最近更新：2024-12-25
2023-cv-00906
| 日期 | 描述 |
|---|---|
| 05/26/2023 | MINUTE entry before the Honorable Nancy L. Maldonado:The Court's 05/25/2023 minute order 32 is amended as follows: Pursuant to the notice of voluntary dismissal, Defendant No. 1 zhaoxiaoyu50874 is dismissed without prejudice. In light of the voluntary dismissal, Plaintiff's motion for entry of default 26 is denied as moot. Civil case terminated. |
| 05/26/2023 | NEW PARTIES: zhaoxiaoyu50874 added to case caption. |
| 05/25/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendant No. 1 zhaoxiaoyu50874 is dismissed without prejudice. |
| 05/25/2023 | NOTICE of Voluntary Dismissal by Samiel Asghedom as to certain defendant |
| 05/24/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: A prove-up hearing on Plaintiff's motion for entry of default judgment [26] is set for July 18, 2023 at 10:30 a.m. via WebEx video conference. Based on its review of Plaintiff's memorandum in support of its motion for default judgment, the Court has determined it requires supplemental briefing and materials from Plaintiff prior to the hearing supporting its request for $500,000 in statutory damages for the Defendant. This Court makes a reasoned, evidence-based, and individualized assessment of statutory damages for a defaulting defendant based on their particular conduct. Although Plaintiff's motion contains information about the value of Plaintiff's mark and the conduct of infringers and counterfeiters like the Defendant generally, it does not contain evidence or argument explaining or demonstrating why the scope of Defendant zhaoxiaoyu50874's conduct in particular justifies a $500,000 award. For example, the exhibits submitted in support Plaintiff's prior motion for a temporary restraining order suggest that Defendant may sell only 1 infringing product for $22, which provides weak support for the significant statutory award of $500,000 sought. Therefore by July 6, 2023, Plaintiff should file a supplemental memorandum in support of his motion for default judgment, which includes specific information supporting the request for a statutory award of $500,000 against Defendant zhaoxiaoyu50874, including, to the extent the information is available, the size and scope of the Defendant's operations, the price range and number of the counterfeited products sold, any information regarding the volume of or revenue from sales of counterfeited products, and any other information that supports the sought statutory damages award.The dial-in number for the public is: 650-479-3207; access code is: 23003644591. The parties will receive a WebEx invitation by email. During the video hearing, the parties should turn off their cameras and mute their microphones until their case is called. All persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in court-imposed 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. |
| 05/24/2023 | MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for a preliminary injunction [23] is granted. Plaintiff's filings establish that he has acted expeditiously to protect his interests and that there remains a significant risk Defendant will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in the previously entered temporary restraining order, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [25] that he provided electronic notice to Defendant of the pendency of this case, but no objection to the motion for a preliminary injunction has been filed on behalf of the defendant, nor has Defendant appeared and answered the complaint. Plaintiff should email a Microsoft Word version of his proposed preliminary injunction order to the Court's proposed order email box for entry. The Clerk is requested to unseal any previously-sealed documents. Plaintiff's counsel is directed to ensure that the Defendant listed on Amended Schedule A is added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. |
| 05/04/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 27 附件： 1:(Exhibit 1) |
| 05/04/2023 | MEMORANDUM by Samiel Asghedom in support of motion for entry of default, motion for default judgment 26 附件： 1:(Exhibit 1) |
| 05/04/2023 | MOTION by Plaintiff Samiel Asghedom for entry of default, MOTION by Plaintiff Samiel Asghedom for default judgment as to all Defendants 附件： 1:(Exhibit A) |
| 03/03/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. |
| 03/07/2023 | SUMMONS Returned Executed by Samiel Asghedom as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/7/2023, answer due 3/28/2023. 附件： 1:Declaration of Quinn Guillermo 2:(Exhibit A) |
| 03/07/2023 | MEMORANDUM by Samiel Asghedom in support of motion for preliminary injunction 23 附件： 1:Declaration of Justin T. Joseph 2:(Exhibit 1) |
| 03/07/2023 | MOTION by Plaintiff Samiel Asghedom for preliminary injunction 附件： 1:(Exhibit A) |
| 02/28/2023 | BOND in the amount of $ 1,000.00 company check, Receipt No. 4624283093, posted by Samiel Asghedom |
| 02/24/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 2/24/2023. Mailed notice. |
| 02/24/2023 | MINUTE entry before the Honorable Nancy L. Maldonado:For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal 3, for electronic service of process 18, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13, are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendant, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court one thousand dollars ($1,000.00), either cash or surety bond, as security. |
| 02/16/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 02/16/2023 | MEMORANDUM by Samiel Asghedom in support of motion for miscellaneous relief 18 |
| 02/16/2023 | MOTION by Plaintiff Samiel Asghedom for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 02/16/2023 | SEALED EXHIBIT by Plaintiff Samiel Asghedom Exhibit 2 regarding declaration 16 附件： 1:(Exhibit 2) |
| 02/16/2023 | DECLARATION of Emily Holt regarding memorandum in support of motion 14 附件： 1:(Exhibit 1) |
| 02/16/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 02/16/2023 | MEMORANDUM by Samiel Asghedom in support of motion for temporary restraining order 13 |
| 02/16/2023 | MOTION by Plaintiff Samiel Asghedom for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 02/16/2023 | SEALED EXHIBIT by Plaintiff Samiel Asghedom Schedule A regarding amended complaint 11 |
| 02/16/2023 | AMENDED complaint by Samiel Asghedom against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 02/14/2023 | 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. |
| 02/14/2023 | CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Shelia M. Finnegan. Case assignment: Random assignment. |
| 02/14/2023 | ATTORNEY Appearance for Plaintiff Samiel Asghedom by Quinn Bradley Guillermo |
| 02/14/2023 | ATTORNEY Appearance for Plaintiff Samiel Asghedom by Justin Tyler Joseph |
| 02/14/2023 | ATTORNEY Appearance for Plaintiff Samiel Asghedom by Amy Crout Ziegler |
| 02/14/2023 | ATTORNEY Appearance for Plaintiff Samiel Asghedom by Justin R. Gaudio |
| 02/14/2023 | Notice of Claims Involving Trademarks by Samiel Asghedom |
| 02/14/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Samiel Asghedom |
| 02/14/2023 | CIVIL Cover Sheet |
| 02/14/2023 | MOTION by Plaintiff Samiel Asghedom for leave to file under seal |
| 02/14/2023 | SEALED EXHIBIT by Plaintiff Samiel Asghedom Schedule A regarding complaint[1] |
| 02/14/2023 | COMPLAINT filed by Samiel Asghedom; Filing fee $ 402, receipt number AILNDC-20347860. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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