2023-cv-03179

2023-cv-03179 General Motors LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :5/19/2023
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

May 19, 2023

COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-20658036.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

May 19, 2023

SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint 1

3

May 19, 2023

MOTION by Plaintiff General Motors LLC for leave to file under seal

4

May 19, 2023

CIVIL Cover Sheet

5

May 19, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC

6

May 19, 2023

Notice of Claims Involving Trademarks by General Motors LLC

7

May 19, 2023

ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio

8

May 19, 2023

ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler

9

May 19, 2023

ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen

10

May 19, 2023

ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel S Miller

11

May 22, 2023

MAILED trademark report to Patent Trademark Office, Alexandria VA.

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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.

12

May 22, 2023

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

13

May 24, 2023

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

14

May 24, 2023

MEMORANDUM by General Motors LLC in support of motion for temporary restraining order[13]

15

May 24, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

16

May 24, 2023

DECLARATION of Andrea Ankawi regarding memorandum in support of motion[14]

Exhibit 1

17

May 24, 2023

SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 9 regarding declaration[16]

18

May 24, 2023

MOTION by Plaintiff General Motors LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

19

May 24, 2023

MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief[18]

20

May 24, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

Exhibit 1

Exhibit 2

21

May 25, 2023

MINUTE entry before the Honorable Andrea R. Wood: 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 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are set for a telephonic motion hearing on 5/31/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

22

May 31, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 5/31/2023. For the reasons stated on the record, 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 [13], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] are granted. Enter Sealed Temporary Restraining Order. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:00 a.m. on 5/31/2023 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 6/14/2023 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

23

May 31, 2023

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 5/31/2023.

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

24

June 8, 2023

SURETY BOND in the amount of $ 10,000 posted by General Motors LLC.

25

June 9, 2023

MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order

26

June 9, 2023

MEMORANDUM by General Motors LLC in support of extension of time[25]

Declaration of Jake M. Christensen

27

June 9, 2023

NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendant

28

June 12, 2023

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's ex parte motion to extend the temporary restraining order 25 is granted. The Court finds good cause to extend the Temporary Restraining Order an additional 14 days until 6/28/2023. Telephonic status hearing set for 6/14/2023 is stricken and reset for 6/28/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

29

June 23, 2023

MOTION by Plaintiff General Motors LLC for preliminary injunction as to Certain Defendants

Exhibit A

30

June 23, 2023

MEMORANDUM by General Motors LLC in support of motion for preliminary injunction[29]

Declaration of Jake M. Christensen

Exhibit 1

31

June 23, 2023

SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/23/2023, answer due 7/14/2023.

Declaration of Rachel S. Miller

Exhibit A

32

June 26, 2023

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for entry of a preliminary injunction 29 will be heard at the telephonic hearing set for 6/28/2023 at 9:15 AM. Any person wishing to be heard on the motion shall file an appearance and contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

33

June 28, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 6/28/2023. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [29] is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A to the Complaint [2]; (2) Exhibit 2, Parts 1-9 [17], and (3) the sealed temporary restraining order [23]. Plaintiff's counsel 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 8/16/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

34

June 28, 2023

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 6/28/2023. Mailed notice

35

June 30, 2023

NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants

NEW PARTIES: Xingtai Ouyi Auto Parts Co., Ltd., Shop911929299 Store, randpcarriages, 1020yh, 2233yh, 4x1mgt, 6636mgt, 7749yhui, 9color-deer, antai-autoparts02, atwaypart, auto_decor, auto5dodgepartsexpert, autopartspro18, autoteile-usa-shop, buyworthing, candoeverything, cggt2020, cherrytt, clkjae, damsont, dbstradingho0, ddun6023, dlx-parts, dongguanshiqingshang-0, donglin668, dotaqqa, eriwe94, fanjkl, ffur, fiberstorm-store, figttian, focus_q, foshanguying, futokparts, goldengu-0, goldengu-6, Gooooood, guyingkeji, hefeiluankuanhulianw0, hongkongqihangfitne0, huyouer667, huytsde, lemonttt, liftoff666, lihuakej-4416, maggie-auto-parts, makuang188us, makuangusa, mix-wholesale, modigt2022, mokuang188us, motopa_90, motor_parts_us, newgrillparts, ommotoparts, orangetttttt, poakq-l, qiashu_55, quartw, rurpaauto, satrpatrs, suizhoushimoyama_0, superstarstores, us.pick, vogueparts, wolsus2098, xiku35, xxu_part, yandu-1774, yhuautoparts, zdmotor, zeya453507, zhengs-43, zhuimao, zhunmianshangmao, zm-store-666 and zxbn007 added to case caption.

