最近更新：2025-02-25
2024-cv-03255
| 日期 | 描述 |
|---|---|
| 11/01/2024 | FULL SATISFACTION of Judgment as to a certain defendant |
| 10/28/2024 | RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7797 48. |
| 10/11/2024 | MAILED surety bond to Martin F. Trainor, USPS certified mail tracking no.9589 0710 5270 0579 7797 48. |
| 10/10/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion to Release Bond [93] is granted. The two hundred and seventeen thousand dollar ($217,000.00) surety bond posted by Plaintiff is hereby released to Martin F. Trainor of TME Law, P.C. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Martin F. Trainor of TME Law, P.C., 10 S. Riverside Plaza, Suite 875, Chicago, IL 60606 via certified mail. Mailed notice |
| 10/10/2024 | MOTION by Plaintiff Microsoft Corporation to Release Bond |
| 10/01/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Pursuant to the Stipulation of Dismissal [91] and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case is hereby dismissed with prejudice as to the following Defendants: Beaustar, dearlovey, getnamenecklace, myinfinitys, and roseinside. Each party shall bear its own attorney's fees and costs. All pending deadlines, motions, and hearings are stricken. Civil case terminated. Mailed notice |
| 09/30/2024 | STIPULATION of Dismissal as to a certain defendant |
| 09/27/2024 | FULL SATISFACTION of Judgment as to a certain defendant |
| 09/10/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff Microsoft Corporation and Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, and roseinside's motion to stay [88] is granted. All deadlines in this case are stayed until 10/9/2024 to allow the parties to finalize the settlement. The parties shall file a stipulation to dismiss by 10/9/2024. Tracking status set for 10/17/2024 at 9:15 a.m. by telephone. Mailed notice. |
| 09/09/2024 | MOTION by Plaintiff Microsoft Corporation to stay (Agreed Motion) |
| 09/05/2024 | AGREED CONFIDENTIALITY ORDER Signed by the Honorable Sunil R. Harjani on 9/5/2024. Mailed notice |
| 09/05/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Pursuant to the Joint Stipulation [85], the Court enters the Agreed Confidentiality Order. Mailed notice |
| 09/03/2024 | STIPULATION to Enter a Protective Order Between Plaintiff and Beaustar Defendants |
| 08/28/2024 | AMENDED ANSWER to Complaint by Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside |
| 08/26/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Unopposed Motion to Extend the Deadline to File a Response to Defendants' Motion to Modify the Asset Restraint [82] is granted. Plaintiff's Response to Defendants' Motion to Modify the Asset Restraint is now due by 9/17/2024. Defendants may reply by 9/24/2024. Mailed notice |
| 08/26/2024 | MOTION by Plaintiff Microsoft Corporation for extension of time to file response/reply |
| 08/23/2024 | FULL SATISFACTION of Judgment as to a certain defendant |
| 08/16/2024 | FULL SATISFACTION of Judgment as to certain Defendants |
| 08/13/2024 | ANSWER to Complaint by Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside |
| 08/09/2024 | FULL SATISFACTION of Judgment |
| 08/06/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Unopposed Motion to Extend the Deadline to File a Response to Defendants' Motion to Modify the Asset Restraint [76] is granted. Plaintiff's Response to Defendants' Motion to Modify the Asset Restraint is now due by 9/3/2024. Defendants may reply by 9/10/2024. Mailed notice |
| 08/06/2024 | MOTION by Plaintiff Microsoft Corporation for extension of time to file response/reply |
| 08/06/2024 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 8/6/2024. Mailed notice |
| 08/06/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [58] 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 marks 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. Plaintiff has also certified and established [71] that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 8/13/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter separate Final Judgment Order against Defaulting Defendants. Mailed notice |
| 08/06/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [58] 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 marks 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. Plaintiff has also certified and established [71] that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 8/13/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter separate Final Judgment Order against Defaulting Defendants. Mailed notice |
| 08/05/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to a certain defendant |
| 07/30/2024 | CERTIFICATE of Service by Alexander Whang on behalf of Microsoft Corporation 附件： 1:Exhibit A |
| 07/29/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [58] for entry of default and default judgment against all remaining defendants, with the exception of Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. The following order does not apply to Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside, Potota, and TQTYOY. 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 8/5/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/5/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 8/13/2024 at 9:15 a.m. Telephone status hearing set for 8/6/2024 is stricken. Mailed notice |
