Case number 1:22-cv-01857
The Mountain Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 24, 2023 | 49 | RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 7630. (aee, ) (Entered: 01/25/2023) (2) |
| Jan 4, 2023 | 48 | FINAL JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 1/4/2023. Emailed notice (axc). (Entered: 01/04/2023) (9) |
| Jan 4, 2023 | 47 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment 43 . Pursuant to 15 U.S.C. § 1117(c)(2), THE MOUNTAIN CORPORATION is awarded statutory damages from each of the Defaulting Defendants in the amount of fifty thousand dollars ($50,000.00) for willful use of counterfeit THE MOUNTAIN Trademarks in connection with the sale of products through at least Defaulting Defendants' Online Marketplaces. This damages award is a reasonable balance between providing some measure of compensation and deterrence, without crossing the line into over-deterrence. The fifty thousand dollar ($50,000.00) award shall apply to each distinct Defaulting Defendant only once, even if they are listed under multiple different aliases in Schedule A. Enter Final Judgment Order. The ten thousand dollar ($10,000.00) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Michael A. Hierl of Hughes Socol Piers Resnick & Dym. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602. via certified mail. All other defendants are terminated as parties. Civil case terminated. Emailed notice (axc). (Entered: 01/04/2023) (2) |
| Dec 29, 2022 | 46 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/30/2022) (1) |
| Nov 8, 2022 | 44 | MEMORANDUM by The Mountain Corporation in support of motion for default judgment 43 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hierl, Michael) (Entered: 11/08/2022) (Exhibit 2) (28) |
| Nov 8, 2022 | 44 | MEMORANDUM by The Mountain Corporation in support of motion for default judgment 43 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hierl, Michael) (Entered: 11/08/2022) (Exhibit 1) (30) |
| Nov 8, 2022 | 45 | DECLARATION of Michael A. Hierl regarding motion for default judgment 43 (Attachments: # 1 Exhibit Hierl Exhibit 1)(Hierl, Michael) (Entered: 11/08/2022) (Exhibit Hierl Exhibit 1) (30) |
| Nov 8, 2022 | 45 | DECLARATION of Michael A. Hierl regarding motion for default judgment 43 (Attachments: # 1 Exhibit Hierl Exhibit 1)(Hierl, Michael) (Entered: 11/08/2022) (Main Document) (3) |
| Nov 8, 2022 | 44 | MEMORANDUM by The Mountain Corporation in support of motion for default judgment 43 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hierl, Michael) (Entered: 11/08/2022) (Main Document) (16) |
| Nov 8, 2022 | 43 | MOTION by Plaintiff The Mountain Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A (Hierl, Michael) (Entered: 11/08/2022) (2) |
| Nov 8, 2022 | 42 | DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) (Entered: 11/08/2022) (3) |
| Sep 2, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: zhuxiaolong1234, zhuyinan0407, zhuyongjian Store, zhuyuxiang66058, ZLmetals, zuowenchu Store, Bonnie Hokjge, chengweich, C-YDRAGON, fhxhjhhthb, FsaYIX, GaoMingHui, JOOLSSUN, lucksupers, Moxiu, shanxishihengkeoujianzhugongchengyouxiangongsi, shanxisupiaodianzishangwuyouxiangongsi, shenzhenshixinyishiyeyouxiangongsi, SHINYOK, sjraoa, sunchaoUS, Szyzsyyxgs, Toomyeen, UJJERYTOW, wnlvio, xianshixinchengquhoNgbianyubaihuodian, yiwushixiehao dianzishangwuyouxiangongsi, yiwushixulingmao yiyouxiangongsi, zaoqiangxianmengbaoshuiguodian, 100% cotton 12 Store, 100% cotton 18 Store, 100% cotton T-shirt 171 Store, 100% cotton T-shirt 54 Store, 100% cotton T-shirt BM Store, 100% Cotton T-shirts II Store, 100% Cotton T-shirts WW Store, AK008 Store, alibb586688good Store, bao li Store, Cotton T-shirt MM Store, Cotton T-shirts F Store, Cotton T-shirts N Store, DHD7 Store, Dongdong short-sleeved 09 Store, GODMENTEE06 Store, gon niu Store, Good design Store, GTT009 Store, HANG 99 Store, HX Factory No.6 Store, mu ma Store, my tshirt Store, PW-8 Store, QCIV Good Store, Qinyong Store, SDE2 Store, shop65465 Store, Shop911088022 Store, Shop911442170 Store, Shopper022 Store, Shopper07 Store, Shopper09 Store, Shopper15 Store, Shopper17 Store, Shopper29 Store, Shopper38 Store, ST008 Store, TNT008 Store, wj 03 Store, WT04 Store and XT02 Store added to case caption. (Kalbac, William) |
