Fca Us LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A

MINUTE entry before the Honorable Sara L. Ellis: The Court grant Plaintiff's motion for leave to file a second amended complaint 36. Plaintiff should file the second amended complaint as a separate entry on the docket. The Court allows Plaintiff to withdraw its motions for temporary restraining order 23 and for electronic service of process 28. The Court strikes the status date set for 11/26/2024 and resets it to 12/19/2024 at 1:30 PM. Plaintiff should file an initial joint status report by 12/12/2024. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. 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 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. Emailed notice

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 11/6/2024. Plaintiff appears for motions 23 and 28. Plaintiff to refile the joinder statement by 11/20/2024. The Court enters and continues motions for entry of temporary restraining order, including a temporary asset restraint, and expedited discovery 23 to 11/26/2024 at 9:30 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. 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 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. Emailed notice

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[28], motion for temporary restraining order[23] before Honorable Sara L. Ellis on 11/6/2024 at 09:30 AM.

MEMORANDUM by FCA US LLC in support of motion for temporary restraining order[23]

MOTION by Plaintiff FCA US LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Renewed)

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs motion for leave to file under seal 3 and denies Plaintiffs motions for entry of a temporary restraining order 11 and for electronic service of process 16 without prejudice. Plaintiff filed this case against 102 defendants for infringing 112 different trademarks registered to Plaintiff. Under Rule 20, a plaintiff may join multiple defendants in a single action if: (1) the claims against them are asserted with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) a question of law or fact common to all defendants exists. Fed. R. Civ. P. 20(a)(2)(A)(B). In reviewing the complaint in this case, it does not appear that joinder is proper as to all Defendants. As the Court stated in Roadget Business Pte. Ltd. v. The Individuals, Corporations, Limited Liability Cos., Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, alleging that multiple defendants have infringed on the same copyright, trademark, or patent in the same way, without more, does not create the substantial evidentiary overlap required to find joinder proper. No. 23 C 17036, 2024 WL 1858592, at *67 (N.D. Ill. Apr. 29, 2024). The Court directs Plaintiff to file an amended complaint by 10/30/2024, as well as a statement on joinder explaining how the remaining Defendants comply with the Courts order in Roadget. The Court sets a telephonic status date for 11/6/2024 at 9:30 AM. Plaintiff may refile its motions for entry of a temporary restraining order and electronic service of process and notice them for presentment at the next status date.

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[11], motion for leave to file[3], motion for miscellaneous relief[16] before Honorable Sara L. Ellis on 10/15/2024 at 09:45 AM.

MEMORANDUM by FCA US LLC in support of motion for temporary restraining order[11]

MOTION by Plaintiff FCA US LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery