2024-cv-01193

2024-cv-01193 Monster Energy Company v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :2/12/2024
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

Feb. 12, 2024

COMPLAINT filed by Monster Energy Company; Filing fee $ 405, receipt number AILNDC-21630311.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

2

Feb. 12, 2024

SEALED EXHIBIT by Plaintiff Monster Energy Company Schedule A regarding complaint[1]

3

Feb. 12, 2024

MOTION by Plaintiff Monster Energy Company for leave to file under seal

4

Feb. 12, 2024

CIVIL Cover Sheet

5

Feb. 12, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Monster Energy Company

6

Feb. 12, 2024

Notice of Claims Involving Trademarks by Monster Energy Company

7

Feb. 12, 2024

ATTORNEY Appearance for Plaintiff Monster Energy Company by Justin R. Gaudio

8

Feb. 12, 2024

ATTORNEY Appearance for Plaintiff Monster Energy Company by Amy Crout Ziegler

9

Feb. 12, 2024

ATTORNEY Appearance for Plaintiff Monster Energy Company by Berel Yonathan Lakovitsky

10

Feb. 12, 2024

ATTORNEY Appearance for Plaintiff Monster Energy Company by Thomas Joseph Juettner

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.

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2).

11

Feb. 13, 2024

MAILED trademark report to Patent Trademark Office, Alexandria VA.

12

Feb. 13, 2024

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

13

Feb. 13, 2024

MAILED copyright report to Registrar, Washington DC.

14

Feb. 13, 2024

MOTION by Plaintiff Monster Energy Company for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

15

Feb. 13, 2024

MEMORANDUM by Monster Energy Company in support of motion for temporary restraining order[14]

16

Feb. 13, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

17

Feb. 13, 2024

DECLARATION of Bruce Kingsland regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

18

Feb. 13, 2024

SEALED EXHIBIT by Plaintiff Monster Energy Company Exhibit 3 - Parts 1-6 regarding declaration[17]

19

Feb. 13, 2024

MOTION by Plaintiff Monster Energy Company for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

20

Feb. 13, 2024

MEMORANDUM by Monster Energy Company in support of motion for miscellaneous relief[19]

21

Feb. 13, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

Exhibit 1

Exhibit 2

22

Feb. 14, 2024

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 19 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order (etc.) 14 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 2/28/2024 at 8:50 AM. The following call-in number will be used for the hearing: 888-684-8852; access code 746-1053. Any motion for preliminary injunction or motion to extend the TRO must be filed by 2/23/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon and how the motion has been served. Mailed notice.

23

Feb. 14, 2024

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 2/14/2024.

SUMMONS Issued as to Defendant "The Partnerships and all otherDefendants identified in the Complaint"(jcc,)

24

Feb. 22, 2024

SURETY BOND in the amount of $ 10,000 posted by Monster Energy Company. (Document not Imaged)

25

Feb. 23, 2024

NOTICE of Voluntary Dismissal by Monster Energy Company as to a certain Defendant

26

Feb. 23, 2024

MOTION by Plaintiff Monster Energy Company for preliminary injunction as to certain Defendants

(Exhibit A)

27

Feb. 23, 2024

MEMORANDUM by Monster Energy Company in support of motion for preliminary injunction 26

Declaration of Berel Y. Lakovitsky

(Exhibit 1)

28

Feb. 23, 2024

SUMMONS Returned Executed by Monster Energy Company as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/23/2024, answer due 3/15/2024.

Declaration of Thomas J. Juettner

(Exhibit A)

29

Feb. 26, 2024

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction against certain defendants is granted 26. Enter Preliminary Injunction Order. The telephonic hearing set for 2/28/2024 is vacated. The case is set for a telephonic status hearing on 5/13/2024 at 8:50 AM. The following call-in number will be used: 888-684-8852; access code 746-1053. The parties are directed to file a joint status report by 5/6/2024 The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. 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 located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

30

Feb. 26, 2024

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 2/26/2024. Mailed notice.

