Case number 1:21-cv-05975
Diggs v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 31, 2022 | N/A | mailed (0) Docket Text: The ten-thousand-dollar ($10,000.00) surety bond posted by Robert Diggs is hereby released to Justin R. Gaudio of Greer, Burns & Crain Ltd. The Clerk of Court is directed to return the surety bond previously deposited with the Clerk of the Court to Justin R. Gaudio of Greer, Burns & Crain, Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL. 60606 via certified mail 7019 2280 0000 0962 6732. (jn, ) |
| Jan 28, 2022 | 45 | order on motion for entry of default (1) Docket Text: ORDER: In the court's 1/7/2022 minute entry, it gave all defendants until 1/21/2022 to object to plaintiff's motion for entry of default and default judgment [36]. See [40]. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment [36]. 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 specified in the order, 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 defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Justin R. Gaudio, Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 1/28/2022. Mailed notice (jn, ) |
| Jan 19, 2022 | 44 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [42] is granted. Maoyili, Xue01, Yabsera, buyannadhty, chill888, dhnetlv, haomaoo, happy668899store, hoganr, nugetshoodie, peaceminous529, perfect689market, supdhgate88, Dang04 and Hai003 are dismissed. (rao, ) |
| Jan 14, 2022 | 43 | amended document (6) Docket Text: AMENDED exhibit[2] Amended Schedule A (Begert, Isaku) |
| Jan 14, 2022 | 42 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff Robert Diggsfor Leave to Amend Schedule A to the Complaint Instanter (Begert, Isaku) |
| Jan 12, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: Yiwu City Manluo Trade Co., Ltd., Yiwu Dazzer Cloth Co., Ltd., Xiamen Soo Chic Dress Co., Ltd., Wuxi Stoter Import And Export Company Ltd., Xiamen Felix E-Commerce Co., Ltd., Marshmello Store, Shop2948080 Store, Safeshine Store, yueqing Store, Shop3686021 Store, Coeus Store, MI YA Store, Queen Fashion Jewelly Store, MORS Store, MI YA 888 Store, GVHHCK 01 Store, Teacher911 Store, JIUZHE Store, Shop5264031 Store, XING A Store, adererror Store, Factory discount store Store, Shop5837295 Store, Mask Online Store, Shop5888945 Store, Shop910357276 Store, Shop910360060 Store, BADTASTE Store, Shop911123107 Store, Shop911382158 Store, Shop911442170 Store, A one-stop factory discount shop for you Store, IGGY222 Store, CCMA Store, fashionista no.2 Store, Maiguo Costume Store, Attt7879 Store, 2021 Tees Store, Shop852063 Store, CrazyPeach Store, XXX T-shirt Store, Sinor Men Women Clothes Store, hefangfushi01 Store, a shirt Store, GHFGDJGGH5000 Store, Tebo Store, ABINGTXU Store, Fashionwell Store Store, GUANYU 06 Store, Jiyunhong Store, 21 hours Store, xinxingxing 01 Store, YIJAYI Store, JU BAO LONG Store, ZIQINGLING Store, jian666 Store, CGXD Store, Baseballhats Store, BAOLIWEN Store, Funtees Store Store, shop549494 Store, tshirts999 Store, LEshopping Store, JIAYOUWU666 Store, minghao988 Store, Hongjun Lao Zu 188 Store, PinStar Store, A-power Store, huaifen30346 Store, 123HIJKL Store, yxj-04 Store, Hip-hop Factory Store, fashionable11 Store, JIAMEICHENG Store, zx918918 Store, sangeyi Store, PinsCLUB Store, chaoliu666666 Store, XCCMD Store, LianXiQuShenJianBaiHuoDian, Doubleon, Mr.Lan Shop, CHANGYANCHOU, rongrong1, weicshangd, SuYingLin Art, Guangzhou huangchan Trading Co., Ltd, Brother Zheng's boutique, jytytrssheytreatae, wanghaoweidediyigedian, ZhaoXiaohui Art, ganzhoujingjijishukaifaquxuanzhibaihuodian, YUZHIGONGNO01, lingshuitimengruimaozhongxin, A2I6SOVMDD75QJ, ZhangBing Art, kelaikemao, SiLuJvXin, Group Star Hall, A307I7A6613YOE, Sarah J Kenna, YaoQiShangMao, xiaojianjuna, A3HP00E2U6FYOJ, DongGuanShiChangAnWenDongWenJuDian, xiuyuqudongzhuanghuangguoyangzhubaoshanghang2, YAFEISHANGMAO, LLY-ST, PingHuoBaiHuo, qrianv, PINHUA, leinan-shop, Mark Reynolds, diyashoes, dhamy, Maoyili, salyy, Yabsera, hoganr, happy668899store, zhoushuang198940, haomaoo, luolong009, aally, perfect689market, gouzha, ergouzi2019, alimama04, Hai003, Dang04, Xue01, supremedh, peaceminous529, childlike03, wuwensong04, wingyou, chill888, Oicoconut, nugetshoodie, supdhgate88, fashionista_88, jubaopen02, buyganpangdht, buyannadhty, unpibuydhtuy, shinyshoesa, mr_wardrobes, dhnetlv, lin1897m, zhuoliflag, fanlin fashion, jiajia123456, Magic City, Willbob, jianghong8005, let it go meili, Ladybeard, Warmth, Hot Coat, LIUYUCHAO, TANGSHURONG, LINXIULAN, WanliliLLL, SIQIULIU, surprise jie, quexiangping, DAAD HONGB BAOKOU FATION WEARING SHOP, chenyingdi, liucanshopren, zjvbId, ccq7, liufeishop, Leahllk, AlvaCamilleqYaAaB, DeniseyH8M4445y, keisermrlxgvy, Nianfang Store, zuyronhey, Torreshio, wyfeheya, Geadfiste, Mianjingyue, Brecstracke, denyabaozhu, chexixnhey, matteoantho, KidsMart2, Helpful Hand 8893, lykajsbnjaff, zhangjiucheng51040, zhanyiwen51294, youbingyao51065, yangshengping51315, 1542100815 Store and Funtees Shop Store added to case caption. (Ziegler, Amy) |
