最近更新：2024-12-25
2023-cv-17068
| 日期 | 描述 |
|---|---|
| 10/16/2024 | CERTIFICATE of Service by Plaintiff FitTrack, Inc. regarding set motion and R&R deadlines/hearings, 55 附件： 1:Exhibit A 2:(Exhibit B) |
| 10/15/2024 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 53, must enter an appearance and file a written objection by 10/22/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 09/11/2024 | MEMORANDUM by FitTrack, Inc. in support of motion for entry of default, motion for default judgment 53 附件： 1:Declaration of Sameeul Haque 2:(Exhibit 1) |
| 09/11/2024 | MOTION by Plaintiff FitTrack, Inc. for entry of default and, MOTION by Plaintiff FitTrack, Inc. for default judgment as to all remaining Defendants 附件： 1:(Exhibit A) |
| 09/04/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, 51. By 9/11/2024, plaintiff should file a status report, unless a motion for default judgment has been filed before that date. |
| 08/28/2024 | STATUS Report by FitTrack, Inc. |
| 08/23/2024 | MINUTE entry before the Honorable Martha M. Pacold: By 8/28/24, plaintiff is directed to file a status report with an update on the status of this case. The status report should address whether any appearing defendants have not been dismissed and should address whether plaintiff intends to move for entry of default and default judgment. Mailed notice. |
| 07/10/2024 | EXECUTIVE COMMITTEE ORDER: The Honorable Nancy L. Maldonado has been confirmed for a seat on the Court of Appeals for the Seventh Circuit. It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Nancy L. Maldonado no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 7/10/2024. |
| 06/24/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendant No. 2 HECAI-US is dismissed without prejudice. |
| 06/21/2024 | NOTICE of Voluntary Dismissal by FitTrack, Inc. Under Rule 41(a)(1) HECAI-US (Def. #2) |
| 06/21/2024 | NEW PARTIES: jilinzhuliu, HECAI-US, qqxinqianshun and JINGJIUPAI added to case caption. |
| 06/20/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 6/20/2024. |
| 06/20/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court set a 6/19/24 deadline for the Amazon Defendants to appear and respond to the motion for preliminary injunction, but no defendant has appeared or objected to the motion. Plaintiff's motion for preliminary injunction 41 is therefore granted as unopposed. Enter Preliminary Injunction Order. The Clerk is directed to unseal Plaintiff's Schedule A to the Pleading(s) 4, the first TRO 18, Amended Schedule A to the Pleading(s) 34, and the TRO as to Amazon Defendants 38. Plaintiff's counsel is directed to ensure that the Amazon Defendants listed on the Amended Schedule A are added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Courts website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. |
| 06/05/2024 | Notice of Compliance by FitTrack, Inc. 附件： 1:Exhibit A 2:(Exhibit B) |
| 06/05/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for preliminary injunction 41. Plaintiff has already served, via electronic service, a copy of its motion for preliminary injunction on Defendants. Dkt. 41 at 3. Defendants shall have until 6/19/2024 to appear or otherwise object to the entry of a preliminary injunction. If no such appearance or objection is filed, the preliminary injunction may be entered. In light of the time given for Defendants to appear and object, the sealed temporary restraining order 38 is extended until 6/19/2024. Plaintiff shall promptly serve Defendants with a copy of this minute order. |
| 06/04/2024 | MEMORANDUM by FitTrack, Inc. in support of motion for preliminary injunction 41 附件： 1:Declaration of Sameeul Haque 2:(Exhibit 1) |
| 06/04/2024 | MOTION by Plaintiff FitTrack, Inc. for preliminary injunction and extension of the Temporary Restraining Order 38 as to certain Defendants |
| 06/04/2024 | SUMMONS Returned Executed by FitTrack, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 6/4/2024, answer due 6/25/2024. 附件： 1:Declaration of Kathryn Smith 2:(Exhibit A) |
| 05/23/2024 | SURETY BOND in the amount of $ 5,000.00 posted by FitTrack, Inc. (Document not scanned). |
| 05/21/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Nancy L. Maldonado on 5/21/2024. |
| 05/21/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to amend Exhibit 2 and Schedule A to the Complaint 33 is granted for the reasons stated therein. Additionally, for the reasons stated in Plaintiff's motion and accompanying memorandum for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 35 against Defendants Nos. 2 and 4 on the Amended Schedule A is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants Nos. 2 and 4 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 Defendant's 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. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. The Court also notes that, while some judges in this district, including the undersigned, have questioned the propriety of joinder of numerous defendants in such "Schedule A" cases, the Court finds that there are sufficient facts in the record to support joinder of the 4 named defendants in the Amended Schedule A at this time. The record reflects Defendants each sell an identical product, with an identical or nearly identical product description; the Court thus finds joinder appropriate at least at this early pleading stage. If any defendant appears, they are free to raise any objection to joinder. Plaintiff shall deposit with the Clerk of Court an additional two thousand dollars ($2,000.00), either cash or surety bond, as security. |
