Case number 1:19-cv-06484
Roor International BV et al v. Low Frank's Tobacco, Inc., et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 2, 2021 | 29 | entered judgment (1) Docket Text: ENTERED JUDGMENT Signed by the Clerk on 9/2/2021. Mailed notice (dal, ) |
| Aug 27, 2021 | 28 | order on motion for default judgment (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 8/27/2021. Only Plaintiffs appear. Plaintiff's motion for default final judgment against all defendants [26] is granted. Plaintiff seeks an award of statutory damages against Defendants Low Frank's Tobacco, Inc. and Efrain Aguilera in the amount of $15,000 for violations of the Lanham Act, 15 U.S.C. § 1114. See 15 U.S.C. § 1117 (allowing for statutory damages, in lieu of recovery of actual damages and profits, in an amount not less than $1,000 or more than $200,000 or, in the case of willful conduct, not more than $2,000,000, per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just). The Court previously entered default against both Defendants on 6/29/2021 [25]. For purposes of the default judgment motion, the Court accepts as true the allegations of the complaint as to liability. The Court has considered those allegations as well as the declarations submitted in support of Plaintiff's motion. Having considered the record in the absence of adversarial presentation, the Court finds Plaintiff's request for $15,000 in statutory damages to be reasonable and appropriate. Accordingly, Plaintiff is awarded $15,000 in damages and $828.55 in costs for a total award of $15,828.55. The Clerk is directed to enter Judgment in favor of Plaintiff if the total amount of $15,828.55. Civil case terminated. Mailed notice (dal, ) |
| Aug 13, 2021 | 27 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for default final judgment against all defendants [26] is set for a telephonic motion hearing on 8/27/2021 at 11:00 AM. Any party wishing to appear and oppose the entry of judgment by default shall file an appearance and contact the courtroom deputy (david_lynn@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
| Jul 20, 2021 | 26 | Exhibit 3 (4) |
| Jul 20, 2021 | 26 | Exhibit 2 (5) |
| Jul 20, 2021 | 26 | Exhibit 1 (2) |
| Jul 20, 2021 | 26 | Main Document (11) Docket Text: MOTION by Plaintiffs Roor International BV, Sream, Inc. for default judgment as to (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Langone, Christopher) |
| Jun 29, 2021 | 25 | order on motion for entry of default (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for entry of default judgment as to all defendants [24] is granted as follows. The Clerk is directed to enter default as to Defendants Low Frank's Tobacco, Inc. d/b/a Low Bob's Discount Tobacco and Efrain Aguilera, as both Defendants have been served [12], [14], and they have failed to plead or otherwise defend within the required time period. Plaintiffs are directed to file prove-up materials in the form of a motion for entry of default judgment by no later than 7/20/2021. If Plaintiffs are unable to file their prove-up materials for entry of entry by 7/20/2021, then they must file a short status report by that date showing good cause why the are unable to do so. Mailed notice (dal, ) |
| Feb 22, 2021 | 24 | motion for entry of default (2) Docket Text: MOTION by Plaintiffs Roor International BV, Sream, Inc. for entry of default (Langone, Christopher) |
| Feb 18, 2021 | 23 | status report (1) Docket Text: STATUS Report by Roor International BV, Sream, Inc. (Langone, Christopher) |
| Feb 8, 2021 | 22 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: In Plaintiff's status report dated 6/2/2020 [20], Plaintiff indicated that it would be filing a motion for entry of default judgment within 14 days. Yet, as of 2/8/2021, no such motion has been filed and the Court has not heard anything further from Plaintiff. Accordingly, by 2/16/2021, Plaintiff shall file a short status report either confirming that it intends to move forward with a motion for default judgment or stating its alternative plans for bringing this matter to conclusion. Plaintiff is advised that failure to file the status report by 2/16/2021 as directed may result in this case being dismissed for want of prosecution pursuant to Fed. R. Civ. P. 41(b). Mailed notice (dal, ) |
| Jul 10, 2020 | 21 | order (8) Docket Text: ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket) |
| Jun 2, 2020 | 20 | status report (1) Docket Text: STATUS Report by Roor International BV, Sream, Inc. (Langone, Christopher) |
| May 26, 2020 | 19 | order (8) Docket Text: ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, ) |
| May 15, 2020 | 18 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: At the request of plaintiffs' counsel, the deadline to file a status report pursuant to Third Amended General Order 20-0012 is extended to 6/1/2020. Mailed notice. (dal, ) |
