1:23-CV-00864
02/13/2023
Pending - Other Pending
Intellectual Property - Trademark
Sara L. Ellis
Grumpy Cat Limited
The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
Robert Payton Mcmurray
Michael A. Hierl
William Benjamin Kalbac
(#39) MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction #34 . The Court strikes the status date set for 4/19/2023 and resets it to 5/10/2023 at 9:30 a.m. Plaintiff should file any motion for default judgment and notice it for presentment to the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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 (rj, ) (Entered: 04/11/2023)
(#38) SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/5/2023, answer due 4/26/2023. (Hierl, Michael) (Entered: 04/06/2023)
(#37) NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #34 before Honorable Sara L. Ellis on 4/11/2023 at 09:45 AM. (Hierl, Michael) (Entered: 04/05/2023)
(#36) DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #34 (Hierl, Michael) (Entered: 04/05/2023)
(#35) MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction #34 (Hierl, Michael) (Entered: 04/05/2023)
(#34) MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) (Entered: 04/05/2023)
(#33) MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiff's motion for extension of time #30 . "The language of Rule 65(b)(2) and the great weight of authority support the view that 28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice." H_D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012), citing, Sampson v. Murray, 415 U.S. 61, 8688, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974); Nutrasweet Co. v. VitMar Enterprises, Inc., 112 F.3d 689, 692 (3d Cir.1997); Pan American World Airways, Inc. v. Flight Engineers' Int'l Ass'n, 306 F.2d 840, 84243 (2d Cir.1962); Connell v. Dulien Steel Products, Inc., 240 F.2d 414, 417 (5th Cir.1957). Here, none of the Defendants have agreed to the extension of the TRO entered on February 14, 2023. Given that Plaintiff could have moved to compel compliance with the TRO prior to its expiration and have not done so, the Court does not find good cause to extend the TRO beyond the 28 day limit and without the Defendants' consent. The Court strikes the status date set for 3/14/2023 and resets it to 4/19/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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 (rj, ) (Entered: 03/13/2023)
Exhibit 2
(#32) NOTICE of Motion by Michael A. Hierl for presentment of extension of time #30 before Honorable Sara L. Ellis on 3/14/2023 at 09:30 AM. (Hierl, Michael) (Entered: 03/09/2023)
RESTRICTED
(#6) MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) (Entered: 02/13/2023)
(#5) ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray (Mcmurray, Robert) (Entered: 02/13/2023)
(#4) ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac (Kalbac, William) (Entered: 02/13/2023)
(#3) ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl (Hierl, Michael) (Entered: 02/13/2023)
(#2) CIVIL Cover Sheet (Hierl, Michael) (Entered: 02/13/2023)
Exhibit 2
Exhibit 1
Main Document
Docket(#39) MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction #34 . The Court strikes the status date set for 4/19/2023 and resets it to 5/10/2023 at 9:30 a.m. Plaintiff should file any motion for default judgment and notice it for presentment to the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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 (rj, ) (Entered: 04/11/2023)
[-] Read LessDocket(#38) SUMMONS Returned Executed by Grumpy Cat Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/5/2023, answer due 4/26/2023. (Hierl, Michael) (Entered: 04/06/2023)
[-] Read LessDocket(#37) NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction #34 before Honorable Sara L. Ellis on 4/11/2023 at 09:45 AM. (Hierl, Michael) (Entered: 04/05/2023)
[-] Read LessDocket(#36) DECLARATION of Michael A. Hierl regarding motion for preliminary injunction #34 (Hierl, Michael) (Entered: 04/05/2023)
[-] Read LessDocket(#35) MEMORANDUM by Grumpy Cat Limited in support of motion for preliminary injunction #34 (Hierl, Michael) (Entered: 04/05/2023)
[-] Read LessDocket(#34) MOTION by Plaintiff Grumpy Cat Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) (Entered: 04/05/2023)
[-] Read LessDocketSUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (jb, ) (Entered: 04/05/2023)
[-] Read LessDocket(#33) MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiff's motion for extension of time #30 . "The language of Rule 65(b)(2) and the great weight of authority support the view that 28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice." H_D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012), citing, Sampson v. Murray, 415 U.S. 61, 8688, 94 S.Ct. 937, 39 L.Ed.2d 166 (1974); Nutrasweet Co. v. VitMar Enterprises, Inc., 112 F.3d 689, 692 (3d Cir.1997); Pan American World Airways, Inc. v. Flight Engineers' Int'l Ass'n, 306 F.2d 840, 84243 (2d Cir.1962); Connell v. Dulien Steel Products, Inc., 240 F.2d 414, 417 (5th Cir.1957). Here, none of the Defendants have agreed to the extension of the TRO entered on February 14, 2023. Given that Plaintiff could have moved to compel compliance with the TRO prior to its expiration and have not done so, the Court does not find good cause to extend the TRO beyond the 28 day limit and without the Defendants' consent. The Court strikes the status date set for 3/14/2023 and resets it to 4/19/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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 (rj, ) (Entered: 03/13/2023)
[-] Read LessDocket(#32) NOTICE of Motion by Michael A. Hierl for presentment of extension of time #30 before Honorable Sara L. Ellis on 3/14/2023 at 09:30 AM. (Hierl, Michael) (Entered: 03/09/2023)
[-] Read LessDocket(#31) SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Exhibit 1 (Hierl, Michael) (Entered: 03/09/2023)
[-] Read LessDocketCLERK'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. (smb, ) (Entered: 02/13/2023)
[-] Read LessDocketCASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (smb, ) (Entered: 02/13/2023)
[-] Read LessDocket(#8) NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grumpy Cat Limited (Hierl, Michael) (Entered: 02/13/2023)
[-] Read LessDocket(#7) SEALED DOCUMENT by Plaintiff Grumpy Cat Limited Sealed Schedule A (Hierl, Michael) (Entered: 02/13/2023)
[-] Read LessDocket(#6) MOTION by Plaintiff Grumpy Cat Limited to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) (Entered: 02/13/2023)
[-] Read LessDocket(#5) ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Robert Payton Mcmurray (Mcmurray, Robert) (Entered: 02/13/2023)
[-] Read LessDocket(#4) ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by William Benjamin Kalbac (Kalbac, William) (Entered: 02/13/2023)
[-] Read LessDocket(#3) ATTORNEY Appearance for Plaintiff Grumpy Cat Limited by Michael A. Hierl (Hierl, Michael) (Entered: 02/13/2023)
[-] Read LessDocket(#2) CIVIL Cover Sheet (Hierl, Michael) (Entered: 02/13/2023)
[-] Read LessDocket(#1) COMPLAINT filed by Grumpy Cat Limited; Jury Demand. Filing fee $ 402, receipt number AILNDC-20341204. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hierl, Michael) (Entered: 02/13/2023)
[-] Read Less