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1:23-cv-15273

Pink Floyd (1987) Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A (ilnd-1:2023-cv-15273)

日期:2023-10-24

法院:N.D.Ill(芝加哥)

品牌:Pink Floyd 平克弗洛伊德

律所:Keith

日期 描述
2024-05-06 RETURN of U.S. Post Office Receipt, article no. 7001 2510 0005 7681 6559
2024-04-29 MAILED trademark report, along with a certified copy of the order dated 4/26/24, to Patent Trademark Office, Alexandria VA
2024-04-26 DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 4/26/2024. Mailed notice.
2024-04-26 ORDER: No remaining defendant has responded to plaintiff's motion for entry of default and default judgment 41. The motion 41 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 $250,000 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 remaining defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors a
2024-04-24 STATUS Report Pursuant to 63 by Pink Floyd (1987) Limited
2024-04-24 Amended Schedule A 2 by Pink Floyd (1987) Limited
2024-04-23 MINUTE entry before the Honorable Keri L. Holleb Hotaling: Pursuant to the parties' stipulation of dismissal [Dkt. 62], all matters relating to the referral of this action are complete. The continued off-the-record settlement conference call set for 4/24/2024 is stricken. Referral terminated.
2024-04-23 MINUTE entry before the Honorable Martha M. Pacold: Joint stipulation of dismissal 62 seeks to voluntarily dismiss defendant No. 53 Duofilmo. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes the parties joint stipulation of dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 4/26/2024, plaintiff should file an amended Schedule A separately on the docket and file a status report on the status of pending motions and how plaintiff seeks to proceed with the case.
2024-04-23 STIPULATION of Dismissal as to Defendant No. 53 Duofilmo
2024-03-06 MINUTE entry before the Honorable Keri L. Holleb Hotaling: Off-the-record further settlement conference with Plaintiff and the remaining Defendant held on 3/6/2024. The parties are effectuating their settlement. A continued off-the-record settlement conference call is set for 4/24/2024 at 10:00 a.m. via WebEx. The continued call will be stricken if Plaintiff's counsel notifies the Court sufficiently in advance of that date that the settlement has been effectuated. Plaintiff's counsel shall ensure that Defendant is provided with notice as well. The WebEx invitation will be sent to the parties closer to the 4/24/2024 settlement conference call date.
2024-02-21 MINUTE entry before the Honorable Keri L. Holleb Hotaling:Off-the-record pre-settlement conference held on 2/21/2024. The parties have reached a settlement in principle. A continued off-the-record settlement conference call is set for 3/6/2024 at 10:00 a.m. via WebEx. The WebEx invitation will be sent to the parties closer to the 03/06/2024 settlement conference call date.
2024-02-08 MINUTE entry before the Honorable Keri L. Holleb Hotaling: The Court hereby adopts the following jurisdictional discovery schedule proposed by the parties [see Dkt. 58]. The Parties shall exchange Rule 26(a)(1) disclosures by March 8, 2024. The Parties shall serve written discovery by March 18, 2024. Written discovery is to be completed by May 20, 2024. Depositions of fact witnesses shall be completed by September 16, 2024. The parties are to file a joint status report on 9/20/2024 setting forth a proposed expert discovery schedule, if any, related to jurisdictional discovery. If no expert jurisdictional discovery is needed, the parties are to propose a dispositive motion schedule at that time, or, alternatively, propose a fact discovery schedule if the parties wish to wait on dispositive motions. Additionally, the parties indicate they are interested in a settlement conference. The parties should still proceed with jurisdictional discovery while they await a settlement conference with
2024-02-07 STATUS Report Joint Status Report by Pink Floyd (1987) Limited Presented before Magistrate Judge
2024-01-31 MINUTE entry before the Honorable Keri L. Holleb Hotaling: This matter has been referred to Judge Holleb Hotaling for discovery supervision (including jurisdictional discovery), settlement, to set a deadline to file amended pleadings, and to set a dispositive motions schedule. The District Court has already granted Plaintiff's request for jurisdictional discovery [Dkt. 55]. By 2/7/2024, the parties are to file a joint status report setting forth a deadline for the completion of jurisdictional discovery, and a statement regarding whether the parties are interested in a settlement conference (either as to all or fewer Defendants).
2024-01-30 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Keri L. Holleb Hotaling for the purpose of holding proceedings related to: discovery supervision and scheduling (including jurisdictional discovery), to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement.
2024-01-30 MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 53, Duofilmo, filed a response in opposition to motion to enter preliminary injunction and opposition to motion for default judgment, and motion to dismiss for lack of jurisdiction. 51. Plaintiff then filed a motion to stay 54, in which plaintiff requests a stay of defendant's motion to dismiss for lack of jurisdiction and an opportunity to conduct jurisdictional discovery. Plaintiff's motion to stay 54 is granted in that the court grants the request for jurisdictional discovery and stays briefing on the motion to dismiss for lack of jurisdiction pending the completion of jurisdictional discovery. The parties should file a joint status report within 7 days of the completion of jurisdictional discovery proposing a briefing schedule on Duofilmo's motion to dismiss for lack of jurisdiction 51.
2024-01-29 MOTION by Plaintiff Pink Floyd (1987) Limited to stay regarding Response 51
2024-01-23 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to send an updated proposed default judgment order, redline and clean, to the proposed order box by 1/31/2024.
2024-01-23 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 1/31/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
2024-01-22 EXHIBITS IN SUPPORT of Motion to enter preliminary injunction, and opposition to motion for default judgement and defendants motion to dismiss for lack of jurisdiction filed by Defendant No. 53-DUOFILMO. (Exhibits)
