2023-cv-03313

2023-cv-03313 FCA US LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :5/25/2023
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

May 25, 2023

COMPLAINT filed by FCA US LLC; Filing fee $ 402, receipt number AILNDC-20674147.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

2

May 25, 2023

SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint[1]

3

May 25, 2023

MOTION by Plaintiff FCA US LLC for leave to file under seal

4

May 25, 2023

CIVIL Cover Sheet

5

May 25, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC

6

May 25, 2023

Notice of Claims Involving Trademarks by FCA US LLC

7

May 25, 2023

ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio

8

May 25, 2023

ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler

9

May 25, 2023

ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern

10

May 25, 2023

ATTORNEY Appearance for Plaintiff FCA US LLC by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable M. David Weisman. 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 30, 2023

MOTION by Plaintiff FCA US LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

12

May 30, 2023

MEMORANDUM by FCA US LLC in support of motion for temporary restraining order[11]

13

May 30, 2023

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

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

14

May 30, 2023

DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion[12]

Exhibit 1

15

May 30, 2023

SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-4 regarding declaration[14]

16

May 30, 2023

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

17

May 30, 2023

MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief[16]

18

May 30, 2023

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

Exhibit 1

Exhibit 2

19

May 30, 2023

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for leave to file under seal [3] is granted; Plaintiff's ex parte motion for entry of a temporary restraining order [11] is granted; and Plaintiff's motion for electronic service of process [16] is granted. Order to enter. Mailed notice.

20

May 30, 2023

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Rebecca R. Pallmeyer on 5/30/2023.

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

21

June 8, 2023

MOTION by Plaintiff FCA US LLC for extension of time of Temporary Restraining Order

22

June 8, 2023

MEMORANDUM by FCA US LLC in support of extension of time 21

(Declaration of Kahlia R. Halpern)

23

June 8, 2023

CIVIL BOND in the amount of $ 50,000 posted by FCA US LLC. (Document not scanned).

24

June 8, 2023

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion for extension of time 21 is granted. The Temporary Restraining Order is extended for a period of fourteen (14) days until June 22, 2023. Order to enter. Mailed notice.

25

June 8, 2023

EXTENSION of Temporary Restraining Order: Signed by the Honorable Rebecca R. Pallmeyer on 6/8/2023. Mailed notice.

26

June 15, 2023

NOTICE of Voluntary Dismissal by FCA US LLC as to Certain Defendants

27

June 15, 2023

MOTION by Plaintiff FCA US LLC for preliminary injunction

Exhibit A

28

June 15, 2023

MEMORANDUM by FCA US LLC in support of motion for preliminary injunction[27]

Declaration of Kahlia R. Halpern

Exhibit 1

29

June 15, 2023

SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/15/2023, answer due 7/6/2023.

Declaration of Quinn B. Guillermo

Exhibit A

30

June 15, 2023

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for entry of a preliminary injunction [27] is granted. Enter order. The Law Firm of Greer, Burns & Crain, Ltd. is 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 https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

31

June 15, 2023

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Rebecca R. Pallmeyer on 6/15/2023. Mailed notice

32

June 16, 2023

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

NEW PARTIES: jingmo46, jintuanshangmao, juhongkeji, kaora_14, kexinkang-su, king1motor19, kiwittian, kuqing-81, kynymaker, liao784, lidon5155, liuchuanjia, liukai3, liy-3761, luxiyue-4carbonfiber, m03219, mad-baboon, mar597997, masterpiece-uk, merisnowtechno0, miniskirt2, miuincy, mounting-plus, mount-wholesale, napincaz, nixuejiao33, nn-store-007, notti-2060, oblm77, oyks1905, po8nugu, q454853876, qa8hk-wupkscwbv, qcdin_water, qfrtechnol_0, qiuti270367, qq-autolights, queenstb, rdff83, rerpro_2022, rigidsteel123, romanbestparts, rstmoto, ruanqishangmao, salint, saqiu_82, Save money for u, sea333leasi0, senvos-autoparts, serenity1805, shaguoqing81912, shanximingruhaobuxi0, shengtu1225, sihangshop, sname789, soyavision20173, strawberrytongt, superpartscenter, tabo8008, tabodz-202, tasteofho_0, tfautoparts_4, tian440-77, ttwl6000, upwc168, usstore01, uuc6_97, wangmingjian06, wangyuchen12010, westparts905, williestore, wilnara_autoparts, wuhanyinyudongsha-0, wuli_fairdeal, xiyun668, xr-auto, xraytw, xr-part, ya-393945, yifengwenhua, yinghongji6, yt_auto_scanner, yufeng-43, yushangmaoyi, zhang-8260, zhangj-1219, zhanglianghong, zhaoxc_99, zhenghan55, zhuawa, MUCHENGGIFT GROUP Co.ltd, MUCHENGGIFT GROUP LTD, 6GGVO9YUT, Bonmito, chongpeicheng45285, clearfechild, Discotvr, drtuy, El bote, Ethelene Spillman, frVUIzvN, gailingzi, Genxuming, George Phelps, H7MLXJUX5, her3i2, jfctdxvhu, jinhui fashion trade, Konys, la minera, liguiyan77555, linliai, liuxiulan, Liyaguojiadiy, luxifeng123456, qianpobai, Rootechnologie, shupengyi, sjuiasdnbkzxasl, Suthers, tchotchkes, Titanicshop, wenyi fashion, xiaojing de shop, yangpeiwen31236, yebobo fashion, yongyanmei48084, Yraie, zhaojun39491 and zhouzhuanfu added to case caption.

