2021-cv-03064

2021-cv-03064 Sugartown Worldwide LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

Date :6/8/2021
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

June 8, 2021

COMPLAINT filed by Sugartown Worldwide LLC; Filing fee $ 402, receipt number 0752-18328815.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

2

June 8, 2021

SEALED EXHIBIT by Plaintiff Sugartown Worldwide LLC Schedule A regarding complaint[1]

3

June 8, 2021

MOTION by Plaintiff Sugartown Worldwide LLC for leave to file under seal

4

June 8, 2021

CIVIL Cover Sheet

5

June 8, 2021

ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Justin R. Gaudio

6

June 8, 2021

ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Amy Crout Ziegler

7

June 8, 2021

ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Allyson M. Martin

8

June 8, 2021

ATTORNEY Appearance for Plaintiff Sugartown Worldwide LLC by Abby Marie Neu

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.

9

June 9, 2021

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

10

June 9, 2021

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

11

June 9, 2021

MOTION by Plaintiff Sugartown Worldwide LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

12

June 9, 2021

MEMORANDUM by Sugartown Worldwide LLC in support of motion for temporary restraining order[11]

13

June 9, 2021

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

14

June 9, 2021

DECLARATION of Suraj A. Palakshappa regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

15

June 9, 2021

SEALED EXHIBIT by Plaintiff Sugartown Worldwide LLC Exhibit 3 Parts 1-2 regarding declaration[14]

16

June 9, 2021

NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[11], MOTION by Plaintiff Sugartown Worldwide LLC for leave to file under seal[3]

17

June 9, 2021

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sugartown Worldwide LLC

18

June 9, 2021

Notice of Claims Involving Trademarks by Sugartown Worldwide LLC

19

June 10, 2021

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion (No. 3) to seal schedule A to the complaint (No. 2) and Exhibit 3 to the declaration of Suraj A. Palakshappa (Nos. 15, [15-1], [15-2]) is granted. The record contains certificates of copyright registration referring to the artworks listed in paragraph eight of the Palakshappa declaration but not the artworks themselves. The present record therefore leaves the court unable to compare the screenshots of the accused products (included in the record) with the copyrighted artworks themselves in order to determine whether plaintiff has a likelihood of success on the merits of its copyright infringement claims. Plaintiff is therefore ordered to supplement the record with the copyrighted artworks listed in paragraph eight of the Palakshappa declaration. The artworks may be filed under seal. Mailed notice

20

June 14, 2021

DECLARATION of Suraj A. Palakshappa Supplemental Declaration of Suraj A. Palakshappa per Order [19]

21

June 16, 2021

MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting in part and denying in part plaintiff's ex parte motion (No. [11]) for a temporary restraining order. In accordance with the order, a revised proposed temporary restraining order is due 6/17/2021. Mailed notice

22

June 16, 2021

ORDER Signed by the Honorable Joan B. Gottschall on 6/16/2021. Mailed notice

23

June 17, 2021

MOTION by Plaintiff Sugartown Worldwide LLC for reconsideration regarding order 22 and Clarification

Declaration of Justin R. Gaudio

Exhibit 1

24

June 21, 2021

MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, plaintiff's motion for reconsideration or clarification (No. [23]) is denied as moot. The third-party providers have until and including June 28, 2021, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by contacting the courtroom deputy on or before June 28, 2021. Plaintiff is ordered to serve the third-party providers with a copy of this order and file a certificate of service on or before June 22, 2021. See the order for additional details.Mailed notice

25

June 21, 2021

ORDER Signed by the Honorable Joan B. Gottschall on 6/21/2021. Mailed notice

26

June 22, 2021

CERTIFICATE of Service of Order 25 by Allyson M. Martin on behalf of Sugartown Worldwide LLC

27

June 30, 2021

MINUTE entry before the Honorable Joan B. Gottschall: The order dated 6/21/2021 (No. 25) gave certain third-party providers of services to the defendants until 6/28/2021 to object to plaintiff's contentions that this court has personal jurisdiction over them and that they are in active concert or participation with the defendants listed in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). Plaintiff served the third-party providers with a copy of the order dated 6/21/2021 (see No. 26). The deadline for the third-party providers to object has come and gone, and the court has received neither an objection nor a request to set a hearing. Enter sealed temporary restraining order. The sealed temporary restraining order is not being issued ex parte as to the third-party providers because they received notice and an opportunity to be heard before the order was issued. In accordance with the sealed temporary restraining order, a preliminary injunction hearing is tentatively set for 7/14/2021 at 10:00 a.m. Due to the ongoing COVID-19 pandemic and in accordance with the Tenth Amended General Order No. 20-0012, the court will hold a hearing on any motion for preliminary injunction only if a defendant or third party specifically requests one at least 48 hours prior to the scheduled time and date of the hearing. Otherwise, the court will rule on the papers. Defendants and third parties may request a hearing by contacting Judge Gottschall's courtroom deputy at (312) 435-5641. Mailed notice

28

June 30, 2021

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 6/30/2021. Mailed notice

29

July 6, 2021

SURETY BOND in the amount of $10,000.00 posted by Sugartown Worldwide LLC.

