BMW of North America et al v. Issa et al
| Utah District Court | |
| Judge: | Jill N Parrish |
| Referred: | Evelyn J Furse |
| Case #: | 2:19-cv-00220 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:1051 Trademark Infringement |
| Case Filed: | Apr 02, 2019 |
| Terminated: | Mar 20, 2020 |
| Last checked: Sunday Sep 29, 2019 4:52 AM MDT |
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Defendant
Ammar Issa
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Defendant
Rheingold USA Inc
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Defendant
Rheingold USA LLC
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Plaintiff
BMW of North America
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Represented By
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Plaintiff
Bayerische Motoren Werke AG
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Represented By
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GPO
Mar 20 2020
MEMORANDUM DECISION granting in part and denying in part 34 Stipulated Motion for Entry of Consent Judgment of Permanent Injunction and other Relief. The court grants the Motion in part but rejects part of the proposed permanent injunction. The court STRIKES paragraphs E and F from the parties' Consent Judgment and Proposed Permanent Injunction. The court will separately enter the Consent Judgment and Proposed Permanent Injunction after striking the proposed paragraphs E and F. Signed by Judge Jill N. Parrish on 3/20/20. (jds) |
| Docket last updated: 04/22/2024 11:59 PM MDT |
| Friday, March 20, 2020 | ||
| 38 | 38
5
pgs
order
Judgment - Consent Permanent Injunction
Fri 03/20 5:13 PM
CONSENT JUDGMENT AND PERMANENT INJUNCTION. The court HEREBY ORDERS permanent injunction pursuant to stipulation as outlined in the order. Case is dismissed as against Defendants with prejudice in accordance with this Consent Judgment. The parties are to bear their own costs and fees except as otherwise provided in Paragraph H of this Consent Judgment. Case Closed. Magistrate Judge Evelyn J. Furse no longer assigned to case. Signed by Judge Jill N. Parrish on 3/20/2020. (jds) |
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| 37 | 37
17
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order
Order on Motion for Entry of Judgment Memorandum Decision
Fri 03/20 1:50 PM
MEMORANDUM DECISION granting in part and denying in part 34 Stipulated Motion for Entry of Consent Judgment of Permanent Injunction and other Relief. The court grants the Motion in part but rejects part of the proposed permanent injunction. The court STRIKES paragraphs E and F from the parties' Consent Judgment and Proposed Permanent Injunction. The court will separately enter the Consent Judgment and Proposed Permanent Injunction after striking the proposed paragraphs E and F. Signed by Judge Jill N. Parrish on 3/20/20. (jds) |
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| Friday, September 13, 2019 | ||
| 36 | 36
misc
Brief
Fri 09/13 2:52 PM
Supplemental BRIEF re 35 Order,,,, Regarding Stipulated Motion for Entry of Judgment filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG.(White, Juliette) |
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Att: 1
Exhibit A-Exhibits to Proposed Order to the Stipulated Motion for Entry of Judgment,
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Att: 2
Exhibit B-Tapestry Judgment,
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Att: 3
Exhibit C-Damas Judgment,
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Att: 4
Exhibit D-Volkswagon Order
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| Wednesday, September 04, 2019 | ||
| 35 | 35
order
Order
Wed 09/04 5:46 PM
DOCKET TEXT ORDER: On August 23, 2019, parties filed 34 a stipulated motion for entry of consent judgment. The court is concerned with two aspects of the proposed order attached to the motion. First, the proposed order refers to exhibits not included in the filing. (ECF No. 34-1 at 2). Second, provisions in paragraph E purport to bind "[t]hose in privity with Defendants and those with actual notice of this Consent Judgment, including, without limitation" multiple online platforms, advertising providers, financial service providers, and banks. (ECF No. 34-1 at 5-8). Similarly, provisions in paragraph F purport to order Secretary of State offices to "immediately and permanently cancel, revoke, or remove" Defendants' copyright registrations and filings. (ECF No. 34-1 at 8). These provisions may exceed the proper scope of Fed. R. Civ. P. 65(d)(2). Parties have until Friday, September 13, 2019, to brief these issues and attach the missing exhibits. Otherwise, the court is inclined to strike paragraphs E and F from the proposed order. Signed by Judge Jill N. Parrish on 9/4/2019. No attached document. (hsj) |
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| Friday, August 23, 2019 | ||
| 34 | 34
3
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motion
Entry of Judgment
Fri 08/23 4:57 PM
Stipulated MOTION for Entry of Judgment and Memorandum in Support filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG.(White, Juliette) |