| Sep 2, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: DASHANG Store, ddsss Store, F102 Store, F34 Store, GHH28 Store, GT002 Store, hotting tshirt store 15123 Store, hotting tshirt store 15124 Store, it tshirt S Store, kaikai888 Store, KDH9 Store, KHL Store, LYJ 9988 Store, miaoshun Store, s18 Store, shop 5843624 Store, Shop5518107 Store, Shop910451209 Store, Shop910456150 Store, Shop910562383 Store, Shop910568352 Store, Shop910700005 Store, Shop910721088 Store, Shop911039141 Store, Shop911056220 Store, Shop911086015 Store, Shop911297060 Store, Shop911414191 Store, Shop911442148 Store, Shop911547093 Store, shop99900013 Store, ShopAliaeAbnewfuture Store, ShopAliaeBbnewfuture Store, ShopAliaeBdnewfuture Store, ShopAliaeCbnewfuture Store, ShopAliaeDfnewfuture Store, tqianqian Store, T-shirt 05 Store, T-shirt 07 Store, tshirts.00002 Store, Very good T-shirt 196 Store, Very good T-shirt 209 Store, Very good T-shirt uu Store, Very good T-shirt yy Store, xiaoalin Store, zhangli81726, zhangn268682, zhangnengyuan10950, zhangpei163, zhangpengjja, zhangshilei47329, zhangsong373664, zhangsumei81616, zhangweihua Store, zhangyanerer, zhangyulin88, zhangyusen123, zhangzhenyu0808, zhaodonggang6895, zhaohui01234, zhaojian01670, zhaojiangqian Store, zhaorulong Store, zhaotianpeng6868, zhaoyao Store, Zhaoyi28463, zhaoyongle77917, zhar9275, zhenxiaojie2618, Zhezheknittingshop, zhoufeifan38008, zhouguolan17636, zhoujiyong66058, zhoutiantian62687, zhouyawei5616, zhuguifan0209, zhuminggang17798, zhushuangsu66058 and zhutingting2095 added to case caption. (Kalbac, William) |
| Sep 2, 2022 | N/A | party added (0) Docket Text: NEW PARTIES: zhangjingying0667, zhangjunyuan4469, zhangwenqing4289, zhangxincheng24609, zhanhxianfang5201314, zhaokai76353, zhaoli97780, zhaozikang65511, zhenganbin37035, zhengjie07313, zhongwenhui Store, zhouliliya1120, 012 Store, 09 Store, 100% cotton 13 Store, 100% cotton printing 08 Store, 100% cotton tshirs.00001 Store, 100% cotton T-shirt 005Store Store, 100% cotton T-shirt 044 Store Store, 100% cotton T-shirt 105 Store, 100% cotton T-shirt 144 Store, 100% cotton T-shirt 30 Store, 100% cotton T-shirt 35 Store, 100% cotton T-shirt 44 Store, 100% cotton T-shirt 46 Store, 100% cotton T-shirt 47 Store, 100% cotton T-shirt 51 Store, 100% cotton T-shirt 57 Store, 100% cotton T-shirt KZ Store, 100% cotton tshirts 000888 Store, 100% Cotton T-shirts 30 Store, 100% Cotton T-shirts DD Store, 100% Cotton T-shirts I Store, 100% Cotton T-shirts L Store, 100% Cotton T-shirts PP Store, 100% cotton tshirts.... Store, 100% cotton tshirts666 Store, 100%cotton men women Tshirt Store, 100%cotton Tshirt old Store, 100& cotton tshirts Store, 131781316382 Store, 667788 Store, 98787eDSDFCC Store, Bienvenue Store, chogless Store, cotton T-shirt 666 Store, cotton T-shirt 77 Store, Cotton T-shirts B Store, Cotton T-shirts H Store, Cotton T-shirts L Store and Cotton T-shirts X Store added to case caption. (Kalbac, William) |
| Sep 1, 2022 | 41 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Franklin U. Valderrama on 9/1/2022. Mailed notice (axc). |
| Sep 1, 2022 | 40 | Add and Terminate Party (3) |
| Sep 1, 2022 | 40 | Main Document (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction [35] is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: Plaintiff's Schedule A to the Complaint [7]; Exhibit 2 to the Doyon Declaration [12-18]; Exhibit AA [23]; Plaintiff's Amended Schedule A to the Complaint [28]; and the TRO [30]. Hughes Socol Piers Resnick & Dym Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found in the attachment to this entry. Mailed notice (Attachments: # (1) Add and Terminate Party) (axc). |
| Aug 15, 2022 | 39 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by The Mountain Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/12/2022, answer due 9/2/2022. (Hierl, Michael) |
