最近更新：2024-12-25
2023-cv-16002
| 日期 | 描述 |
|---|---|
| 05/14/2024 | RETURN of U.S. Post Office Receipt, article no. 7022 3330 00001 8848 9475. (Received by mail in the Clerk's Office on 5/14/24) |
| 05/08/2024 | Civil case terminated. Signed by the Honorable Martha M. Pacold on 5/8/2024. Mailed notice |
| 05/08/2024 | DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 5/8/2024. Mailed notice |
| 05/08/2024 | ORDER: No remaining defendant has responded to plaintiff's motion for entry of default and default judgment, 29, which was filed nearly four months ago. 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 the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith Vogt Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604, via certified mail. Plaintiff's motion for a preliminary injunction, 20, is denied as moot. Enter Default Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 5/8/2024. Mailed notice |
| 04/25/2024 | STATUS Report Pursuant to Minute Entry Order 61 by Gerald J. Lofaro |
| 04/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: By 4/25/2024, plaintiff and defendant AdoraCute by PatPat are directed to file a status report on the status of the case and how they seek to proceed with this case. |
| 04/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's notice of dismissal 58, which seeks to voluntarily dismiss defendants No. 182 Home Boutique Corner and No. 198 VASYL Flagship Store. 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 notices of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing 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 has already filed an amended Schedule A on the docket 59. Home Boutique Corner and VASYL Flagship store are terminated. |
| 04/15/2024 | Amended Schedule A 2 by Gerald J. Lofaro |
| 04/15/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 182 Home Boutique Corner and defendant no. 198 VASYL Flagship store |
| 03/01/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's notice of dismissal 55, which seeks to voluntarily dismiss numerous defendants. 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 notices of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing 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 has already filed an amended Schedule A on the docket 56. Bosness, CCSPDD, CEILN, CHAQLIN, ComeTrue, Cross stitch kit factory, FS Mall, FaceYee, FedinaShop, FiveEarl 3D Funny Clothes, HEJANG, HENGJI - US, HENGJI-US, LACOMA, LOWORO, Log Zog, MR.DINOSAURCHEF, Me LLC, MountRuby, NTETSN, PTZETIAN, RUMOD, Roseanne Equipment, SHGUORZ, SmartCustom Shop, Som Lam, TikMox, Timerunfa, Tra Store, WANYNG INC, WuYiBingxiaodian, YongZMY-US, ZaaPrint, aBETTER, hoolhwa e-store, iWrot, luoqingzhongdegongyipindian, newhero, newhero, niiore, stmedazm, weiyixing, AmDxD and Anneunique terminated. |
| 02/28/2024 | Amended Schedule A [2] by Gerald J. Lofaro |
| 02/28/2024 | NOTICE of Voluntary Dismissal by Gerald J. Lofaro as to [Certain] Defendants |
| 02/22/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff has filed notices of voluntary dismissal as to certain defendants, [48], [52], as well as a proposed amended Schedule A, [49]. However, it is not clear whether the amended Schedule A is accurate given that it redacts, among other defendants, defendant No. 60, AdoraCute by PatPat. The redactions in the amended Schedule A appear to indicate dismissed defendants. But plaintiff's most recent status report [52] and defendant No. 60's requests for extension of its answer deadline, e.g., [50], indicate that defendant No. 60 has not been dismissed. By 2/29/24, plaintiff should review the most recent notices of voluntary dismissal, [48], [52], and the proposed amended Schedule A, [49], and file (1) a consolidated notice of voluntary dismissal reflecting the defendants it seeks to dismiss and (2) a new proposed amended Schedule A accurately reflecting all the dismissals. Plaintiff's most recent filings, [48], [49], [52], are stricken pending the renewed filings. |