| 07/26/2024 | STIPULATION of Dismissal |
| 07/26/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 07/25/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, and roseinside's Second Unopposed Motion for Extension [65] is granted. These defendants shall answer or otherwise plead by 8/13/2024. Mailed notice |
| 07/25/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Motion to appear pro hac vice by Attorney Ronghua Guan for Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside [64] is granted. Mailed notice |
| 07/25/2024 | MOTION by Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside for extension of time to file a response to the complaint |
| 07/25/2024 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22285719. |
| 07/25/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Motion to Withdraw Counsel [62] is granted. Christopher Keleher and Lan Li are terminated as counsel for Defendants dearlovey, getnamenecklace, myinfinitys, roseinside, and Beaustar. Mailed notice |
| 07/24/2024 | MOTION by Attorney Christopher Keleher and Lan Li to withdraw as attorney for Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside. No party information provided |
| 07/24/2024 | STATUS Report by Microsoft Corporation 附件： 1:Exhibit A |
| 07/24/2024 | DECLARATION of Martin F. Trainor regarding memorandum in support of motion[59] 附件： 1:Exhibit 1 |
| 07/24/2024 | MEMORANDUM by Microsoft Corporation in support of motion for entry of default, motion for default judgment, [58] 附件： 1:Exhibit 1 |
| 07/24/2024 | MOTION by Plaintiff Microsoft Corporation for entry of default, MOTION by Plaintiff Microsoft Corporation for default judgment as to all Defendants with the Exception of Certain Defendants 附件： 1:Exhibit 2 2:Exhibit A |
| 07/24/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 07/24/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Unopposed Motion to Extend [55] is granted. Plaintiff's Response to Defendants' Motion to Modify the Asset Restraint is now due by 8/12/2024. Defendants may reply by 8/19/2024. Mailed notice |
| 07/23/2024 | MOTION by Plaintiff Microsoft Corporation for extension of time to file response/reply |
| 07/22/2024 | STIPULATION of Dismissal |
| 07/22/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 07/18/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the Stipulation Regarding Asset Restraint [51] for Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, and roseinside which advises that the parties are engaged in negotiations to resolve the matter. Defendants' motion to modify the asset restraint [50] remains pending. If the parties are unable to resolve the issue, the motion shall be briefed as follows: plaintiff's response brief is due by 7/29/2024 and defendants may reply by 8/5/2024. Mailed notice |
| 07/18/2024 | STIPULATION Regarding Asset Restraint For Certain Defendants |
| 07/16/2024 | MOTION by Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside TO MODIFY THE ASSET RESTRAINT 附件： 1:Exhibit Store owner declaration 2:Exhibit Sales data |
| 07/12/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 07/05/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 06/28/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 06/26/2024 | ANSWER to Complaint by Potota, TQTYOY |
| 06/26/2024 | ANSWER to Complaint with Jury Demand by Phogary US |
| 06/26/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Agreed first motion for extension of time to answer or otherwise plead [42] is granted to and including 7/16/2024. Mailed notice |
| 06/25/2024 | ATTORNEY Appearance for Plaintiffs dearlovey, getnamenecklace, myinfinitys, roseinside, Beaustar by Lan Li |
| 06/25/2024 | MOTION by Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside for extension of time to file answer regarding complaint[1] AGREED |
| 06/25/2024 | ATTORNEY Appearance for Defendants Beaustar, dearlovey, getnamenecklace, myinfinitys, roseinside by Christopher Paul Keleher |
| 06/23/2024 | ATTORNEY Appearance for Defendant Phogary US by Haipeng Xiao |
| 06/21/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 06/18/2024 | NEW PARTIES: A2ZOY57QANOOHG, A1NWO2KZVP1OSH, A1Q6A40FALIF1P, A1O9042AWEZO14, A3K6AFWROPDDD5, chuslarosdianadewi, dynablocks, prasetyo, purplecrystal2008, suwantiwidyasari90, abctoyshop, aboluotoys, animedwarf, anwhxt, bazbe, Beaustar, blackdop, block of light, carnuoc arnuoc, carnuoc kauocsi, casemighty, casevoge, CostumesMascot, dearlovey, EZcosplay, fadcoco, fanrek, fortysixcase, geekpark, getnamenecklace, giftcartoon, gifury, hallowitch, ilybag, Lofaris, Mayoulove, milcasestore, moonwalkbaby, myinfinitys, outfitgiftshop, phonecasewiz, Pinkfad, prefaceart, Printitize, roseinside, teeviews, The Toddler Kids, uhoodie, valucase, yornprints, ALPS Watches, LUX TOY, RETON Learning Supplies Store and shenlanshumakejiyouxian Co.ltd added to case caption. |
