2024-cv-09937

COMPLAINT filed by General Motors LLC; Filing fee $ 405, receipt number AILNDC-22591727.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

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 Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category Two). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, and false designation of origin against 98 defendants. (R. 1 and R. 2.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[d]efendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit GM Products in the same transaction, occurrence, or series of transactions or occurrences." (R. 1 Para. 24.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The Court will consider the issues raised in this order at a hearing on October 30, 2024, at 9:30 a.m. Mailed notice.

MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by General Motors LLC in support of motion for temporary restraining order 14

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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Andrea Ankawi regarding memorandum in support of motion 15

(Exhibit 1)

SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 - Parts 1 - 2 regarding declaration 17

Exhibit 2-1

(Exhibit 2-2)

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 19

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

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 19, motion for temporary restraining order 14, motion for leave to file 3 before Honorable Jeremy C. Daniel on 10/30/2024 at 09:30 AM.

Supplemental Memorandum in Response to 13 by General Motors LLC

DECLARATION of Justin R. Gaudio regarding other 23

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

Exhibit 10

(Exhibit 11)

MINUTE entry before the Honorable Jeremy C. Daniel: Status and motion hearing held. Motions 3, 4 and 19 are entered and continued. For the reasons stated in open court, the rule to show cause is discharged. Mailed notice.

ORDER. The complaint [1] is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal [3] is granted. All other pending motions [[14], [19]] are denied as moot. Signed by the Honorable Jeremy C. Daniel on 11/18/2024. Mailed notice.

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

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff General Motors LLC Amended Schedule A regarding amended complaint[27]

MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by General Motors LLC in support of motion for temporary restraining order[29]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[30]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Andrea Ankawi regarding memorandum in support of motion[30]

Exhibit 1

SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 regarding declaration[32]

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[34]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35]

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[29], motion for miscellaneous relief[34] before Honorable Jeremy C. Daniel on 11/26/2024 at 09:30 AM.

TRANSCRIPT OF PROCEEDINGS held on 10-30-2024 before the Honorable Jeremy C. Daniel. Order Number: 50403. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. 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 12/13/2024. Redacted Transcript Deadline set for 12/23/2024. Release of Transcript Restriction set for 2/20/2025.

ATTORNEY Appearance for Plaintiff General Motors LLC by Trevor Christian Talhami

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motions for temporary restraining order [26] and for leave to file under seal [29] are granted. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 11/26/2024. Mailed notice

Registry Deposit Information Form by General Motors LLC

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

BOND in the amount of $ 10,000 Check, Receipt No. 100013825, posted by General Motors LLC. (Text entry; no document attached.)

MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order

MEMORANDUM by General Motors LLC in support of extension of time 43

DECLARATION of Marcella D. Slay regarding memorandum in support of motion 44

NOTICE of Motion by Marcella Deshonda Slay for presentment of extension of time 43 before Honorable Jeremy C. Daniel on 12/10/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion to extend the temporary restraining order 43 is granted in part. The temporary restraining order entered on November 26, 2024, 41, now expires December 19, 2024, at 11:00 a.m. The motion hearing is stricken. Mailed notice.

MOTION by Plaintiff General Motors LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by General Motors LLC in support of motion for preliminary injunction 48

DECLARATION of Marcella D. Slay regarding memorandum in support of motion 49

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 48 before Honorable Jeremy C. Daniel on 12/19/2024 at 09:30 AM.

(Exhibit A)

SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/16/2024, answer due 1/6/2025.

Declaration of Lucas A. Peterson

(Exhibit A)

ATTORNEY Appearance for Plaintiff General Motors LLC by Thomas Joseph Juettner

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 12/19/2024. Motion hearing held. Plaintiff's motion for entry of a preliminary injunction as to certain defendants [48] is granted. The plaintiff is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice.

NEW PARTIES: Shenzhen 4How Net Technology Co.,Ltd added to case caption. (Text entry; no document attached.)

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 12/27/2024: Mailed notice.

MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to Shenzhen 4How Net Technology Co.,Ltd and the Individuals and Entities Operating Shenzhen 4How Net Technology Co.,Ltd.

(Exhibit A)

MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment, 56

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 57

(Exhibit 1)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment, 56 before Honorable Jeremy C. Daniel on 1/14/2025 at 09:30 AM.

(Exhibit A)

FINAL JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 1/14/2025. Motion hearing held. Plaintiff's motion for entry of default and default judgment [56] is granted. Civil case terminated. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, terminated case 60 in the amount of $50,000 as to certain defendant

TRANSCRIPT OF PROCEEDINGS held on 10-30-2024 before the Honorable Jeremy C. Daniel. Order Number: 52937. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. 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 10/1/2025. Redacted Transcript Deadline set for 10/13/2025. Release of Transcript Restriction set for 12/9/2025.