Case number 1:21-cv-02362
Fitness Anywhere LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 11, 2021 | 47 | return (2) Docket Text: RETURN of U.S. Post Office Receipt, article No. 7019 2280 0000 0962 8545 (jh, ) |
| Jul 21, 2021 | 46 | order (8) Docket Text: FINAL JUDGMENT ORDER signed by the Honorable Martha M. Pacold on 7/21/2021. Mailed notice (jh, ) |
| Jul 21, 2021 | 45 | order on motion for entry of default (1) Docket Text: ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [41]. The motion [41] is granted. 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 written order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patent 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 defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an 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 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 7/21/2021. Mailed notice (jh, ) |
| Jul 21, 2021 | N/A | mailed (0) Docket Text: MAILED SURETY BOND in the amount of $ 10,000.00 posted by Fitness Anywhere LLC. filed 5/11/2021, [24], ORDER, and the Final Judgment Order dated 7/21/2021 to Justin R. Gaudio, Greer, Burns & Crain, Ltd. by USPS Certified Mail; Article No. 7019 2280 0000 0962 8545. (jh, ) Modified on 7/21/2021 (jh, ). |
| Jul 6, 2021 | 44 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any defendnat Any defendant objecting to Plaintiff's motion for entry of default and default judgment[41] must enter an appearance and file a written objection by 7/13/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Jul 2, 2021 | 43 | notice of filing (2) Docket Text: NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for entry of default as to all DefendantsMOTION by Plaintiff Fitness Anywhere LLC for default judgment as to all Defendants[41] (Gaudio, Justin) |
| Jul 2, 2021 | 42 | Exhibit 1 (83) |
| Jul 2, 2021 | 42 | Declaration of Justin R. Gaudio (2) |
| Jul 2, 2021 | 42 | memorandum in support of motion (12) Docket Text: MEMORANDUM by Fitness Anywhere LLC in support of motion for entry of default, motion for default judgment[41] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jul 2, 2021 | 41 | motion for entry of default (2) Docket Text: MOTION by Plaintiff Fitness Anywhere LLC for entry of default as to all Defendants, MOTION by Plaintiff Fitness Anywhere LLC for default judgment as to all Defendants (Gaudio, Justin) |
| Jul 1, 2021 | 40 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Fitness Anywhere LLC as to certain defendant (Christensen, Jake) |
| Jun 25, 2021 | 39 | order (1) Docket Text: ORDER: Defendants Sevendays-US at Line No. 5 and Rock deer at Line No. 7 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [38] filed by Plaintiff on 6/25/2021. Signed by the Honorable Martha M. Pacold on 6/25/2021. Mailed notice (jh, ) |
| Jun 25, 2021 | 38 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Fitness Anywhere LLC as to certain defendants (Christensen, Jake) |
| Jun 21, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: WonderCor eFitness Store, Shop900248459 Store, GUANNAI Store, Shop910333128 Store, Sevendays-US, ZGJJ, Rock deer, YangZhanHua, AA62X0GB5BG3Q, LARASTAR, cocopark800, home-life666, jewelry-base and softwind.orange added to case caption. (Ziegler, Amy) |
| Jun 17, 2021 | 36 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/17/2021:(rao, ) |
| Jun 17, 2021 | 35 | order on motion for preliminary injunction (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 [30] 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 are located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Jun 17, 2021 | 37 | order (1) Docket Text: ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 6/17/2021. Mailed notice(gcy, ) |
| Jun 2, 2021 | 34 | 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 [30] under advisement and will consider the motion unopposed if no defendant appears and objects by 6/14/2021. (rao, ) |
| May 28, 2021 | 33 | Declaration of Jake M. Christensen (2) |
| May 28, 2021 | 33 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Fitness Anywhere LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/28/2021, answer due 6/18/2021. (Attachments: # (1) Declaration of Jake M. Christensen)(Christensen, Jake) |
| May 28, 2021 | 32 | notice of filing (2) Docket Text: NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for preliminary injunction [30] (Gaudio, Justin) |
| May 28, 2021 | 31 | Exhibit 1 (32) |
| May 28, 2021 | 31 | Declaration of Justin R. Gaudio (2) |
| May 28, 2021 | 31 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Fitness Anywhere LLC in support of motion for preliminary injunction[30] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| May 28, 2021 | 30 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Fitness Anywhere LLC for preliminary injunction (Gaudio, Justin) |
| May 28, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (crl, ) |
| May 18, 2021 | 29 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/18/2021:(rao, ) |
