Case number 1:20-cv-06012
XYZ Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Feb 16, 2021 | 32 | order on motion for miscellaneous relief (1) Docket Text: ORDER Dissolving Restraints Related to Joybuy, signed by the Honorable John F. Kness on 2/16/2021. Mailed notice(ef, ) |
| Feb 10, 2021 | 31 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff National Football League Players Association to Dissolve Restraints Relating to JoyBuy (Carter, Alison) |
| Jan 22, 2021 | 30 | entered judgment (1) Docket Text: ENTERED JUDGMENT. Mailed notice(ef, ) |
| Jan 22, 2021 | 29 | order (9) Docket Text: ORDER ON MOTION FOR DEFAULT JUDGMENT signed by the Honorable John F. Kness on 1/22/2021. Mailed notice(ef, ) |
| Jan 22, 2021 | 28 | order on motion for default judgment (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for entry of default and default judgment [23] is granted. The Court enters default judgment against all Defendants who have not been dismissed by Plaintiff. Enter separate default judgment order. Civil case terminated. Mailed notice (ef, ) |
| Jan 7, 2021 | 27 | order on motion for extension of time to file response/reply (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's unopposed motion for extension of time [26] is granted. Plaintiff now has until January 8, 2021, to file objections to their motion for entry of default judgment. Mailed notice (ma,) |
| Dec 30, 2020 | 26 | motion for extension of time to file response/reply (3) Docket Text: MOTION by Plaintiff National Football League Players Association for extension of time to file response/reply to Motion for Default Judgment (Carter, Alison) |
| Dec 23, 2020 | 25 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [23] for entry of default and default judgment. Any objections to the motion must be filed on or before January 1, 2021. If no objections are filed by that date, the court will consider the motion unopposed. Mailed notice (ef, ) |
| Dec 21, 2020 | 24 | Declaration of Ann Marie Sullivan (2) |
| Dec 21, 2020 | 24 | Main Document (14) Docket Text: MEMORANDUM by National Football League Players Association in support of motion for default judgment,, motion for entry of default, [23] (Attachments: # (1) Declaration of Ann Marie Sullivan)(Carter, Alison) |
| Dec 21, 2020 | 23 | Exhibit 1 - Amended Schedule A (3) |
| Dec 21, 2020 | 23 | Main Document (2) Docket Text: MOTION by Plaintiff National Football League Players Association for default judgment as to all remaining Defendants, MOTION by Plaintiff National Football League Players Association for entry of default as to all remaining Defendants (Attachments: # (1) Exhibit 1 - Amended Schedule A)(Carter, Alison) |
| Dec 21, 2020 | 22 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by National Football League Players Association as to certain Defendants (Carter, Alison) |
| Nov 17, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: itemtrust Store, Linbao POSTER Store, Bestselleramazing's booth, Chenlove999's booth, yongi_fashion, TMWHY's booth, adlshop88, akagamir69, alalstore, anlagh36, bengoodon, bestdealsstore01, bourabde_8, cddf825, chemi-7723, dayi_9666, easyshopsf, fashionway18, fuzaibaba, huutu95, jc-fashion2000, jeisyshop, jiachuangtrade2018, kevindesign2011, YONGYI_STORE, kpone24144, medmidstor, moneytree2001, nova-shop97, zxg1991, phonecase18, pizhuzhaposter, promotial, rongchengshiyijiafuzhuang168, shop_for_ever, shop2_2020, simsim-shop, thi-8306, tradepo990deal, william_bestseller, youneken-0, foxfairy09, JerseyfanStudio, 2019nfl, VIPJerseyShop, CHEAP JERSEYS SHOP, Cheapauthenticbaseballjersey, cheapjerseysonlinefreeshipping.us.com, CHEAPSHOOP, Cheapwholesalebasketballjerseys, CHEAPWHOLESALECHINA.COM, Official Browns Shop, CUSTOMSHOP29, fansfavoritezone, Jerseys Shop, FEOAMO, kai-cardshop, KAUEEOL, sportscheapjerseys.us.com, Dolphins Store Online, MOHALI86, FanPatriotsGear, NFL SHOP Cheap Jerseys, SPORTS SHOP, NFLshopwholesalejerseys, Oakland Raiders Official Online Store and officialjerseysonline added to case caption. (Sullivan, Ann Marie) |
| Nov 13, 2020 | 21 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 11/13/2020. Mailed notice(ef, ) |
| Nov 13, 2020 | 20 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [17] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [19] that it provided electronic notice to defendants of its motion for a preliminary injunction, but no objection has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. Mailed notice (ef, ) |