NEW PARTIES: Dongguan Siweilu Outdoor Products Co., Ltd., Jinhua Wvcool Refrigeration Equipment Co., Ltd, Ningbo Beejay Toys Co.,Ltd, Taizhou Duolan Trading Co., Ltd., Yongkang Lingqi Technology Co., Ltd., Zhejiang Yeahsun Import&Export Co., Ltd., Assier Store, Bmw 72 Store, Case Studio Store, daydayup Store, DIY Charms Pendants Store, Fashion Phone Case Store Store, FIREBROS Official Store, Giyu Great shoe charms Store, jiayao Store, Lentos Car Motorcycle Supplies Store, MOC BRICKS Store, Monster Energy Store, Mrs Patch Store, NONO Store, SHIMANO Outdoor Supplies Store, Shop1102301218 Store, Shop1102314540 Store, Shop1102470264 Store, Shop1102814357 Store, Shop1102819353 Store, Shop1102846496 Store, Shop1102921144 Store, Shop1102992011 Store, Shop1103054116 Store, Xiaoran-51 Store, YJLIN Jewelry Store, YU-YSYLED Store, Zhiwen Accessories Store, A1DRJUODPRUJ3Z, A2NXXVQNN3OVFK, Cecebracelst, Celestial queen trade, Chen Kong Yan, chengdumuzhongzhushangmaoyouxiangongsi, chenjingtiemnzxv, chenxiamei, COOLERFIRE SHOP, CowboyGuru, DGFDHTKJTU, feilaiju, fhfuyusdsd, Fine canvas poster, FlipSports, GKEWEA-Tees, guangzhoushichaohuamaoyishanghang, guangzhoushihuixidianshanggongzuoshi, GYZYART, Henghe tidal current, Huaihao Store, junhaoriyongpinjingyingbu, KOUKOUQIKOU, KSDGLKF, laozhaoriyongpindian, Nacilerto, OUTDRIVE-US, QINFENg, QINGZHEN Art, TANG Art, TOPEPER, WangGianglongan, wuhualongjjcv, xingyueriyongpindian, xinqihulianwanglingshoushanghang, xinxiushangmao, Xiwu-UK-Shop, yanhepostershop, YODE, YuanGuChuan Art, yunnantuojiujingmaoyouxi, zejianpostershop, zhangyanyuyouhuagongyipin, ZHANGZHIHAOKESHANGMAOYOUXIANGONGSI, hh77777, 8564141dadasdagnjjjjjj, autumnsunco_0843, baik58, baldness569, binw957776, burles_store, certainly_clean, chang-2161, don_6842, eagleburgmannho-0, found_everything, fsdsvrt, ghpd-12, guicai_82, hot_water9, huangyuya, jimu-55, kingdom_molder, kunmingwaigadianzis0, lianji-36, liugang21450, ming-122697, mxsxzrm, night-owl-shop, qiangbenh3, shanxipinleiwangla0, shijunebncai520, shyo-4659, urlwall-surron-uk, vodkafans2013, wan-14, wangxiao63010, weibeng399398, xuewen8665, yuem2954, yume_4940, zhoufanxiong, Collect Stars, Happy Miao, Lightingggg, PHOXE STUDIO, Stainless Steel Jewellry, Daily Grocery Store, GreatcityShop, Aumu Snow Boots, chenguixia6567, C-ONE Jewelry, guanlin2134, laodang, lingfeng3528, trusted store and TXYshop added to case caption.

31

March 14, 2024

NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendant

32

March 20, 2024

SUMMONS Returned Executed by Monster Energy Company as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/20/2024, answer due 4/10/2024.

