Case number 1:23-cv-03431
OnMyWhey, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 23, 2023 | 43 | DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 8/23/2023. Mailed notice(gel, ) (Entered: 08/23/2023) (12) |
| Aug 23, 2023 | 42 | MINUTE entry before the Honorable John Robert Blakey: Motion hearing held 8/23/2023 on Plaintiff's motion for entry of default and default judgment 37 . No defendant having answered or appeared to object to the motion or otherwise, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion for entry of default and default judgment. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice (gel, ) (Entered: 08/23/2023) (1) |
| Aug 21, 2023 | 41 | ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Trevor Christian Talhami (Talhami, Trevor) (Entered: 08/21/2023) (1) |
| Aug 17, 2023 | 40 | NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment 37 before Honorable John Robert Blakey on 8/23/2023 at 11:00 AM. (Joseph, Justin) (Entered: 08/17/2023) (2) |
| Aug 17, 2023 | 39 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 38 (Attachments: # 1 Exhibit 1)(Joseph, Justin) (Entered: 08/17/2023) (0) |
| Aug 17, 2023 | 38 | MEMORANDUM by OnMyWhey, LLC in support of motion for entry of default, motion for default judgment 37 (Attachments: # 1 Exhibit 1)(Joseph, Justin) (Entered: 08/17/2023) (0) |
| Aug 17, 2023 | 37 | MOTION by Plaintiff OnMyWhey, LLC for entry of default , MOTION by Plaintiff OnMyWhey, LLC for default judgment as to all Defendants (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 08/17/2023) (0) |
| Jul 26, 2023 | 36 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 7/26/2023. Mailed notice(gel, ) (Entered: 07/26/2023) (12) |
| Jul 26, 2023 | 35 | MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/26/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 31 . Accordingly, and based upon the same findings made in this Court's TRO 25 , this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 31 . Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 9/7/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 07/26/2023) (1) |
| Jul 21, 2023 | 34 | SUMMONS Returned Executed by OnMyWhey, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/21/2023, answer due 8/11/2023. (Attachments: # 1 Declaration of Andrew D. Burnham, # 2 Exhibit A)(Burnham, Andrew) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 33 | NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 31 before Honorable John Robert Blakey on 7/26/2023 at 11:00 AM. (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 32 | MEMORANDUM by OnMyWhey, LLC in support of motion for preliminary injunction 31 (Attachments: # 1 Declaration of Justin T. Joseph, # 2 Exhibit 1)(Joseph, Justin) (Entered: 07/21/2023) (0) |
| Jul 21, 2023 | 31 | MOTION by Plaintiff OnMyWhey, LLC for preliminary injunction (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 07/21/2023) (0) |
| Jul 10, 2023 | 30 | MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 27 to extend the temporary restraining order entered 6/29/23 25 . The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 7/27/23. The 7/12/23 Notice of Motion date is stricken. Mailed notice (smm) (Entered: 07/10/2023) (1) |
| Jul 7, 2023 | 29 | NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 27 before Honorable John Robert Blakey on 7/12/2023 at 11:00 AM. (Joseph, Justin) (Entered: 07/07/2023) (1) |
| Jul 7, 2023 | 28 | MEMORANDUM by OnMyWhey, LLC in support of extension of time 27 (Attachments: # 1 Declaration of Justin T. Joseph)(Joseph, Justin) (Entered: 07/07/2023) (0) |
| Jul 7, 2023 | 27 | MOTION by Plaintiff OnMyWhey, LLC for extension of time of Temporary Restraining Order (Joseph, Justin) (Entered: 07/07/2023) (1) |
| Jul 5, 2023 | 26 | SURETY BOND in the amount of $ 10,000 posted by OnMyWhey, LLC. (Document not Scanned) (jh, ) (Entered: 07/06/2023) (1) |
| Jun 29, 2023 | N/A | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (sxh, ) (Entered: 06/29/2023) (0) |
| Jun 29, 2023 | 25 | SEALED ORDER Signed by the Honorable John Robert Blakey on 6/29/2023. Mailed notice(gel, ) (Entered: 06/29/2023) (0) |