| 05/20/2024 | MOTION by Plaintiff FitTrack, Inc. for temporary restraining order |
| 05/20/2024 | MOTION by Plaintiff FitTrack, Inc. for Leave to Amend Exhibit 2 and Schedule A to the Complaint |
| 05/02/2024 | MINUTE entry before the Honorable Nancy L. Maldonado:By 05/20/24, Plaintiff should file a status report, updating the Court on the progress of this case. If Plaintiff files a motion prior to 05/20/24, no status report is needed. |
| 04/04/2024 | NEW PARTIES: qqxinqianshun and jilinzhuliu added to case caption. |
| 04/04/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 4/4/2024. |
| 04/04/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court previously ordered Plaintiff to promptly serve Defendants with a copy of its prior minute entry stating the deadline for Defendants to appear or object to Plaintiff's preliminary injunction motion. Plaintiff has filed a certificate of service confirming that it did so. As no defendant has appeared or objected to the motion, Plaintiff's motion for preliminary injunction 24 is therefore granted as unopposed. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that the non-Amazon defendants listed on 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 Courts website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Plaintiff should also file its motion for leave to amend Schedule A to the Complaint promptly. |
| 03/19/2024 | CERTIFICATE of Service by Nicholas S. Lee on behalf of FitTrack, Inc. regarding text entry, 28 附件： 1:(Exhibit A) |
| 03/19/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's certificate of service 27, which states that Defendants were served on 03/15/24 with Plaintiff's preliminary injunction motion, accompanying memorandum, and the Court's February 20, 2024 minute order. Given Plaintiff's delay in serving Defendants via electronic mail, the Court extends Defendants' deadline to appear or object to Plaintiff's preliminary injunction motion to 04/03/24. If no such appearance or objection is filed, the preliminary injunction may be entered. By 03/20/24, Plaintiff shall serve Defendants with a copy of this minute entry and file a certificate of service. |
| 03/18/2024 | CERTIFICATE of Service by Plaintiff FitTrack, Inc. regarding text entry, 26 附件： 1:(Exhibit A) |
| 02/20/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for preliminary injunction 24. Defendants shall have until 3/20/24 to appear and object to the entry of a preliminary injunction. If no such appearance or objection is filed, the preliminary injunction may be entered. Plaintiff shall promptly serve Defendants with a copy of the motion for preliminary injunction, accompanying memorandum, and this minute entry and file a certificate of service. |
| 02/19/2024 | MEMORANDUM by FitTrack, Inc. in support of motion for preliminary injunction 24 附件： 1:Declaration of Sameeul Haque 2:(Exhibit 1 to the Declaration) |
| 02/19/2024 | MOTION by Plaintiff FitTrack, Inc. for preliminary injunction 附件： 1:(Exhibit A) |
| 02/15/2024 | CERTIFICATE of Service by Plaintiff FitTrack, Inc. 附件： 1:(Exhibit A) |
| 02/05/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A |
| 02/05/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion to extend the temporary restraining order 20 is granted for the reasons therein. The TRO shall remain in effect up to and including 02/19/24. Mailed notice |
| 02/02/2024 | MOTION by Plaintiff FitTrack, Inc. to Extend Temporary Restraining Order |
| 01/31/2024 | SURETY BOND in the amount of $ 3,000 posted by FitTrack, Inc. (Document not Imaged) |
| 01/22/2024 | SEALED Temporary Restraining Order Signed by the Honorable Nancy L. Maldonado on 1/22/2024. |
| 01/22/2024 | 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 motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 14 and motion for alternative service 16 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 Defendant's 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. 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). At Plaintiff's suggestion, the Court further orders that Plaintiff send courtesy copies via international courier to Defendants (to the extent Plainitff is aware of a mailing address). Moreover, expedited discovery is warranted to identify Defendants and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court three thousand dollars ($3,000.00), either cash or surety bond, as security. |
| 01/19/2024 | MOTION by Plaintiff FitTrack, Inc. for Alternative Service |
| 01/19/2024 | MOTION by Plaintiff FitTrack, Inc. for temporary restraining order |
| 01/14/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
| 01/14/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA 附件： 1:((List of Trademarks ex 1)) |
| 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. |
| 12/27/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's motion for leave to file certain documents under seal [3]. Plaintiff's motion is granted for the reasons stated in the motion. |
| 12/22/2023 | MOTION by Plaintiff FitTrack, Inc. for leave to file certain documents under seal |
| 12/22/2023 | COMPLAINT filed by FitTrack, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21455564. 附件： 1:Schedule A (redacted) 2:Exhibit 1 3:Exhibit 2 (redacted) 4:Exhibit 3 5:Exhibit 4 6:Exhibit 5 |
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