2023-cv-15988 - 案件详情 - 61TRO案件查询网站

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2023-cv-15988

Gerald J. Lofaro 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

品牌 - 61TRO案件查询网站 品牌:

律所 - 61TRO案件查询网站 律所:

日期 描述
05/17/2024 MAILED copyright report to Registrar, Washington DC.
05/15/2024 DEFAULT FIINAL JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 5/15/2024. Mailed notice
05/15/2024 MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 33 is granted. 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 copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiff or its counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604. Enter separate Default Final Judgment Order. Civil case terminated. Mailed notice
04/23/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A 33 is under advisement. Plaintiff shall file a revised list of defaulting defendants and submit a corresponding proposed order to the Court's proposed order inbox. Mailed notice
04/08/2024 CERTIFICATE of Service by Plaintiff Gerald J. Lofaro regarding text entry, 43
04/08/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 8 GZCQSM
04/08/2024 AMENDED MINUTE entry 42 before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Pursuant to Federal Rule of Civil Procedure 55(a), the Court entered default as to Defendants excluding Defendant GZCQSM on 3/12/2024 35. Plaintiff's motion for default judgment is unopposed as no objections were filed before the Court's 3/20/2024 deadline 35. The Court will rule on the papers unless a hearing is requested on or before 4/17/2024 by emailing lynette_santiago@ilnd.uscourts.gov. Plaintiff is instructed to serve a copy of this order and the motion for default judgment on Defendants via e-mail (if available) and electronic publication. Mailed notice
04/08/2024 MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Pursuant to Federal Rule of Civil Procedure 55(a), the Court entered default as to Defendants excluding Defendant GZCQSM on 3/12/2024 35. Plaintiff's motion for default judgment is unopposed as no objections were filed before the Court's 3/20/2024 deadline 35. The Court will rule on the papers unless a hearing is requested on or before 4/17/2024 by emailing lynette_santiago@ilnd.uscourts.gov. Plaintiff is instructed to serve a copy of this order and the motion for default judgment on Defendants via e-mail (if available) and U.S. mail. Plaintiff shall file a certificate of service on the docket as soon as possible. Mailed notice
04/02/2024 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's criminal case assignment system ninety (90) days so that Judge Harjani shall thereafter receive a full share of such cases. Case reassigned to the Honorable Sunil R. Harjani for all further proceedings. Honorable Jeffrey I Cummings no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.
03/26/2024 CONSENT JUDGMENT Signed by the Honorable Jeffrey I Cummings on 3/26/2024. Mailed notice
03/26/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to approve consent judgment as to defendant Grianlook 37 is granted. Enter Consent Judgment (as to plaintiff and defendant Grianlook only). Mailed notice
03/21/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
03/20/2024 MOTION by Plaintiff Gerald J. Lofaro to approve consent judgment
03/12/2024 CERTIFICATE of Service by Plaintiff Gerald J. Lofaro regarding text entry, 35
03/12/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of default and default judgment against all defendants 33. The Court notes that the motion does not appear to exclude defendant GZCQSM - which was granted an extension until 3/19/24 to answer or otherwise plead to plaintiff's complaint from its requested relief. Defendant GZCQSM is thus excluded from this Order. All remaining defendants, however, have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 3/20/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice
03/11/2024 MEMORANDUM by Gerald J. Lofaro in support of motion for default judgment 33
附件:
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
03/11/2024 MOTION by Plaintiff Gerald J. Lofaro for default judgment as to The Defendants Identified In First Amended Schedule A
02/29/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Defendant's unopposed motion for extension of time to answer or otherwise plead 31 is granted. Defendant GZCQSM shall answer or otherwise plead by 3/19/24. The 3/1/24 tracking status hearing is stricken and re-set to 5/3/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
02/27/2024 MOTION by Defendant GZCQSM for extension of time to file answer regarding complaint 1 Unopposed Motion for Extension of Time to Answer Complaint