| Jan 7, 2022 | 41 | preliminary injunction (18) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/7/2022:(rao, ) |
| Jan 7, 2022 | 40 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [29] is granted. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) [34] is granted. Any defendant objecting to plaintiff's motion for entry of default and default judgment [36] must enter an appearance and file a written objection by 1/21/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Jan 6, 2022 | 39 | notice of filing (2) Docket Text: NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for entry of default MOTION by Plaintiff Robert Diggs for default judgment as to all Defendants[36] (Begert, Isaku) |
| Jan 6, 2022 | 38 | Exhibit 1 (83) |
| Jan 6, 2022 | 38 | Main Document (2) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[37] (Attachments: # (1) Exhibit 1)(Begert, Isaku) |
| Jan 6, 2022 | 37 | Exhibit 1 (8) |
| Jan 6, 2022 | 37 | Main Document (14) Docket Text: MEMORANDUM by Robert Diggs in support of motion for entry of default, motion for default judgment[36] (Attachments: # (1) Exhibit 1)(Begert, Isaku) |
| Jan 6, 2022 | 36 | motion for entry of default (2) Docket Text: MOTION by Plaintiff Robert Diggs for entry of default , MOTION by Plaintiff Robert Diggs for default judgment as to all Defendants (Begert, Isaku) |
| Jan 6, 2022 | 35 | amended document (7) Docket Text: AMENDED exhibit[2] Amended Schedule A (Begert, Isaku) |
| Jan 6, 2022 | 34 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff Robert Diggs for Leave to Amend Schedule A to the Complaint Instanter (Begert, Isaku) |
| Dec 14, 2021 | 33 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction [29] under advisement and will consider the motion unopposed if no defendant appears and objects by 1/3/2022. (rao, ) |
| Dec 8, 2021 | 32 | Declaration of Marcella D. Slay (2) |
| Dec 8, 2021 | 32 | Main Document (2) Docket Text: SUMMONS Returned Executed by Robert Diggs as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/8/2021, answer due 12/29/2021. (Attachments: # (1) Declaration of Marcella D. Slay)(Slay, Marcella) |
| Dec 8, 2021 | 31 | notice of filing (2) Docket Text: NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for preliminary injunction [29] (Begert, Isaku) |
| Dec 8, 2021 | 30 | Exhibit 1 (32) |
| Dec 8, 2021 | 30 | Declaration of Isaku M. Begert (2) |
| Dec 8, 2021 | 30 | Main Document (6) Docket Text: MEMORANDUM by Robert Diggs in support of motion for preliminary injunction[29] (Attachments: # (1) Declaration of Isaku M. Begert, # (2) Exhibit 1)(Begert, Isaku) |
| Dec 8, 2021 | 29 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Robert Diggs for preliminary injunction (Begert, Isaku) |
| Dec 8, 2021 | 28 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Robert Diggs by Marcella Deshonda Slay (Slay, Marcella) |
| Dec 1, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jmk, ) |
| Nov 24, 2021 | 27 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/24/2021:(rao, ) |
| Nov 24, 2021 | 26 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold[23]: For the reasons set forth in Plaintiff's motion for extension of time [23] and in the court's order granting the temporary restraining order [21], Plaintiff's motion to extend the TRO [23] is granted. The temporary restraining order is extended to 12/13/2021. (rao, ) |
| Nov 23, 2021 | 25 | notice of filing (1) Docket Text: NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for extension of time of Temporary Restraining Order[23] (Gaudio, Justin) |
| Nov 23, 2021 | 24 | Declaration of Justin R. Gaudio (1) |
