Kness on 2/20/2024. Mailed notice. |