02/27/2024 ATTORNEY Appearance for Defendant GZCQSM by Michael Thomas Stanley
02/26/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 2/26/24. Mailed notice
02/26/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 22 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk 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 in connection with entry of the TRO, 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 infringing goods. Plaintiff has also certified and established that it provided electronic notice to defendants of the pendency of this action and the motion, 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 Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice
02/26/2024 NEW PARTIES: yoeyez, zhaowenfei Co. ltd, Toodstore, Yomiie, lyjutou Co.Ltd, WEISIMA STORE, REORIAFEE Fashion Clothing, GZCQSM, Jingxin, Grianlook, HBTWLKJ Co,ltd, KONEW, JenniferLiz, Jiwenxiang, yichengjiaxinkejiyouxiangongsi and Family Bedding added to case caption.
02/12/2024 CERTIFICATE of Service by Plaintiff Gerald J. Lofaro regarding text entry, 26
02/12/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 22. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before February 20, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which 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. Mailed notice
02/06/2024 SUMMONS Returned Executed by Gerald J. Lofaro as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/6/2024, answer due 2/27/2024.
附件:
1:(Declaration of Service)
02/06/2024 ALIAS Summons Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A.
02/06/2024 MEMORANDUM by Gerald J. Lofaro in support of motion for preliminary injunction 22
附件:
1:Declaration of Keith A. Vogt
2:(Exhibit 1, Declaration of Keith Vogt)
02/06/2024 MOTION by Plaintiff Gerald J. Lofaro for preliminary injunction
01/31/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
01/30/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 1/30/2024
01/30/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal 10 and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, and electronic service of process 12 are granted solely as to the defendants identified in plaintiff's Amended Schedule A 18. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing set for 3/1/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
01/25/2024 SEALED EXHIBIT by Plaintiff Gerald J. Lofaro [Amended] Sealed Exhibit 2, Declaration of Gerald J. Lofaro regarding memorandum in support of motion, 13
附件:
1:(Exhibit 2-1)
01/25/2024 SEALED DOCUMENT by Plaintiff Gerald J. Lofaro [Amended] Schedule A to Complaint 1 and Schedule A 2
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.
12/01/2023 MEMORANDUM by Gerald J. Lofaro Supplemental Memorandum Establishing That Joinder Is Proper
附件:
1:Exhibit 1-3, Memorandum in Support
2:Declaration of Gerald J. LoFaro
3:Declaration of Todd Richards
4:Declaration of Offer Shlomi
5:(Exhibit 1, Declaration of Offer Shlomi)
11/22/2023 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file excess pages 11 is granted. Plaintiff's motion for leave to file under seal 10 and plaintiff's motion for temporary restraining order 12 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 200 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 12/1/23, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice
11/17/2023 SEALED EXHIBIT by Plaintiff Gerald J. Lofaro Sealed Exhibit 2, Declaration of Gerald J. LoFaro regarding memorandum in support of motion, 13
附件:
1:Exhibit 2-1
2:(Exhibit 2-2)
11/17/2023 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 Gerald J. LoFaro
4:(Exhibit 1, of Gerald J. LoFaro's declaration)
11/17/2023 MOTION by Plaintiff Gerald J. Lofaro for leave to file excess pages
11/17/2023 MOTION by Plaintiff Gerald J. Lofaro for leave to file under seal
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 Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3).
11/15/2023 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Monica Rita Martin
11/15/2023 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Cameron Eugene Mcintyre
11/15/2023 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Adam Grodman
11/15/2023 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Yi Bu
11/15/2023 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Yanling Jiang
11/15/2023 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Keith A. Vogt
11/15/2023 CIVIL Cover Sheet
11/15/2023 SEALED DOCUMENT by Plaintiff Gerald J. Lofaro Schedule A to Complaint 1
11/15/2023 COMPLAINT filed by Gerald J. Lofaro ; Filing fee $ 402, receipt number AILNDC-21333964.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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