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2023-cv-04597

Pit Viper, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2023-07-17
原告:Pit Viper, LLC
代理律所:GBC
诉讼类型:商标
# Date Description
[+] 1 2023-07-17 COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-20835131.
2 2023-07-17 SEALED EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint[1]
3 2023-07-17 MOTION by Plaintiff Pit Viper, LLC for leave to file under seal
4 2023-07-17 CIVIL Cover Sheet
5 2023-07-17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC
6 2023-07-17 Notice of Claims Involving Trademarks by Pit Viper, LLC
7 2023-07-17 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio
8 2023-07-17 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler
9 2023-07-17 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Rachel S Miller
[+] 10 2023-07-17 ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami
13 2023-07-17 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert W. Gettleman for all further proceedings pursuant to local rule 28 USC 294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 7/17/23.
11 2023-07-18 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
12 2023-07-18 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
14 2023-07-19 MOTION by Plaintiff Pit Viper, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
15 2023-07-19 MEMORANDUM by Pit Viper, LLC in support of motion for temporary restraining order[14]
[+] 16 2023-07-19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]
[+] 17 2023-07-19 DECLARATION of Vance Lommen regarding memorandum in support of motion[15]
18 2023-07-19 SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1 - 9 regarding declaration[17]
19 2023-07-19 MOTION by Plaintiff Pit Viper, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
20 2023-07-19 MEMORANDUM by Pit Viper, LLC in support of motion for miscellaneous relief[19]
[+] 21 2023-07-19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]
22 2023-07-20 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's motion for leave to file under seal [3], motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [20], and Ex Parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14] are granted. Enter sealed order. Telephonic hearing set for 8/3/2023 at 9:20 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
[+] 23 2023-07-20 SEALED TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 7/20/2023. Mailed notice
24 2023-07-25 SURETY BOND in the amount of $ 10,000 posted by Pit Viper, LLC. (Document not imaged)
25 2023-07-31 MOTION by Plaintiff Pit Viper, LLC for extension of time of Temporary Restraining Order
[+] 26 2023-07-31 MEMORANDUM by Pit Viper, LLC in support of extension of time[25]
27 2023-08-01 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's ex parte motion to extend 25 the Temporary Restraining Order 23 to 8/17/2023 is granted. Enter order. Telephonic hearing set for 8/3/2023 is stricken and reset to 8/17/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
28 2023-08-01 EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable Robert W. Gettleman on 8/1/2023. Mailed notice
29 2023-08-10 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
[+] 30 2023-08-14 MOTION by Plaintiff Pit Viper, LLC for preliminary injunction, MOTION by Plaintiff Pit Viper, LLC for extension of time of Temporary Restraining Order
[+] 31 2023-08-14 MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction, extension of time[30]
[+] 32 2023-08-14 SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/14/2023, answer due 9/4/2023.
33 2023-08-17 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 8/17/2023. No defendant appeared on the hearing. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction and to extend the Temporary Restraining Order [30] is granted. The court directs the Clerk to unseal S Schedule A to the Complaint [2], Exhibit 2 to the Declaration of Vance Lommen [18], and the TRO [23]. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website at: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic hearing set for 10/19/2023 at 9:15 a.m. on the Webex platform. Parties will not be asked to start their video. Members of the public and media may listen to these proceedings by dialing (650) 479-3207 the meeting number, access code, or PIN/ID is 1809883385. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
34 2023-08-17 PRELIMINARY INJUNCTION ORDER signed by the Honorable Robert W. Gettleman on 8/17/2023. Mailed notice
[+] 35 2023-08-17 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
36 2023-08-25 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
37 2023-08-31 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
38 2023-09-06 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to a Certain Defendant
[+] 39 2023-09-06 MOTION by Plaintiff Pit Viper, LLC for entry of default, MOTION by Plaintiff Pit Viper, LLC for default judgment as to all Defendants
[+] 40 2023-09-06 MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment[39]
[+] 41 2023-09-06 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[40]
42 2023-09-07 ATTORNEY Appearance for Defendants bucket zakk, onlylove by Adam Edward Urbanczyk
43 2023-09-07 MOTION by Defendants bucket zakk, onlylove for extension of time
44 2023-09-08 MINUTE entry before the Honorable Robert W. Gettleman: Defendants bucket zakk and onlylove's motion for extension of time to 9/28/2023 to answer or otherwise plead [43] is granted. Mailed notice
45 2023-09-14 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
46 2023-09-21 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
47 2023-09-28 NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants
48 2023-10-19 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 10/19/2023. No defendants appeared on the hearing. For the reasons stated on the Plaintiff's motion for entry of default and default judgment as to all remaining defendants 39 is granted. Enter Judgment. Civil case terminated. Mailed notice
49 2023-10-19 FINAL JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 10/19/2023. Mailed notice
50 2024-03-28 ATTORNEY Appearance for Defendant Yetbincn by Enrique Perez
51 2024-03-28 MOTION by Defendant Yetbincn to vacate order[49] of default judgment
52 2024-03-28 MEMORANDUM motion to vacate[51] by Yetbincn
