The bond here is $10k, total. For who knows how many defendants and how many dollars in seized funds.

As you might also recall, this is what #BlueSphere thought it should have to pay--$10k per case, regardless of the number of defendants. Is this becoming a de facto standard?

This is especially notable in light of the fact that some judges in the NDIL (where this all seems to have started) are starting to push back on these "Schedule A" TRO requests. See, e.g., https://www.law360.com/ip/articles/1568802

Pretty sure they took this picture when I was talking about the #BlueSphere case. 😆 #WIPIP2023

https://twitter.com/suffolk_ip/status/1621586457134612480

Pretty sure they took this picture when I was talking about the #BlueSphere case. 😆 #WIPIP2023

https://twitter.com/suffolk_ip/status/1621586457134612480

As with their previous statement to Judge Seeger (https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422387/gov.uscourts.ilnd.422387.20.0.pdf), the tone here is pretty striking.

#ScheduleA #Trademarks #LawFedi #BlueSphere

Here is Blue Sphere's statement in Judge Guzman's case:
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.423757/gov.uscourts.ilnd.423757.35.0.pdf

Does this strike you as "coming clean" about the judge-shopping?

@hewittlaw @questauthority

#ScheduleA #Trademarks #LawFedi #BlueSphere

As @hewittlaw reported earlier, Judge Seeger has issued his post-hearing order in the #BlueSphere case: https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422387/gov.uscourts.ilnd.422387.28.0.pdf

"The Court orders Plaintiff's counsel to come clean and file a statement before Judge Guzman by January 20, 2023, fully and candidly informing the Court of what they did. As stated at the hearing, this Court hereby prohibits Plaintiff's counsel from pulling any comparable maneuver in any future case...."

#ScheduleA #Trademarks #LawFedi #CivPro

And Blue Sphere's motion to move the hearing has been denied.

The in-person hearing will proceed tomorrow, 1/18.

#BlueSphere #ScheduleA #Trademarks

CC: @hewittlaw, @questauthority

In a minute order dated January 10, Blue Sphere's attorneys were ordered to " file a spreadsheet identifying, by case name and number, all Schedule A cases filed by [them] since January 1, 2021."

Yesterday, they responded by filing a list of "all trademark/counterfeiting cases filed by Plaintiff before this Court since January 1, 2021."

https://www.scribd.com/document/619747340/Blue-Sphere-v-Schedule-A-Statement-re-Other-Schedule-A-Cases

CC: @hewittlaw, @ericgoldman, @questauthority

#BlueSphere #ScheduleA #Trademarks

Blue Sphere has asked the "Court to reset the in-person hearing set for January 18, 2022, to a date after January 24, 2023":
https://storage.courtlistener.com/recap/gov.uscourts.ilnd.422387/gov.uscourts.ilnd.422387.26.0.pdf

#BlueSphere #ScheduleA #Trademarks

Judge Seeger has also scheduled a hearing for January 18, 2023 and specified that "[e]very counsel of record for Plaintiff must appear, in person." No phone appearances allowed.

Also, "[b]y January 13, 2023, Plaintiff's counsel must file a spreadsheet identifying, by case name and number, all Schedule A cases filed by Plaintiff's counsel before this Court since January 1, 2021."

https://www.courtlistener.com/docket/65420743/blue-sphere-inc-v-partnerships-and-unincorporated-associations/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

CC: @hewittlaw, @ericgoldman, @questauthority

#BlueSphere #ScheduleA #Trademarks

Finally, some docket action in the #BlueSphere saga.

Judge Seeger has granted the TRO in part and granted an asset freeze.

BUT says he is " is inclined to lift the asset freeze at a later time unless Plaintiffs later seek equitable monetary relief (like an accounting of profits) or unless Plaintiffs can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages."

https://www.courtlistener.com/docket/65420743/blue-sphere-inc-v-partnerships-and-unincorporated-associations/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

#ScheduleA #Trademarks

#BlueSphere update: I looked up the second case & the timeline goes like this:

10/24: BS dismisses 213 defendants from the #ScheduleA case before Judge Seeger

11/21: BS files a new complaint against the 213, No. 22-cv-6502 (Judge Guzman)

11/23: Judge G grants a TRO

12/19: Judge S orders BS to tell him why it dismissed the 213

12/20: Judge G grants a PI against the 213, freezing their assets ($10k bond)

12/21: Blue Sphere replies to Judge S

No response yet from Judge S

#BlueSphere update: I looked up the second case & the timeline goes like this:

10/24: BS dismisses 213 defendants from the #ScheduleA case before Judge Seeger

11/21: BS files a new complaint against the 213, No. 22-cv-6502 (Judge Guzman)

11/23: Judge G grants a TRO

12/19: Judge S orders BS to tell him why it dismissed the 213

12/20: Judge G grants a PI against the 213, freezing their assets ($10k bond)

12/21: Blue Sphere replies to Judge S

No response yet from Judge S

#BlueSphere update: I looked up the second case, No. 22-cv-6502 (assigned to Judge Guzman), and the timeline goes like this:

12/19: Judge Seeger orders Blue Sphere to tell him why they dismissed 213 defendants from the case before him

12/20: Judge Guzman grants Blue Sphere's motion for TRO against the 213, freezing their assets (with a single $10k bond): https://www.scribd.com/document/616030826/Blue-Sphere-v-Schedule-A-II-Guzman-Preliminary-Injunction

12/21: Blue Sphere replies to Judge Seeger: https://www.scribd.com/document/615796455/Blue-Sphere-v-Schedule-A-I-Seeger-Plaintiff-statement-re-dismissals

No response yet from Judge Seeger.

#ScheduleA

So, @hewittlaw posted about this document last night and I still can't get over it.

Basically:

Judge: Why did you dismiss most of the defendants from this case?

Attorneys: We didn't like the way we thought you'd rule so we wanted to try our luck with another judge.

‼️ ‼️ ‼️ ‼️ ‼️

https://www.scribd.com/document/615796455/Blue-Sphere-v-Schedule-A-Plaintiff-statement-re-dismissals

#ScheduleA #BlueSphere #Trademarks #LawFedi #OMG