2024-cv-12110

COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 405, receipt number AILNDC-22767914.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Eicher Motors Limited by John Wilson

MOTION by Plaintiff Eicher Motors Limited to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eicher Motors Limited

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2).

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.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file under seal 7. Upon review of the complaint, the Court sua sponte raises the propriety of joining 121 defendants 8 in a single action involving 13 trademark registrations 1. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 12/16/24, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff may also want to reference this Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed its joinder-related concerns in cases of this size and type. In the alternative, plaintiff has leave to file an amended complaint by 12/16/24 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189.

MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Motion for a First Extension of Time to File a Memorandum in Support of Joinder and Supporting Declaration

AMENDED complaint by Eicher Motors Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

MINUTE entry before the Honorable Georgia N Alexakis: Motion for an extension of time until 12/18/24 to file a memorandum in support of joinder and supporting declaration 11 is granted.

MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Eicher Motors Limited for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Eicher Motors Limited in support of motion for temporary restraining order, 16

Declaration Ribchester Declaration

Exhibit 1

Declaration McMurray Declaration

(Exhibit McMurray Exhibit 1)

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 to Ribchester Declaration

NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 15, motion for temporary restraining order, 16 before Honorable Georgia N Alexakis on 12/19/2024 at 09:00 AM.

MEMORANDUM by Eicher Motors Limited Plaintiff's Memorandum in Support of Joinder

(Exhibit 1)

MINUTE entry before the Honorable Georgia N Alexakis: In light of the Court's standing order requiring three business days before presentment of the motion 15 16, the Court re-sets the motion hearing in this matter to 12/30/24 at 9:30 a.m.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice.

MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 12/30/24. Plaintiff's motion for leave to file excess pages 15 is granted. For the reasons stated on the record, Plaintiff's motion for a temporary restraining order 16 is granted in part and denied in part. The Court grants Plaintiff's request for a temporary injunction, expedited discovery, and service of process by email and/or electronic publication. The Court denies plaintiff's request for a temporary asset restraint. Enter order as modified. Plaintiff's written submissions and in-court oral representations establish a likelihood of success on the merits, that the infringement is ongoing, that the harm to plaintiff is irreparable, and that an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and assets to be frozen. If any defendant were to appear and object, the court will take a fresh look at issues related to joinder, electronic service, and personal jurisdiction. The Court finds that security in the amount of $1,000 per defendant (a total of $13,000) is sufficient to secure the injunctive relief. Any motion to compel third-party platforms to provide information relevant to a temporary asset restraint is due on or before 1/30/25 and should be noticed up for presentment.

SEALED Temporary Restraining Order Signed by the Honorable Georgia N Alexakis on 12/30/24.

SURETY BOND in the amount of $ 13,000.00 posted by Eicher Motors Limited

MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 25 before Honorable Georgia N Alexakis on 1/13/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis:Plaintiff's ex parte motion to extend the temporary restraining order 25 is granted. The TRO is extended to 1/27/25 for the reasons stated in the order granting the initial TRO 22, 23. No appearance is required on 1/13/25.

MOTION by Plaintiff Eicher Motors Limited for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

(Exhibit 2)

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Sealed Exhibit 1

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 29 before Honorable Georgia N Alexakis on 1/28/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 1/28/25. For the reasons stated on the record Plaintiff's ex parte motion to extend the temporary restraining order 29 is denied.

MOTION by Plaintiff Eicher Motors Limited Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Eicher Motors Limited to expedite Plaintiff's Motion for Expedited Discovery

NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 33, motion to expedite 34 before Honorable Georgia N Alexakis on 2/11/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for expedited discovery 34 and electronic service of process 33 are granted. No appearance required on 2/11/25. The Court finds that expedited discovery is warranted to identify defendants. The Court also finds that electronic service does not violate any treaty and is consistent with due process because it is an effective way to communicate with the online marketplace defendants. The Court decides these issues, however, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court will take a fresh look at the issues of electronic service and expedited discovery as well as any issues related to personal jurisdiction and joinder. Enter Order.