| Nov 23, 2021 | 24 | Main Document (2) Docket Text: MEMORANDUM by Robert Diggs in support of extension of time[23] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Nov 23, 2021 | 23 | extension of time (1) Docket Text: MOTION by Plaintiff Robert Diggs for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Nov 18, 2021 | 22 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by Robert Diggs. (Document not scanned) (rc, ) |
| Nov 15, 2021 | 20 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal [3], for electronic service of process [15], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [10] 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 defendants, 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 sales 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 defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| Nov 15, 2021 | 21 | SEALED Order (18) Docket Text: (UNSEALED) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/15/2021:(rao, ) Modified on 1/10/2022 (jg, ). |
| Nov 12, 2021 | 18 | notice of filing (2) Docket Text: NOTICE by Robert Diggs re MOTION by Plaintiff Robert Diggs for leave to file under seal[3], MOTION by Plaintiff Robert Diggsfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15], MOTION by Plaintiff Robert Diggs for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10] (Gaudio, Justin) |
| Nov 12, 2021 | 19 | other (6) Docket Text: Notice of Claims Involving Trademarks by Robert Diggs (Gaudio, Justin) |
| Nov 12, 2021 | 17 | Exhibit 2 (23) |
| Nov 12, 2021 | 17 | Exhibit 1 (11) |
| Nov 12, 2021 | 17 | Main Document (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Nov 12, 2021 | 16 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Robert Diggs in support of motion for miscellaneous relief[15] (Gaudio, Justin) |
| Nov 12, 2021 | 15 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff Robert Diggsfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Nov 12, 2021 | 14 | Exhibit 2-3 (21) |
| Nov 12, 2021 | 14 | Exhibit 2-2 (386) |
| Nov 12, 2021 | 14 | Exhibit 2-1 (417) |
| Nov 12, 2021 | 14 | Main Document (1) Docket Text: DECLARATION of Allie Shapland Exhibit 2 Parts 1-3 by Plaintiff Robert Diggs Exhibit 2 - Parts 1 - 3 regarding declaration[13] (Attachments: # (1) Exhibit 2-1, # (2) Exhibit 2-2, # (3) Exhibit 2-3)(Gaudio, Justin) Modified on 1/10/2022 (jg, ). |
| Nov 12, 2021 | 13 | Exhibit 1 (16) |
| Nov 12, 2021 | 13 | Main Document (14) Docket Text: DECLARATION of Allie Shapland regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) |
| Nov 12, 2021 | 12 | Exhibit 4 (64) |
| Nov 12, 2021 | 12 | Exhibit 3 (62) |
| Nov 12, 2021 | 12 | Exhibit 2 (3) |
| Nov 12, 2021 | 12 | Exhibit 1 (6) |
| Nov 12, 2021 | 12 | Main Document (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Nov 12, 2021 | 11 | memorandum in support of motion (16) Docket Text: MEMORANDUM by Robert Diggs in support of motion for temporary restraining order[10] (Gaudio, Justin) |
| Nov 12, 2021 | 10 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff Robert Diggs for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Nov 10, 2021 | 9 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (daj, ) |
| Nov 10, 2021 | 8 | Patent/Trademark report (16) Docket Text: MAILED trademark report to Patent Trademark Office, Alexandria VA (daj, ) |
| Nov 8, 2021 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Robert Diggs by Isaku Begert (Begert, Isaku) |
| Nov 8, 2021 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Robert Diggs by Amy Crout Ziegler (Ziegler, Amy) |
| Nov 8, 2021 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Robert Diggs by Justin R. Gaudio (Gaudio, Justin) |
| Nov 8, 2021 | 4 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Nov 8, 2021 | 3 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Robert Diggs for leave to file under seal (Gaudio, Justin) |
| Nov 8, 2021 | 2 | exhibit (7) Docket Text: EXHIBIT by Plaintiff Robert Diggs Schedule A regarding complaint[1] (Gaudio, Justin) Modified on 1/10/2022 (jg, ). |
| Nov 8, 2021 | 1 | Exhibit 4 (55) |
| Nov 8, 2021 | 1 | Exhibit 3 (48) |
| Nov 8, 2021 | 1 | Exhibit 2 (6) |
| Nov 8, 2021 | 1 | Exhibit 1 (16) |
| Nov 8, 2021 | 1 | Main Document (19) Docket Text: COMPLAINT filed by Robert Diggs; Filing fee $ 402, receipt number 0752-18850500. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Nov 8, 2021 | N/A | clerk's notice (0) Docket Text: 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 judgement, 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. (ak, ) |
| Nov 8, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (ak, ) |