2024-01-20 DECLARATION OF Mohamed Nasser-allah.
2024-01-20 DEFENDANT No. 53 - RESPONSE DUOFILMO'S Response in opposition to Moiton to enter preliminary injunction, and opposition to motion for default judgment and defendants motion to dismiss for lack of jurisdiction.
2024-01-13 PRO SE Appearance by Defendant Mohamed Nasser-allah.
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 quest
2023-12-28 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file an updated proposed preliminary injunction order, redline and clean, to the proposed order box by 1/10/24.
2023-12-28 MINUTE entry before the Honorable Martha M. Pacold: In light of plaintiff's amendment of the Schedule A, defendant no. 149 ohlapislazuli's, or Ibone Garcia's, motion to dismiss and opposition 40 in opposition to plaintiff's motion for preliminary injunction 22 is stricken as moot.
2023-12-28 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal 35, 36, which seek to voluntarily dismiss defendants No. 90 HellwoodOutfiggers and No. 149 ohlapislazuli along with about 230 others. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended Schedule A identifying the remaining defendants 37.
2023-12-26 STATEMENT by Blue Box, The. (Exhibits) (Envelope postmark 12/14/2023)
2023-12-26 MEMORANDUM by Pink Floyd (1987) Limited in support of motion for default judgment 41
2023-12-26 MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A
2023-12-20 RESPONSE in Opposition to Motion to enter preliminary injunction, and Motion to dismiss for lack of jurisdiction filed by Defendant Ibone Garcia.
2023-12-20 PRO SE Appearance by Defendant Ibone Garcia.
2023-12-20 Amended Schedule A 2 by Pink Floyd (1987) Limited
2023-12-20 NOTICE of Voluntary Dismissal by Pink Floyd (1987) Limited as to [Certain] Defendants
2023-12-20 NOTICE of Voluntary Dismissal by All Plaintiffs Aas to defendant no. 90 HellwoodOutfitters
2023-12-20 APPEARANCE Pro Se by HellwoodOutfitters (HellwoodOutfitters,)
2023-12-20 DECLARATION of Phillip J. Morledge, HellwoodOutfitters Sole Proprietorship Status (HellwoodOutfitters,)
2023-12-19 FILED PRO SE by Erynn Woodward and only in defense of myself, my designs, and my 'storefront' on the TeePublic website. (Exhibits)
2023-12-18 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 30, which seeks to voluntarily dismiss defendant No. 22 Bigfinz. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended Schedule A identifying the remaining defendants 31.
2023-12-13 Amended Schedule A 2 by Pink Floyd (1987) Limited
2023-12-13 NOTICE of Voluntary Dismissal by Pink Floyd (1987) Limited as to [Certain] Defendants
2023-12-12 Amended Schedule A 2 by Pink Floyd (1987) Limited
2023-12-08 CERTIFICATE of Service by Plaintiff Pink Floyd (1987) Limited regarding set motion and R&R deadlines/hearings, 26
2023-12-08 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 25, which seeks to voluntarily dismiss defendant No. 22 Bigfinz. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. 22 Bigfinz from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A by 12/12/23 identifying the remaining defendants.
2023-12-08 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction 22. The court has taken the motion for preliminary injunction 22 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/20/23. Plaintiff shall serve defendants with this notice and file a certificate of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in plaintiff's memorandum in support of plaintiff's motion for preliminary injunction 23, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.
2023-12-05 NOTICE of Voluntary Dismissal by Pink Floyd (1987) Limited as to Defendant No. 22 Bigfinz
2023-12-01 SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/1/2023, answer due 12/22/2023.
2023-12-01 MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction 22
2023-12-01 MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction
2023-11-21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 20 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 18 entered on 11/9/23 is extended until 12/7/23.
2023-11-20 MOTION by Plaintiff Pink Floyd (1987) Limited for extension of time for Temporary Restraining Order
2023-11-14 SURETY BOND in the amount of $ 10,000 posted by Pink Floyd (1987) Limited. (Document not Scanned)
2023-11-09 [封存] SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/9/2023:
2023-11-09 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff Pink Floyd (1987) Limited's motions for leave to file under seal 11 and for leave to file excess pages 12 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, and electronic service of process, 13 is granted for the reasons set forth in plaintiff's supporting memorandum 14 and exhibits 15. 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. Plaintiff's proffered evidence of defendants' active infringement and sales into Illinois shows a substantial likelihood of success on the merits; the harm to plaintiff is irreparable;
2023-10-25 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
2023-10-24 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Monica Rita Martin
2023-10-24 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Cameron Eugene Mcintyre
2023-10-24 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman
2023-10-24 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu
2023-10-24 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang
2023-10-24 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt
2023-10-24 CIVIL Cover Sheet
2023-10-24 SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited Schedule A to Complaint 1
2023-10-24 SEALED EXHIBIT by Plaintiff Pink Floyd (1987) Limited Sealed Exhibit 2, Declaration of Thomas Schlegel regarding memorandum in support of motion, 14
2023-10-24 MEMORANDUM in support of 13 Exparte motion
2023-10-24 MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages
2023-10-24 MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file under seal
2023-10-24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pink Floyd (1987) Limited
2023-10-24 COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number AILNDC-21254810.

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