| 02/21/2024 | MINUTE entry before the Honorable Martha M. Pacold: Defendant AdoraCute by PatPat's motion for extension of time to file answer [50] is granted. By 3/18/24, defendant AdoraCute by PatPat should file an answer or other response to the complaint. |
| 02/21/2024 | STATUS Report Pursuant to Minute Entry Order [47] by Gerald J. Lofaro |
| 02/19/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 168 luoqingzhongdegongyipindian |
| 02/15/2024 | MOTION by Defendant AdoraCute by PatPat for extension of time to file answer regarding complaint[1] AGREED |
| 02/09/2024 | Amended Schedule A [2] by Gerald J. Lofaro |
| 02/09/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants |
| 02/07/2024 | MINUTE entry before the Honorable Martha M. Pacold: The parties should file a joint status report by 2/20/24 on the status of remaining defendants, the status of settlement discussions, whether plaintiff is still pursuing its motion for preliminary injunction [20] in light of its motion for default judgment [29], and how the parties seek to proceed with this case. |
| 02/07/2024 | MINUTE entry before the Honorable Martha M. Pacold: Defendant HENGJI-US's motion for extension of time to file answer [34] is granted. By 2/15/24, defendant HENGJI-US should file an answer or other response to the complaint. |
| 02/07/2024 | MINUTE entry before the Honorable Martha M. Pacold: Defendant AdoraCute by PatPat-US's motion for extension of time to file answer [32] is granted. By 2/15/24, defendant AdoraCute by PatPat-US should file an answer or other response to the complaint. |
| 02/07/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's notices of dismissal [28], [35], [36], which seek to voluntarily dismiss numerous defendants. 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 notices of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 2/9/24, plaintiff is directed to file an amended Schedule A identifying the remaining defendants. CBB Home Decor, Ceiln, DDLBiz, Defendant 88, HSGTRH, Haizhilan home decoration project, Howilath-US, KnBoB, Koudehua womens clothes, LINNAO Ltd, LONGXR, Lisa Luo, MagiDent, Salabomia, Sunhillsgrace.Co. Ltd, Timerunfa, Wiueurtly, WuHanBaiTeGuoJiMaoYiYouXianGongSi, Xuehua, YHYA, quanzhoushikaichi, showudesigns workshop, Banemi and Beppter Learning terminated. |
| 02/07/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and defendant AdoraCute by PatPat's joint motion to modify asset restraint [42] is granted. In light of the parties' agreement for the purpose of settlement, the asset restraint as to AdoraCute by PatPat is reduced to $60,000. |
| 01/28/2024 | MOTION by Defendant AdoraCute by PatPatModify Asset Restraint (AGREED) JOINTLY FILED |
| 01/22/2024 | NEW PARTIES: Timerunfa, PProton, VASYL Flagship store, Xuehua, Jane Rabbit Co. Ltd, Me LLC, WANYNG INC, Defendant 15, Defendant 88, Defendant 119, Defendant 120 and Defendant 173 added to case caption. |
