2022-cv-02327

COMPLAINT filed by THE UNIVERSITY ATHLETIC ASSOCIATION, INC.; Filing fee $ 402, receipt number BILNDC-19425535.

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SEALED EXHIBIT by Plaintiff THE UNIVERSITY ATHLETIC ASSOCIATION, INC. Schedule A regarding complaint[1]

MOTION by Plaintiff THE UNIVERSITY ATHLETIC ASSOCIATION, INC. for leave to file under seal

CIVIL Cover Sheet

Notice of Claims Involving Trademarks by THE UNIVERSITY ATHLETIC ASSOCIATION, INC.

ATTORNEY Appearance for Plaintiff THE UNIVERSITY ATHLETIC ASSOCIATION, INC. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff THE UNIVERSITY ATHLETIC ASSOCIATION, INC. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff THE UNIVERSITY ATHLETIC ASSOCIATION, INC. by Allyson M. Martin

ATTORNEY Appearance for Plaintiff THE UNIVERSITY ATHLETIC ASSOCIATION, INC. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff THE UNIVERSITY ATHLETIC ASSOCIATION, INC. by Rachel S Miller

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.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by The University Athletic Association, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

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SEALED EXHIBIT by Plaintiff The University Athletic Association, Inc. Schedule A regarding amended complaint, [13]

MOTION by Plaintiff The University Athletic Association, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by The University Athletic Association, Inc. in support of motion for temporary restraining order[15]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]

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DECLARATION of Debra Susan Gay regarding memorandum in support of motion[16]

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DECLARATION of Lindsay Conn regarding memorandum in support of motion[16]

SEALED EXHIBIT by Plaintiff The University Athletic Association, Inc. Exhibit 1 regarding declaration[19]

SEALED EXHIBIT by Plaintiff The University Athletic Association, Inc. Exhibit 2 regarding declaration[19]

MOTION by Plaintiff The University Athletic Association, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by The University Athletic Association, Inc. in support of motion for miscellaneous relief[22]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[23]

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MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [15] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The TRO is effective through 05/26/2022. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 05/18/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's motion [22] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/27/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/20/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/12/2022. Emailed notice

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

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 5/12/2022. Emailed notice

BOND in the amount of $1000.00 check, Receipt No. 4624271980, posted by The University Athletic Association, Inc.

MOTION by Plaintiff The University Athletic Association, Inc. for preliminary injunction, MOTION by Plaintiff The University Athletic Association, Inc. for extension of time of Temporary Restraining Order

(Exhibit A)

MEMORANDUM by The University Athletic Association, Inc. in support of motion for preliminary injunction, extension of time, 28

Declaration of Jake M. Christensen

(Exhibit 1)

SUMMONS Returned Executed by The University Athletic Association, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/20/2022, answer due 6/10/2022.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 25 is granted. Given the answer deadline of 06/10/2022, the tracking status hearing of 05/27/2022 is reset to 06/24/2022 at 8:30 a.m., but to track the case only (the case will not be called, no appearance is required). Instead, the parties shall file a joint status report or, if the Defendant is in default, then the Plaintiff shall file a default judgment motion on 06/17/2022. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/26/2022. Emailed notice

NEW PARTIES: gatorsjersey.com added to case caption.

MOTION by Plaintiff The University Athletic Association, Inc. for entry of default as to all Defendants, MOTION by Plaintiff The University Athletic Association, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by The University Athletic Association, Inc. in support of motion for entry of default, motion for default judgment, 33

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 34

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: On review of the default judgment motion 33, the motion is granted for the requested amount of $50,000, as explained in the order. Permanent injunctive relief shall be entered in light of the finding of willfulness based on the default. A separate AO-450 judgment shall be entered. The status hearing of 06/24/2022 is vacated. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 6/24/2022. Mailed notice

ENTERED JUDGMENT. Mailed notice