2023-cv-15960 - 案件详情 - 61TRO案件查询网站

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2023-cv-15960

Kayomi Harai v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期 - 61TRO案件查询网站 日期:11/15/2023

法院 - 61TRO案件查询网站 法院:伊利诺伊州北区法院

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日期 描述
06/21/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 22 Yubatuo Co. Ltd
06/21/2024 SATISFACTION of Judgment as to Defendant no. 6 zhengqian store and 7 JenniferLiz
03/26/2024 MAILED copyright report with certified copy of minute order dated 2/13/2024 to Registrar, Washington DC. (jn,)
03/26/2024 MAILED copyright report to Registrar, Washington DC. (jn,)
02/13/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of Plaintiff's status report [50] and Plaintiff's Notice of Dismissal [11], this action is being dismissed without prejudice as to all remaining Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1). All pending motions and deadlines are terminated as moot. Civil case terminated. Emailed notice.
02/12/2024 STATUS Report Pursuant to [43] by Kayomi Harai
02/12/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
02/01/2024 AGREED CONSENT JUDGMENT Signed by the Honorable LaShonda A. Hunt on 2/1/2024. Emailed notice.
02/01/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Joint Motion for Entry of Consent Judgment [45] is granted. Enter Consent Judgment against Defendant Yubatuo Co. Ltd. No appearance is necessary on 2/7/24. Emailed notice.
01/31/2024 NOTICE of Motion by Keith A. Vogt for presentment of motion to approve consent judgment[45] before Honorable LaShonda A. Hunt on 2/7/2024 at 10:00 AM.
01/31/2024 MOTION by Plaintiff Kayomi Harai to approve consent judgment
01/29/2024 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 1/29/2024. Emailed notice.
01/29/2024 MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has filed a response to Plaintiff's motion for entry of default judgment. Accordingly, the motion [35] is granted as to the defendants identified on the Second Amended Schedule A attached to the accompanying Default Final Judgment Order. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $10,000 is an appropriate award of statutory damages against each remaining defendant identified on the Second Amended Schedule A attached to the accompanying Default Final Judgment Order. Enter Default Final Judgment Order. If any remaining defendants have not been voluntarily dismissed by 2/9/24, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.
01/29/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
01/16/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
01/15/2024 ATTORNEY Appearance for Defendants Corashan Co., Ltd., Feternal, Household Goods, KuRLing, PinShui Co.Ltd, QWANG SEA, Yubatuo Co. Ltd by Adam Edward Urbanczyk
01/12/2024 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding set motion and R&R deadlines/hearings, terminate hearings, 38
01/12/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 35 against the remaining defendants identified in Second Amended Schedule A [35-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 1/26/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 1/16/24. Emailed notice.
01/11/2024 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 35 before Honorable LaShonda A. Hunt on 1/16/2024 at 10:00 AM.
01/11/2024 MEMORANDUM by Kayomi Harai in support of motion for default judgment 35
附件:
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
01/11/2024 MOTION by Plaintiff Kayomi Harai for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Second Amended Schedule A
附件:
1:(Exhibit 1)
01/06/2024 NEW PARTIES: Jiahualiren, WEISIMA STORE, zhaowenfeishangmao Co. ltd, suyingshangmao, FKELYI, Zhengqian Store, JenniferLiz, Dongguan Meiya Trading Co., Gogomarket, Yarong Store, EOTVIA STORE, Likede Store, Hengxinshuo, Xuhangla, TRF STORE, Yinuoxi Store, Cuke, PinShui Co.Ltd, Moobody, Exclusive OutLet, World Deal, Yubatuo Co. Ltd, WQQZJJ, Corashan Co., Ltd., KuRLing, Yutaosen, LINNAO Ltd, New Technic Toys, AceGO, IWRUHZY Co. ltd, Scnor Home, Household Goods, Feternal, QWANG SEA, Wanning Langrun Co., Ltd., Dealovy Co.Ltd, Yomiee HOME&OUTDOORS, Mouliraty, Herrnalise and Amacok added to case caption.
01/04/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Minute entry 31 is entered in error and amended to reflect the following: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 24, which the Court now considers unopposed because no Defendant filed a notice of objection by the 1/3/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants 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 on the record and in connection with entry of the TRO 21, 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 27 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Second Amended Schedule A 18 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice
01/04/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 32. Summons were executed on 12/14/23, and Defendants' responses to the complaint are due by 1/4/24 27. By 2/9/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Mailed notice
01/04/2024 PRELIMINARY INJUNCTION ORDER signed by the Honorable LaShonda A. Hunt on 1/4/2024. Mailed notice
01/04/2024 ENTERED IN ERROR. Docket text modified on 1/4/2024
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.
12/15/2023 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding order on motion for preliminary injunction, terminate hearings, set motion and R&R deadlines/hearings, 28
12/15/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 24 is taken under advisement. A telephonic motion hearing is set for 1/4/24, at 10:00 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 1/3/24, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO 21, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 12/19/23. Emailed notice.
12/14/2023 SUMMONS Returned Executed by Kayomi Harai as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/14/2023, answer due 1/4/2024.
附件:
1:(Declaration of Service, Keith A. Vogt)
12/14/2023 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 24 before Honorable LaShonda A. Hunt on 12/19/2023 at 10:00 AM.
12/14/2023 MEMORANDUM by Kayomi Harai in support of motion for preliminary injunction 24
附件:
