2023-cv-00831

COMPLAINT filed by Eicher Motors Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-20336001.

(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

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 John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Susan E. Cox. 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.

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 Transfer of the Defendant Domain Names, 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, 10

Declaration Ribchester Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 1 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 2 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 3 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 4 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 5 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 6 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 7 of Ribchester Declaration

SEALED DOCUMENT by Plaintiff Eicher Motors Limited Exhibit 2 Part 8 of Ribchester Declaration

Notice of Claims Involving Trademarks by Eicher Motors Limited

MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 10 is granted. Plaintiff's motions for leave to file under seal 6 and to exceed page limitation 9 are granted. Enter temporary restraining order. Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 2/13/2023. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

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

SURETY BOND in the amount of $ 191,000 posted by Eicher Motors Limited. (Document not scanned).

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

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 26 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 2/24/2023. Mailed notice

MOTION by Plaintiff Eicher Motors Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Eicher Motors Limited in support of motion for preliminary injunction 29

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29

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

DECLARATION of William B. Kalbac Declaration of Service

(Exhibit A)

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 29 is granted. Enter preliminary injunction order. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 3/10/2023. Mailed notice

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 121

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 35, defendant No. 121 is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 124, 125

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 37, defendants Nos. 124 and 125 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 151

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 39, defendant No. 151 is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 152

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 41, defendant No. 152 is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Eicher Motors Limited Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 43, defendants Nos. 123, 127, 129 and 130 are dismissed from this case. Mailed notice

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt'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 LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.

SUMMONS Returned Executed by Eicher Motors Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 3/9/2023, answer due 3/30/2023.

DECLARATION of William B. Kalbac Declaration of Service

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

MEMORANDUM by Eicher Motors Limited in support of motion for default judgment 48

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 48

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's Motion for Entry of Default and Default Judgment against the Defendants Identified in Amended Schedule A 48. The Amended Schedule A referenced in Plaintiff's motion has not been filed on the docket. Therefore, the Court directs Plaintiff to file an Amended Schedule A by 7/7/2023. Nonetheless, all remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/14/2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day after an Amended Schedule A is filed and must promptly file proof of that service. Mailed notice

NOTICE by Eicher Motors Limited Notice of Filing

(Amended Schedule A)

CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Eicher Motors Limited

FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on August 14, 2023. Emailed notice.

MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 48 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 or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of 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 $50,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case terminated. Emailed notice.

SATISFACTION of Judgment

SATISFACTION of Judgment