ORDER Signed by the Honorable Georgia N Alexakis on 2/10/25.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by Eicher Motors Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 3/3/2025, answer due 3/24/2025.

MINUTE entry before the Honorable Georgia N Alexakis: The parties are directed to submit a joint status report on or before 4/10/25. If no defendant has appeared by that date, plaintiff should prepare and submit the status report.

STATUS Report by Eicher Motors Limited

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 42. As defendants have been served, and yet no appearances have been made and no answers have been filed, plaintiff is directed to file a motion for entry of default and default judgment on or before 4/25/25 and to notice it up for presentment before the Court.

MOTION by Plaintiff Eicher Motors Limited for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Eicher Motors Limited for default judgment as to Plaintiff's Motion for Entry of Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit A)

MEMORANDUM by Eicher Motors Limited in support of motion for default judgment 45

Exhibit A

Exhibit B

Exhibit 1 to Declaration of Robert McMurray

Exhibit C

Exhibit D

(Exhibit E)

DECLARATION of Michael A. Hierl regarding motion for default judgment 45

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 45 before Honorable Georgia N Alexakis on 5/1/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file a memorandum of law that exceeds the standard page limitation 44. With respect to plaintiff's motion for entry of default and default judgment, plaintiff seeks entry of default as to Defendant Nos. 1, 7, 12, 14, 24, 25, 34, 42, 60, 76, 77, 80, and 92, the remaining defendants in this matter. These defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against these defendants is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the Defaulting Defendants must be filed on or before 5/6/25. Plaintiff must serve this minute order upon the Defaulting Defendants within one business day of its entry on the docket and must promptly file proof of that service. On or before 5/6/25, plaintiff is directed to supplement its motion for entry of default judgment with a memorandum that provides the Court with any additional information that would permit it to conduct an individualized assessment of damages on a per-defendant basis, including but not limited to information gathered through third-party discovery 34 of each Defaulting Defendant's sales figures with respect to the infringing products at issue and the length of time each Defaulting Defendant sold those infringing products. The Court re-sets the hearing on plaintiff's motion seeking default judgment as to the Defaulting Defendants from 5/1/25 to 5/8/25 at 9:30 a.m.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Eicher Motors Limited

MOTION by Plaintiff Eicher Motors Limited for extension of time to file Motion for Extension of Time

NOTICE of Motion by Michael A. Hierl for presentment of motion for extension of time to file 51 before Honorable Georgia N Alexakis on 5/13/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for an extension of time through 5/13/25 to file the supplemental memorandum requested by the Court in support of plaintiff's motion for entry of default and default judgment 51. The Court re-sets the hearing on plaintiff's motion for entry of default and default judgment from 5/8/25 to 5/15/25 at 9:30 a.m. No appearance is required on 5/13/25. Mailed notice.

MEMORANDUM by Eicher Motors Limited Plaintiff's Supplemental Memorandum in Support of a $50,000 Damage Award Per Defaulting Defendant

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

(Exhibit McMurray Exhibit 1)

MINUTE entry before the Honorable Georgia N Alexakis: Defaulting Defendant Nos. 1, 7, 12, 14, 24, 25, 34, 42, 60, 76, 77, 80, and 92 have not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 45 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 intellectual property rights irreparably harms plaintiff and confuses the public. Because this infringement was willful, and after considering the value of plaintiff's brand, the relatively low price-point of the infringing products, the amount of product available for sale, the length of time each defaulting defendant appears to have been engaged in infringing sales, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $5,000 is an appropriate award of statutory damages against Defaulting Defendant Nos. 7, 14, 34, 76, and 92 and that $10,000 is an appropriate award of statutory damages against Defaulting Defendant Nos. 1, 12, 24, 25, 42, 60, 77, and 80. Enter Final Judgment Order, as modified by the Court. Civil case terminated.

FINAL JUDGMENT ORDER Signed by the Honorable Georgia N Alexakis on 5/14/25.