| 01/22/2024 | NEW PARTIES: JUNFEIBAIHUO, XIANGFEILU, guangwutangyaoyeyouxiangongsi, YUXINSHANGPIN, KnBoB, MENGHANSHANGMAO, PU ZHU PA YAN, XIAODONGDIAN, HUOYUTAOBAIHUO, XIAOYUJINGYINGGE, CHENJUNJIAN, CHENYUEGONGYI, HongTaoShangMao, Shopbesepro, ZaaPrint, XIAOCHENGHONG, LIUGANGOO, Xi'an Qu Xiaozhi Cultural Technology Co., Ltd., luoqingzhongdegongyipindian, yuchongqin098, delinpostershop, ZOOYUU, hjjluoge, sheean, XMYZYP, yuanzhouqujinghuayubaihuodian, wangrunlin202101, haikouchangshiyushangmaoyouxiangongsi, FaceYee, RUMOD, SmartCustom Shop, Home Boutique Corner, Shengmeng, Koudehua womens clothes, HSGTRH, PTZETIAN, Wiueurtly, Honrane, Sunhillsgrace.Co. Ltd, LINNAO Ltd, MMolecule, AceGO, HXUUAE LLC, Beppter Learning, BOTE LLC and Timerunfa added to case caption. |
| 01/22/2024 | NEW PARTIES: liyingyingsm, LVeShop, Creaativedragon, panjinbin54, Haizhilan home decoration project, SKY365789, weiyixing, Guotougou, Qifeng Ou Store, Lin Living, sichuanlehongtianbindianzishangwuyouxiangongsi, cgbshhfcuwuifjfjmsam, Home Decor Store US, Nimblehuan, HAILIN HOME, yaoyaodoumaoyiyouxiangongsi, hoolhwa e-store, QianMeiYueBaiHuoDian, suifenheshizhuohonggongyipindian, Ruisendike, YXBSDIAN, Banemi, MountRuby, AmDxD, Demison, linye002, ZHENGGUANGJIAJV, XIJXLK, zhengzhoushiguanchenghuizuquhuabuyuriyongpindia n, WANGJUNHUI, RARERZ, Homli, SHICHUNAYAN, shenqiuxianmadongbaihuochaoshi, shenqiuxianminggeriyongpin, Yierkeji, xiang cheng shi rao jun hong an mo dian and RONGYANDU added to case caption. |
| 01/22/2024 | NEW PARTIES: WuYiBingxiaodian, ComeTrue, AAZzihang9, LAIRONAN, Hongyan Shopping Mall, DIDAONUMEN01, Yanwuuh, FedinaShop, Tra Store, Roberts Ellen, TikMox, Howilath-US, MR.DINOSAURCHEF, KUBSHYVC, WORBESTOO, linsongyanhaibao, DDLBiz, Putian Chengxiang District Zhanghesan Trading Co., CHoppyWAVE, LONGXR, HEJANG, LAOFU, Cross stitch kit factory, ZYHZYHMW, SSZZoo, xiangchengshiqinmiaoshangmaoyouxiangongsi, ZhaiDuo, xiangchengshilvchenshangmaoyouxiangongsi, YongZMY-US, dhsdhi34hv, CCSPDD, HGJTRRD, EN GOO, DIY Melody, gushuai777, junjun965, yukoubaihuo, HeNanGuiZhouShangMaoyouXianGongSi, zhaokajiashangmao and lijinhua54789 added to case caption. |
| 01/22/2024 | NEW PARTIES: LACOMA, Roseanne Equipment, MEGENN, Blervcyss, RenXiaoYao, Bosness, JSJCHENG, quanzhoushikaichi, Aokaixiyue, Ceiln, HENGJI - US, FiveEarl 3D Funny Clothes, sunguipinghaibaohuihua, CBB Home Decor, xinxiangfeimengshangmaoyouxiangongsi, disanZS, AdoraCute by PatPat, CHAQLIN, showudesigns workshop, stmedazm, Log Zog, WuHanBaiTeGuoJiMaoYiYouXianGongSi, iWrot, KONYUO and kengdufuiy added to case caption. |
| 01/22/2024 | NEW PARTIES: XianYouXianLiNanXiaoYuWenJuDian, Aukosy, LMNYWZF, chuangxinshangmao, HT Workshop, dewvrbmuol, aBETTER, MagiDent, huimaizhenpindi, Cai Kai zhong Art, xiangchengshimengpingshineimendian, Ankixssy, LISHANGMAO, ZITMEN, newhero, LEAFICS, Anneunique, MuswannaA, zongyun shop, xiejiaqi666, Salabomia, hujiashangmao12, niiore, houmashijianjinbaihuoyouxiangongsi, qujingjianjiedianzishangwuyouxiangongsi, Som Lam, LOWORO, Shyhoo Inc., kaixinyixiao, VIshown, springhong, fangugongsi, SHGUORZ, NTETSN, pingtanyuhandianzishangwugongzuoshi, lengfahai666, TaoZewenMDJVOMFVOPK, Lisa Luo, FS Mall, WXY ART, YHYA and shanxibokaishaoyushangmaoyouxiangongsi1 added to case caption. |
| 01/19/2024 | NOTICE of Correction regarding order on motion for preliminary injunction [38], text entry, [37]. Entered in error. |
| 01/19/2024 | MINUTE entry before the Honorable Martha M. Pacold This court's minute entry [37], preliminary injunction order [38], and Order [39] were entered in error and are hereby stricken. ***Reopen Document MOTION by Plaintiff Gerald J. Lofaro for preliminary injunction [20] |
| 01/19/2024 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 1/19/2024: Mailed notice |
| 01/19/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/19/2024: |
