|
[+]
1
|
2024-10-16 |
COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-22612025. |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
|
Exhibit 3 |
|
|
(Exhibit 4) |
|
2
|
2024-10-16 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint 1 |
|
3
|
2024-10-16 |
MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal |
|
4
|
2024-10-16 |
CIVIL Cover Sheet |
|
5
|
2024-10-16 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc. |
|
6
|
2024-10-16 |
Notice of Claims Involving Trademarks by NBA Properties, Inc. |
|
7
|
2024-10-16 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio |
|
8
|
2024-10-16 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler |
|
9
|
2024-10-16 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin |
|
[+]
10
|
2024-10-16 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern |
|
|
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. |
|
11
|
2024-10-21 |
NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3] before Honorable Georgia N Alexakis on 10/24/2024 at 09:30 AM. |
|
12
|
2024-10-22 |
MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file under seal 3. Upon review of the complaint, however, the Court sua sponte raises the propriety of joining 186 defendants 2 in a single action involving approximately 80 trademark registrations 1. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 11/22/24, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff may also want to review this Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court also expressed its joinder-related concerns in cases of this size and type. In the alternative, plaintiff has leave to file an amended complaint by 11/22/24 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. No appearance is required on 10/24/24. |
|
[+]
13
|
2024-10-28 |
AMENDED complaint by NBA Properties, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
|
Exhibit 3 |
|
|
Exhibit 4 |
|
|
Exhibit 5 |
|
14
|
2024-10-28 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Amended Schedule A regarding amended complaint, [13] |
|
15
|
2024-10-28 |
MOTION by Plaintiff NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
|
16
|
2024-10-28 |
MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order[15] |
|
[+]
17
|
2024-10-28 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
|
Exhibit 3 |
|
|
Exhibit 4 |
|
18
|
2024-10-28 |
DECLARATION of Lindsay Conn regarding memorandum in support of motion[16] |
|
19
|
2024-10-28 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 - Part 1 regarding declaration[18] |
|
[+]
20
|
2024-10-28 |
DECLARATION of Ayala Deutsch regarding memorandum in support of motion[16] |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
21
|
2024-10-28 |
MOTION by Plaintiff NBA Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
|
22
|
2024-10-28 |
MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief[21] |
|
[+]
23
|
2024-10-28 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22] |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
24
|
2024-10-28 |
NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[21], motion for temporary restraining order[15] before Honorable Georgia N Alexakis on 10/31/2024 at 09:30 AM. |
|
25
|
2024-10-30 |
MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 15 is granted. Plaintiff's motion for electronic service of process 21 is also granted. No appearance is required on 10/31/24. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing it to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If defendants were to appear and object, the court will take a fresh look at the asset freeze and any questions concerning personal jurisdiction and electronic service of process. The Court finds that security in the amount of $1,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. |
|
26
|
2024-10-30 |
SEALED Temporary Restraining Order Signed by the Honorable Georgia N Alexakis on 10/30/24. |
|
[+]
27
|
2024-10-30 |
Registry Deposit Information Form by NBA Properties, Inc. |
|
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
|
|
BOND in the amount of $1,000.00 check, Receipt No. 100012806, posted by NBA Properties, Inc. |
|
[+]
28
|
2024-11-06 |
MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction |
|
|
Exhibit A |
|
[+]
29
|
2024-11-06 |
MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction[28] |
|
|
Declaration of Allyson M. Martin |
|
|
Exhibit 1 |
|
[+]
30
|
2024-11-06 |
NOTICE of Motion by Allyson M. Martin for presentment of motion for preliminary injunction[28] before Honorable Georgia N Alexakis on 11/12/2024 at 09:30 AM. |
|
|
Exhibit A |
|
[+]
31
|
2024-11-06 |
SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/6/2024, answer due 11/27/2024. |
|
|
Declaration of Kahlia R. Halpern |
|
|
Exhibit A |
|
32
|
2024-11-08 |
MINUTE entry before the Honorable Georgia N Alexakis: On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 28 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A to the Complaint 2 and Amended Complaint 14, Exhibit 1 to the Declaration of Lindsay Conn 19 and the TRO 26 be unsealed. The Clerk is directed to unseal those documents. Plaintiff is ordered to enter in CM/ECF no later than 11/12/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. No appearance is required on 11/12/24. |
|
[+]
33
|
2024-11-08 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Georgia N Alexakis on 11/8/24. |
|
|
NEW PARTIES: nian_7665 and The Individuals and Entities Operating nian_7665 added to case caption. |
|
[+]
34
|
2024-12-04 |
MOTION by Plaintiff NBA Properties, Inc. for entry of default as to all Defendants, MOTION by Plaintiff NBA Properties, Inc. for default judgment as to all Defendants |
|
|
(Exhibit A) |
|
[+]
35
|
2024-12-04 |
MEMORANDUM by NBA Properties, Inc. in support of motion for entry of default, motion for default judgment 34 |
|
|
(Exhibit 1) |
|
[+]
36
|
2024-12-04 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 35 |
|
|
(Exhibit 1) |
|
[+]
37
|
2024-12-04 |
NOTICE of Motion by Allyson M. Martin for presentment of motion for entry of default, motion for default judgment 34 before Honorable Georgia N Alexakis on 12/10/2024 at 09:30 AM. |
|
|
(Exhibit A) |
|
38
|
2024-12-09 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Trevor Christian Talhami |
|
39
|
2024-12-10 |
MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 12/10/24. For the reasons stated on the record, plaintiff's motion for default and default judgment 34 is granted in part and denied in part. Default is entered as to the defendant, but default judgment is denied. Plaintiff's renewed motion for default judgment is due by 12/24/24 and should be noticed up for presentment on 12/30/24. |
|
40
|
2024-12-13 |
TRANSCRIPT OF PROCEEDINGS held on December 10, 2024 before the Honorable Georgia N Alexakis. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC - jenny.uscra@yahoo.com. 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 1/3/2025. Redacted Transcript Deadline set for 1/13/2025. Release of Transcript Restriction set for 3/13/2025. |
|
[+]
41
|
2024-12-24 |
MOTION by Plaintiff NBA Properties, Inc. for default judgment as to all Defendants - Renewed |
|
|
Declaration of Kahlia R. Halpern |
|
|
(Exhibit 1) |
|
[+]
42
|
2024-12-24 |
NOTICE of Motion by Allyson M. Martin for presentment of motion for default judgment 41 before Honorable Georgia N Alexakis on 12/30/2024 at 09:30 AM. |
|
|
(Exhibit A) |
|
43
|
2024-12-27 |
MINUTE entry before the Honorable Georgia N Alexakis:No remaining Defendant has responded to Plaintiff's motion and renewed motion for entry of default judgment 34, 41. Accordingly, the renewed motion 41 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $25,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. |
|
44
|
2024-12-27 |
FINAL JUDGMENT ORDER Signed by the Honorable Georgia N Alexakis on 12/27/24. |
|
45
|
2024-12-27 |
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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