| May 18, 2021 | 28 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order until 6/3/2021 [25] is granted. (rao, ) |
| May 17, 2021 | 27 | notice of filing (1) Docket Text: NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for extension of time of Temporary Restraining Order[25] (Gaudio, Justin) |
| May 17, 2021 | 26 | Declaration of Justin R. Gaudio (1) |
| May 17, 2021 | 26 | memorandum in support of motion (2) Docket Text: MEMORANDUM by Fitness Anywhere LLC in support of extension of time[25] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| May 17, 2021 | 25 | extension of time (1) Docket Text: MOTION by Plaintiff Fitness Anywhere LLC for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| May 11, 2021 | 24 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by Fitness Anywhere LLC. (Document not imaged) (td, ) |
| May 6, 2021 | 22 | 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 [4], [10], [15], the supporting memoranda, [11], [16], and the temporary restraining order, Plaintiff's motions for leave to file under seal [4], 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. Enter Sealed Temporary Restraining Order. (rao, ) |
| May 6, 2021 | 23 | SEALED Order (9) Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/6/2021:(rao, ) (Main Document 23 replaced on 5/7/2021) (rao, ). (Main Document 23 replaced on 5/7/2021) (rao, ). |
| May 5, 2021 | 21 | Patents (3) |
| May 5, 2021 | 21 | Patent/Trademark report (1) Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA. (Attachments: # (1) Patents)(aee, ) |
| May 4, 2021 | 20 | other (3) Docket Text: Notice of Claims Involving Patents by Fitness Anywhere LLC (Gaudio, Justin) |
| May 4, 2021 | 19 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fitness Anywhere LLC (Gaudio, Justin) |
| May 4, 2021 | 18 | notice of filing (2) Docket Text: NOTICE by Fitness Anywhere LLC re MOTION by Plaintiff Fitness Anywhere LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10], MOTION by Plaintiff Fitness Anywhere LLC for leave to file under seal[4], MOTION by Plaintiff Fitness Anywhere LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15] (Gaudio, Justin) |
| May 4, 2021 | 17 | Exhibit 2 (23) |
| May 4, 2021 | 17 | declaration (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| May 4, 2021 | 16 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Fitness Anywhere LLC in support of motion for miscellaneous relief[15] (Gaudio, Justin) |
| May 4, 2021 | 15 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff Fitness Anywhere LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| May 4, 2021 | 14 | Exhibit 2-2 (101) |
| May 4, 2021 | 14 | Exhibit 2-1 (117) |
| May 4, 2021 | 14 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Exhibit 2 - Parts 1-2 regarding declaration[13] (Attachments: # (1) Exhibit 2-1, # (2) Exhibit 2-2)(Gaudio, Justin) |
| May 4, 2021 | 13 | Exhibit 1 (6) |
| May 4, 2021 | 13 | declaration (9) Docket Text: DECLARATION of Michael Zuercher regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) |
| May 4, 2021 | 12 | Exhibit 2 (64) |
| May 4, 2021 | 12 | Exhibit 1 (6) |
| May 4, 2021 | 12 | declaration (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| May 4, 2021 | 11 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Fitness Anywhere LLC in support of motion for temporary restraining order[10] (Gaudio, Justin) |
| May 4, 2021 | 10 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff Fitness Anywhere LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| May 4, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (cl, ) |
| May 4, 2021 | 17 | Exhibit 1 (11) |
| May 3, 2021 | 1 | complaint (13) Docket Text: COMPLAINT filed by Fitness Anywhere LLC; Filing fee $ 402, receipt number 0752-18200697. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) |
| May 3, 2021 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Martin Francis Trainor (Trainor, Martin) |
| May 3, 2021 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Jake Michael Christensen (Christensen, Jake) |
| May 3, 2021 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Amy Crout Ziegler (Ziegler, Amy) |
| May 3, 2021 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Fitness Anywhere LLC by Justin R. Gaudio (Gaudio, Justin) |
| May 3, 2021 | 5 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| May 3, 2021 | 4 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Fitness Anywhere LLC for leave to file under seal (Gaudio, Justin) |
| May 3, 2021 | 3 | Exhibit 1 (218) |
| May 3, 2021 | 3 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Exhibit 1 regarding complaint[1] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) |
| May 3, 2021 | 2 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Fitness Anywhere LLC Schedule A regarding complaint[1] (Gaudio, Justin) |
| May 3, 2021 | 1 | Exhibit 5 (55) |
| May 3, 2021 | 1 | Exhibit 4 (48) |
| May 3, 2021 | 1 | Exhibit 3 (6) |
| May 3, 2021 | 1 | Exhibit 2 (6) |
| May 3, 2021 | 1 | Complaint* (1) |