30

July 9, 2021

MOTION by Plaintiff Sugartown Worldwide LLC for extension of time of Temporary Restraining Order

31

July 9, 2021

MEMORANDUM by Sugartown Worldwide LLC in support of extension of time 30

Declaration of Justin R. Gaudio

32

July 9, 2021

NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for extension of time of Temporary Restraining Order 30

33

July 13, 2021

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion (No. 30) to extend the sealed temporary restraining order (No. 28) is granted. Enter order. The preliminary injunction hearing tentatively set for 7/14/2021 is stricken and reset to 7/28/2021 at 10:00 a.m. Due to the COVID-19 pandemic and in accordance with the guidance of Tenth Amended General Order No. 20-0012, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours prior to the scheduled hearing date. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at (312) 435-5641. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 3 to the Declaration of Suraj A. Palakshappa and any e-mail addresses provided for defendants by third parties that includes a link to said website.Mailed notice

34

July 13, 2021

EXTENSION Of Temporary Restraining Order Signed by the Honorable Joan B. Gottschall on 7/13/2021. Mailed notice

35

July 23, 2021

MOTION by Plaintiff Sugartown Worldwide LLC for preliminary injunction

36

July 23, 2021

MEMORANDUM by Sugartown Worldwide LLC in support of motion for preliminary injunction 35

Declaration of Justin R. Gaudio

Exhibit 1

37

July 23, 2021

MOTION by Plaintiff Sugartown Worldwide LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

38

July 23, 2021

MEMORANDUM by Sugartown Worldwide LLC in support of motion for miscellaneous relief 37

Declaration of Justin R. Gaudio

Exhibit 1

Exhibit 2

39

July 23, 2021

NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 37, MOTION by Plaintiff Sugartown Worldwide LLC for preliminary injunction 35

40

July 27, 2021

MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline (No. [33]) of 7/26/2021, the preliminary injunction hearing set for 7/28/2021 is stricken. Plaintiff's motion for preliminary injunction (No. [35]) and motion for electronic service of process (No. [37]) are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal Schedule A to the complaint (No. [2]), Exhibit 3 to the Declaration of Suraj A. Palakshappa (No. [15]), and the temporary restraining order (No. [28]). The law firm of Greer, Burns & Crain Ltd. is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the Court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice

41

July 27, 2021

PRELIMINARY Injunction Order Signed by the Honorable Joan B. Gottschall on 7/27/2021. Mailed notice

42

July 27, 2021

MINUTE entry before the Honorable Joan B. Gottschall: The next status report is due on or before 8/25/2021. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"

43

July 28, 2021

SUMMONS Returned Executed by Sugartown Worldwide LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 7/28/2021, answer due 8/18/2021.

Declaration of Abby M. Neu

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"

44

Aug. 20, 2021

NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain defendants

45

Aug. 25, 2021

STATUS Report by Sugartown Worldwide LLC

46

Aug. 25, 2021

MOTION by Plaintiff Sugartown Worldwide LLC for entry of default as to all defendants, MOTION by Plaintiff Sugartown Worldwide LLC for default judgment as to all defendants

47

Aug. 25, 2021

MEMORANDUM by Sugartown Worldwide LLC in support of motion for entry of default, motion for default judgment 46

Declaration of Justin R. Gaudio

Exhibit 1

48

Aug. 25, 2021

NOTICE by Sugartown Worldwide LLC re MOTION by Plaintiff Sugartown Worldwide LLC for entry of default as to all defendantsMOTION by Plaintiff Sugartown Worldwide LLC for default judgment as to all defendants 46

49

Sept. 8, 2021

MINUTE entry before the Honorable Joan B. Gottschall: Defendants have until and including September 22, 2021, to object to plaintiff's motion (No. [46]) for entry of default and for entry of default judgment. See Pow! Entertainment, LLC v. Rebeccakgfdd, No. 20-cv-1324, Order at 12 (N.D. Ill. July 1, 2020). Defendants may file an objection in writing or request a hearing, to be conducted via teleconferencing, by contacting the courtroom deputy on or before September 22, 2021. Plaintiff is ordered to serve defendants with a copy of this order and file a certificate of service on or before September 9, 2021.Mailed notice

50

Sept. 8, 2021

MINUTE entry before the Honorable Joan B. Gottschall: Enter order regarding plaintiff's notice of voluntary dismissal (No. [44]). In accordance with the order, plaintiff's claims against the five defendants named in the notice of voluntary dismissal remain pending. Mailed notice

51

Sept. 8, 2021

ORDER Signed by the Honorable Joan B. Gottschall on 9/8/2021.Mailed notice

52

Sept. 9, 2021

NOTICE of Voluntary Dismissal by Sugartown Worldwide LLC as to certain Defendants

53

Sept. 9, 2021

CERTIFICATE of Service by Abby Marie Neu on behalf of Sugartown Worldwide LLC

54

Sept. 10, 2021

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's notice of voluntary dismissal (No. 52) filed 9/9/2021 is ineffective. As explained in the order entered 9/8/2021 (No. 51), the Seventh Circuit has held that Rule 41(a) may be used only to dismiss "the whole case." Taylor v. Brown, 787 F.3d 851, 85758 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001) (other citation omitted)). The proper way to drop fewer than all claims or defendants is to amend the complaint under Fed. R. Civ. P. 15(a). Alternatively, plaintiff can ask the court to enter a Rule 54(b) order, which the court will be happy to do. Mailed notice

55

Oct. 4, 2021

MINUTE entry before the Honorable Joan B. Gottschall: The deadline of 9/22/2021 to object to plaintiff's motion for entry of default and default judgment has come and gone (see Nos. [49], [51], and [53]), and no objection has been filed. Plaintiff's motion (No. [46]) for entry of default and default judgment is granted. Enter default judgment. Civil case terminated. Mailed notice

56

Oct. 4, 2021

FINAL JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 10/4/2021.Mailed notice

57

Oct. 5, 2021

MAILED trademark report to Patent Trademark Office, Alexandria VA.

58

Oct. 8, 2021

FULL SATISFACTION of Judgment regarding order 56 in the amount of $500,000 as to certain defendants

59

Dec. 3, 2021

NOTICE of withdrawal of bond 29 by John Summerfield

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