| 06/18/2024 | NEW PARTIES: AnXi Zoarium, ChaoV Direct, DMai, Ernesqi-Home, HOMEPOOL, jing yang maoyi, Orangeocean Outlets, WFBDAG, Ai Jia, Alaxciax, Angeer-US, Animation products on sale, Aoxiyue, bairunshenghuoyongpinshanghang, BEST-CUSTOM, BiQingShangMao, BUSTORE, Caogeloubaihuodian, ChaiSangQuXiangYunFeiBaiHuoDian, ChenSiYuan8, cheyekui, chunyujingchunjingutian, coolminecra blanket, craftcomicblanket, DAXIRPI, ddfdmmyyyy, Deals and Bargains Galore, dehuaxianyangfeishengbaihuoshanghang, Dengzhenye, Designruler, Digabi, Dincook, DOFAFA, DONGPONG US, Esseyiyo-us, FennSuin, Festival Decoration Decrit, Fewlight, forshe201, FoRunNe, Gaffey TOY, Game Backpacks Store, GaoWeiKOPNMVF, Gerbana, GROUP DMR, guizhoutangquanxishangmaoyouxiangongsi, Hangzhou Xinde Handicraft Co., Ltd., HAOchu, haoyule231, hefeijingtongxiandianzishangwuyouxiangongsi, hefeitanliansongdianzishangwuyouxiangongsi, HeMingFu, HOOLLEE, HUANGBAO, huayunju, hubeishengkongrenkejiyouxiangongsi, HUXXin, Jieqingtaozhuang, jinanyeting9oo9, Jincrist, jinxingjiagongdian, Jiuxi Direct, jodyzuiqozw, Jonking, JSWDDP, kangzhenhao8451, Kolewo4ever, kunminglijiahengshangmao, KuuJee, laijiandianzishangwushanghang, laohekoushihuimengliandianzishangwugongzuoshi, laohekoushishichigedianzishangwugongzuoshi, LEEPENK Allprettyall US, Litingtingyu, LiYingBin1976, LSXYJ-US, luotianyong, MaoNe, Martin Sandoval, meikenazihalimulati, Michelle Carpenter, Molandra, mong us, MoSiMin, MPARTY, MWPARTY, MWPARTY2, N2w0e3nDXEX0c1e2C, nanwangchongka, Nifeel, NsParty Supplies US, Orsay trade, OuBao Shop, OUR Directly, OURS Directly, OVITTAC Directly, OYSTERBOY, PaoBeiShangMao, Party Stickers, Phogary US, pinlaguadianzikejiyouxiangongsi, PIVOTHOUSING, Popuparty, PSKDJD, Qevxe Toy, Qneng151133BmanS, ranqixing01, Runyee Ltd., SAYBZ Store, SEBAIHUI, shizishangmaoshanghang, ShuanQ, ShunJiankeji, Shythis, Song Voice, songtang, Sunshine Style Store, Swim upstream, tanconghuidexiaodian, taoyanjishop, TGEYW-US, The Heart of Gratitude, Tingqiongwei Ke Ji You Xian Gong Si, tongshanxianjierunbaihuoyingyebu, TretarUS, twochildren, TYULI, Vocado US, wang128083jia041012xue, WenGuoQiang0911, wenxinyiqd, wuyan45, wuzhishanshizhangxiekejiyouxiangongsi, Xariy, xibintedi, xushuaipingshangmaojingyingbu, yanbodianzi, YCUIC, yibaobao, Yongchun County Mennan Network Trading Firm, yongchunjinxingjiagongdian, yongyuandali, YuanZhouQuYiXiaoBaiHuoDian, yuwangdz, ZDAQUWN, ZhengHaoWangLDouKeYun, zhoukongpinUS, ZIPEN and ZXJkeng027350 added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A |
| 06/14/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 06/11/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 6/11/2024. Mailed notice |
| 06/11/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [30] 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 counterfeit goods. Plaintiff has also certified and established [34] 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 6/12/2024 is stricken. Summons were issued on 5/17/2024, and Defendants' responses to the complaint are due by 6/26/2024. Plaintiff should file any motion for entry of default and default judgment by 7/24/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 8/6/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 06/10/2024 | ATTORNEY Appearance for Defendants Potota, TQTYOY by Benjamin Solter |
| 06/07/2024 | CERTIFICATE of Service by Alexander Whang on behalf of Microsoft Corporation 附件： 1:Exhibit A |
| 06/07/2024 | NOTICE of Voluntary Dismissal by Microsoft Corporation as to certain Defendants |
| 06/06/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [30] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 6/10/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 6/10/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. Telephone status hearing set for 6/12/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice |
| 06/05/2024 | MEMORANDUM by Microsoft Corporation in support of motion for preliminary injunction[30] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
| 06/05/2024 | MOTION by Plaintiff Microsoft Corporation for preliminary injunction 附件： 1:Exhibit 1 2:Exhibit A |
| 06/05/2024 | SUMMONS Returned Executed by Microsoft Corporation as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 6/5/2024, answer due 6/26/2024. 附件： 1:Declaration of Alexander Whang 2:Exhibit A |
| 05/22/2024 | INJUNCTION BOND in the amount of $217,000.00 posted by Microsoft Corporation. (Document not scanned). |
| 05/23/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [25] is granted. For the reasons stated in Plaintiff's Memorandum [26], the Court finds good cause to extend the temporary restraining order an additional 14 days to 6/12/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 6/5/2024. Telephone status hearing set for 5/29/2024 is stricken and reset to 6/12/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 05/22/2024 | MEMORANDUM by Microsoft Corporation in support of motion for miscellaneous relief[25] 附件： 1:Declaration of Martin F. Trainor |
