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| # | Date | Description |
| 54 |
02/07/2024
|
MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the order entered on 2/1/24 48. The two thousand dollar ($2,000) surety bond posted by Plaintiff is hereby released to Plaintiff or its counsel, TME Law, P.C. The Clerk of the Court is directed to return the surety bond deposited with the Clerk of the Court to Plaintiff or its counsel. 翻译 |
| 53 |
02/02/2024
|
MAILED trademark report with certified copies of orders dated 2/1/24 to Patent Trademark Office, Alexandria VA. 翻译 |
| 52 |
02/01/2024
|
FINAL Default Judgment Order Signed by the Honorable Nancy L. Maldonado on 2/1/2024. 翻译 |
| 51 |
02/01/2024
|
MINUTE entry before the Honorable Nancy L. Maldonado: Default judgment motion hearing held on 2/1/2024 via Webex Video Conference. Defendants were not present and have not objected to Plaintiff's default motion or appeared. For the reasons stated on the record, Plaintiff's motion for default judgment [41] is granted. Judgment is entered in favor of the Plaintiff Epic Games, Inc. and against the two remaining Defendants, beststore9527 and divovape, in the amount of $10,000.00 per Defendant. Enter Final Judgment Order. Civil case terminated. 翻译 |
| 50 |
01/09/2024
|
CERTIFICATE of Service by Sydney Paige Fenton on behalf of Epic Games, Inc. 翻译 |
| 49 |
01/08/2024
|
MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for default judgment [41]. A default judgment hearing is set for 02/01/24 at 10:00 a.m. by Webex video conference, at which time Plaintiff should be prepared to address the support for an award of $20,000 in statutory damages. The dial in number for the public is 650-479-3207; Access code: 23121738470. The parties will receive a WebEx invitation by email. Defendants shall have until 01/31/24 to file any appearance or objection to the motion for default judgment. Defendants' failure to appear at the hearing will result in the entry of default judgment against Defendant. Plaintiff is instructed to promptly serve their motion for default judgment and a copy of this order on Defendants via electronic service and to file a certificate of service indicating they have done so. 翻译 |
| 48 |
01/05/2024
|
STATUS Report by Epic Games, Inc. 翻译 |
| 47 |
01/05/2024
|
DECLARATION of Martin F. Trainor regarding memorandum in support of motion[42] 翻译 |
| 46 |
01/05/2024
|
MEMORANDUM by Epic Games, Inc. in support of motion for entry of default, motion for default judgment[41] 翻译 |
| 45 |
01/05/2024
|
MOTION by Plaintiff Epic Games, Inc. for entry of default, MOTION by Plaintiff Epic Games, Inc. for default judgment as to all Defendants 翻译 |
| 44 |
12/28/2023
|
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 questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. 翻译 |
| 43 |
12/21/2023
|
MINUTE entry before the Honorable Nancy L. Maldonado:The Court has not heard from Plaintiff since the Court entered a preliminary injunction order in Plaintiff's favor [38]. Plaintiff should submit a status report by 01/05/24, updating the Court on the progress of the case. 翻译 |
| 42 |
11/06/2023
|
NEW PARTIES: beststore9527 and divovape added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A 翻译 |
| 41 |
11/02/2023
|
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 11/2/2023. 翻译 |
| 40 |
11/02/2023
|
MINUTE entry before the Honorable Nancy L. Maldonado:Motion hearing held on 11/2/2023 via WebEx. The Court grants Plaintiff's motion for preliminary injunction [33]. Enter Preliminary Injunction Order. The Clerk is directed to unseal Amended Schedule A [25] and Amended Sealed Temporary Restraining Order [28]. Plaintiff's counsel is ordered to add Defendants' names listed on the Amended Schedule A [25] to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. 翻译 |
| 39 |
10/11/2023
|
CERTIFICATE of Service by Martin Francis Trainor on behalf of Epic Games, Inc. 翻译 |
| 38 |
10/10/2023
|
MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for preliminary injunction is set for hearing on 11/02/2023 at 10:30 a.m. via WebEx video conference. The dial-in number for the public is 650-479-3207; access code: 23048838933. A copy of this order should be provided to Defendants, and Plaintiff must file a certificate of service on the docket confirming that it has served a copy of its motion and the Court's order setting a hearing on all Defendants. If no Defendants appear or otherwise object to the motion, it will be granted as unopposed. 翻译 |
| 37 |
10/06/2023
|
MEMORANDUM by Epic Games, Inc. in support of motion for preliminary injunction[33] 翻译 |
| 36 |
10/06/2023
|
MOTION by Plaintiff Epic Games, Inc. for preliminary injunction 翻译 |
| 35 |
10/06/2023
|
SUMMONS Returned Executed by Epic Games, Inc. as to The Partnerships and Unincorporated Associations Identified On Schedule A on 10/6/2023, answer due 10/27/2023. 翻译 |
| 34 |
10/05/2023
|
ATTORNEY Appearance for Plaintiff Epic Games, Inc. by Sydney Paige Fenton 翻译 |
| 33 |
10/05/2023
|
ATTORNEY Appearance for Plaintiff Epic Games, Inc. by Martin Francis Trainor 翻译 |
| 32 |
10/05/2023
|
NEW PARTIES: Epic Games, Inc. added to case caption. Terminating ABC Corporation 翻译 |
| 31 |
10/04/2023
|
SURETY BOND in the amount of $ 2,000.00 posted by ABC Corporation. (Document not imaged) 翻译 |
| 30 |
10/02/2023
|
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A 翻译 |
