最近更新：2024-12-25
2023-cv-15829
| 日期 | 描述 |
|---|---|
| 05/14/2024 | DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 5/14/2024. Mailed notice |
| 05/14/2024 | ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment, 30. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of plaintiff's copyrights causes plaintiff irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten-thousand-dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Sullivan & Carter LLP, 2743 Ridgeway Ave., Chicago, Illinois, 60647, via certified mail. Enter Default Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 5/14/2024.Mailed notice |
| 05/10/2024 | AMENDED Schedule A |
| 05/09/2024 | CERTIFICATE of Service by Alison K Carter on behalf of DCSTAR Inc. regarding set motion and R&R deadlines/hearings, 33 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3) |
| 05/06/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for default judgment, 30. The court will take the motion under advisement and will consider it unopposed if no defendant appears and objects by 5/13/2024. Plaintiff shall promptly serve defendants with this notice and file a certificate of service on the docket. |
| 05/06/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal, 29, which seeks to voluntarily dismiss defendant No. 1 Shijiazhuang Aofeite Imp & Exp Co., Ltd. But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. 1 Shijiazhuang Aofeite Imp & Exp Co., Ltd. from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 5/10/24, plaintiff should file the amended Schedule A form on the docket. |
| 05/03/2024 | MEMORANDUM by DCSTAR Inc. in support of motion for entry of default, motion for default judgment 30 附件： 1:(Declaration of Alison K. Carter) |
| 05/03/2024 | MOTION by Plaintiff DCSTAR Inc. for entry of default as to all remaining Defendants, MOTION by Plaintiff DCSTAR Inc. for default judgment as to all remaining Defendants 附件： 1:(Exhibit 1) |
| 05/03/2024 | NOTICE of Voluntary Dismissal by DCSTAR Inc. as to a certain Defendant |
| 04/22/2024 | MINUTE entry before the Honorable Martha M. Pacold: By 5/3/2024, plaintiff should file a status report addressing how plaintiff seeks to proceed in this case. |
| 03/11/2024 | NEW PARTIES: Shijiazhuang Aofeite Imp & Exp Co., Ltd., 3C BMAD Supplies Store, Ali-Best Store, Amos Medical Supplies Store, Bahati Store, Bonytain Official Store, Corfu Official Store, Cycling Bicycle Parts Store, Daily fitness Store, Dobeiziter Outdoors Store, Dropshipping Health And Beauty Care Store, Fishing Ground Store, Heart Beat Time Store, Lavkuom Official Store, Llfevac Equipment Store, MengNen Store, Missing You VV Store, MMT Super Sport Store, Outdoor Bag Store, Outdoor Hunting Factory Store-1, Outdoor Ventilation Store, Run Up Outdoor Store, Shino Official Store Store, Shop1102694913 Store, Shop1102703040 Store, Shop1102727455 Store, Shop1102853462 Store, Shop1102857967 Store, Shop1102960622 Store, Shop1102962786 Store, Shop1102983723 Store, Shop1103039781 Store, Shop1103041082 Store, Shop1103043709 Store, Shop1103075804 Store, Shop1103129103 Store, Shop1103151298 Store, Shop1103171071 Store, Shop1103210030 Store, Shop910989026 Store, Source Of Power Store, Wandering The World Outdoors Store, Yyayp Sports Store, Zephyr Store, Good, 2keshu, Amzaoo, chengduxiongshenghuawangluokeji, chugedianzishangwuyouxiangongsi, damifengshangmao, DianeD, dufu1, fuqingshisanshanzhenzhengbiyinbaihuolingshouchaosh, gangke, GFysiosYO, GuoErCongUS, honghui-shop, HUJINFENG, JD-IYH, JFGDShop, kayiihuii, ldpnadanbaobaihuodian, Life will be better, Lily US Shop, LiuJunLong168, Monainc, sinceredeal, Snjiaheim, sunyangkejiyouxiangongsio, tengxiangyunlong, WANXIANGGENXIN, WenBishengDHBSKFKHDJ, XIANGRUI-US, xujuemaoyishanghang, yangsuoxiansubangbaihuodian, ye se shang qian, yiru Zhao, YuanChunLuXiaoDian, zhangliyancaps, zzzzzzzzkkkk, Ningxia Wanheli Engineering Co., Ltd. and pie trade added to case caption. (Sullivan, Ann Marie) |
| 03/04/2024 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 3/4/2024: Mailed notice. |
| 03/04/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/4/2024: |
| 03/04/2024 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 21. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 21 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the complaint [7-2] to the court's docket within five business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