Declaration of Thomas J. Juettner

(Exhibit A)

33

March 28, 2024

NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendants

34

April 11, 2024

NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendant

35

April 12, 2024

MOTION by Plaintiff Monster Energy Company for entry of default, MOTION by Plaintiff Monster Energy Company for default judgment as to all Defendants

Exhibit A

36

April 12, 2024

MEMORANDUM by Monster Energy Company in support of motion for entry of default, motion for default judgment[35]

Exhibit 1

37

April 12, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]

Exhibit 1

38

April 15, 2024

ATTORNEY Appearance for Defendants A1DRJUODPRUJ3Z, Henghe tidal current, Huaihao Store, KOUKOUQIKOU, TOPEPER, guangzhoushichaohuamaoyishanghang, guangzhoushihuixidianshanggongzuoshi by Adam Edward Urbanczyk

39

April 15, 2024

MOTION by Defendants A1DRJUODPRUJ3Z, Henghe tidal current, Huaihao Store, KOUKOUQIKOU, TOPEPER, guangzhoushichaohuamaoyishanghang, guangzhoushihuixidianshanggongzuoshi for extension of time

40

April 15, 2024

MINUTE entry before the Honorable Matthew F. Kennelly: The motion by defendants A1DRJUODPRUJ3Z; Henghe tidal current; Huaihao Store; KOUKOUQIKOU, TOPEPER; guangzhoushichaohuamaoyishanghang; and guangzhoushihuixidianshanggongzuoshi for extension of time [39] is granted; those defendants' response to the complaint is to be filed by 5/15/2024. Plaintiff's motion for entry of default judgment [35] is granted as to all other defendants. Plaintiff's counsel is directed to promptly provide to Judge Kennelly's proposed order e-mail address (in Word format) a revised default judgment order excluding the aforementioned defendants. Mailed notice.

41

April 15, 2024

DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS, signed by the Honorable Matthew F. Kennelly on 4/15/2024.

42

May 6, 2024

STATUS Report Joint Pursuant to [29] by Monster Energy Company

43

May 7, 2024

MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the joint status report. The telephonic hearing set for 5/13/2024 is vacated and reset to 5/28/2024 at 9:10 AM. The following call-in number will be used: 888-684-8852; access code 746-1053. A joint status report detailing the parties' progress in completing their settlement is to be filed on 5/24/2024 unless a stipulation or notice of dismissal is on file by that date.

44

May 15, 2024

MOTION by Defendant A1DRJUODPRUJ3Z for extension of time

45

May 16, 2024

MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendant A1DRJUODPRUJ3Z for extension of time [44] is granted; response to complaint is to be filed by 6/14/2024.

46

May 24, 2024

STATUS Report per [43] (Joint) by Monster Energy Company

47

May 24, 2024

MOTION by Plaintiff Monster Energy Company for entry of default, MOTION by Plaintiff Monster Energy Company for default judgment as to certain Defendants

Exhibit A

48

May 24, 2024

MEMORANDUM by Monster Energy Company in support of motion for entry of default, motion for default judgment[47]

49

May 24, 2024

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

Exhibit 1

50

May 24, 2024

DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS, signed by the Honorable Matthew F. Kennelly on 5/24/2024.

51

May 28, 2024

MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/28/2024. The parties reported that they are close to reaching a settlement agreement regarding the last remaining defendant. A telephonic status hearing is set for 6/11/2024 at 9:00 a.m. The Court will vacate the status if a stipulation of dismissal is filed before the hearing date. The following call-in number will be used for the hearing: 650-479-3207; access code 980-394-33. 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

June 6, 2024

NOTICE of Voluntary Dismissal by Monster Energy Company as to certain defendant

53

June 7, 2024

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against defendant A1DRJUODPRUJ3Z are voluntarily dismissed with leave to reinstate within 270 days of today's date. The Clerk is directed to terminate the case because there are no defendants against which claims remain pending. Civil case terminated. Mailed notice.

54

July 18, 2024

FULL SATISFACTION of Judgment regarding order[41] in the amount of $100,000 as to certain defendants

55

Aug. 21, 2025

FULL SATISFACTION of Judgment regarding order[41] in the amount of $100,000 as to certain defendant

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