最近更新：2025-02-25
2024-cv-02945
| 日期 | 描述 |
|---|---|
| 02/10/2025 | DEAULT JUDGMENT ORDER. Signed by the Honorable Joan B. Gottschall on 2/10/2025. Civil case terminated. Mailed notice. |
| 02/06/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 63 for partial reconsideration is granted. The minute order 62 of 01/30/2025 is withdrawn in pertinent part because plaintiff pleaded and proved up a copyright infringement claim. A revised proposed default judgment correcting the scrivener's error in paragraph 6 of the proposed default judgment is due on or before 02/06/2025. Mailed notice. |
| 02/04/2025 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for reconsideration regarding text entry, [62] |
| 01/30/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's revised proposed default judgment emailed to Proposed_Order_Gottschall@ilnd.uscourts.gov on 01/29/2025 is rejected for the following two reasons. First, the revised proposed default judgment enjoins defendants from infringing plaintiff's copyright, but plaintiff did not plead a copyright infringement claim in its complaint or prove up such a claim in its motion for default judgment. References to plaintiff's copyright must be removed from the default judgment. Second, paragraph six of the proposed default judgment cross-references itself, directing third parties to "permanently restrain and enjoin any accounts connected to Defaulting Defendants or the Defendant Internet Stores from transferring or disposing of any funds (up to the statutory damages awarded in Paragraph 6 above)." The court's best guess is that plaintiff intended to cross-reference paragraph 5, but the court declines to guess as to plaintiff's intent. A revised proposed default judgment is due on or before 02/06/2025.Mailed notice |
| 01/28/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's deadline 60 of 01/23/2025 to email the court a proposed default judgment has come and gone, and no proposed default judgment has been received. Plaintiff is instructed to email a proposed default judgment to Proposed_Order_Gottschall@ilnd.uscourts.gov by and including 02/04/2025. Mailed notice |
| 01/16/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Defendants' deadline 56 to file a written response to, or request a hearing on, plaintiff's motion 53 for default judgment has come and gone, and nothing has been received. Upon consideration of plaintiff's certificate of service 58 filed 12/30/2024, plaintiff's motion 53 for entry of default judgment is granted. The court has reviewed the proposed default judgment emailed to Proposed_Order_Gottschall@ilnd.uscourts.gov. Paragraph two effects a domain name transfer, even though no defendant listed on Schedule A to the proposed default judgment owns a separate internet domain. Rather, each defendant appears to operate a store on wish.com. Also, proposed paragraph seven imposes a permanent asset freeze, which cannot be justified by plaintiff's request for the equitable remedy of an accounting. Plaintiff must either remove proposed paragraphs two and seven, or provide a legal justification for them within one week. Plaintiff has until and including 01/23/2025 to either (1) file a memorandum of law regarding proposed paragraphs two and seven; or (2) send a revised proposed default judgment omitting paragraphs two and seven to Proposed_Order_Gottschall@ilnd.uscourts.gov. Mailed notice |
| 12/27/2024 | 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. |
| 12/30/2024 | CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. |
| 12/27/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's deadline 52 of 12/18/2024 to file a motion to seal has come and gone, and no motion to seal has been filed. Accordingly, the Clerk is instructed to unseal all presently sealed documents in this case. Mailed notice |
| 12/27/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion for default judgment. Doc. No. 53. Any written response to, or request for a hearing on, plaintiff's motion for default judgment is due on or before January 10, 2025. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. If no written response or request for a hearing is received by the deadline, the court will assume that defendants do not oppose the motion, and the court will rule on the papers. Plaintiff is ordered to serve defendants with a copy of this order in accordance with Federal Rule of Civil Procedure 5. Plaintiff's supplemental certificate of service regarding this minute order is due by and including December 30, 2024. Mailed notice |
| 12/27/2024 | STATUS Report by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 12/27/2024 | CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. |
| 12/26/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for entry of default as to Def. 1-3, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for default judgment as to as to Def. 1-3 附件： 1:(Exhibit One: Declaration of L. Pittaway) |