53 2024-03-28 DECLARATION of Wang Fei in support of Motion to Vacate Default Judgment
54 2024-03-28 DECLARATION of Enrique Perez regarding memorandum[52] in support of Motion to Vacate Default Judgment
55 2024-03-28 Exhibit 1 by Yetbincn to Perez Declaration
56 2024-03-28 Exhibit 2 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment
57 2024-03-28 Exhibit 3 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment
58 2024-03-28 Exhibit 4 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment
59 2024-03-28 Exhibit 5 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment
60 2024-03-28 Exhibit 6 in Perez Declaration by Yetbincn in support of Motion to Vacate Default Judgment
61 2024-03-29 MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s (identified as YETBINCN) Motion to Vacate the Default Judgment 51 : plaintiff's response due 4/19/2024; defendant's reply due 5/3/2024. The court will determine whether a hearing is necessary after all briefs are filed. Emailed notice
62 2024-04-12 MOTION by Plaintiff Pit Viper, LLC for extension of time to file response/reply as to motion to vacate 51 (unopposed)
63 2024-04-12 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's Unopposed Motion To Extend 62 The Briefing Schedule For Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s Motion To Vacate The Default Judgment 51 is granted. The briefing schedule on Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s (identified as YETBINCN) Motion to Vacate the Default Judgment 51 set on 3/29/2024 61 is modified as follows: plaintiff's response due 5/3/2024; defendant's reply due 5/17/2024. The court will determine whether a hearing is necessary after all briefs are filed. Emailed notice
[+] 64 2024-05-03 RESPONSE by Pit Viper, LLC to MOTION by Defendant Yetbincn to vacate order 49 of default judgment 51
65 2024-05-13 FULL SATISFACTION of Judgment regarding order[49] in the amount of $500,000 as to certain defendant
66 2024-05-17 MOTION by Defendant Yetbincn for extension of time to file response/reply as to response to motion, 64
67 2024-05-20 MINUTE entry before the Honorable Robert W. Gettleman: Defendant's Unopposed Motion To Extend to May 20, 2024, the Deadline To Submit A Reply Brief In Defendant's Motion To Vacate Default Judgment 66 is granted. The court will determine whether a hearing is necessary after all briefs are filed or issue its ruling on CM/ECF. Emailed notice
68 2024-05-20 REPLY by Yetbincn to response to motion, 64 to vacate the default judgment
69 2024-06-05 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing on the motion to Vacate the Default Judgment 51 set for 6/11/2024 at 10:30 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
70 2024-06-11 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic motion hearing held on 6/11/2024. For the reasons stated on the record, Defendant YETBINCN's motion to vacate the default judgment [51] is entered and continued. Telephonic status hearing continued to 7/23/2024 at 9:15 a.m. the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
71 2024-06-17 TRANSCRIPT OF PROCEEDINGS held on June 11, 2024 before the Honorable Robert W. Gettleman. Order Number: 49041. Court Reporter Contact Information: Nancy L. Bistany nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/8/2024. Redacted Transcript Deadline set for 7/18/2024. Release of Transcript Restriction set for 9/16/2024.
72 2024-07-23 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 7/23/2024. Defense counsel for Defendant Guangzhou Liangyan appeared. The parties were unable to resolve their dispute. For the reasons stated on the record, Defendant Guangzhou Liangyan E-Commerce Co., Ltd.'s Motion to vacate the Default Judgment [51] is denied as to the request to vacate the default judgment, however, the court reserves on the amount of default damages. Plaintiff is directed to re-serve discovery requests on the defendant. Defendant is directed to respond to the discovery requests by 8/23/2024. Defendant is directed to send his discovery responses to the Courtroom Deputy by 8/26/2024. Telephonic hearing set for 9/4/2024 at 10:00 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
73 2024-07-30 TRANSCRIPT OF PROCEEDINGS held on July 23, 2024 before the Honorable Robert W. Gettleman. Order Number: 49362. Court Reporter Contact Information: Nancy L. Bistany nancy_bistany@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/20/2024. Redacted Transcript Deadline set for 8/30/2024. Release of Transcript Restriction set for 10/28/2024.
74 2024-09-04 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic status heating held 9/4/2024. Plaintiffs shall file a brief for attorney's fees and damages by 9/24/2024, response due by 10/15/2024, reply due 10/24/2024. Telephonic status hearing is set for 11/19/2024 at 9:30 a.m. on the Webex platform. Parties will not be asked to start their video. Counsel of record and other essential case participants will receive an email prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice
75 2024-09-24 Memorandum Statement on Statutory Damages and in Support of an Award of Attorney Fees and Costs by Pit Viper, LLC
[+] 76 2024-09-24 DECLARATION of Rachel S. Miller regarding other[75]
77 2024-10-03 FULL SATISFACTION of Judgment regarding order[49] in the amount of $500,000 as to certain defendant
78 2024-10-10 FULL SATISFACTION of Judgment regarding order[49] in the amount of $500,000 as to certain defendant
79 2024-10-15 RESPONSE by Defendant Yetbincn to other[75] Plaintiff's Statement in Support of Statutory Damages and Attorney Fees
[+] 80 2024-10-15 DECLARATION of Enrique Perez regarding Response[79] to Plaintiff's Statement on Damages and Attorney Fees
81 2024-10-22 REPLY by Pit Viper, LLC to Response[79] and in support of [75]
82 2024-11-15 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing set for 11/19/2024 is stricken. The court will issue its ruling on CM/ECF. Emailed notice
83 2024-11-15 ORDER signed by the Honorable Robert W. Gettleman on 11/15/2024: For the set forth in the attached Order, the court awards Pit Viper statutory damages in the amount of $20,000; awards Pit Viper its costs; and denies Pit Viper its attorney fees. Emailed notice
84 2025-01-17 ATTORNEY Appearance for Defendants Yetbincn, Yetbincn by Baruch Simcha Gottesman