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1
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2024-12-10 |
COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-22821051. |
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Exhibit 1 |
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2
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2024-12-10 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint[1] |
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3
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2024-12-10 |
MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal |
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4
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2024-12-10 |
CIVIL Cover Sheet |
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5
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2024-12-10 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc. |
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6
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2024-12-10 |
Notice of Claims Involving Trademarks by NBA Properties, Inc. |
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7
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2024-12-10 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio |
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8
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2024-12-10 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler |
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9
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2024-12-10 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin |
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[+]
10
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2024-12-10 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern |
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CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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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2024-12-13 |
MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal [3] is granted. Plaintiff is asked to file an Initial Status Report by 12/30/24 consistent with the criteria listed on Judge Perry's website at www.ilnd.uscourts.gov. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 152 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). The Seventh Circuit has found it "appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases." Id. at 186 (discussing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)). The necessity of sua sponte evaluation intensifies "when it would take enormous time and effort to check the evidence such as screenshots of dozens and dozens of defendants' online stores amassed into a single case absent actual connections between the defendants." Id. By 12/30/2024, the plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described above. In the alternative, plaintiff has leave to file an amended complaint by 12/30/2024 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Mailed notice. (jcc,) |
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12
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2024-12-16 |
AMENDED complaint by NBA Properties, Inc. against 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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13
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2024-12-16 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Amended Schedule A regarding amended complaint 12 |
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14
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2024-12-16 |
MOTION by Plaintiff NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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15
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2024-12-16 |
MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order 14 |
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16
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2024-12-16 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 |
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17
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2024-12-16 |
DECLARATION of Lindsay Conn regarding memorandum in support of motion[15] |
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18
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2024-12-16 |
SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 regarding declaration[17] |
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(Exhibit 1) |
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19
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2024-12-16 |
DECLARATION of Ayala Deutsch regarding memorandum in support of motion[15] |
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Exhibit 1 |
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Exhibit 2 |
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20
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2024-12-16 |
MOTION by Plaintiff NBA Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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21
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2024-12-16 |
MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief[20] |
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22
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2024-12-16 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21] |
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23
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2024-12-16 |
NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[14], motion for miscellaneous relief[20] before Honorable April M. Perry on 12/19/2024 at 10:00 AM. |
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24
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2024-12-16 |
SEALED DOCUMENT by Plaintiff NBA Properties, Inc. Schedule A Template |
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25
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2024-12-17 |
MINUTE entry before the Honorable April M. Perry: Plaintiff's ex parte motion for entry of a temporary restraining order [14], including a temporary injunction, a temporary asset restraint, and expedited discovery, is granted. Plaintiff's ex parte motion for electronic service of process [20] is also granted. Plaintiff's written submissions establish that if defendant was informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendant, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendant 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 way to communicate with an online marketplace defendant. Expedited discovery is warranted to identify defendant and implement the asset freeze. If the defendant were to appear and object, the Court will revisit the asset freeze and personal jurisdiction. A $ 1,000 bond is sufficient to secure the injunctive relief. The Court strikes the motion hearing set for 12/19/2024. Enter order. Mailed notice. |
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26
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2024-12-17 |
SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable April M. Perry on 12/17/2024. Mailed notice. |
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27
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2024-12-18 |
Registry Deposit Information Form by NBA Properties, Inc. |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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28
