Order
Viking Arm As v. Partnerships and Unincorporated Associations Identified On Schedule A
案件进展
37 条记录Order on Motion for Default Judgment
原告申请缺席判决Order on Motion for Default Judgment
原告申请缺席判决Default Judgment
set deadlines
preliminary injunction
order on motion for preliminary injunction
原告提交PI申请CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (jxm, )
certificate of service
set motion and R&R deadlines/hearings
memorandum in support of motion
motion for preliminary injunction
原告提交PI申请certificate of service
summons returned executed
bond
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/11/2024. Emailed copy to plaintiff's counsel. (jg, ) (Entered: 06/11/2024)
法院批准TROMINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 18 finding that Plaintiff had failed to meet its burden of establishing that permissive joinder of 181 defendants in this case was proper under Fed. R. Civ. P. 20(a)(2). In response, Plaintiff filed an amended complaint 19 and an amended Schedule A [19-3], which remedy the misjoinder. While the Court granted Plaintiff leave to file the amended Schedule A under seal 18, Plaintiff also filed the amended complaint 19 and the exhibits to the complaint [19-1] [19-2] under seal. Plaintiff has not established any basis for sealing these documents. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000). Accordingly, the Clerk's Office is directed, forthwith, to unseal the following filings: 19, [19-1], and [19-2]. The amended Schedule A [19-3] and Plaintiff's Supplemental Response to Motion for Temporary Restraining Order 20 shall remain under seal pending further order of the Court. Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Asset Restraining Order, and Expedited Discovery Order and Service of Process by Email 10 is granted. 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. 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 defendants from an order directing them 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 these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $2,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Mailed notice. (jg, ) (Entered: 06/11/2024)
法院批准TROSEALED DOCUMENT by Plaintiff Viking Arm AS Supplemental Response for TRO Motion (Gulbransen, David) (Entered: 06/10/2024)
SEALED DOCUMENT by Plaintiff Viking Arm AS (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Appendix Schedule A)(Gulbransen, David) (Entered: 06/10/2024)
ORDER: For the reasons stated in this Order, the Court finds that joinder of these defendants is improper under Fed. R. Civ. P. 20(a)(2). Plaintiff is granted leave to file an amended complaint consistent with this ruling along with an amended Schedule A (which may be filed under seal) by 6/20/24. Plaintiff's Motion for Temporary Restraining Order 10 remains under advisement. However, Plaintiff must also file a supplement to the TRO that specifically identifies the relevant pages where evidence pertaining to each amended Schedule A defendant can be found in the prior voluminous submissions or simply reattach the relevant pages for ease of court review. Otherwise, this Court will exercise its discretion to sever and/or dismiss parties without prejudice to cure the misjoinder. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Signed by the Honorable LaShonda A. Hunt on 6/6/2024. Mailed notice (mjc, ). (Entered: 06/06/2024)
原告提交TRO申请 查看公开文件 ↗SEALED DOCUMENT by Plaintiff Viking Arm AS Supplemental Memo in Support of Joinder (Attachments: # 1 Declaration Supplemental Declaration of Plaintiff, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 4)(Gulbransen, David) (Entered: 03/15/2024)
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 181 defendants in this single case and seeks ex parte TRO relief against each of them 10 . However, after reviewing the unsealed complaint 1 and previously sealed complaint 2, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 3/15/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Plaintiff's motion for leave to file excess pages 12 is granted. The motion for a TRO 10 will remain under advisement until the joinder issue is resolved. No appearance is necessary on 3/5/24. Emailed notice. (cdh, ) (Entered: 03/01/2024)