| Aug 10, 2022 | 38 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by The Mountain Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/10/2022, answer due 8/31/2022. (Hierl, Michael) |
| Aug 10, 2022 | 37 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[35] (Hierl, Michael) |
| Aug 10, 2022 | 36 | memorandum in support of motion (6) Docket Text: MEMORANDUM by The Mountain Corporation in support of motion for preliminary injunction[35] (Hierl, Michael) |
| Aug 10, 2022 | 35 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff The Mountain Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Aug 10, 2022 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jb, ) |
| Jul 29, 2022 | 34 | order (2) Docket Text: ORDER To Extend The Sealed Temporary Restraining Order Signed by the Honorable Franklin U. Valderrama on 7/29/2022. Mailed notice(lxs, ) |
| Jul 29, 2022 | 33 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiffs' Ex Parte Motion to Extend the Temporary Restraining Order [32]. The Temporary Restraining Order [30] shall now expire on August 15, 2022 at 6:00 p.m. Mailed notice (lxs, ) |
| Jul 27, 2022 | 32 | extension of time (3) Docket Text: MOTION by Plaintiff The Mountain Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Jul 14, 2022 | 31 | bond (1) Docket Text: SURETY BOND in the amount of $10,000.00 posted by The Mountain Corporation (Document not scanned). (lxk, ) |
| Jul 13, 2022 | 30 | SEALED Order (11) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Franklin U. Valderrama on 7/13/2022. Mailed notice (axc). (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Jul 13, 2022 | 29 | order on motion for temporary restraining order (3) Docket Text: ORDER: Plaintiff The Mountain Company (Plaintiff) alleges claims of trademark infringement, trademark counterfeiting, false designation of origin, and violation of the Illinois Uniform Deceptive Trade Practices Act against The Partnerships and Unincorporated Associations Identified on the Amended Schedule "A" (collectively, the Defendants). See R. 28. Plaintiff's pending renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and request for electronic service of process [26] is hereby granted. Provided that Plaintiff provides the security described in Paragraph 12 of the temporary restraining order, the temporary restraining order shall become effective on July 18, 2022 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Signed by the Honorable Franklin U. Valderrama on 7/13/2022. Mailed notice (axc). |
| Jun 9, 2022 | 28 | sealed document (1) Docket Text:Amended Schedule A by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Jun 9, 2022 | 27 | memorandum in support of motion (30) Docket Text: MEMORANDUM by The Mountain Corporation in support of motion for temporary restraining order, [26] (Hierl, Michael) |
| Jun 9, 2022 | 26 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff The Mountain Corporation for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Jun 3, 2022 | 25 | order on motion to seal document (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's Memorandum in Support of Joinder [22]. Plaintiff advises that joinder is proper for eleven defendants and attaches Exhibit AA, which pertains to those eleven defendants. By no later than 06/09/2022, Plaintiff must file a separate Amended Schedule A which only lists those eleven defendants. Also by 06/09/2022, Plaintiff shall file a revised motion for TRO, which pertains to the Amended Schedule A (the eleven defendants). Plaintiff's Motion for TRO [10] is denied without prejudice. Mailed notice (axc). |
| Jun 1, 2022 | 24 | status report (3) Docket Text: STATUS Report by The Mountain Corporation (Hierl, Michael) |
| Apr 21, 2022 | 23 | sealed document (7) Docket Text:Exhibit AA by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 21, 2022 | 22 | memorandum (4) Docket Text: MEMORANDUM by The Mountain Corporation Plaintiff's Memorandum in Support of Joinder (Hierl, Michael) |