| 01/19/2024 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an objection to the motion for preliminary injunction [20]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction [20] 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 Exhibit 1 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//nstructions. |
| 01/17/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants |
| 01/17/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 65 WuHanBaiTeGuoJiMaoYiYouXianGongSi |
| 01/16/2024 | MOTION by Defendant HENGJI-US for extension of time to file answer regarding complaint[1] by 02/15/2024 |
| 01/16/2024 | ATTORNEY Appearance for Defendant HENGJI-US by Jiyuan Zhang |
| 01/15/2024 | MOTION by Defendant AdoraCute by PatPat-US for extension of time to file answer regarding complaint[1] UNOPPOSED |
| 01/15/2024 | ATTORNEY Appearance for Defendant AdoraCute by PatPat-US by Christopher Paul Keleher |
| 01/12/2024 | MEMORANDUM by Gerald J. Lofaro in support of motion for default judgment[29] 附件： 1:Exhibit 1 2:Exhibit 2 3:Declaration of Keith A. Vogt |
| 01/12/2024 | MOTION by Plaintiff Gerald J. Lofaro for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A |
| 01/09/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 53 Ceiln |
| 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. |
| 12/26/2023 | ATTORNEY Appearance for Defendant newhero by Adam Edward Urbanczyk |
| 12/19/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 20 under advisement and will consider the motion 20 unopposed if no defendant appears and objects by 1/2/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the TRO, the TRO is further extended to and including the date on 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. |
| 12/18/2023 | ATTORNEY Appearance for Defendant CEILN by David Silver |
| 12/15/2023 | LETTER from Ivayla Ivanova dated 12/15/2023. |
| 12/11/2023 | SUMMONS Returned Executed by Gerald J. Lofaro as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2023, answer due 1/1/2024. 附件： 1:(Declaration of Service, Keith A. Vogt) |
| 12/11/2023 | MEMORANDUM by Gerald J. Lofaro in support of motion for preliminary injunction 20 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, Declaration of Keith Vogt) |
| 12/11/2023 | MOTION by Plaintiff Gerald J. Lofaro for preliminary injunction |
| 12/06/2023 | CIVIL BOND in the amount of $ 10,000 posted by Gerald J. Lofaro. (Document not Scanned). |
| 12/04/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/4/2023: |
| 12/04/2023 | 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 13 and for leave to file under seal 12 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 14 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. |
| 11/20/2023 | SEALED EXHIBIT by Plaintiff Gerald J. Lofaro Sealed Exhibit 2, Declaration of Gerald J. LoFaro regarding memorandum in support of motion, 15 附件： 1:Exhibit 2-1 2:(Exhibit 2-2) |
| 11/20/2023 | MEMORANDUM in support of 14 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) |
| 11/20/2023 | MOTION by Plaintiff Gerald J. Lofaro for leave to file excess pages |
| 11/20/2023 | MOTION by Plaintiff Gerald J. Lofaro for leave to file under seal |
| 11/17/2023 | MAILED copyright report to Registrar, Washington DC. 附件： 1:(Part 2) |
| 11/16/2023 | 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. |
| 11/16/2023 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. 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 | 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-21335266. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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