2023-cv-03977
日期 | 描述 |
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05/11/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 58 VIVINICE |
10/11/2023 | RETURN of Service of certified receipt # 7019 2280 0000 0962 9351 returned executed on 9/28/23. |
09/19/2023 | DEFAULT FINAL JUDGMENT ORDER: Signed by the Honorable Martha M. Pacold on 9/19/2023: Mailed notice. |
09/19/2023 | ORDER: In the court's 7/28/2023 minute entry [27], it gave all defendants until 8/9/2023 to object to plaintiff's motion for entry of default and default judgment [25]. The court grants plaintiff's motion [25] for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. 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 as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its copyright causes it 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 defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) bond posted by plaintiff, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Keith Vogt, Ltd., 33 W Jackson Blvd. #2W, Chicago, Illinois 60604, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 9/19/2023: Mailed notice. |
09/18/2023 | MINUTE entr' before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [39], which again seeks to voluntarily dismiss defendant Aimsa Direct under Rule 41(a). As this court has already reminded Plaintiff, see [32], [35], [37], 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 [39] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping Aimsa Direct from the Schedule A form, see Taylor, 787 F.3d at 857-58. The court grants plaintiff leave to amend the pleadings. The amended schedule A is already on the docket. [38]. |
09/15/2023 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 5 Aimsa Direct |
09/15/2023 | First Amended Schedule A [2] by Julie Stiebritz |
09/12/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [36], which seeks to voluntarily dismiss defendant Aimsa Direct. But as this court has already reminded Plaintiff, see [32], [35], 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 [36] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping the aforementioned defendant from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended schedule A on the docket by 9/15/2023. Plaintiff should also, by 9/15/2023, submit a new clean and track changes proposed default judgment order to Proposed_Order_Pacold@ilnd.uscourts.gov with the amended schedule A as of that date. |
09/11/2023 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 5 Aimsa Direct |
08/15/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [34], which seeks to voluntarily dismiss defendant Defbsc. But-as this court reminded Plaintiff just one week ago, [32]-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 [33] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping the aforementioned defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended schedule A is already on the docket, [34]. |
08/14/2023 | Amended Schedule A [2] by Julie Stiebritz |
08/14/2023 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 34 Defbsc |
08/08/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [31], which seeks to voluntarily dismiss defendants Lanbailan-US, ymnuu, PYHQ, zengshikun, Belidome, Jndtueit Store, Seung Chul, DIBOR shops, huester, zhanghaocheng, OGILRE, wangzishan, JUNMION, chenxiaorui.00, Hajmsug Home, B-zhilja, Cheng Yin under Rule 41(a)(1). 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 [86] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping the aforementioned defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 8/14/2023 identifying the remaining defendants. Plaintiff should also, by 8/14/2023, submit a new clean and track changes proposed default judgment order to Proposed_Order_Pacold@ilnd.uscourts.gov with the amended schedule A as of that date. |
08/04/2023 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants |
08/02/2023 | MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time filed by defendants Aimsa Direct and Defbsc, [29] is granted. Defendants Aimsa Direct and Defbsc to answer or otherwise respond to the complaint, [1], by 8/21/2023. |
07/31/2023 | MOTION by Defendants Aimsa Direct, Defbsc for extension of time |
07/31/2023 | ATTORNEY Appearance for Defendants Aimsa Direct, Defbsc by Adam Edward Urbanczyk |
07/28/2023 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 25 must enter an appearance and file a written objection by 8/9/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
07/27/2023 | MEMORANDUM by Julie Stiebritz in support of motion for default judgment 25 附件: 1:Exhibit 1 2:Exhibit 2 3:(Declaration of Keith A. Vogt) |
07/27/2023 | MOTION by Plaintiff Julie Stiebritz for default judgment as to The Defendants Identified In The First Amended Schedule A |
07/23/2023 | NEW PARTIES: zhoushiwug, wanghongu, chengduxinbocundianzishangwuyouxiangongsi, Cheng Yin, Aimsa Direct, weizuozhuan, zileihkshkh, Conty Center, wanghaoyuduys, Kukuale, B-zhilja, Belidome, ZyhhhZyhhhZy, GSUBBYSW, DongWanShiHuMenXingDeHuiBaiHuoShangHang, jinlanqa, zhouxianglongqa, luyixianyingyangbaihuodian, Chalkot, shanxiyigengpingdianzikejiyouxiangongsi, suizhoushizengduqukucaojingxiangbaodian, nanrugang, Lijunfeng, changfengy, huizegongguishangmaoyouxiangongsi8, huizeoujianshangmaoyouxiangongsi4, yankaixuan123, Loafer poster shop, Seung Chul, angzhangniany, HONYADE, Niasibai, Defbsc, Amazing Wall Art Shop, fanananooxx, NUNA SHOP ONES1, NGUYENHAI, zengshikun, zhengyixingyysy, xiongxiaobiaosyyd, JUNMION, Jndtueit Store, Celebrity paintings PosterShop, chenxiaorui.00, RARERZ, Lanbailan-US, DIBOR shops and ymnuu added to case caption. |
