最近更新：2024-12-25
2020-cv-04196
| 日期 | 描述 |
|---|---|
| 08/13/2024 | SATISFACTION of Judgment as to defendant no. 129 Liuweihao888 |
| 05/08/2023 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 202 SPLY DTEM and defendant no. 262 YAPOLO |
| 05/02/2023 | SATISFACTION of Judgment as to defendant no. 166 PartLand |
| 04/18/2023 | SATISFACTION of Judgment as to defendant no. 162 OBDDIY |
| 03/26/2023 | ORDER ON DEFENDANT PARTLAND'S MOTION TO VACATE signed by the Honorable Matthew F. Kennelly on 3/26/2023: For the reasons stated in the accompanying Order, the Court grants Wham-O's motion to strike 78. The motion to vacate filed by or o n behalf of PartLand is stricken, without prejudice 106. The Court has included the "without prejudice" language because it cannot rule out the possibility that PartLand could submit a renewed motion that addresses the issues and deficiencies in its current submission. The telephonic status hearing set for 3/28/2023 is vacated. |
| 03/24/2023 | REPLY by INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to strike MOTION by Defendant Partland to vacate order, terminate hearings, set/reset hearings, [42] [78] [106], response in opposition to motion, [111] 附件： 1:Exhibit 1 |
| 03/22/2023 | MINUTE entry before the Honorable Matthew F. Kennelly: If plaintiff wishes to file a reply to the response to plaintiff's motion to strike, it must do so by 3/24/2023. |
| 03/21/2023 | RESPONSE by Partlandin Opposition to MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to strike MOTION by Defendant Partland to vacate order, terminate hearings, set/reset hearings, [42] [78] [106] 附件： 1:Exhibit A |
| 03/18/2023 | MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 3/21/2023 is vacated and reset to 3/28/2023 at 9:30 AM, using call-in number 888-684-8852, access code 746-1053. |
| 03/18/2023 | MINUTE entry before the Honorable Matthew F. Kennelly: A party that identified itself as PartLand filed a motion to vacate the default judgment entered against it (and others) by the Court. An affidavit in support of the motion by an individual named Chen Kai--the only factual materials submitted in support of the motion--rather vaguely identifies him as "a manager supervising the operations of the Amazon store PartLand" and says that "I have access and control of the store." The Court notes, in retrospect, that on its face the affidavit does not identify any basis authorizing the affiant to act or speak on behalf of the entity that was sued. The Court permitted plaintiff to conduct jurisdictional discovery before responding to the motion. On the scheduled date for its response, plaintiff filed a response to the motion as well as a motion to strike. Both of these documents identified the defendant as a Chinese entity called Jinan Tianxuan Furniture Co., Ltd. (JTF). In the motion to strike and supporting memorandum, plaintiff contends that JTF was officially closed by the government of China. Plaintiff also contends that Chen Kai admitted during his deposition that in seeking to vacate the default judgment he acted without authorization from JTF and that his only relationship with the entity was an agreement to be paid on commission. (There are other contentions as well, but this is enough for illustrative purposes.) In sum, plaintiff contends that the motion was not actually filed by or properly on behalf of the entity that was sued. Yesterday PartLand/JTF filed its reply on the motion to vacate. It did not acknowledge, let alone address, the points made by plaintiff in the motion to strike. It's hard to imagine why it did not do so--it had plenty of time to address these points. Furthermore, the motion to vacate and supporting materials on their face give rise to, at a minimum, serious doubt regarding whether the motion has been made by the real party in interest. Movant PartLand/JTF is ordered to show cause in writing why its motion to vacate should not be stricken; it is given until 3/21/2023, and no more, to file a submission addressing the points in the motion to strike. |
| 03/17/2023 | REPLY by Partland to response in opposition to motion, [105] 附件： 1:Errata Unreported Opinions |
| 03/08/2023 | MEMORANDUM by INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. in support of motion to strike[106] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 |
| 03/08/2023 | MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to strike MOTION by Defendant Partland to vacate order, terminate hearings, set/reset hearings, [42] [78] |
| 03/08/2023 | RESPONSE by INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD.in Opposition to MOTION by Defendant Partland to vacate order, terminate hearings, set/reset hearings, [42] [78] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
| 02/22/2023 | MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic status hearing set for 3/2/2023 has been vacated and replaced with a new date. |
| 02/22/2023 | MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 3/2/2023 is vacated and reset to 3/21/2023 at 9:00 AM, using call-in number 888-684-8852, access code 746-1053. |
