2024-cv-12547

COMPLAINT filed by General Motors LLC; Filing fee $ 405, receipt number AILNDC-22809306.

Exhibit 1

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

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

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by General Motors LLC

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

ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff General Motors LLC by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff General Motors LLC by Lucas Allen Peterson

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

AMENDED complaint by General Motors LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

EXHIBIT by Plaintiff General Motors LLC Amended Schedule A regarding amended complaint[11]

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Joan B. Gottschall: On the civil cover sheet, plaintiff represents that this case is related to, but is not a refiling of, case no. 24-cv-12216, which is presently pending before Judge Blakey. Plaintiff is instructed to clarify how the two cases are related and whether it intends to file a motion to reassign under Local Rule 40.4; plaintiff should do so in a written status report on or before 12/16/2024. Mailed notice

RESPONSE by Plaintiff General Motors LLC to set deadlines, 15

ORDER: An initial status report is due on or before February 19, 2025. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2). If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 12/17/2024. Mailed notice

STANDING ORDER IN "SCHEDULE A" CASES Signed by the Honorable Joan B. Gottschall on 12/17/2024.Mailed notice

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 Joan B. Gottschall: In its motion to seal 3 Schedule A to the original complaint and an accompanying exhibit, plaintiff argued that good cause for sealing existed because, at that time, plaintiff intended to file a motion for a temporary restraining order, making it necessary to seal documents identifying defendants until they could be served with the anticipated temporary restraining order. Doc. No. 3 at 1. More than a month has come and gone, and plaintiff has not moved for a temporary restraining order. Rather, plaintiff has amended 11 its complaint to name one defendant. In view of these developments, plaintiff's motion to seal 3 is denied without prejudice because plaintiff does not appear to intend to move for a temporary restraining order. The Clerk is instructed to maintain the seal on all presently sealed documents in this case until and including 01/23/2025, which is plaintiff's deadline to renew its motion to seal if it wishes to do so. If plaintiff does not renew its motion to seal on or before 01/23/2025, all presently sealed documents will be unsealed on 01/24/2025. Mailed notice

MOTION by Plaintiff General Motors LLC for discovery Expedited

DECLARATION of Justin R. Gaudio regarding motion for discovery[21]

Exhibit 1

Exhibit 2

Exhibit 3

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 21 for leave to conduct expedited discovery is granted. Enter order. Mailed notice

ORDER Signed by the Honorable Joan B. Gottschall on 1/24/2025.Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Consistent with amended Schedule A 12, the Clerk is instructed to update the docket sheet's case title as follows: General Motors LLC v. bussee. Mailed notice

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

MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief[26]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[27]

MINUTE entry before the Honorable Joan B. Gottschall: Consistent with amended Schedule A 12, the Clerk is instructed to update the docket sheet's case title as follows: General Motors LLC v. bussee. On or before 02/19/2025, plaintiff is instructed to supplement its motion 26 for leave to conduct expedited discovery with the Google Maps results referenced in paragraph five of the declaration 28 of Justin R. Gaudio. Mailed notice.

SUPPLEMENT to motion for miscellaneous relief[26] Pursuant to [29]

Exhibit 1

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [26] leave to serve the summons and complaint by electronic means is granted. Enter order. By request of plaintiff, the deadline to file a joint initial status report is extended to and including 03/19/2025. Mailed notice

SUMMONS Submitted (Court Participant) for defendant(s) bussee by Plaintiff General Motors LLC

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

ORDER Signed by the Honorable Joan B. Gottschall on 2/21/2025.Mailed notice

SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/24/2025, answer due 3/17/2025.

Declaration of Lucas A. Peterson

(Exhibit A)

MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to Defendant bussee

(Exhibit A)

MEMORANDUM by General Motors LLC in support of motion for default judgment, motion for entry of default 36

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 37

(Exhibit 1)

STATUS Report Pursuant to 31 by General Motors LLC

(Exhibit A)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion 36 for default judgment in the amount of $71,378.31 against defendant Bussee. Any written response to, or request for a hearing on, plaintiff's motion for default judgment against defendant is due on or before April 8, 2025. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. If no written response or request for a hearing is received by the deadline, the court will assume that defendant does not oppose the motion and will rule on the papers. Plaintiff is ordered to serve defendant with a copy of this order in accordance with Federal Rule of Civil Procedure 5 and to file a certificate of service on or before March 27, 2025. Mailed notice

CERTIFICATE of Service by Plaintiff General Motors LLC regarding set motion and R&R deadlines/hearings, 40

(Exhibit A)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff premises its motion [36] for default judgment awarding defendant's profits from sales of infringing products on the following averment in the declaration of one of its attorneys: "My firm obtained expedited discovery from eBay, Inc. ("eBay") pursuant to Order [24]. eBay provided information regarding sales of each product sold on Defaulting Defendant's e commerce store in the year prior to the date of this action and the nature of the associated sales. The limited information provided by eBay for the Defaulting Defendant indicates that the sales generated by the Defaulting Defendant are at least $71,378.31." Decl. of J. Gaudio ¶ 4, ECF No. [38]. Under the authority of Fed. R. Civ. P. 55(b)(2), plaintiff is instructed to file the discovery materials produced by eBay supporting its request for damages. If it wishes, plaintiff may also file a supplemental memorandum of law explaining its calculation of damages. Plaintiff's supplemental evidence and any memorandum of law must be filed by and including April 18, 2025. Mailed notice

SUPPLEMENT to motion for default judgment, motion for entry of default[36] per [42]

Exhibit 1

Exhibit A

MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, plaintiff is instructed to file a status report by and including April 24, 2025, informing the court of how it wishes to proceed. Mailed notice

ORDER Signed by the Honorable Joan B. Gottschall on 4/18/2025. Mailed notice

Notice of Withdrawal of Plaintiff's Motion [36] by General Motors LLC

Exhibit A

MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to Defendant bussee

Exhibit A

MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment[47]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[48]

Exhibit 1

STATUS Report Pursuant to [44] by General Motors LLC

Exhibit A

MINUTE entry before the Honorable Joan B. Gottschall: In accordance with plaintiff's notice of withdrawal 46, its motion 36 for default judgment seeking defendant's profits is denied as withdrawn. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a renewed motion 47 for default judgment in the amount of $100,000 against defendant bussee. Any written response to, or request for a hearing on, plaintiff's motion 47 for default judgment against defendant is due on or before May 12, 2025. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. If no written response or request for a hearing is received by the deadline, the court will assume that defendant does not oppose the motion and will rule on the papers. Plaintiff is ordered to serve defendant with a copy of this order in accordance with Federal Rule of Civil Procedure 5 and to file a certificate of service on or before May 1, 2025. Mailed notice

CERTIFICATE of Service by Plaintiff General Motors LLC regarding set motion and R&R deadlines/hearings, 52

(Exhibit A)

MINUTE entry before the Honorable Joan B. Gottschall: The deadline [52] of May 12, 2025, to object to plaintiff's motion [47] for entry of default and default judgment has come and gone, and nothing has been filed. Plaintiff's motion [47] for entry of default and default judgment is granted. Enter default judgment. Case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 5/20/2025.Mailed notice

MAILED final trademark report with a copy of minute entry 54 and final judgment order 55 to Patent Trademark Office, Alexandria VA