Case number 1:21-cv-00976
NakeFit USA, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 7, 2022 | 45 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order, terminated case[43] in the amount of $500,000 as to certain defendant (Christensen, Jake) |
| May 11, 2021 | 44 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order, terminated case[43] in the amount of $500,000 as to certain defendants (Christensen, Jake) |
| May 4, 2021 | 43 | order (8) Docket Text: FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 5/4/2021. Mailed notice (lma, ) |
| May 4, 2021 | 42 | 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 [37]. The motion [37] is granted. Based on the evidence submitted in support of plaintiff's motion and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that statutory damages should be awarded in the amount of $500,000 per defendant, 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 an injunction. The ten thousand dollars ($10,000) bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of Court is directed to return the $10,000 bond previously deposited with the Clerk of Court, plus any interest, to Plaintiff's counsel Justin R. Gaudio, Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606. Enter Final Judgment Order. Signed by the Honorable Martha M. Pacold on 5/4/2021. Mailed notice (lma, ) |
| Apr 26, 2021 | 41 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintikff's motion for entry of default and for default judgment [37] must enter an appearance and file a written objection by 5/3/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Apr 22, 2021 | 40 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant ygnngc HUI at Line No 18 is hereby dismissed with leave to reinstate within two hundred and seventy days (270) pursuant to the Notice of Dismissal Under Rule 41(a)(1) [36] filed by plaintiff on 4/22/2021. ygnngc HUI terminated. (rao, ) |
| Apr 22, 2021 | 39 | notice of filing (2) Docket Text: NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for entry of default MOTION by Plaintiff NakeFit USA, LLC for default judgment as to all Defendants[37] (Gaudio, Justin) |
| Apr 22, 2021 | 38 | Exhibit 1 (83) |
| Apr 22, 2021 | 38 | Declaration of Justin R. Gaudio (2) |
| Apr 22, 2021 | 38 | Main Document (14) Docket Text: MEMORANDUM by NakeFit USA, LLC in support of motion for entry of default, motion for default judgment[37] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Apr 22, 2021 | 37 | motion for entry of default (2) Docket Text: MOTION by Plaintiff NakeFit USA, LLC for entry of default , MOTION by Plaintiff NakeFit USA, LLC for default judgment as to all Defendants (Gaudio, Justin) |
| Apr 22, 2021 | 36 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by NakeFit USA, LLC as to a Certain Defendant (Gaudio, Justin) |
| Apr 6, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Shop1230303 Store, Hirigin Wardrobe Store, Unique Swimsuits Store, Kareem Store, Awesome Online Store, Devil training gym Store, Yingming Animal Products Store Store, BuyBest Care Store, shop725750 store, mummum, Lifestyle Companion, Ailin84Li, chunmiaomakeups, jsdhaw, Rabbit Sister Store, HYCY, playing1995, ygnngc HUI, Birthdaycake, IdealTree, FENG YOKE STORE, yelindian, sdgryetujy, Certained, HopEFulo, qianhongguang, zhengsongbing, Tao001, angel tang.my, cysn12.my and Li Pooh Bear added to case caption. (Ziegler, Amy) |
| Apr 1, 2021 | 35 | 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 4/1/2021. Mailed notice (mc, ) |
| Apr 1, 2021 | 34 | preliminary injunction (9) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/1/2021:(rao, ) |
| Apr 1, 2021 | 33 | 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 [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 are located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Mar 23, 2021 | 32 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve 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 3/30/2021. (rao, ) |
| Mar 22, 2021 | 31 | notice of filing (2) Docket Text: NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for preliminary injunction [29] (Gaudio, Justin) |
| Mar 22, 2021 | 30 | Exhibit 1 (32) |
| Mar 22, 2021 | 30 | Declaration of Justin R. Gaudio (2) |
| Mar 22, 2021 | 30 | Main Document (6) Docket Text: MEMORANDUM by NakeFit USA, LLC in support of motion for preliminary injunction[29] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Mar 22, 2021 | 29 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff NakeFit USA, LLC for preliminary injunction (Gaudio, Justin) |
| Mar 22, 2021 | 28 | Declaration of Isaku Begert (2) |
| Mar 22, 2021 | 28 | Main Document (2) Docket Text: SUMMONS Returned Executed by NakeFit USA, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 3/22/2021, answer due 4/12/2021. (Attachments: # (1) Declaration of Isaku Begert)(Begert, Isaku) |