| Jun 29, 2023 | 24 | MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motions for leave to seal 5 and for electronic service of process 19 . Based upon the same materials, the Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged that Defendants "without any authorization or license from OnMyWhey, have jointly and severally, knowingly and willfully offered for sale, sold, and/or imported into the United States for subsequent resale or use the same product that infringes directly and/or indirectly the OnMyWhey Designs," 1 20 , and that they "share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use;" "include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images"; and "bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." 1 17; 17 13. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. The Court grants Plaintiff's ex parte motion for entry of a temporary restraining order 14 . Enter sealed temporary restraining order. Absent further order, this TRO will expire on 7/13/23. The 6/30/23 motion hearing is stricken as to all motions. Mailed notice (gel, ) (Entered: 06/29/2023) (2) |
| Jun 27, 2023 | 23 | MINUTE entry before the Honorable John Robert Blakey: The Court resets the hearing on Plaintiff's motion for miscellaneous relief 19 , motion for temporary restraining order 14 , and motion for leave to file 5 from 6/28/2023 to 6/30/2023 at 11:00 AM. The 6/28/2023 Notice of Motion date is stricken. Mailed notice (gel, ) (Entered: 06/27/2023) (1) |
| Jun 21, 2023 | 22 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 19 , motion for temporary restraining order 14 , motion for leave to file 5 before Honorable John Robert Blakey on 6/28/2023 at 11:00 AM. (Gaudio, Justin) (Entered: 06/21/2023) (2) |
| Jun 6, 2023 | 21 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 06/06/2023) (0) |
| Jun 6, 2023 | 20 | MEMORANDUM by OnMyWhey, LLC in support of motion for miscellaneous relief 19 (Gaudio, Justin) (Entered: 06/06/2023) (5) |
| Jun 6, 2023 | 19 | MOTION by Plaintiff OnMyWhey, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 06/06/2023) (1) |
| Jun 6, 2023 | 18 | SEALED EXHIBIT by Plaintiff OnMyWhey, LLC Exhibit 2 regarding declaration 17 (Attachments: # 1 Exhibit 2)(Gaudio, Justin) (Entered: 06/06/2023) (0) |
| Jun 6, 2023 | 17 | DECLARATION of Kayvon Pourmirzaie regarding memorandum in support of motion 15 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 06/06/2023) (0) |
| Jun 6, 2023 | 16 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 06/06/2023) (0) |
| Jun 6, 2023 | 15 | MEMORANDUM by OnMyWhey, LLC in support of motion for temporary restraining order 14 (Gaudio, Justin) (Entered: 06/06/2023) (15) |
| Jun 6, 2023 | 14 | MOTION by Plaintiff OnMyWhey, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 06/06/2023) (2) |
| Jun 1, 2023 | 13 | MAILED patent report to Patent Trademark Office, Alexandria VA (rp, ) (Entered: 06/01/2023) (30) |
| May 31, 2023 | 12 | ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Andrew Daniel Burnham (Burnham, Andrew) (Entered: 05/31/2023) (1) |
| May 31, 2023 | 11 | ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Justin Tyler Joseph (Joseph, Justin) (Entered: 05/31/2023) (1) |
| May 31, 2023 | 10 | ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Amy Crout Ziegler (Ziegler, Amy) (Entered: 05/31/2023) (1) |
| May 31, 2023 | 9 | ATTORNEY Appearance for Plaintiff OnMyWhey, LLC by Justin R. Gaudio (Gaudio, Justin) (Entered: 05/31/2023) (1) |
| May 31, 2023 | 8 | Notice of Claims Involving Patents by OnMyWhey, LLC (Gaudio, Justin) (Entered: 05/31/2023) (5) |
| May 31, 2023 | 7 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by OnMyWhey, LLC (Gaudio, Justin) (Entered: 05/31/2023) (1) |
| May 31, 2023 | 6 | CIVIL Cover Sheet (Gaudio, Justin) (Entered: 05/31/2023) (1) |
| May 31, 2023 | 5 | MOTION by Plaintiff OnMyWhey, LLC for leave to file under seal (Gaudio, Justin) (Entered: 05/31/2023) (2) |
| May 31, 2023 | 4 | ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. OnMyWhey, LLC is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee. (jcc, ) (Entered: 05/31/2023) (0) |
| May 31, 2023 | N/A | 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. (jcc, ) (Entered: 05/31/2023) (0) |
| May 31, 2023 | N/A | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jcc, ) (Entered: 05/31/2023) (0) |
| May 31, 2023 | 3 | SEALED EXHIBIT by Plaintiff OnMyWhey, LLC Exhibit 1 regarding complaint 1 (Gaudio, Justin) (Entered: 05/31/2023) (0) |
| May 31, 2023 | 2 | SEALED EXHIBIT by Plaintiff OnMyWhey, LLC Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 05/31/2023) (0) |
| May 31, 2023 | 1 | Complaint* (1) |