1:Declaration of Keith A. Vogt
2:(Exhibit 1, Declaration of Keith Vogt)
12/14/2023 MOTION by Plaintiff Kayomi Harai for preliminary injunction
12/13/2023 SURETY BOND in the amount of $20,000 posted by Kayomi Harai. (Document not scanned)
12/08/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
12/08/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/8/2023. Emailed notice to plaintiff's counsel.
12/08/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion 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 13 is granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $20,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 12/14/23. Emailed notice.
12/05/2023 SEALED EXHIBIT by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding sealed document 18, set deadlines, set/reset hearings, 17, memorandum in support of motion, 14, declaration 19
附件:
1:(Exhibit 2-1)
12/05/2023 DECLARATION regarding sealed document 18, set deadlines, set/reset hearings, 17 [Amended] Declaration of Kayomi Harai
附件:
1:(Exhibit 2, filed under seal)
12/05/2023 SEALED DOCUMENT by Plaintiff Kayomi Harai Second Amended Schedule A to Complaint 1 and Schedule A to Complaint 2
12/01/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint 1 and Amended Schedule A 10, the Court questions whether Plaintiff plausibly alleges that the 53 defendants here are sufficiently connected to satisfy the requirements of Fed. R. Civ. P. 20(a)(2) for joinder. Both Estee Lauder v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) and Bose Corp. v. Schedule A, 334 F.R.D. 511 (N.D. Ill. 2020) are instructive on this issue. Courts have "'considerable discretion' and 'flexibility' in determining whether the plaintiff has plausibly alleged such a relationship." Bose Corp., 334 F.R.D. at 513. An important consideration in Schedule A cases with numerous online marketplaces and sellers whose only sufficiently alleged connection is that they are all accused of selling counterfeit products that infringe upon Plaintiff's intellectual property rights is "whether the permissive joinder of a party will comport with the principles of fundamental fairness." Estee Lauder, 334 F.R.D. at 186 (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). In making this assessment, the Court must balance various factors: (1) the continuing harm to plaintiffs who seek immediate relief from courts to protect their intellectual property rights and prevent further economic loss; (2) the due process rights of defendants against whom ex parte relief, including the extraordinary remedy of freezing all their assets without notice and potentially ruining a legitimate business, is sought; and (3) the interest in promoting judicial economy as courts must quickly and efficiently evaluate hundreds of pages of evidentiary submissions to ensure that injunctive relief is warranted. Estee Lauder also instructs that conclusory allegations concerning the interrelatedness of defendants are not enough to support joinder, facts must be alleged. 334 F.R.D. at 185 & 188. In this case, Plaintiff has alleged only conclusions regarding a connection between the 53 Defendants and filed hundreds of pages of evidence to prove their alleged infringement. Under these circumstances, the Court declines to exercise its discretion to allow permissive joinder of all 53 defendants. However, after taking the aforementioned factors into consideration, the Court has generally allowed plaintiffs in Schedule A counterfeit products cases to proceed with no more than 40 defendants, which is far more manageable for a single case. That is less burdensome to plaintiffs, defendants, and the judicial system. Accordingly, consistent with this ruling, Plaintiff is granted leave to file a Second Amended Schedule A and an amended declaration in support of the pending TRO motion 13 that specifically identifies the relevant pages where evidence pertaining to each Second Amended Schedule A defendant can be found in the prior voluminous submissions, by 12/11/23. This case is set for an in-person hearing on 12/14/23, at 10:00 AM in Courtroom 1425. If Plaintiff chooses to amend its filings, the hearing date will be stricken. Otherwise, Plaintiff may submit a written response to this order, not to exceed 5 pages, by 12/11/23, and appear at the hearing to present further argument. Plaintiff's TRO motion 13 taken under advisement until the joinder issue is resolved. Emailed notice.
12/01/2023 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 11 and motion for leave to file excess pages 12 are granted. Schedule A 2 and Amended Schedule A 10 to the Complaint and Exhibit 2 to the Declaration of Kayomi Harai 15 shall remain under seal. Plaintiff is granted leave instanter to exceed the page limit and file a 24-page brief in support of its TRO motion 14. Emailed notice.
11/21/2023 SEALED EXHIBIT by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding memorandum in support of motion, 14
附件:
1:(Exhibit 2-1)
11/21/2023 MEMORANDUM in support of 13 Exparte motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Kayomi Harai
4:(Exhibit 1, of Kayomi Harai's declaration)
11/21/2023 MOTION by Plaintiff Kayomi Harai for leave to file excess pages
11/21/2023 MOTION by Plaintiff Kayomi Harai for leave to file under seal
11/21/2023 SEALED DOCUMENT by Plaintiff Kayomi Harai [Amended] Schedule A to Complaint 1 and Schedule A 2
11/15/2023 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.
11/15/2023 CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 3).
11/15/2023 ATTORNEY Appearance for Plaintiff Kayomi Harai by Monica Rita Martin
11/15/2023 ATTORNEY Appearance for Plaintiff Kayomi Harai by Cameron Eugene Mcintyre
11/15/2023 ATTORNEY Appearance for Plaintiff Kayomi Harai by Adam Grodman
11/15/2023 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yi Bu
11/15/2023 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yanling Jiang
11/15/2023 ATTORNEY Appearance for Plaintiff Kayomi Harai by Keith A. Vogt
11/15/2023 CIVIL Cover Sheet
11/15/2023 SEALED DOCUMENT by Plaintiff Kayomi Harai Schedule A to Complaint 1
11/15/2023 COMPLAINT filed by Kayomi Harai; Filing fee $ 402, receipt number AILNDC-21331587.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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