| 29 |
09/28/2023
|
AMENDED SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 9/28/2023. Mailed notice. 翻译 |
| 28 |
09/28/2023
|
MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for electronic service of process [17] and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], are granted. 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 the individuals and entities operating Defendant online seller, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and a sale offered into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. In light of the Supreme Court's recent holding in Abitron Austria GmbH v. Hetronic International, Inc., 600 U.S. 412 (2023) that §1114(1)(a) and §1125(a)(1) of the Lanham Act do not have extraterritorial application, Plaintiff should attempt to seek discovery that identifies where Defendants used Plaintiff's marks in commerce. Plaintiff shall deposit with the Clerk of Court two thousand dollars ($2,000.00), either cash or surety bond, as security. 翻译 |
| 27 |
09/27/2023
|
MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's Amended Schedule A [25]. By 9/28/23, Plaintiff shall provide the Court with an amended TRO that is consistent with its Amended Schedule A by emailing the proposed Order to: Proposed_Order_Maldonado@ilnd.uscourts.gov. 翻译 |
| 26 |
09/26/2023
|
SEALED EXHIBIT by Plaintiff ABC Corporation Amended Schedule A regarding complaint[1] 翻译 |
| 25 |
09/26/2023
|
NOTICE by Martin Francis Trainor of Change of Address 翻译 |
| 24 |
09/26/2023
|
NOTICE by Sydney Paige Fenton of Change of Address 翻译 |
| 23 |
09/18/2023
|
MINUTE entry before the Honorable Nancy L. Maldonado: Motion to withdraw Sameeul Haque as attorney [21] is granted. 翻译 |
| 22 |
09/15/2023
|
MOTION by Attorney Sameeul Haque to withdraw as attorney for ABC Corporation. No party information provided 翻译 |
| 21 |
09/15/2023
|
ATTORNEY Appearance for Plaintiff ABC Corporation by Sydney Paige Fenton 翻译 |
| 20 |
09/12/2023
|
MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for leave to file under seal and to temporarily proceed under a pseudonym [10]. For the reasons provided in its motion, Plaintiff may file under seal its Complaint and attached Schedule A identifying the list of Defendants, Exhibit 1 containing Plaintiff's Trademarks, Plaintiff's motion for a temporary restraining order (TRO), Plaintiff's notice of affiliates, and Plaintiff's notice of Trademark claims. The ability to proceed under a pseudonym is only temporary, however, and will expire 7 days after the Court's ruling on Plaintiff's motion for an ex parte temporary restraining order, at which time Plaintiff shall add its name to the docket. Before the Court can rule on Plaintiff's motion for a temporary restraining order [14], the Court orders Plaintiff to file a brief addressing the propriety of joinder of all 165 defendants on or before 9/26/2023. 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). Plaintiff's brief must refer to specific allegations in this case. For example, Plaintiff shall provide citations to specific screenshots associated with identified Schedule A defendants to demonstrate that joinder of all 165 defendants is proper. Alternatively, Plaintiff may file an amended Schedule A list of defendants for which they believe joinder may be appropriate. If Plaintiff chooses to amend the Schedule A list, Plaintiff must refile any exhibits containing screenshots that are specific only to the defendants listed on the amended Schedule A, which Plaintiff may file under seal. 翻译 |
| 19 |
02/15/2023
|
MEMORANDUM by ABC Corporation in support of motion for miscellaneous relief[17] 翻译 |
| 18 |
02/15/2023
|
MOTION by Plaintiff ABC Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
| 17 |
02/15/2023
|
SEALED DOCUMENT by Plaintiff ABC Corporation Declaration of Paul Varley 翻译 |
| 16 |
02/15/2023
|
SEALED DOCUMENT by Plaintiff ABC Corporation Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译 |
| 15 |
02/15/2023
|
SEALED MOTION by Plaintiff ABC Corporation for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译 |
| 14 |
02/13/2023
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jk2,) 翻译 |
| 13 |
02/13/2023
|
MAILED trademark report to Patent Trademark Office, Alexandria VA (jk2,) 翻译 |
| 12 |
02/10/2023
|
MEMORANDUM by ABC Corporation in support of motion for miscellaneous relief[10] 翻译 |
| 11 |
02/13/2023
|
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. 翻译 |
| 10 |
02/13/2023
|
CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. 翻译 |
| 9 |
02/10/2023
|
MOTION by Plaintiff ABC Corporation for Leave to File Certain Documents Under Seal and Temporarily Proceed Under a Pseudonym 翻译 |
| 8 |
02/10/2023
|
ATTORNEY Appearance for Plaintiff ABC Corporation by Sameeul Haque 翻译 |
| 7 |
02/10/2023
|
ATTORNEY Appearance for Plaintiff ABC Corporation by Martin Francis Trainor 翻译 |
| 6 |
02/10/2023
|
SEALED DOCUMENT by Plaintiff ABC Corporation Notice of Trademark Claims 翻译 |
| 5 |
02/10/2023
|
CIVIL Cover Sheet 翻译 |
| 4 |
02/10/2023
|
SEALED DOCUMENT by Plaintiff ABC Corporation Notification of Affiliates 翻译 |
| 3 |
02/10/2023
|
SEALED DOCUMENT by Plaintiff ABC Corporation Complaint 翻译 |
| 2 |
02/10/2023
|
SEALED EXHIBIT by Plaintiff ABC Corporation Schedule A regarding complaint[1] 翻译 |
| 1 |
02/10/2023
|
SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 1 regarding complaint[1] 翻译 |