| 12/04/2024 | MINUTE entry before the Honorable Joan B. Gottschall: In its motion 9 to seal filed 04/16/2024, plaintiff represented that good cause existed to seal documents identifying the defendants named in the original complaint until plaintiff served its anticipated motion for temporary restraining order. To date, plaintiff has not moved for a temporary restraining order or a preliminary injunction. Plaintiff's motion 9 to seal is therefore denied without prejudice. The Clerk is instructed to maintain the provisional seal on all presently sealed documents until and including 12/18/2024, which is plaintiff's deadline to renew its motion to seal if it wishes to do so. Mailed notice |
| 12/04/2024 | MINUTE entry before the Honorable Joan B. Gottschall: In its status report 49 filed 12/02/2024, plaintiff represented that it intended to serve the summons and complaint on 12/03/2024 and that plaintiff would thereafter file proof of service in compliance with Fed. R. Civ. P. 4(l). In the absence of a further proposed deadline from plaintiff, the next status report is due in approximately thirty days, on or before 01/03/2025. Mailed notice |
| 11/26/2024 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 10/30/2024 | MINUTE entry before the Honorable Joan B. Gottschall: The next status report is due on or before 12/02/2024. Mailed notice |
| 10/28/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 45 for leave to file under seal a Second Amended Schedule A to the complaint is granted. Plaintiff's Second Amended Schedule A 43 is deemed filed under seal with leave of court. Plaintiff's motion 44 for leave to serve the summons and complaint by electronic means is granted. If counsel wishes the court to enter a separate order authorizing service, a proposed order, in Word and PDF formats, must be sent to Proposed_Order_Gottschall@ilnd.uscourts.gov. Mailed notice |
| 10/22/2024 | STATUS Report by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 10/22/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to seal |
| 10/22/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. FOR RULING ON MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) [DOC. 11] 附件： 1:Exhibit One: Declaration of L. Pittaway 2:(Exhibit One to the Declaration of L. Pittaway) |
| 10/22/2024 | SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. SECOND AMENDED SCHEDULE A |
| 09/25/2024 | ORDER: An initial status report is due on or before October 25, 2024. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2).If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 9/25/2024. Mailed notice |
| 09/25/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Upon review of plaintiff's supplemental memorandum 39 filed 09/24/2024 and the accompanying exhibit 40, the plaintiff has demonstrated, in the absence of adversarial presentation, that the three presently named defendants are properly joined under Fed. R. Civ. P. 20(a)(2). The court therefore sets a deadline to file a joint initial status report by separate order. Mailed notice |
| 09/24/2024 | SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. DECLARATION OF L. PITTAWAY 附件： 1:(Exhibit Side-by-Side Summary) |
| 09/24/2024 | MEMORANDUM memorandum 36 by Yiwu Baimei Electronic Commerce Co., Ltd. SUPPLEMENTAL |
| 09/19/2024 | MINUTE entry before the Honorable Joan B. Gottschall: In its memorandum of law 36 arguing that defendant nos. 146-48 can be properly joined ("joinder memorandum"), plaintiff represents that "Defendants proposed to be joined all share the same physical address located in China. These three stores also share commonalities which otherwise may be merely coincidental, such as identical products, strikingly similar names and similar listings for sale." Joinder Mem. 34. Plaintiff does not elaborate. See id. Plaintiff is instructed to supplement the record with evidence substantiating its representations, including defendants' common mailing address and the specific commonalities that allegedly support joinder. In addition to supplemental evidence such as screenshots, plaintiff may file a supplemental memorandum of law describing the specific commonalities it contends support joinder. Plaintiff's supplemental evidence and any supplemental memorandum of law are due on or before 09/26/2024.Mailed notice |
| 09/17/2024 | MINUTE entry before the Honorable Joan B. Gottschall: In lieu of briefing joinder of defendants, plaintiff filed a motion 34 for leave to file an amended complaint asserting that it has determined that three defendants satisfy the requirements of Fed. R. Civ. P. 20(a)(2). However, plaintiff cites page nine of its proposed first amended complaint 35 to show that joinder is proper. The allegations concerning joinder on page nine are conclusory and do not demonstrate that joinder is proper. Plaintiff's motion 34 for leave to file an amended complaint is therefore denied without prejudice. Plaintiff has until and including 09/25/2024 to file a memorandum of law showing why joinder of the three defendants it proposes to name is proper.Mailed notice |
| 09/17/2024 | MEMORANDUM by Yiwu Baimei Electronic Commerce Co., Ltd. on Joinder pursuant to this Court's Order [Doc. 19, 21]. |