36

July 6, 2023

NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants

37

July 13, 2023

NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants

38

July 27, 2023

NOTICE of Voluntary Dismissal by General Motors LLC as to certain defendants

39

Aug. 1, 2023

NOTICE of Voluntary Dismissal by General Motors LLC as to Certain Defendants

40

Aug. 1, 2023

MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants

Exhibit A

41

Aug. 1, 2023

MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment[40]

Exhibit 1

42

Aug. 1, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41]

Exhibit 1

43

Aug. 2, 2023

ATTORNEY Appearance for Defendants focus_q, us.pick by Adam Edward Urbanczyk

44

Aug. 4, 2023

MOTION by Defendants focus_q, us.pick for extension of time

45

Aug. 16, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 8/16/2023. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment [40] is taken under advisement. Defendants focus_q and us.pick's motion for extension of time [44] is granted. Defendants focus_q and us.pick shall answer or otherwise respond to Plaintiff's complaint by 8/23/2023. Telephonic status hearing set for 9/5/2023 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

46

Aug. 23, 2023

MOTION by Defendants focus_q, us.pick for extension of time UNOPPOSED

47

Sept. 5, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/5/2023. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment [40] is granted. Enter Default Judgment. Defendants focus_q and us.pick's unopposed motion for extension of time [46] is granted. Defendants focus_q and us.pick shall answer or otherwise respond to Plaintiff's complaint by 9/13/2023. Telephonic status hearing set for 9/19/2023 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

48

Sept. 7, 2023

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 9/7/2023. Mailed notice

49

Sept. 13, 2023

MOTION by Defendants focus_q, us.pick for extension of time UNOPPOSED

50

Sept. 19, 2023

ATTORNEY Appearance for Plaintiff General Motors LLC by Andrew Daniel Burnham

51

Sept. 19, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/19/2023. For the reasons stated on the record, Defendants focus_q and us.pick's unopposed motion for extension of time [49] is granted. Defendants focus_q and us.pick shall answer or otherwise respond to Plaintiff's complaint by 10/4/2023. Telephonic status hearing set for 10/11/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

52

Oct. 11, 2023

ATTORNEY Appearance for Plaintiff General Motors LLC by Justin Tyler Joseph

53

Oct. 11, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 10/11/2023. For the reasons stated on the record, Defendants focus_q and us.pick's oral request for an extension of time to answer Plaintiff's complaint is granted. Defendants focus_q and us.pick shall answer or otherwise respond to Plaintiff's complaint by 10/25/2023. Telephonic status hearing set for 10/25/2023 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

54

Oct. 25, 2023

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 10/25/2023 and continued to 11/8/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

55

Oct. 31, 2023

MOTION by Plaintiff General Motors LLC to approve consent judgment as to Defendant Nos. 38 and 73

56

Oct. 31, 2023

MEMORANDUM by General Motors LLC in support of motion to approve consent judgment[55]

57

Nov. 8, 2023

MINUTE entry before the Honorable Andrea R. Wood: Agreed motion for entry of a consent judgment as to Defendant Nos. 38 and 73 [55] is granted. Enter Consent Judgment. As all claims as to all Defendants have now been resolved, this case will be closed. Telephonic status hearing set for 11/8/2023 is stricken; parties need not appear. Civil case terminated. Mailed notice

58

Nov. 8, 2023

CONSENT JUDGMENT. Signed by the Honorable Andrea R. Wood on 11/8/2023. Mailed notice

59

Nov. 9, 2023

MAILED trademark report to Patent Trademark Office, Alexandria VA.

60

March 29, 2024

NOTICE of withdrawal of bond 24 by John Summerfield. (Attachment) (Received at the Intake Counter on 03/29/2024)

61

Aug. 29, 2025

FULL SATISFACTION of Judgment regarding order[48] in the amount of $500,000 as to certain defendants

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