| Nov 11, 2020 | 19 | Declaration of Service (2) |
| Nov 11, 2020 | 19 | Main Document (2) Docket Text: SUMMONS Returned Executed by National Football League Players Association as to All Defendants. (Attachments: # (1) Declaration of Service)(Sullivan, Ann Marie) |
| Nov 10, 2020 | 17 | Main Document (2) Docket Text: MOTION by Plaintiff National Football League Players Association, Inc. for preliminary injunction (Attachments: # (1) Supplement Memorandum in Support, # (2) Declaration of Ann Marie Sullivan)(Carter, Alison) |
| Nov 10, 2020 | 17 | Supplement Memorandum in Support (6) |
| Nov 10, 2020 | 17 | Declaration of Ann Marie Sullivan (1) |
| Nov 10, 2020 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jg, ) |
| Nov 10, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: National Football League Players Association added to case caption. Terminating National Football League Players Association, Inc. (Carter, Alison) |
| Nov 9, 2020 | 18 | bond (1) Docket Text: CIVIL BOND in the amount of $ 10,000.00 posted by National Football League Players Association (gcy, ) |
| Oct 28, 2020 | 15 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Motion for extension of TRO [14] is granted. Enter Order. Mailed notice (ags) |
| Oct 28, 2020 | 14 | Declaration of Ann Marie Sullivan (2) |
| Oct 28, 2020 | 14 | Supplement Memorandum in Support (2) |
| Oct 28, 2020 | 14 | Main Document (1) Docket Text: MOTION by Plaintiff XYZ Corporation for extension of time of Temporary Restraining Order (Attachments: # (1) Supplement Memorandum in Support, # (2) Declaration of Ann Marie Sullivan)(Carter, Alison) |
| Oct 28, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: National Football League Players Association, Inc. added to case caption. Terminating XYZ Corporation (Carter, Alison) |
| Oct 16, 2020 | 12 | order on motion to seal (2) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [5] is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity: Plaintiff's ex parte motion for a temporary restraining order is being adjudicated contemporaneously, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Thus the request to seal Plaintiff's amended complaint [6] (which, unlike the original complaint, complies with FRCP 10(a) by "nam[ing] all the parties" including Plaintiff) and the exhibit containing Plaintiff's trademark registrations [6-1] is denied. Conversely, subject to unsealing at an appropriate time, Plaintiff may for now file under seal its Schedule "A" to the Complaint [1-2] and to the Amended Complaint [6-2], Motion for Temporary Restraining Order [7] and its memorandum and supporting pleadings and exhibits [8], and Motion for Electronic Service of Process [9] and its memorandum and supporting pleadings and exhibits [10]. In addition, for the purpose of these motions, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 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. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 will 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. For all of these reasons, therefore, Plaintiff's motions for entry of a temporary restraining order [7] and for leave to effect electronic service of process [9] are granted. Enter separate temporary restraining order. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Mailed notice (ags) |
| Oct 14, 2020 | 11 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness:A telephonic status hearing is set for 10/15/2020 at 11:15 AM. For the telephonic status hearing on 10/15/2020, counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (dl) |
| Oct 8, 2020 | 5 | motion to seal (3) Docket Text: MOTION by Plaintiff XYZ Corporation to seal (Sullivan, Ann Marie) |
| Oct 8, 2020 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter (Carter, Alison) |
| Oct 8, 2020 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| Oct 8, 2020 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Sullivan, Ann Marie) |
| Oct 8, 2020 | 1 | Exhibit Schedule A (1) |
| Oct 8, 2020 | 1 | Exhibit 1 (1) |
| Oct 8, 2020 | 1 | Main Document (15) Docket Text: COMPLAINT filed by XYZ Corporation; Filing fee $ 400, receipt number 0752-17525051. (Attachments: # (1) Exhibit 1, # (2) Exhibit Schedule A)(Sullivan, Ann Marie) |
| Oct 8, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ke, ) |