| 09/16/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for leave to file Amended Complaint |
| 08/27/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 32 for a 21-day extension of its deadline to brief joinder is granted. Plaintiff has until and including 9/17/2024 to brief joinder in accordance with the order 19 dated 5/15/2024. Mailed notice |
| 08/26/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time TO COMPLY WITH COURT ORDER [DOC. 19] |
| 08/13/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 29 for a 21-day extension of its deadline to brief joinder is granted. The court appreciates counsel's efforts to attempt to reach an amicable out-of-court resolution with the third-party service provider. The next status report is due on or before 8/27/2024. Mailed notice |
| 08/09/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time TO COMPLY WITH COURT ORDER [DOC. 19] |
| 07/17/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's request, made in its status report 26 filed July 10, 2024, for 30 days in which to conduct additional discovery is granted. The next status report is due on or before August 9, 2024.Mailed notice |
| 07/10/2024 | STATUS Report by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 06/11/2024 | SEALED ORDER ON PLAINTIFF'S MOTION FOR THIRD PARTY EXPEDITED DISCOVERY Signed by the Honorable Joan B. Gottschall on 6/11/2024.Mailed notice |
| 06/11/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 23 for leave to serve expedited discovery requests and to seal the accompanying order is granted. The court denies plaintiff's request to hold in abeyance its pending motion for temporary restraining order and motion for leave to serve the summons and complaint by electronic means without prejudice (doc. Nos. 11 and 13). Plaintiff should renew these motions once it has the discovery it needs. Enter sealed order authorizing limited expedited discovery. If plaintiff has not filed a renewed motion for a temporary restraining order by 7/10/2024, a status report is due on that date. Mailed notice |
| 06/10/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to seal COURT ORDER GRANTING THIRD-PARTY EXPEDITED DISCOVERY, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to stay |
| 05/22/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 11 for leave to serve the summons and complaint by electronic means is denied without prejudice because Plaintiff neither cites nor attempts to distinguish this court's holding in Luxottica Grp. S.p.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 391 F. Supp. 3d 816, 82128 (N.D. Ill. 2019), that a plaintiff must demonstrate reasonable diligence in determining an international defendant's mailing address before the court can find that the Hague Convention does not apply and authorize service by electronic means. See Luxottica, 391 F. Supp. 3d at 82224. Plaintiff may renew its motion after the service providers answer plaintiff's discovery requests, and plaintiff has conducted a reasonably diligent investigation of any mailing addresses disclosed. Mailed notice |
| 05/22/2024 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 20 for a 21-day extension of its deadline to brief joinder in accordance with the order 19 dated 5/15/2024 is granted. Plaintiff's brief on joinder is due by and including 6/12/2024. Mailed notice |
| 05/20/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time |
| 05/15/2024 | ORDER Signed by the Honorable Joan B. Gottschall on 5/15/2024.Mailed notice |
| 04/18/2024 | CONSENT to Mediation by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 04/17/2024 | MAILED copyright report to Registrar, Washington DC |
| 04/17/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 04/17/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 04/17/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for temporary restraining order 附件： 1:Exhibit One (Declaration of L. Pittaway) 2:Exhibit Two (Visual Aid) 3:(Supplement) |
| 04/16/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW |
| 04/16/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) |
| 04/16/2024 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to seal |
| 04/12/2024 | ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. by Michael Thomas Stanley |
| 04/12/2024 | 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. |
| 04/12/2024 | CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). |
| 04/12/2024 | SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. SCHEDULE A |
| 04/12/2024 | ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. by Lydia Pittaway |
| 04/12/2024 | CIVIL Cover Sheet |
| 04/12/2024 | COMPLAINT filed by Yiwu Baimei Electronic Commerce Co., Ltd.; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-21848716. 附件： 1:Exhibit One (Trademark Registration) 2:Exhibit Two (Copyright Registration with Samples) 3:Exhibit Three (CBP Report) 4:Exhibit Four (DHS Report) 5:(Exhibit Five (DHS Article)) |
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