法院批准TROMINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Leave to Temporarily Seal Documents and Temporarily Proceed Pseudonymously 7 and Plaintiff's Ex Parte Motion for Leave to Temporarily Seal Documents 13 are granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff has filed an ex parte TRO motion, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Thus, only Schedule A [2-3] and Exhibit 1 to the Declaration of David Gulbransen [11-3] [11-4] [11-5] [11-6] [11-7] [11-8] [11-9] [11-10] shall remain sealed until further court order. The Clerk's Office is directed, forthwith, to (1) update the docket to reflect that the Plaintiff's name is Viking Arm AS; and (2) unseal the following filingsthe Complaint 2, Exhibit 1 to the Complaint [2-1], Exhibit 2 to the Complaint [2-2], USPTO Cover Sheet 4, Affiliate Disclosures 5, the Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order 11, the Declaration of 'ivind Resch [11-1], the Declaration of David Gulbransen [11-2], and Exhibit 2 to the Declaration of David Gulbransen [11-11]. Emailed notice. (cdh, ) (Entered: 03/01/2024)
原告提交TRO申请NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion to seal document 7, motion for temporary restraining order 10, motion for leave to file excess pages 12, motion to seal document 13 before Honorable LaShonda A. Hunt on 3/5/2024 at 10:00 AM. (Gulbransen, David) (Entered: 02/28/2024)
法院批准TROMOTION by Plaintiff VAN to seal document sealed document,,, 11, sealed document 2, sealed document 4, sealed document 5 (Gulbransen, David) (Entered: 02/28/2024)
MOTION by Plaintiff VAN for leave to file excess pages (Gulbransen, David) (Entered: 02/28/2024)
MEMORANDUM in Support of Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order by Plaintiff VAN (Attachments: # 1 Declaration Declaration of Plaintiff, # 2 Declaration Declaration of David Gulbransen, # 3 Exhibit Exhibit 1 to Declaration of David Gulbransen (1 of 8), # 4 Exhibit Exhibit 1 to Declaration of David Gulbransen (2 of 8), # 5 Exhibit Exhibit 1 to Declaration of David Gulbransen (3 of 8), # 6 Exhibit Exhibit 1 to Declaration of David Gulbransen (4 of 8), # 7 Exhibit Exhibit 1 to Declaration of David Gulbransen (5 of 8), # 8 Exhibit Exhibit 1 to Declaration of David Gulbransen (6 of 8), # 9 Exhibit Exhibit 1 to Declaration of David Gulbransen (7 of 8), # 10 Exhibit Exhibit 1 to Declaration of David Gulbransen (8 of 8), # 11 Exhibit Exhibit 2 to Declaration of David Gulbransen)(Gulbransen, David) Modified on 3/1/2024 (lm, ). (Entered: 02/28/2024)
原告提交TRO申请 查看公开文件 ↗MOTION by Plaintiff VAN for temporary restraining order (Gulbransen, David) (Entered: 02/28/2024)
法院批准TRO 查看公开文件 ↗MAILED to plaintiff(s) counsel Lanham Mediation Program materials(jb, ) (Entered: 02/27/2024)
MAILED trademark report to Patent Trademark Office, Alexandria VA (jb, ) (Entered: 02/27/2024)
查看公开文件 ↗MOTION by Plaintiff VAN to seal document sealed document 2, sealed document 4, sealed document 5 (Gulbransen, David) (Entered: 02/26/2024)
ATTORNEY Appearance for Plaintiff VAN by David Lee Gulbransen, Jr (Gulbransen, David) (Entered: 02/26/2024)
AFFILIATE Disclosure Statement by Plaintiff VAN Affiliate Disclosure (Gulbransen, David) Modified on 3/1/2024 (lm, ). (Entered: 02/26/2024)
USPTO Cover Sheet by Plaintiff VAN USPTO Cover Sheet (Gulbransen, David) Modified on 3/1/2024 (lm, ). (Entered: 02/26/2024)
CIVIL Cover Sheet (Gulbransen, David) (Entered: 02/26/2024)
COMPLAINT by Plaintiff VAN Complaint, Ex. 1, Ex. 2 and Schedule A (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Appendix Schedule A)(Gulbransen, David) Modified on 3/1/2024 (lm, ). (Entered: 02/26/2024)
COMPLAINT filed by VAN; Filing fee $ 405, receipt number AILNDC-21675131.(Gulbransen, David) (Entered: 02/26/2024)
查看公开文件 ↗