33

June 22, 2023

NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants

34

June 27, 2023

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeremy C. Daniel; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Jeremy C. Daniel; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeremy C. Daniel's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's criminal case assignment system twelve (12) months so that Judge Daniel shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeremy C. Daniel for all further proceedings. Honorable Rebecca R. Pallmeyer no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/27/2023.

35

June 29, 2023

NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants

36

July 7, 2023

MINUTE entry before the Honorable Jeremy C. Daniel: Pursuant to Plaintiff's Notice of Dismissal under Rule 41(a)(1), the following defendants are dismissed from this action with leave to reinstate within two hundred seventy (270) days: nn-store-007, oblm77, qa8hk-wupkscwbv, rerpro_2022, senvos-autoparts, shaguoqing81912, shengtu1225, sjuiasdnbkzxasl, strawberrytongt, tabo8008, wilnara_autoparts, xiyun668, xr-auto, xr-part, Genxuming and mount-wholesale. Mailed notice

37

July 7, 2023

NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants

38

July 11, 2023

MINUTE entry before the Honorable Jeremy C. Daniel: Pursuant to the Notice of Dismissal Under Rule 41(a)(1) the Plaintiff dismisses this action, with leave to reinstate within two hundred and seventy (270) days, as to the the following Defendants: Miuincy, po8nugu and romanbestparts. Mailed notice

39

July 20, 2023

NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants

40

July 26, 2023

NOTICE of Voluntary Dismissal by FCA US LLC as to Certain Defendants

41

July 26, 2023

MOTION by Plaintiff FCA US LLC for entry of default as to all Defendants, MOTION by Plaintiff FCA US LLC for default judgment as to all Defendants

(Exhibit A)

42

July 26, 2023

MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment 41

(Exhibit 1)

43

July 26, 2023

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

(Exhibit 1)

44

July 26, 2023

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment 41 before Honorable Jeremy C. Daniel on 8/1/2023 at 09:00 AM.

(Exhibit A)

45

Aug. 1, 2023

ATTORNEY Appearance for Plaintiff FCA US LLC by Jake Michael Christensen

46

Aug. 1, 2023

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [41] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $20,000 from each remaining Defendant is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Mailed notice

47

Aug. 1, 2023

FINAL JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 8/1/2023. Mailed notice

48

Aug. 2, 2023

TRANSCRIPT OF PROCEEDINGS held on 08-01-2023 before the Honorable Jeremy C. Daniel. Order Number: 46479. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov, 312-435-5567. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/23/2023. Redacted Transcript Deadline set for 9/4/2023. Release of Transcript Restriction set for 10/31/2023.

49

Aug. 2, 2023

MAILED trademark report with certified copy of minute order dated 8/1/23 to Patent Trademark Office, Alexandria VA.

(Certified Minute Order)

50

Aug. 10, 2023

FULL SATISFACTION of Judgment regarding order 47 in the amount of $20,000 as to certain defendant

51

Aug. 17, 2023

FULL SATISFACTION of Judgment regarding order 47 in the amount of $20,000 as to certain defendant

52

Jan. 4, 2024

FULL SATISFACTION of Judgment regarding order 47 in the amount of the Judgment Amount as to certain defendant

53

April 5, 2024

Notice of Removal of Material from the Custody of the Clerk's Office 23 Civil Bond by Plaintiff's counsel Greer, Burns & Crain, Ltd. (Received by the Intake Counter on 3/29/24).

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