最近更新：2025-02-25
2024-cv-03759
| 日期 | 描述 |
|---|---|
| 01/14/2025 | MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held 1/14/2025. Argument heard on Plaintiff's motion to sever Defendant #19 (Shinny Mermaid). The motion is taken under advisement. Mailed notice. |
| 01/12/2025 | Notice of Withdrawal by FCA US LLC of Motion 32 as to Defendant Shinny Mermaid |
| 12/27/2024 | 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
| 11/18/2024 | MINUTE entry before the Honorable John F. Kness: In view of the numerous motions that are under advisement, the status hearing set for 11/20/2024 is reset to 1/14/2025 at 9:30 A.M. The parties are to use the following call-in number: 1-855-244-8681, Access Code: 2315 003 3696. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 11/12/2024 | CERTIFIED copy of order dated 11/12/2024 from the USCA for the 7th District regarding notice of appeal 48 ; Appellate case no. : 24-2506; Upon consideration of the AGREED MOTION AND STIPULATION TO DISMISS APPEAL, filed on November 8, 2024, by counsel for the parties, IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). |
| 11/12/2024 | MANDATE of USCA dated 11/12/2024 regarding notice of appeal 48 ;USCA No.24-2506 ; No record to be returned. |
| 11/06/2024 | MINUTE entry before the Honorable John F. Kness: In-person motion hearing held 11/6/2024. Oral argument heard. For the reasons stated on the record, the Temporary Restraining Order is vacated as to Defendant No. 19, Shinny Mermaid. Defendant's motion to dismiss [51] and Plaintiff's motion for leave to sever Defendant No. 19 [58] are taken under advisement. A telephonic status is set for 11/20/2024 at 9:30 A.M. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice. |
| 11/05/2024 | ATTORNEY Appearance for Defendant Shinny Mermaid by Christopher Paul Keleher |
| 10/18/2024 | MINUTE entry before the Honorable John F. Kness: To accommodate a change in the Court's schedule, the in-person motion hearing set for 10/23/2024 is reset to 11/6/2024 at 10:00 A.M. Mailed notice. |
| 10/03/2024 | REPLY by Plaintiff FCA US LLC to response in opposition to motion 67 附件： 1:(Declaration of Berel Y. Lakovitsky) |
| 09/30/2024 | REPLY by Plaintiff FCA US LLC to Defendant's Opposition 64 to Plaintiff's Motion to Compel 51 附件： 1:(Exhibit 1) |
| 09/26/2024 | CERTIFICATE of Service by Plaintiff FCA US LLC regarding order on motion for entry of default, order on motion for default judgment, text entry, 72 附件： 1:(Exhibit A) |
| 09/26/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 68 for entry of default and default judgment against all Defendants except Shinny Mermaid. All remaining Defendants (except Shinny Mermaid) have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business days of service being effected. Plaintiff's request for default judgment is entered and continued and will not be resolved so long as at least one other Defendant has appeared and is participating in the case. That decision is based on at least two reasons: first, Plaintiff has not addressed Rule 54(b), which provides that "when multiple parties are involved, the court may direct entry of a final judgment as to one or more, but fewer than all, claims or parties only if the court expressly determines that there is no just reason for delay." See Muskegan Hotels, LLC v. Patel, 986 F.3d 692, 696-97 (7th Cir. 2021). Second, it is doubtful that Plaintiff could meet the standard of Rule 54(b) even if it had addressed that provision. Joinder of multiple Defendants in so-called "Schedule A" cases is premised on those entities being "interrelated" (Dkt. 1 at 18) and the "interworking of their counterfeiting operation." (Id. at 2.) Where claims are factually and legally intertwined, as they are here by Plaintiff's own assertions, entry of a partial final judgment is not warranted. See Peerless Network, Inc. v. MCI Commc'ns Servs., Inc., 917 F.3d 538, 543 (7th Cir. 2019) (district court erred by entering partial final judgment on claims that were "factually and legally intertwined" with still-pending claims). It is true that Plaintiff seeks to have Defendant Shinny Mermaid severed (see Dkt. 58), and if that happens, entry of a final judgment might then be warranted. But the motion to sever remains pending and will be addressed at a hearing set for 10/23/2024. Whether the motion to sever has merit has thus not yet been assessed. In any event, Plaintiff persists in its view that the joinder of all Defendants here was and remains proper (see Dkt. 58 at 1), which serves only to reinforce the Court's view that partial final judgment is not warranted. See Peerless Network, 917 F.3d at 543. Schedule A plaintiffs and the Schedule A bar have chosen the approach of persuading judges in this District, including this judge, to join large numbers of Defendants in single cases based on assertions of interrelated and coordinated activity; they must live with the consequences of that approach, even when those consequences become less favorable as the litigation goals of plaintiffs and counsel evolve from victory on the merits to collecting on a final judgment. Plaintiff must therefore either wait for the case to play out in full to obtain its requested judgment or find another way to resolve its dispute with Shinny Mermaid. Mailed notice. |