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Att: 1
Text of Proposed Order Consent Judgment
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| Wednesday, August 07, 2019 | ||
| 33 | 33
1
pgs
order
Order on Motion for Extension of Time
Wed 08/07 3:56 PM
ORDER granting 32 Motion for Extension of Time. The parties shall have until August 22, 2019 to comply with this Court's Order to Propose Schedule (ECF No. 30 ) and Docket Text Order (ECF No. 31 ). Signed by Magistrate Judge Evelyn J. Furse on 8/7/19. (jwt) |
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| 32 | 32
motion
Extension of Time
Wed 08/07 2:49 PM
Stipulated MOTION for Extension of Time to Comply with this Court's Order to Propose Schedule and Memorandum in Support filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG. Motions referred to Evelyn J. Furse.(White, Juliette) |
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Att: 1
Text of Proposed Order
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| Thursday, July 25, 2019 | ||
| 31 | 31
order
Order
Thu 07/25 12:16 PM
DOCKET TEXT ORDER: The parties are ORDERED to comply with Paragraph 2 of the Order to Propose Schedule 30 within fourteen (14) days. No attached document. Signed by Magistrate Judge Evelyn J. Furse on 7/25/2019. (nas) |
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| Wednesday, July 03, 2019 | ||
| 30 | 30
4
pgs
order
Order to Propose Schedule
Wed 07/03 12:59 PM
ORDER TO PROPOSE SCHEDULE - Plaintiffs must propose a schedule to defendants in the form of a draft Attorney Planning Meeting Report within fourteen (14) days. Within twenty-one (21) days, the parties shall meet and confer. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 7/3/2019. (jds) |
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| Tuesday, July 02, 2019 | ||
| 29 | 29
order
Order Referring Case to Magistrate Judge
Tue 07/02 2:54 PM
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 7/1/19. (ss) |
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| Tuesday, May 07, 2019 | ||
| 28 | 28
4
pgs
order
Order on Motion for Preliminary Injunction
Tue 05/07 5:33 PM
ORDER granting 26 Stipulated Motion for Preliminary Injunction. This Stipulated Preliminary Injunction Order is effective immediately. Signed by Judge Jill N. Parrish on 5/7/2019. (jds) |
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| 27 | 27
notice
Notice Vacating Hearing
Tue 05/07 4:27 PM
NOTICE VACATING PRELIMINARY INJUNCTION HEARING set for 5/8/19 at 1:00pm before Judge Jill N. Parrish (Notice generated by ss) Counsel for plaintiff contacted the court. Parties have reached an agreement. (ss) |
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| 26 | 26
motion
Preliminary Injunction
Tue 05/07 4:20 PM
Stipulated MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG.(White, Juliette) |
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Att: 1
Text of Proposed Order Stipulated Preliminary Injunction
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| Friday, May 03, 2019 | ||
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order
Order
Fri 05/03 2:25 PM
DOCKET TEXT ORDER - Upon further consideration, the parties should be prepared to present any evidence in support of or against a preliminary injunction at the hearing to be held on 5/8/19 at 1:00pm. Plaintiffs are to contact defendant to notify him of this order. No attached document Signed by Judge Jill N. Parrish on 5/3/19. (ss) |
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| 24 | 24
2
pgs
order
Order on Motion for Admission Pro Hac Vice
Fri 05/03 2:24 PM
ORDER granting 8 Motion for Admission Pro Hac Vice of David Kelly for BMW of North America,David Kelly for Bayerische Motoren Werke AG. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Jill N. Parrish on 5/3/2019. (jds) |
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| 23 | 23
notice
Notice From the Court
Fri 05/03 1:09 PM
NOTICE FROM THE COURT re 22 Notice of Hearing 5/8/19 at 1:00pm. If parties wish to present evidence you may do so at this hearing. Plaintiff counsel to notify defendant of the possibility of evidence being presented. (ss) |
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| 22 | 22
notice
Notice of Hearing
Fri 05/03 12:07 PM
NOTICE OF HEARING : (Notice generated by ss) Miscellaneous Hearing re: preliminary injunction set for 5/8/2019 at 01:00 PM in Rm 8.200. (ss) |
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| Thursday, May 02, 2019 | ||
| 21 | 21
service
Summons Returned Executed
Thu 05/02 3:22 PM
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Bayerische Motoren Werke AG, BMW of North America as to Rheingold USA LLC served on 4/30/2019, answer due 5/21/2019. (White, Juliette) |
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service
Summons Returned Executed
Thu 05/02 3:16 PM
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Bayerische Motoren Werke AG, BMW of North America as to Rheingold USA Inc served on 4/30/2019, answer due 5/21/2019. (White, Juliette) |
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| 19 | 19
service
Summons Returned Executed
Thu 05/02 3:09 PM