07/24/2023 | NEW PARTIES: Defendant no. 33 and Defendant no. 41 added to case caption. |
07/24/2023 | NEW PARTIES: xhgfhdgfx, Deborah Snow, gbfhngn, huixpu, eephaem, sjdhadjjkfjsf, liyundong4401, zhouchao809, xyfalksjdainx, vxdfvcxvc, zhangjunjie6731, zhangyiyao8451, wangjing007, jgoiawerj giopwejra;zoijghier hkgnfdkjg, cjwlwkeoqwjz, jqmrqvxprqylewx, LopiuGe, liukang2734, jdhfajdjkdjad, hgaoeirhgklasdhfijrstjfgjnrftghnxd, kghoi;awe rghlkdfhngojih sdkbnkjgbrdtfhbrd, chenronghui7439 and jsfjakdkkaf added to case caption. |
07/23/2023 | NEW PARTIES: renzhen12, KIITUMG, huester, tangyanhbgf, yuanzhouquxiwenyaobaihuodian, SOOOSOOOOSOOOOOOOOS, zhanghaocheng, VIVINICE, Hajmsug Home, PYHQ, Perfect Wall Art Shop, MMLJUS, Tekilla Designs, Tifnuerm, Lioogee, yangzhaohuiqa, dufeishangdian, fanjiafengshangdian, OGILRE, wangzishan, xiangmeng5642, shaoyingying8, liuxu3597, GanlushivVt and ekfoadkfjkqw added to case caption. |
07/23/2023 | NEW PARTIES: zhoushiwug, wanghongu, chengduxinbocundianzishangwuyouxiangongsi, Cheng Yin, Aimsa Direct, weizuozhuan, zileihkshkh, Conty Center, wanghaoyuduys, Kukuale, B-zhilja, Belidome, ZyhhhZyhhhZy, GSUBBYSW, DongWanShiHuMenXingDeHuiBaiHuoShangHang, jinlanqa, zhouxianglongqa, luyixianyingyangbaihuodian, Chalkot, shanxiyigengpingdianzikejiyouxiangongsi, suizhoushizengduqukucaojingxiangbaodian, nanrugang, Lijunfeng, changfengy, huizegongguishangmaoyouxiangongsi8, huizeoujianshangmaoyouxiangongsi4, yankaixuan123, Loafer poster shop, Seung Chul, angzhangniany, HONYADE, Niasibai, Defbsc, Amazing Wall Art Shop, fanananooxx, NUNA SHOP ONES1, NGUYENHAI, zengshikun, zhengyixingyysy, xiongxiaobiaosyyd, JUNMION, Jndtueit Store, Celebrity paintings PosterShop, chenxiaorui.00, RARERZ, Lanbailan-US, DIBOR shops and ymnuu added to case caption. |
07/20/2023 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 7/20/2023. Mailed notice. |
07/20/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 7/20/2023: |
07/20/2023 | MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 18 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 court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
07/06/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 18 under advisement and will consider the motion unopposed if no defendant appears and objects by 7/18/2023. |
07/05/2023 | SUMMONS Returned Executed by Julie Stiebritz as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/5/2023, answer due 7/26/2023. 附件: 1:(Declaration of Service) |
07/05/2023 | MEMORANDUM by Julie Stiebritz in support of motion for preliminary injunction 18 附件: 1:Declaration of Keith A. Vogt 2:(Exhibit 1, Declaration of Keith Vogt) |
07/05/2023 | MOTION by Plaintiff Julie Stiebritz for preliminary injunction |
06/29/2023 | SURETY BOND in the amount of $ 10,000 posted by Julie Stiebritz. (jk2,) |
06/28/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
06/27/2023 | TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/27/2023: Modified on 7/21/2023 (jk2,). |
06/27/2023 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages 11 and for leave to file under seal 10 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 12 is 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 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 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 timely 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. |
06/23/2023 | EXHIBIT by Plaintiff Julie Stiebritz Sealed Exhibit 2, Declaration of Julie Stiebritz regarding memorandum in support of motion, 13. 附件: 1:(Exhibit 2-1) Modified on 7/21/2023 (jk2,) |
06/23/2023 | MEMORANDUM in support of 12 Exparte motion 附件: 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of Keith A. Vogt's declaration 3:Declaration of Julie Stiebritz 4:(Exhibit 1, of Julie Stiebritz's declaration) |
06/23/2023 | EX PARTE MOTION by Plaintiff Julie Stiebritz to for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and or Electronic Publication |
06/23/2023 | MOTION by Plaintiff Julie Stiebritz for leave to file excess pages |
06/23/2023 | MOTION by Plaintiff Julie Stiebritz for leave to file under seal |
06/23/2023 | 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. |
06/23/2023 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
06/23/2023 | MAILED copyright report to Registrar, Washington DC. (jk2,) |
06/22/2023 | ATTORNEY Appearance for Plaintiff Julie Stiebritz by Cameron Eugene Mcintyre |
06/22/2023 | ATTORNEY Appearance for Plaintiff Julie Stiebritz by Adam Grodman |
06/22/2023 | ATTORNEY Appearance for Plaintiff Julie Stiebritz by Yi Bu |
06/22/2023 | ATTORNEY Appearance for Plaintiff Julie Stiebritz by Yanling Jiang |
06/22/2023 | ATTORNEY Appearance for Plaintiff Julie Stiebritz by Keith A. Vogt |
06/22/2023 | CIVIL Cover Sheet |
06/22/2023 | SCHEDULE A by Plaintiff Julie Stiebritz Schedule A to Complaint (1) Modified on 7/21/2023 (jk2,). |
06/22/2023 | COMPLAINT filed by Julie Stiebritz ; Filing fee $ 402, receipt number AILNDC-20762678. 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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