2023-cv-02839

2023-cv-02839 Toyota Motor Sales, U.S.A., Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :5/5/2023
BrandTOYOTA 丰田
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

May 5, 2023

COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 402, receipt number AILNDC-20609835.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

May 5, 2023

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint 1

3

May 5, 2023

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal

4

May 5, 2023

CIVIL Cover Sheet

5

May 5, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc.

6

May 5, 2023

Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc.

7

May 5, 2023

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio

8

May 5, 2023

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler

9

May 5, 2023

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin Tyler Joseph

10

May 5, 2023

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.

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.

11

May 8, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice. (ym,)

12

May 8, 2023

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

13

May 8, 2023

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

14

May 9, 2023

AMENDED complaint by Toyota Motor Sales, U.S.A., Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

15

May 9, 2023

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding amended complaint, 14

16

May 9, 2023

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

17

May 9, 2023

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order 16

18

May 9, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

19

May 9, 2023

DECLARATION of Teena Bohi regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

20

May 9, 2023

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 - Parts 1-4 regarding declaration 19

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

(Exhibit 3-4)

21

May 9, 2023

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

22

May 9, 2023

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief 21

23

May 9, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 22

Exhibit 1

(Exhibit 2)

24

May 9, 2023

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 16, motion for leave to file 3, motion for miscellaneous relief 21 before Honorable Sharon Johnson Coleman on 5/16/2023 at 10:00 AM.

25

May 15, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [16], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [21] set for 5/16/2023 at 10:00 AM is reset to 10:15 AM (NOTE TIME CHANGE ONLY) as an in-person hearing in courtroom 1241. Mailed notice. (ym,)

26

May 16, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 5/16/2023. Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [16], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [21] are granted. Enter Order. An in-person status hearing is set for 5/30/2023 at 10:15 AM. Mailed notice. (ym,)

27

May 16, 2023

SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 5/16/2023. Mailed notice.(ym,)

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

28

May 22, 2023

SURETY BOND in the amount of $ 10,000 posted by Toyota Motor Sales, U.S.A., Inc.

29

May 24, 2023

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction

(Exhibit A)

30

May 24, 2023

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction 29

Declaration of Justin T. Joseph

(Exhibit 1)

31

May 24, 2023

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 29 before Honorable Sharon Johnson Coleman on 5/30/2023 at 10:15 AM.

(Exhibit A)

32

May 24, 2023

SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/24/2023, answer due 6/14/2023.

Declaration of Trevor C. Talhami

(Exhibit A)

33

May 30, 2023

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Marcella Deshonda Slay

34

May 30, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 5/30/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of a preliminary injunction [29] is granted. Enter Order. The Clerk's Office is directed to unseal Schedule A to the Complaint [2] and the Amended Complaint [15], Exhibit 3 to the Declaration of Teena Bohi [20], and the Temporary Restraining Order [27]. An in-person status hearing is set for 7/17/2023 at 10:15 AM. Law Firm of Greer, Burns & Crain, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (ym,)

35

May 30, 2023

PRELIMINARY INJUNCTION Order. Signed by the Honorable Sharon Johnson Coleman on 5/30/2023. Mailed notice.(ym,)

NEW PARTIES: 2021newshop, 5.1ykqvmxz, all-out-performance, astonparts, autoing2020, bjautoworld, blingauto, cassie_ws_1, chenxiao2019, companyfx, eascor, eby18, elationshop22, ewrw43, eybalice, ezb2b, flyer_5216, foreve-1452, hetong216, jiaojin_29, kingofcartuning, ledexpert-9, linda2-5576, mingheautoparts, MLYP-2022, mlyp-20230124, motaat, qieju-93, rosemary220, runmylife2015, Sorghumofficial, suvshop88, suvs-shop, totohan, tudi_81, txdb3795, uotenten, vglc3908 and vitalityparts added to case caption.

36

June 8, 2023

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendant

37

June 8, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice for 270 days as to defendant foreve-1452 only. If no motion to reinstate is filed by March 4, 2024, the dismissal shall automatically convert to one with prejudice with no further action by the Court. Mailed notice. (ym,)

38

June 15, 2023

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain defendants

39

June 15, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed with out prejudice for 270 days as to defendants 5.1ykqvmxz, eby18, Sorghumofficial, and suvs-shop only. If no motion to reinstates is filed by March 11, 2024, the dismissal shall automatically convert to one with prejudice with no further action by the Court. Mailed notice.

40

June 16, 2023

NOTICE of Voluntary Dismissal by Toyota Motor Sales, U.S.A., Inc. as to certain Defendants

41

June 16, 2023

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants

(Exhibit A)

42

June 16, 2023

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment 41

(Exhibit 1)

43

June 16, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 42

(Exhibit 1)

44

June 16, 2023

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment 41 before Honorable Sharon Johnson Coleman on 7/5/2023 at 10:00 AM.

(Exhibit A)

45

June 16, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice for 270 days as to defendants all-out-performance and astonparts only. If no motion to reinstate is filed by March 12, 2024, the dismissal shall automatically convert to one with prejudice with no further action by the Court. Mailed notice. (ym,)

46

June 30, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiff's motion for entry of default and default judgment 41 set for 7/5/2023 at 10:00 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice. (ym,)

47

July 5, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 7/5/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of default and default judgment as to all remaining defendants 41 is granted. Default judgment is entered in favor of plaintiff and against the remaining defendants. Enter Order. Status hearing set for 7/17/2023 is stricken. The ten thousand dollar ($10,000) surety bond posted by Toyota is hereby released to Toyota or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Toyota or its counsel. Civil case terminated. Mailed notice. (ym,)

48

July 5, 2023

FINAL JUDGMENT ORDER. Signed by the Honorable Sharon Johnson Coleman on 7/5/2023. Mailed notice. (ym,)

49

July 13, 2023

FULL SATISFACTION of Judgment regarding order 48 in the amount of $50,000 as to certain defendants

50

March 29, 2024

NOTICE of withdrawal of bond 28 by John Summerfield. (Attachment) (Received at the Intake Counter on 03/29/2024)

51

July 8, 2024

FULL SATISFACTION of Judgment regarding order[48] in the amount of $50,000 as to certain defendant

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