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2023-cv-01820

Diggs v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2023-03-23
原告：Robert Diggs
代理律所：GBC
诉讼类型：商标
# Date Description
[+] 1 2023-03-23 COMPLAINT filed by Robert Diggs; Filing fee $ 402, receipt number AILNDC-20469778.
2 2023-03-23 SEALED EXHIBIT by Plaintiff Robert Diggs Schedule A regarding complaint[1]
3 2023-03-23 MOTION by Plaintiff Robert Diggs for leave to file under seal
4 2023-03-23 CIVIL Cover Sheet
5 2023-03-23 Notice of Claims Involving Trademarks by Robert Diggs
6 2023-03-23 ATTORNEY Appearance for Plaintiff Robert Diggs by Justin R. Gaudio
7 2023-03-23 ATTORNEY Appearance for Plaintiff Robert Diggs by Amy Crout Ziegler
8 2023-03-23 ATTORNEY Appearance for Plaintiff Robert Diggs by Justin Tyler Joseph
[+] 9 2023-03-23 ATTORNEY Appearance for Plaintiff Robert Diggs by Quinn Bradley Guillermo
[+] 10 2023-03-24 MAILED trademark report to Patent Trademark Office, Alexandria VA.
11 2023-03-24 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
12 2023-03-27 MOTION by Plaintiff Robert Diggs for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
13 2023-03-27 MEMORANDUM by Robert Diggs in support of motion for temporary restraining order[12]
[+] 14 2023-03-27 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]
[+] 15 2023-03-27 DECLARATION of Emily Holt regarding memorandum in support of motion[13]
16 2023-03-27 SEALED EXHIBIT by Plaintiff Robert Diggs Exhibit 2 - Parts 1 - 3 regarding declaration[15]
17 2023-03-27 MOTION by Plaintiff Robert Diggsfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
18 2023-03-27 MEMORANDUM by Robert Diggs in support of motion for miscellaneous relief[17]
[+] 19 2023-03-27 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]
20 2023-03-29 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions 12, 17, the supporting memorandum 13 and the temporary restraining order, plaintiff's motions for leave to file under seal 3 is granted. Plaintiff's motions (1) for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, 17, and (2) service of process by email and/or electronic publication, 12, 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, but at this preliminary stage, 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.
[+] 21 2023-03-29 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/29/2023:
22 2023-04-03 SURETY BOND in the amount of $10,000 posted by Robert Diggs (Document not scanned).
[+] 23 2023-04-07 MOTION by Plaintiff Robert Diggs for preliminary injunction as to Certain Defendants
[+] 24 2023-04-07 MEMORANDUM by Robert Diggs in support of motion for preliminary injunction 23
[+] 25 2023-04-07 SUMMONS Returned Executed by Robert Diggs as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/7/2023, answer due 4/28/2023.
26 2023-04-11 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff has filed a motion for preliminary injunction as to some, but not all, defendants 23. By 4:00 p.m. on 4/17/2023, plaintiff should file a brief (limited to 5 pages, excluding caption and signature block) addressing whether joinder of all defendants in a single case remains appropriate. The complaint alleged that "Ecommerce stores operating under the Seller Aliases share unique identifiers establishing a logical relationship between them and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." Complaint, 1, paragraph 3. However, the motion for a preliminary injunction as to only certain defendants raises the possibility that this case could effectively become multiple cases litigated on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, plaintiff's brief should address whether, under Fed. R. Civ. P. 20 and 21 (and any other relevant authority), one or more defendant(s) or set(s) of defendants should be severed into a separate case, in which plaintiff would pay the filing fee and then the case would proceed.
[+] 27 2023-04-17 MEMORANDUM by Robert Diggs Establishing that Joinder is Proper
28 2023-04-17 MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter
29 2023-04-17 SEALED EXHIBIT by Plaintiff Robert Diggs Amended Schedule A regarding MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter[28]
30 2023-04-19 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the plaintiff's memorandum on joinder [27]. Plaintiff maintains that joinder remains appropriate. However, even if joinder were proper under Rule 20(a)(2) (an issue the court does not reach at this time), "[i]t is within the district court's broad discretion whether to sever a claim under Rule 21." Rice v. Sunrise Express, Inc., 209 F.3d 1008, 1016 (7th Cir. 2000). At this time, the court will not sever any of the defendants into separate cases. If the case becomes unwieldy, the court will revisit the question of joinder.
31 2023-04-19 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to certain defendants [23]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [23] is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
32 2023-04-19 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/19/2023:
33 2023-04-19 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) [28] is granted. Plaintiff has filed an amended Schedule A on the docket [29]. Defendant No. 63 Pro Flag Depart (ENMOONVagairKasflag QiQ terminated.
[+] 34 2023-04-19 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 4/19/2023. Mailed notice
35 2023-05-01 MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter
36 2023-05-01 SEALED EXHIBIT by Plaintiff Robert Diggs Amended Schedule A regarding MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter[35]
[+] 37 2023-05-01 SUMMONS Returned Executed by Robert Diggs as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/1/2023, answer due 5/22/2023.
38 2023-05-02 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) 35 is granted. Plaintiff has filed an amended Schedule A on the docket 36. Defendant No. 4 Shenzhen Hengjinxing Trading Co., Ltd. terminated.
39 2023-05-24 MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter
40 2023-05-24 SEALED EXHIBIT by Plaintiff Robert Diggs Amended Schedule A regarding MOTION by Plaintiff Robert Diggs for leave to file an Amended Schedule A to the Complaint instanter [39]
[+] 41 2023-05-24 MOTION by Plaintiff Robert Diggs for entry of default, MOTION by Plaintiff Robert Diggs for default judgment as to all Defendants
[+] 42 2023-05-24 MEMORANDUM by Robert Diggs in support of motion for entry of default, motion for default judgment[41]
[+] 43 2023-05-24 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42]
44 2023-05-25 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 39 is granted. Plaintiff has already filed an amended Schedule A on the docket 40. Defendant No. 64 RiErMenDianZiGS terminated.
45 2023-05-25 MINUTE entry before the Honorable Martha M. Pacold: 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 6/1/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
46 2023-06-08 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 41. The motion 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 of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks 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 dollar ($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 th e Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 6/8/2023. Mailed notice
[+] 47 2023-06-08 DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 6/8/2023. Mailed notice