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Ladas & Parry
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Filed: May 16, 2024 | Entered: May 16, 2024 International Star Registry of Illinois, Ltd. v. RGIFTS LIMITED et al
840(Trademark) | Illinois Northern
Sealed Document
SEALED DOCUMENT by Plaintiff International Star Registry of Illinois, Ltd. (Unredacted Memo In Support of Motion to Dismiss) (Kanlic, Adi) (Entered: 05/16/2024)
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Filed: May 15, 2024 | Entered: May 15, 2024 International Star Registry of Illinois, Ltd. v. RGIFTS LIMITED et al
840(Trademark) | Illinois Northern
Minute
MINUTE entry before the Honorable Jeffrey I Cummings: In reviewing the parties' recent filings, the Court notes that it appears that plaintiff did not file a sealed version of its memorandum in support of its motion to dismiss counterclaims 112 and the Court is thus unable to review the redacted portions of that memorandum. The Court having previously granted plaintiff's motion to seal 116 , plaintiff shall promptly file a sealed version of its memorandum with no redactions. Moreover, by 5/20/24, the parties shall submit courtesy copies of their briefs in support of and in opposition to plaintiff's motion for preliminary injunction to the Court's Courtroom Deputy, room 1218. Mailed notice (cc, ) (Entered: 05/15/2024)
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Filed: May 15, 2024 | Entered: May 15, 2024 International Star Registry of Illinois, Ltd. v. RGIFTS LIMITED et al
840(Trademark) | Illinois Northern
Minute
MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's motion to bifurcate and memorandum in support 136 137 , defendant's response 149 , and plaintiff's reply 151 . Plaintiff's motion 136 is granted in part and denied in part as follows. First, within its discretion, the Court finds good cause to stay discovery regarding defendant RGIFTS' recently added counterclaims pending the resolution of the fully briefed motion to dismiss those counterclaims. See Jones v. City of Elkhart, Ind., 737 F.3d 1107, 1115 (7th Cir. 2013) (noting that district court judges "enjoy extremely broad discretion in controlling discovery"). "In determining whether good cause exists to stay discovery during the pendency of a motion to dismiss, courts consider the following factors: (1) whether a stay will prejudice the non-moving party; (2) whether a stay will simplify the issues in the case; and (3) whether a stay will reduce the burden of litigation for the parties or the court." See Hayes v. Bd. of Educ. for City of Chicago, No. 21 C 1198, 2021 WL 8153761, at *1 (N.D.Ill. Dec. 22, 2021). Here, discovery into defendant's counterclaims, particularly the discovery related to its claims for violations of state and federal antitrust laws, may prove costly and widespread. See DSM Desotech Inc. v. 3D Sys. Corp., No. 08 CV 1531, 2008 WL 4812440, at *2 (N.D.Ill. Oct. 28, 2008) (recognizing that "discovery in any antitrust case can quickly become enormously expensive and burdensome" and staying discovery pending resolution of the motion to dismiss). Moreover, the motion to dismiss is fully briefed. These considerations weigh in favor of staying discovery on defendant's counterclaims pending the resolution of the motion to dismiss and the Court exercises its discretion to grant plaintiff's motion in part to enter such a stay. However, plaintiff's request to bifurcate and stay counterclaim-related discovery pending the full resolution of the trademark claims is otherwise denied without prejudice as premature. If one or more of defendant's counterclaims survive the pending motion to dismiss, plaintiff may renew its motion to bifurcate as appropriate. Mailed notice (cc, ) (Entered: 05/15/2024)
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