| 02/20/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction 21. The court has taken the motion for preliminary injunction 21 under advisement and will consider the motion unopposed if no defendant appears and objects by 2/27/2024. Plaintiff shall serve defendants with this notice. |
| 01/25/2024 | SUMMONS Returned Executed by DCSTAR Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/25/2024, answer due 2/15/2024. 附件： 1:(Declaration of Service)(Sullivan, Ann Marie) |
| 01/25/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 01/25/2024 | MEMORANDUM by DCSTAR Inc. in support of motion for preliminary injunction 21 附件： 1:(Declaration in Support of Memorandum)(Sullivan, Ann Marie) |
| 01/25/2024 | MOTION by Plaintiff DCSTAR Inc. for preliminary injunction (Sullivan, Ann Marie) |
| 01/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the temporary restraining order 19 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 17 entered on 1/2/24 is extended until 1/30/24. |
| 01/11/2024 | MOTION by Plaintiff DCSTAR Inc. for extension of time of the Temporary Restraining Order 17 附件： 1:Supplement Memorandum in Support of Motion 2:(Declaration in Support of Memorandum)(Sullivan, Ann Marie) |
| 01/10/2024 | SURETY BOND in the amount of $ 10,000 posted by DCSTAR Inc. (Document not scanned.) |
| 01/02/2024 | TEMPORARY Restraining Order: Signed by the Honorable Martha M. Pacold on 1/2/2024: Modified on 3/26/2024. |
| 01/02/2024 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions 11, 13, filed by plaintiff DCSTAR Inc., the supporting memoranda 12, 14 and the temporary restraining order, plaintiff's motions for electronic service of process 13, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 11 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 defendants, 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 the offering of products for sale 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 defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
| 12/28/2023 | 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 Executive Committee on 12/28/2023: Mailed notice. |
| 12/19/2023 | MEMORANDUM by DCSTAR Inc. in support of motion for miscellaneous relief 13 附件： 1:Declaration 2:(Exhibit 1-2) |
| 12/19/2023 | MOTION by Plaintiff DCSTAR Inc. for Electronic Service of Process |
| 12/19/2023 | MEMORANDUM in Support by Plaintiff DCSTAR Inc. Memorandum in Support of Motion for Temporary Restraining Order Modified on 3/26/2024. 附件： 1:Declaration 2:Exhibit 1 3:Exhibit 2 - Part 1 4:Exhibit 2- Part 2 5:(Exhibit 2 - Part 3) |
| 12/19/2023 | EX PARTE MOTION by Plaintiff DCSTAR Inc. for Entry of a Temporary Restraining Order Modified on 3/26/2024. |
| 12/11/2023 | NEW PARTIES: DCSTAR Inc. added to case caption. (Sullivan, Ann Marie) |
| 12/11/2023 | AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit 1)(Sullivan, Ann Marie) |
| 12/04/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion to file certain documents under seal and to temporarily proceed under a pseudonym 5, as well as the accompanying memorandum 6. The motion to file certain documents under seal and to temporarily proceed under a pseudonym 5 is granted in part and denied in part. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested temporary restraining order, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Given these protections for plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Accordingly, plaintiff must file an amended complaint disclosing its name and asserted copyrights by 12/11/2023. |
| 11/13/2023 | 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. (mek,) |
| 11/13/2023 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). (mek,) |
| 11/09/2023 | NOTIFICATION of Affiliates by Plaintiff XYZ Corporation Notification of Affiliates Modified on 3/26/2024. |
| 11/09/2023 | COMPLAINT by Plaintiff XYZ Corporation Complaint Modified on 3/26/2024. 附件： 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
| 11/09/2023 | MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym 附件： 1:Declaration of Ann Marie Sullivan 2:Declaration of Sandy Zhuang 3:Exhibit 1 4:Exhibit 2 5:(Exhibit 3) |
| 11/09/2023 | MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym |
| 11/09/2023 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 11/09/2023 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
| 11/09/2023 | CIVIL Cover Sheet |
| 11/09/2023 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number AILNDC-21317897. 附件： 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
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