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2024-12-19 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
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BOND in the amount of $ $1,000, law firm check, Receipt No. 100014460 posted by NBA Properties, Inc. |
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29
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2024-12-26 |
MOTION by Plaintiff NBA Properties, Inc. for extension of time of Temporary Restraining Order |
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30
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2024-12-26 |
MEMORANDUM by NBA Properties, Inc. in support of extension of time[29] |
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31
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2024-12-26 |
DECLARATION of Allyson M. Martin regarding memorandum in support of motion[30] |
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32
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2024-12-26 |
NOTICE of Motion by Allyson M. Martin for presentment of extension of time[29] before Honorable April M. Perry on 12/31/2024 at 10:00 AM. |
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33
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2024-12-27 |
MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Extend the Temporary Restraining Order [29] is granted. The previously granted TRO [26] shall be extended until 1/14/2025. The Court strikes the hearing date of 12/31/2024. Enter order. Mailed notice. (jcc,) |
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34
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2024-12-27 |
SEALED EXTENSION OF TEMPORARY RESTRAINING ORDER. Signed by the Honorable April M. Perry on 12/27/2024. Mailed notice. (jcc,) |
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35
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2024-12-30 |
MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction |
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Exhibit A |
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36
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2024-12-30 |
MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction[35] |
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Declaration of Allyson M. Martin |
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37
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2024-12-30 |
NOTICE of Motion by Allyson M. Martin for presentment of motion for preliminary injunction[35] before Honorable April M. Perry on 1/7/2025 at 10:00 AM. |
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Exhibit A |
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38
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2024-12-30 |
SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/30/2024, answer due 1/20/2025. |
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Declaration of Kahlia R. Halpern |
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Exhibit A |
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39
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2024-12-30 |
STATUS Report Initial per [11] by NBA Properties, Inc. |
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Exhibit A |
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40
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2024-12-31 |
MINUTE entry before the Honorable April M. Perry: The Court is in receipt of the status report [39]. Plaintiff's motion for a preliminary injunction [35] is taken under advisement. Plaintiff's motion for entry of a preliminary injunction will be heard at a hearing on 1/7/2025, at 10:00 a.m. in person in Courtroom 1725. The motion may be considered unopposed as to any defendant who does not file an objection by 1/6/2025 and/or appear at the hearing. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. Mailed notice. (jcc,) |
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41
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2024-12-31 |
CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding order on motion for preliminary injunction, terminate deadlines, set/reset hearings, [40] |
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Exhibit A |
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42
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2025-01-07 |
ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Berel Yonathan Lakovitsky |
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43
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2025-01-07 |
MINUTE entry before the Honorable April M. Perry: Motion hearing held on 1/7/2025. For the reasons set forth in the attached order, the Court grants Plaintiff's motion for preliminary injunction [35]. Plaintiff is ordered to add all remaining 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. The Clerk is directed to unseal. Enter order. Mailed notice. (jcc,) |
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44
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2025-01-07 |
PRELIMINARY INJUCTION ORDER. Signed by the Honorable April M. Perry on 1/7/2025. Mailed notice. (jcc,) |
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NEW PARTIES: jinanhuasonghefuzhuangmaoyi added to case caption. |
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45
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2025-01-29 |
NOTICE of Voluntary Dismissal by NBA Properties, Inc. as to certain defendant |
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46
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2025-01-30 |
MINUTE entry before the Honorable April M. Perry: The Court acknowledges receipt of Notice of Voluntary Dismissal [45]. The case is dismissed pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Any or all previously set deadlines/hearings to be struck. Civil case terminated. Mailed notice. (jcc,) |
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47
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2025-02-03 |
MOTION by Plaintiff NBA Properties, Inc. for Release of Bond |
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48
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2025-02-03 |
NOTICE of Motion by Allyson M. Martin for presentment of motion for miscellaneous relief[47] before Honorable April M. Perry on 2/6/2025 at 10:00 AM. |
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49
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2025-02-03 |
MINUTE entry before the Honorable April M. Perry: The 2/6/2025 motion hearing shall be heard telephonically at 10 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 650-479-3207, Access Code: 2307 684 8339. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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. (jcc,) |
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50
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2025-02-04 |
MINUTE entry before the Honorable April M. Perry: Motion for release of bond 47 is granted. The Clerk of the Court shall release the $1,000 Bond, including the interest minus the registry fee, to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. There is no need for the parties to appear at the motion hearing scheduled for 2/6/2025. Order to follow. Mailed notice. (jcc,) |
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51
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2025-02-04 |
ORDER to Release Bond to Plaintiff. Signed by the Honorable April M. Perry on 2/4/2025. Mailed notice. (jcc,) |