| 01/11/2023 | MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion to extend discovery deadline [101] is granted. The new deadline is 2/23/2023. This is the final extension. Response to motion to vacate judgment--which the Court notes was filed on 8/15/2023--is due on 3/8/2023; reply deadline is 3/17/2023. None of these deadlines will be extended again for any reason. The previously set status hearing and status report deadlines are vacated. |
| 01/09/2023 | MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. for extension of time JOINT MOTION to Extend Discovery |
| 12/21/2022 | CITATION to Discover Assets issued as to Amazon.com, Inc. (Third Party) (No notice). |
| 12/09/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion to extend discovery [98] is granted; the deadline for completing jurisdictional discovery with respect to defendant Partland is extended to 1/9/2023. The telephonic status hearing set for 12/22/2022 is vacated and reset to 1/27/2023 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A joint status report is to be filed on 1/20/2023. |
| 12/08/2022 | MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. for extension of time JOINT MOTION to Extend Discovery |
| 11/29/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 11/29/2022. Oral ruling made on the defendant Excursion's motion to vacate. Defendant's motion to vacate [89] is denied as to the reasons stated more fully on the record. Mailed notice. |
| 11/18/2022 | REPLY by Defendant Excursion to response in opposition to motion[95] (Exhibits) |
| 11/11/2022 | RESPONSE by INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD.in Opposition to MOTION to vacate[89] 附件： 1:Exhibit 1 |
| 11/04/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to stay and conduct jurisdictional discovery [93] with respect to the motion by defendant Excursion to vacate the default judgment is denied without prejudice. The motion to vacate does not appear to the Court to assert arguments for vacating the judgment that require discovery. Plaintiffs may renew their request, if they wish, within the context of their response to the motion to vacate. |
| 11/03/2022 | MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to stay regarding MOTION to vacate[89], MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. for discovery for leave to conduct jurisdictional discovery 附件： 1:Exhibit 1 |
| 11/03/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion for extension of discovery deadline as to claims against defendant Partland [91] is granted; the deadline for completing such discovery is extended to 12/8/2022. The telephonic status hearing set for 11/7/2022 is vacated and reset to 12/22/2022 at 9:05 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. |
| 10/31/2022 | MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. for extension of time Joint Motion to Extend Discovery |
| 10/27/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendant "Excursion" to vacate default [89] judgment is taken under advisement. Plaintiff is directed to file a response to the motion by 11/14/2022; defendant Excursion is directed to file a reply to the response by 11/21/2022. Telephonic motion hearing, unless deemed unnecessary by the Court, is set for 11/29/2022 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. |
| 10/25/2022 | MOTION to Vacate Default Judgment Order (Exhibits) |
| 09/15/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing set for 9/19/2022 is vacated. |
| 09/15/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing set for 9/19/2022 is vacated because it has been superseded by later orders. The next status hearing is on 11/7/2022 as ordered. |
| 08/29/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/29/2022. Plaintiff's motion for jurisdictional discovery [80] is granted subject to further objections regarding scope. Jurisdictional discovery is to be completed by 10/31/2022. A telephonic status hearing is set for 11/7/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 08/25/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Defendant OBDDIY's motion to vacate the default judgment is withdrawn. |
| 08/24/2022 | MOTION by Defendant OBDDIY to withdraw motion to vacate/set aside/correct sentence (2255)[69] 附件： 1:Exhibit 1 |
| 08/24/2022 | RESPONSE by Partlandin Opposition to MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to stay regarding MOTION by Defendant Partland to vacate order, terminate hearings, set/reset hearings, [42] [78] MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. for discovery for leave to conduct jurisdictional discovery[80] 附件： 1:Errata Unreported Opinions |
| 08/21/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to conduct jurisdictional discovery [80] is to be filed by 8/25/2022. Telephonic hearing, unless deemed unnecessary by the Court, is set for 8/29/2022 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. |
| 08/21/2022 | SATISFACTION of Judgment |