| 05/22/2024 | MOTION by Plaintiff Microsoft Corporation to Extend the Temporary Restraining Order |
| 05/17/2024 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 05/16/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 5/22/2024 at 9:15 a.m. is stricken. Mailed notice |
| 05/15/2024 | SEALED TEMPORARY RESTRAINING 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: Plaintiff has filed a Memorandum [19] establishing joinder as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 217 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's motion for leave to file certain documents under seal [3], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [12], and motion for electronic service of process [16] are granted. 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 at 4:30 p.m. on 5/15/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/22/2024. Telephone status hearing is set for 5/29/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 05/15/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Attorney Richard Poskozim's Motion to Withdraw as Counsel [20] is granted. Attorney Richard Poskozim is terminated as counsel for Plaintiff Microsoft Corporation. Mailed notice |
| 05/14/2024 | MOTION by Attorney Richard Poskozim to withdraw as attorney for Microsoft Corporation. No party information provided |
| 05/08/2024 | MEMORANDUM establishing that joinder is proper 附件： 1:Exhibit 1 2:Declaration of Martin F. Trainor |
| 05/01/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for temporary restraining order [12] and plaintiff's motion for electronic service of process [16] are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 215 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 5/8/2024, 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. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 5/22/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 04/30/2024 | MEMORANDUM by Microsoft Corporation in support of motion for miscellaneous relief[16] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 to Declaration |
| 04/30/2024 | MOTION by Plaintiff Microsoft Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 04/30/2024 | SEALED EXHIBIT by Plaintiff Microsoft Corporation regarding declaration[14] |
| 04/30/2024 | DECLARATION of Paul Varley regarding memorandum in support of motion[13] 附件： 1:Exhibit 1 |
| 04/30/2024 | MEMORANDUM by Microsoft Corporation in support of motion for miscellaneous relief, [12] 附件： 1:Declaration of Martin F. Trainor 2:Exhibit 1 to Declaration |
| 04/30/2024 | MOTION by Plaintiff Microsoft Corporation for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 附件： 1:Text of Proposed Order |
| 04/23/2024 | MINUTE entry before the Honorable Sunil R. Harjani: This case has been assigned to the calendar of Judge Sunil R. Harjani. Plaintiff shall use the form proposed orders linked to this minute entry on the docket to assist the Court in reviewing any motions for: (1) temporary restraining order; (2) preliminary injunction; and (3) default judgments. Plaintiff shall create a redline comparison of its proposed order against the relevant form. The redline comparison shall be attached as an exhibit to the motion and submitted with the proposed order to the Court's proposed order email box. A proposed order's conformity with the form does not imply that the associated motion will be granted. Plaintiff should explain any differences between its proposed orders and the form proposed orders in any comment box. To the extent that Plaintiff submits a Motion for a Temporary Restraining Order, counsel should also be aware that Judge Harjani will presumptively require a bond of $1,000 per defendant. Plaintiff should inform the Court of any circumstances that make such a bond inappropriate. Mailed notice 附件： 1:Form of Proposed Temporary Restraining Order 2:Form of Proposed Preliminary Injunction 3:Form of Proposed Default Judgment |
| 04/23/2024 | 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. |
| 04/23/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). |
| 04/23/2024 | ATTORNEY Appearance for Plaintiff Microsoft Corporation by Alexander Whang |
| 04/23/2024 | ATTORNEY Appearance for Plaintiff Microsoft Corporation by Sydney Paige Fenton |
| 04/23/2024 | ATTORNEY Appearance for Plaintiff Microsoft Corporation by Richard M. Poskozim |
| 04/23/2024 | ATTORNEY Appearance for Plaintiff Microsoft Corporation by Martin Francis Trainor |
| 04/23/2024 | Notice of Claims Involving Trademarks by Microsoft Corporation |
| 04/23/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Microsoft Corporation |
| 04/23/2024 | CIVIL Cover Sheet |
| 04/23/2024 | MOTION by Plaintiff Microsoft Corporation for Leave to File Certain Documents Under Seal |
| 04/23/2024 | SEALED EXHIBIT by Plaintiff Microsoft Corporation Schedule A regarding complaint[1] |
| 04/23/2024 | COMPLAINT filed by Microsoft Corporation; Filing fee $ 405, receipt number AILNDC-21886966. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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