| Apr 14, 2022 | 21 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Leave to File under Seal [6] and Plaintiff's Motion to Exceed Page Limitation [9]. The Court has reviewed the pending TRO motion and complaint, and directs Plaintiff to file a brief addressing the issue of joinder of all of the defendants on or before 04/21/2022. Mailed notice (axc). |
| Apr 12, 2022 | 20 | assigning/reassigning Case (2) Docket Text: EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 4/12/2022.(kl, ) |
| Apr 11, 2022 | 19 | other (5) Docket Text: Notice of Claims Involving Trademarks by The Mountain Corporation (Hierl, Michael) |
| Apr 11, 2022 | 18 | sealed document (30) Docket Text:Exhibit 2 Part 7 of Doyon Declaration by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 17 | sealed document (30) Docket Text:Exhibit 2 Part 6 of Doyon Declaration by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 16 | sealed document (30) Docket Text:Exhibit 2 Part 5 of Doyon Declaration by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 15 | sealed document (30) Docket Text:Exhibit 2 Part 4 of Doyon Declaration by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 14 | sealed document (30) Docket Text:Exhibit 2 Part 3 of Doyon Declaration by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 13 | sealed document (30) Docket Text:Exhibit 2 Part 2 of Doyon Declaration by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 12 | sealed document (30) Docket Text:Exhibit 2 Part 1 of Doyon Declaration by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 11 | Exhibit Hierl Exhibit 3 (33) |
| Apr 11, 2022 | 11 | Exhibit Hierl Exhibit 2 (20) |
| Apr 11, 2022 | 11 | Exhibit Hierl Exhibit 1 (11) |
| Apr 11, 2022 | 11 | Declaration Hierl Declaration (3) |
| Apr 11, 2022 | 11 | Exhibit Group Exhibit 1 (17) |
| Apr 11, 2022 | 11 | Declaration Doyon Declaration (8) |
| Apr 11, 2022 | 11 | Main Document (38) Docket Text: MEMORANDUM by The Mountain Corporation in support of motion for temporary restraining order, [10] (Attachments: # (1) Declaration Doyon Declaration, # (2) Exhibit Group Exhibit 1, # (3) Declaration Hierl Declaration, # (4) Exhibit Hierl Exhibit 1, # (5) Exhibit Hierl Exhibit 2, # (6) Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Apr 11, 2022 | 10 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff The Mountain Corporation for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Apr 11, 2022 | 9 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff The Mountain Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Apr 11, 2022 | 8 | notification of affiliates pursuant to local rule 3.2 (2) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Mountain Corporation (Hierl, Michael) |
| Apr 11, 2022 | 7 | sealed document (12) Docket Text:Schedule A by Plaintiff The Mountain Corporation (Hierl, Michael) (Docket text modified by Clerk's Office on 9/2/2022) (lxk, ). |
| Apr 11, 2022 | 6 | motion to seal document (3) Docket Text: MOTION by Plaintiff The Mountain Corporation to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Apr 11, 2022 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff The Mountain Corporation by Robert Payton Mcmurray (Mcmurray, Robert) |
| Apr 11, 2022 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff The Mountain Corporation by William Benjamin Kalbac (Kalbac, William) |
| Apr 11, 2022 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff The Mountain Corporation by Michael A. Hierl (Hierl, Michael) |
| Apr 11, 2022 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Apr 11, 2022 | 1 | Exhibit Group Exhibit 1 (17) |
| Apr 11, 2022 | 1 | Main Document (16) Docket Text: COMPLAINT filed by The Mountain Corporation; Jury Demand. Filing fee $ 402, receipt number 0752-19329715. (Attachments: # (1) Exhibit Group Exhibit 1)(Hierl, Michael) |
| Apr 11, 2022 | 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 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. (ey, ) |
| Apr 11, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ey, ) |
