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1
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2023-10-23 |
COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 402, receipt number AILNDC-21248884. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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2
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2023-10-23 |
SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint[1] |
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3
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2023-10-23 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal |
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4
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2023-10-23 |
CIVIL Cover Sheet |
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5
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2023-10-23 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc. |
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6
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2023-10-23 |
Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc. |
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7
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2023-10-23 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio |
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8
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2023-10-23 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler |
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9
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2023-10-23 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin Tyler Joseph |
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10
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2023-10-23 |
ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami |
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CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). |
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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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11
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2023-10-25 |
AMENDED complaint by Toyota Motor Sales, U.S.A., Inc. against Zaixjjj and the Individuals and Entities Operating Zaixjjj and terminating The Partnerships and Unincorporated Associations Identified on Schedule A |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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12
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2023-10-25 |
EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding amended complaint, 11 |
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13
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2023-10-25 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for discovery Expedited |
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14
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2023-10-25 |
MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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15
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2023-10-25 |
MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 14 |
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16
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2023-10-25 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 |
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Exhibit 1 |
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(Exhibit 2) |
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17
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2023-10-25 |
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file under seal 3 is granted for the reasons stated in the motion. |
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18
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2023-11-07 |
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for expedited discovery 13 is granted to allow Plaintiff to identify Defendant and learn Defendant's contact information, including all associated e-mail addresses. Plaintiff's motion for electronic service of process 14 is granted because 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 Defendant. See, e.g., Oakley, Inc. v. Partnerships & Unincorporated Associations Identified in Schedule "A", No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021). Enter Order. |
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19
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2023-11-07 |
ORDER : THIS CAUSE being before the Court on Plaintiff Toyota Motor Sales U.S.A., Inc.'s ("Plaintiff") Motion for Expedited Discovery and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (the "Motions") against the fully interactive, e-commerce store operating under the seller alias Zaixjjj identified in Schedule A to the Amended Complaint (the "Seller Alias"), and this Court having considered the evidence before it hereby GRANTS Plaintiff's Motions in their entirety. Accordingly, this Court orders that: 1.Upon Plaintiff's request, any third party with actual notice of this Order who is providing services for any of the Defendants, or in connection with the Online Marketplace, including, without limitation, any online marketplace platforms such as eBay, Inc. ("eBay"), AliExpress, Alibaba Group Holding Ltd. ("Alibaba"), Amazon.com, Inc. ("Amazon"), ContextLogic Inc. d/b/a Wish.com ("Wish.com"), Walmart, Inc. ("Walmart"), Etsy, Inc. ("Etsy"), DHgate, and WhaleCo, Inc. ("Temu") (collectively, the "Third Party Providers") shall, within seven (7) calendar days after receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control relating to: Signed by the Honorable Nancy L. Maldonado on 11/7/2023. [For further details see order]. |
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SUMMONS Issued as to Defendant Zaixjjj and the Individuals and Entities Operating Zaixjjj |
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20
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2023-11-27 |
SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to Zaixjjj and the Individuals and Entities Operating Zaixjjj on 11/27/2023, answer due 12/18/2023. |
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Declaration of Trevor C. Talhami |
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(Exhibit A) |
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21
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2023-12-28 |
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 12/28/2023: Mailed notice. |
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22
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2024-01-10 |
MINUTE entry before the Honorable Nancy L. Maldonado:On 11/7/2023 the Court granted Plaintiff's request for expedited discovery and electronic service of process 19, and the docket indicates the complaint and summons were served on 11/27/2023, but as of the date of this order, there have been no further filings from Plaintiff on the docket nor any appearance by a defendant. By 1/24/2024, Plaintiff shall file a status report to update the Court on whether it anticipates filing a motion for TRO, or for entry of default, or how it otherwise intends to proceed with the case. |
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23
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2024-01-24 |
NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to Defendant Zaixjjj |
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24
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2024-01-24 |
MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendant No. 1 Zaixjjj is dismissed without prejudice. Civil case terminated. |