| 08/17/2022 | MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to stay regarding MOTION by Defendant Partland to vacate order, terminate hearings, set/reset hearings, [42] [78], MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. for discovery for leave to conduct jurisdictional discovery 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 08/16/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff is directed to file a response by defendant Partland's motion to vacate judgment [78] by 9/6/2022; Partland is directed to file a reply to the response by 9/13/2022. Motion is set for hearing (unless deemed unnecessary by the Court) and ruling on 9/19/2022 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. |
| 08/15/2022 | MOTION by Defendant Partland to vacate order, terminate hearings, set/reset hearings, [42] 附件： 1:Declaration of Chen Kai 2:Errata Unreported Opinions |
| 08/15/2022 | ATTORNEY Appearance for Defendant Partland by Brian Swift |
| 08/12/2022 | ATTORNEY Appearance for Defendant Partland by Adam Edward Urbanczyk |
| 07/25/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 7/25/2022. Plaintiffs' motion for leave to conduct jurisdictional discovery [72] is granted to the following extent, the discovery must be focused on the question of jurisdiction for the period leading up to the filing of the lawsuit. That discovery is to be completed by 9/12/2022. A telephonic status hearing is set for 9/19/2022 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
| 07/21/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to conduct jurisdictional discovery [72] is set for a telephonic hearing on 7/25/2022 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. |
| 07/21/2022 | ATTORNEY Appearance for Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. by Adam Grodman |
| 07/20/2022 | MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. to stay regarding MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by OBDDIY [69], MOTION by Plaintiffs INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. for discovery for leave to conduct jurisdictional discovery 附件： 1:Exhibit 1 |
| 07/17/2022 | MINUTE entry before the Honorable Matthew F. Kennelly: Defendant OBDDIY has filed a motion to vacate the default judgment entered against it. Plaintiff is directed to file a response to the motion by 8/8/2022, and defendant is directed to file a reply to the response by 8/22/2022. A telephonic status (and potentially motion) hearing is set for 9/1/2022 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. |
| 07/16/2022 | MEMORANDUM by OBDDIY in support of motion to vacate/set aside/correct sentence (2255)[69] 附件： 1:Declaration Gang Chen 2:Exhibit A 3:Exhibit B 4:Exhibit C 5:Exhibit D 6:Exhibit E |
| 07/16/2022 | MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by OBDDIY |
| 07/16/2022 | ATTORNEY Appearance for Defendant OBDDIY by Zheng Gong |
| 06/17/2022 | SATISFACTION of Judgment |
| 02/21/2022 | SATISFACTION of Judgment |
| 02/06/2022 | SATISFACTION of Judgment |
| 01/17/2022 | SATISFACTION of Judgment |
| 12/06/2021 | SATISFACTION of Judgment |
| 11/02/2021 | SATISFACTION of Judgment |
| 10/26/2021 | SATISFACTION of Judgment |
| 10/25/2021 | SATISFACTION of Judgment |
| 10/18/2021 | SATISFACTION of Judgment |
| 10/12/2021 | SATISFACTION of Judgment |
| 03/24/2021 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 12/21/2020 | MINUTE entry before the Honorable Matthew F. Kennelly: All remaining defendants having been dismissed, the clerk is directed to terminate this case. Any hearing before this Court is stricken. Civil case terminated. Mailed notice. |
| 12/19/2020 | MINUTE entry before the Honorable Matthew F. Kennelly: Because all of the defendants who moved to dismiss for lack of jurisdiction (defendants Dissylove, Settlede, Tomoyou, Taimot, and Jingolden) have since been voluntarily dismissed by plaintiff, the motion to dismiss 30 is terminated as moot. |
| 12/14/2020 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 12/14/2020 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 11/12/2020 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/12/2020. Pursuant to the notice of voluntary dismissal 51, defendants dissylove and jingolden are dismissed without prejudice. A telephonic status hearing is set for 12/21/2020 at 9:20 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. |
| 11/09/2020 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 11/05/2020 | MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed plaintiff's status report [49] and apologizes for its error regarding the call-in number to be used for the 11/4/2020 hearing. The order to show cause issued on 11/4/2020 is hereby vacated. |
| 11/04/2020 | STATUS Report by INTERSPORT CORP. d/b/a WHAM-O, WHAM-O HOLDING, LTD. |
| 11/04/2020 | MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/4/2020. Plaintiff's attorney fails to appear. Plaintiff is ordered to show cause why the case should not be dismissed for want of prosecution. A telephonic status hearing is set for 11/12/2020 at 9:15 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Plaintiff's attorney is ordered to appear, or the case will be dismissed. Mailed notice. |
| 11/02/2020 | NOTICE of Voluntary Dismissal by All Plaintiffs |
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