| Apr 24, 2020 | 17 | order (11) Docket Text: ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, ) |
| Mar 30, 2020 | 16 | order (10) Docket Text: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) |
| Mar 16, 2020 | 15 | order (5) Docket Text: ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) |
| Mar 6, 2020 | 14 | summons returned executed (1) Docket Text: SUMMONS Returned Executed by Roor International BV, Sream, Inc. as to Low Frank's Tobacco, Inc. on 11/7/2019, answer due 11/28/2019. (Langone, Christopher) |
| Mar 3, 2020 | 13 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Only counsel for Plaintiff appeared. Pursuant to the discussion held in open court, Plaintiffs' oral motion for entry of default is granted. The Court enters default against Defendants Low Frank's Tobacco, Inc. and Efrain Aguilera in accordance with FRCP 55(a). Plaintiffs informed the Court that Plaintiffs intend to file a motion for entry of default judgment, with supporting materials, prior to the next status hearing. Plaintiffs shall provide Defendants with a copy of the Court's default order and motion for default judgment by certified mail or other method that provides proof of delivery. Status hearing set for 4/1/2020 at 9:00 AM. Mailed notice (ef, ) |
| Mar 3, 2020 | 12 | summons returned executed (1) Docket Text: SUMMONS Returned Executed by Roor International BV, Sream, Inc. as to Efrain Aguilera on 1/29/2020, answer due 2/19/2020. (Langone, Christopher) |
| Feb 4, 2020 | 11 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Only counsel for Plaintiffs appeared. Pursuant to the discussion held in open court, the status hearing is continued to 3/3/2020 at 9:00 AM. Mailed notice (ef, ) |
| Jan 29, 2020 | 10 | order on motion to reset (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's Motion to reset status hearing [8] is granted. Status hearing set for 1/29/2020 is stricken and reset for 2/4/2020 at 09:00 AM. The motion presentment date of 1/29/2020 is stricken; parties need not appear. Mailed notice (ef, ) |
| Jan 28, 2020 | 9 | notice of motion (1) Docket Text: NOTICE of Motion by Christopher V. Langone for presentment of motion to reset[8] before Honorable Andrea R. Wood on 1/29/2020 at 09:00 AM. (Langone, Christopher) |
| Jan 28, 2020 | 8 | motion to reset (2) Docket Text: MOTION by Plaintiffs Roor International BV, Sream, Inc. to reset status of 1/29/20 until 2/4/20 (unopposed due to no Defendant appeared) (Langone, Christopher) |
| Dec 3, 2019 | 7 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Only counsel for Plaintiffs' appeared. Pursuant to the discussion held in open court, the status hearing is continued to 1/29/2020 at 9:00 AM. Mailed notice (ef, ) |
| Nov 6, 2019 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant Efrain Aguilera (jn, ) |
| Oct 29, 2019 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant Low Frank's Tobacco, Inc. (lma, ) |
| Oct 2, 2019 | 6 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 12/3/2019 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) |
| Oct 1, 2019 | 5 | Notice re Mandatory Initial Discovery Pilot(MIDP) (1) Docket Text: NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (smm, ) |
| Oct 1, 2019 | 4 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (smm, ) |
| Oct 1, 2019 | 3 | Trademark Information (8) |
| Oct 1, 2019 | 3 | Main Document (1) Docket Text: MAILED trademark report to Patent Trademark Office, Alexandria VA (Attachments: # (1) Trademark Information).(smm, ) |
| Sep 30, 2019 | 2 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiffs ROOR INTERNATIONAL BV, SREAM, INC. by Christopher V. Langone (Langone, Christopher) |
| Sep 30, 2019 | 1 | Civil Cover Sheet (1) |
| Sep 30, 2019 | 1 | Exhibit PI report (9) |
| Sep 30, 2019 | 1 | Exhibit E. Product Purchase from Defendant (8) |
| Sep 30, 2019 | 1 | Exhibit D. Agreement Scream Roor international (2) |
| Sep 30, 2019 | 1 | Exhibit C. License Agreement (26) |
| Sep 30, 2019 | 1 | Exhibit B. RooR Trademark Registrations (6) |
| Sep 30, 2019 | 1 | Exhibit A. USPTO- Notice of Recordation of Assignment (2) |
| Sep 30, 2019 | 1 | Main Document (20) Docket Text: COMPLAINT filed by ROOR INTERNATIONAL BV, SREAM, INC.; Filing fee $ 400, receipt number 0752-16288392. (Attachments: # (1) Exhibit A. USPTO- Notice of Recordation of Assignment, # (2) Exhibit B. RooR Trademark Registrations, # (3) Exhibit C. License Agreement, # (4) Exhibit D. Agreement Scream Roor international, # (5) Exhibit E. Product Purchase from Defendant, # (6) Exhibit PI report, # (7) Civil Cover Sheet)(Langone, Christopher) |
| Sep 30, 2019 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (acm, ) |