| Mar 22, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (sxh, ) |
| Mar 11, 2021 | 27 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/11/2021:(rao, ) |
| Mar 11, 2021 | 26 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: 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 [22], Plaintiff's motion to extend the TRO [23] is granted. The temporary restraining order is extended to 3/25/2021. (rao, ) |
| Mar 8, 2021 | 25 | notice of filing (1) Docket Text: NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLC for extension of time of Temporary Restraining Order[23] (Gaudio, Justin) |
| Mar 8, 2021 | 24 | Declaration of Justin R. Gaudio (1) |
| Mar 8, 2021 | 24 | Main Document (2) Docket Text: MEMORANDUM by NakeFit USA, LLC in support of extension of time[23] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Mar 8, 2021 | 23 | extension of time (1) Docket Text: MOTION by Plaintiff NakeFit USA, LLC for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Mar 4, 2021 | N/A | bond (0) Docket Text: CHECK BOND in the amount of $10,000.00 posted by NakeFit USA, LLC. Receipt No. 4624253480. (ec, ) |
| Feb 25, 2021 | 22 | SEALED Order (9) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/25/2021:(rao, ) Modified on 4/1/2021 (mc, ). |
| Feb 25, 2021 | 21 | 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, [3], [10], [15], 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 [10], including a temporary injunction, a temporary asset restraint and expedited discovery 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, ) |
| Feb 23, 2021 | 20 | other (2) Docket Text: Notice of Claims Involving Trademarks by NakeFit USA, LLC (Gaudio, Justin) |
| Feb 23, 2021 | 19 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NakeFit USA, LLC (Gaudio, Justin) |
| Feb 23, 2021 | 18 | notice of filing (2) Docket Text: NOTICE by NakeFit USA, LLC re MOTION by Plaintiff NakeFit USA, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15], MOTION by Plaintiff NakeFit USA, LLC for leave to file Under Seal[3], MOTION by Plaintiff NakeFit USA, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10] (Gaudio, Justin) |
| Feb 23, 2021 | 17 | Exhibit 2 (23) |
| Feb 23, 2021 | 17 | Exhibit 1 (11) |
| Feb 23, 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) |
| Feb 23, 2021 | 16 | memorandum in support of motion (5) Docket Text: MEMORANDUM by NakeFit USA, LLC in support of motion for miscellaneous relief[15] (Gaudio, Justin) |
| Feb 23, 2021 | 15 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff NakeFit USA, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Feb 23, 2021 | 14 | exhibit (30) Docket Text: SEALED EXHIBIT by Plaintiff NakeFit USA, LLC Exhibit 3 regarding declaration[13] (Gaudio, Justin) |
| Feb 23, 2021 | 13 | Exhibit 2 (12) |
| Feb 23, 2021 | 13 | Exhibit 1 (5) |
| Feb 23, 2021 | 13 | Main Document (11) Docket Text: DECLARATION of Yudhi Gautam regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Feb 23, 2021 | 12 | Exhibit 4 (64) |
| Feb 23, 2021 | 12 | Exhibit 3 (62) |
| Feb 23, 2021 | 12 | Exhibit 2 (3) |
| Feb 23, 2021 | 12 | Exhibit 1 (6) |
| Feb 23, 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) |
| Feb 23, 2021 | 11 | memorandum in support of motion (15) Docket Text: MEMORANDUM by NakeFit USA, LLC in support of motion for temporary restraining order[10] (Gaudio, Justin) |
| Feb 23, 2021 | 10 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff NakeFit USA, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Feb 23, 2021 | 9 | Exhibit (5) |
| Feb 23, 2021 | 9 | Main Document (1) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: # (1) Exhibit)(mc, ) |
| Feb 22, 2021 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Isaku Begert (Begert, Isaku) |
| Feb 22, 2021 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Jake Michael Christensen (Christensen, Jake) |
| Feb 22, 2021 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Feb 22, 2021 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff NakeFit USA, LLC by Justin R. Gaudio (Gaudio, Justin) |
| Feb 22, 2021 | 4 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Feb 22, 2021 | 3 | motion for leave to file (2) Docket Text: MOTION by Plaintiff NakeFit USA, LLC for leave to file Under Seal (Gaudio, Justin) |
| Feb 22, 2021 | 2 | exhibit (2) Docket Text: EXHIBIT by Plaintiff NakeFit USA, LLC Schedule A regarding complaint[1] (Gaudio, Justin) Modified on 4/1/2021 (mc, ). |
| Feb 22, 2021 | 1 | Exhibit 5 (55) |
| Feb 22, 2021 | 1 | Exhibit 4 (48) |
| Feb 22, 2021 | 1 | Exhibit 3 (6) |
| Feb 22, 2021 | 1 | Exhibit 2 (12) |
| Feb 22, 2021 | 1 | Exhibit 1 (5) |
| Feb 22, 2021 | 1 | Main Document (14) Docket Text: COMPLAINT filed by NakeFit USA, LLC; Filing fee $ 402, receipt number 0752-17950972. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Gaudio, Justin) |
| Feb 22, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jg, ) |
