最近更新:2026-08-18
更新 🌐 翻译

1:25-cv-08186

Birkenstock Us BidCo, Inc. v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:2025-07-17

法院:N.D.Ill(芝加哥)

品牌:Birkenstock 勃肯

律所:GBC

日期 描述
2025-08-26 MINUTE entry before the Honorable Lindsay C. Jenkins: In light of the voluntary dismissal 36 the clerk is directed to close the case. Civil case closed. Mailed notice.
2025-08-26 NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to Defendants bibigg and the Individuals and Entities Operating bibigg
2025-08-05 MINUTE entry before the Honorable Lindsay C. Jenkins: Assuming no defendant appears beforehand, plaintiff is directed to file a motion for entry of default and default judgment by August 28, 2025. Mailed notice.
2025-08-04 SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to bibigg and the Individuals and Entities Operating bibigg on 8/4/2025, answer due 8/25/2025.
2025-07-28 [封存] SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
2025-07-28 SUMMONS Submitted (Court Participant) for defendant(s) bibigg and the Individuals and Entities Operating bibigg by Plaintiff Birkenstock US BidCo, Inc.
2025-07-24 ORDER Signed by the Honorable Lindsay C. Jenkins on 7/24/2025. Mailed notice.
2025-07-24 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for expedited discovery and electronic service of process 29 is granted. Separate order to issue. Mailed notice.
2025-07-23 MOTION by Plaintiff Birkenstock US BidCo, Inc. for discovery Expedited
2025-07-23 EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Amended Schedule A regarding amended complaint, [27]
2025-07-23 AMENDED complaint by Birkenstock US BidCo, Inc. against bibigg and the Individuals and Entities Operating bibigg and terminating The Partnerships and Unincorporated Associations Identified on Schedule A
2025-07-22 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for a TRO [16] is denied. The court is not persuaded that an asset restraint is necessary to conduct an accounting; discovery and records of sales can provide any accounting plaintiff may be entitled to. Plaintiffs in Schedule A cases rarely pursue an actual accounting as a remedy and rarely justify requests for statutory damages by reference to actual sales figures, lost profits, or the like. Instead, counsel typically asks for an amount of statutory damages based on notions of deterrence without case-specific factual support justifying the number. Upon filing its amended complaint, Plaintiff may submit a proposed TRO that enjoins the named Defendant from using or selling the allegedly infringing works on an ex parte basis if it wishes, but an asset restraint is not necessary here. Mailed notice.
2025-07-22 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court has reviewed the plaintiff's memorandum on joinder [Dkt. [14]] and determines, within its discretion, that it has failed to satisfy its burden to show that joinder of more than 40 defendants is proper in this matter under Federal Rule of Civil Procedure 20(a)(2). See Este Lauder Cosms. Ltd. v. The Partnerships, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). In evaluating the appropriateness of joinder, the court assesses whether a logical relationship exists between defendants through actual evidentiary overlap, not coincidence. Este Lauder, 334 F.R.D. at 185. Plaintiff argues that joinder is necessary to combat online counterfeiters and make their infringement unprofitable, and that the joinder of dozens of defendants in one action is one of the few available mechanisms for effectively combatting internet counterfeiters. The court is not persuaded
2025-07-21 SEALED DOCUMENT by Plaintiff Birkenstock US BidCo, Inc. Schedule A Template per [13]
2025-07-21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]
2025-07-21 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for miscellaneous relief[21]
2025-07-21 MOTION by Plaintiff Birkenstock US BidCo, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
2025-07-21 [封存] SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 regarding declaration[19]
2025-07-21 DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion[17]
2025-07-21 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
2025-07-21 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for temporary restraining order[16]
2025-07-21 MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
2025-07-21 DECLARATION of Justin R. Gaudio regarding memorandum[14]
2025-07-21 MEMORANDUM order on motion for leave to file, set deadlines, [13] by Birkenstock US BidCo, Inc. Establishing that Joinder is Proper
2025-07-18 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court grants the motion to seal [3], but upon review of the complaint, the Court sua sponte raises the propriety of joining nearly 45 defendants in a single action. By July 23, 2025, plaintiff must file a supplemental memorandum addressing the propriety of joinder. In the alternative, plaintiff has leave to file an amended complaint by July 23, 2025 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting the opinion issued in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025) (Alexakis, J.). Mailed notice.
2025-07-18 EMAILED to plaintiff(s) counsel Lanham Mediation Program materials
2025-07-18 EMAILED Trademark report to Patent Trademark Office, Alexandria VA
2025-07-17 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Jennifer Van Nacht
2025-07-17 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Amy Crout Ziegler
2025-07-17 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Justin R. Gaudio
2025-07-17 Notice of Claims Involving Trademarks by Birkenstock US BidCo, Inc.
2025-07-17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Birkenstock US BidCo, Inc.
2025-07-17 CIVIL Cover Sheet
2025-07-17 MOTION by Plaintiff Birkenstock US BidCo, Inc. for leave to file under seal
2025-07-17 [封存] SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Schedule A regarding complaint 1
2025-07-17 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Madeline Halgren
2025-07-17 COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-23765740.

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