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Bayerische Motoren Werke AG, BMW of North America as to Ammar Issa served on 4/30/2019, answer due 5/21/2019. (White, Juliette) |
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| Wednesday, May 01, 2019 | ||
| 18 | 18
order
Order to Unseal Case
Wed 05/01 12:07 PM
ORDER TO UNSEAL CASE - Pursuant to order 13 issued on 4/23/2019 case is unsealed as of MAY 1, 2019 at 12:00 PM. Signed by Judge Jill N. Parrish on 5/1/2019. Docket Text Order , no document attached.(jds) |
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| Monday, April 29, 2019 | ||
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**RESTRICTED DOCUMENT** Summons Issued as to Rheingold USA LLC. (jds)
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**RESTRICTED DOCUMENT** Summons Issued as to Rheingold USA Inc. (jds)
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**RESTRICTED DOCUMENT** Summons Issued as to Ammar Issa. (jds)
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| Tuesday, April 23, 2019 | ||
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TEMPORARY RESTRAINING ORDER BOND in the amount of $ 50,000, receipt number 99099, posted by BMW of North America, Bayerische Motoren Werke AG (jds)
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Amended TEMPORARY RESTRAINING ORDER. This AMENDED Order shall remain in effect until MAY 8, 2019 at 5:00 PM. (order has been emailed to the parties per chambers.) Signed by Judge Jill N. Parrish on 4/23/2019. (jds)
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| Tuesday, April 16, 2019 | ||
| 12 | 12
19
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**SEALED DOCUMENT** ORDER granting in part 3 Motion for TRO. This Order shall go into effect immediately and remain in effect until April 30, 2019 at 5:00 PM. Signed by Judge Jill N. Parrish on 4/16/2019. (jds)
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Att: 1
Mailing Certificate
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| Tuesday, April 09, 2019 | ||
| 11 | 11
Supplemental BRIEF re3 Ex Parte MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG. (jds)
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| Friday, April 05, 2019 | ||
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SEALED ORDER Requiring Supplemental Briefing Regarding Ex Parte Motion for TRO: The court HEREBY ORDERS that within SEVEN DAYS, BMW file a supplemental memorandum in support of its motion addressing whether the district court has authority to order an ex parte freeze of Defendants' assets. Signed by Judge Jill N. Parrish on 4/5/19. (dla)
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Att: 1
Supplement Mailing Certificate
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| Thursday, April 04, 2019 | ||
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**SEALED DOCUMENT** ORDER granting 2 Motion to Seal Case. Signed by Judge Jill N. Parrish on 4/4/2019. (jds) (jds).
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Att: 1
(4/4/2019) Mailing Certificate
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| Wednesday, April 03, 2019 | ||
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MOTION for Admission Pro Hac Vice of DAVID M. KELLY, Registration fee $ 250, receipt number 4681085781, Fee Status: PAID. filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG. (jds)
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| 7 | 7
**RESTRICTED DOCUMENT** Summons Issued as to Rheingold USA LLC. (jds)
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**RESTRICTED DOCUMENT** Summons Issued as to Rheingold USA Inc. (jds)
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**RESTRICTED DOCUMENT** Summons Issued as to Ammar Issa. (jds)
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| Tuesday, April 02, 2019 | ||
| 4 | 4
6
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AFFIDAVIT/DECLARATION of Sara Copeland Parker in Support re3 MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG. (jds)
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MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG.(jds)
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Att: 1
Text of Proposed Order
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MOTION to Seal Case and Memorandum in Support filed by Plaintiffs BMW of North America, Bayerische Motoren Werke AG.(jds)
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Att: 1
2 pgs
Text of Proposed Order
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| 1 | 1
Verified COMPLAINT against Ammar Issa, Rheingold USA Inc, Rheingold USA LLC (Filing fee $ 400, receipt number 4681085781) (Fee Status: PAID) (Electronic document provided on disc.) filed by Bayerische Motoren Werke AG, BMW of North America. Assigned to Judge Jill N. Parrish (jds)
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Att: 1
2 pgs
Index of Exhibits,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
4 pgs
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9,
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Att: 11
Exhibit 10,
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Att: 12
2 pgs
Civil Cover Sheet
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