| 09/26/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants |
| 09/23/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 69 附件： 1:(Exhibit 1) |
| 09/23/2024 | MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment 68 附件： 1:(Exhibit 1) |
| 09/23/2024 | MOTION by Plaintiff FCA US LLC for entry of default, MOTION by Plaintiff FCA US LLC for default judgment as to all Defendants with the exception of a certain Defendant 附件： 1:(Exhibit A) |
| 09/19/2024 | RESPONSE by Shinny Mermaidin Opposition to MOTION by Plaintiff FCA US LLC to Stay Briefing Schedule in Order 47 and for Leave to Server Defendant No. 19 and to file an Amended Complaint (Opposed) 58 |
| 09/19/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants |
| 09/17/2024 | REPLY by Defendant Shinny Mermaid to motion to dismiss[43] |
| 09/16/2024 | MEMORANDUM by Shinny Mermaid in Opposition to motion to compel[51] |
| 09/05/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendant |
| 09/04/2024 | MINUTE entry before the Honorable John F. Kness: Defendant usbestautoparts' motion for extension of time [50] is granted. An in-person motion hearing on the pending motions relating to Plaintiff and Defendant 19 "Shinny Mermaid" is set for 10/23/2024 at 9:30 A.M. in Courtroom 2125. Mailed notice. |
| 08/30/2024 | ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 48 ; USCA Case No. 24-2506. |
| 08/29/2024 | STATEMENT by FCA US LLC regarding Briefing Schedule of Plaintiff's Motion to Stay Briefing Schedule in Order [47] and for Leave to Server Defendant No. 19 and to file an Amended Complaint (Opposed) |
| 08/29/2024 | DECLARATION of Berel Y. Lakovitsky regarding motion for miscellaneous relief[58] 附件： 1:Exhibit 1 |
| 08/29/2024 | MOTION by Plaintiff FCA US LLC to Stay Briefing Schedule in Order [47] and for Leave to Server Defendant No. 19 and to file an Amended Complaint (Opposed) |
| 08/29/2024 | TRANSMITTED to the 7th Circuit the short record on notice of appeal [48]. Notified counsel. (jn,) |
| 08/29/2024 | NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal [48]. (jn,) |
| 08/23/2024 | STATEMENT by FCA US LLC Regarding Briefing Schedule of Plaintiff's Opposed Motion To Compel 51 |
| 08/23/2024 | DECLARATION of Berel Y. Lakovitsky regarding reply 53 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:Exhibit 8 9:Exhibit 9 10:(Exhibit 10) |
| 08/23/2024 | REPLY by Plaintiff FCA US LLC to memorandum in opposition to motion 39 |
| 08/23/2024 | DECLARATION of Berel Y. Lakovitsky regarding motion to compel 51 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:(Exhibit 6) |
| 08/23/2024 | MOTION by Plaintiff FCA US LLC to compel Defendant Shinny mermaid |
| 08/23/2024 | MOTION by Defendant usbestautoparts for extension of time to file answer regarding complaint 1 (UNKNOWN IF OPPOSED) |
| 08/22/2024 | ATTORNEY Appearance for Defendant usbestautoparts by Christopher Paul Keleher |
| 08/21/2024 | NOTICE of appeal by Shinny Mermaid regarding orders [35] Filing fee $ 605, receipt number AILNDC-22390181. Receipt number: n 附件： 1:Exhibit A - July 22, 2024 Order (Dkt. 35) |
| 08/20/2024 | MINUTE entry before the Honorable John F. Kness: The Court set the following briefing schedule on Defendant Shinny Mermaid's motion to dismiss [43] : Plaintiff's response is due 9/3/2024. Defendant's reply, if any, is due 9/17/2024. Mailed notice. |
| 08/15/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants |
| 08/08/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants |
| 08/05/2024 | MEMORANDUM by Shinny Mermaid in support of motion to dismiss[43] |
| 08/05/2024 | MOTION by Defendant Shinny Mermaid to dismiss the complaint |
| 08/01/2024 | SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/1/2024, answer due 8/22/2024. 附件： 1:Declaration of Berel Y. Lakovitsky 2:Exhibit A |
| 07/26/2024 | DECLARATION of Mark Berkowitz regarding memorandum in opposition to motion[39] 附件： 1:Exhibit 1 |
| 07/26/2024 | DECLARATION of Jing Jie Xu regarding memorandum in opposition to motion[39] |
| 07/26/2024 | MEMORANDUM by Shinny Mermaid in Opposition to motion for preliminary injunction[32] |
| 07/26/2024 | ATTORNEY Appearance for Defendant Shinny Mermaid by Mark Berkowitz |
| 07/25/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendant |
| 07/22/2024 | CERTIFICATE of Service by Plaintiff FCA US LLC regarding text entry, [35] 附件： 1:Exhibit A |
| 07/22/2024 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [32] for entry of a preliminary injunction as to Defendants 4-123. In connection with that motion, which is entered and continued, Plaintiff must forthwith 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 on or before 7/26/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion [24] [25] to extend 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. Mailed notice. |
| 07/15/2024 | SUMMONS Returned Executed by FCA US LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/15/2024, answer due 8/5/2024. 附件： 1:Declaration of Kahlia R. Halpern 2:(Exhibit A) |
| 07/15/2024 | MEMORANDUM by FCA US LLC in support of motion for preliminary injunction 32 附件： 1:Declaration of Kahlia R. Halpern 2:(Exhibit 1) |
| 07/15/2024 | MOTION by Plaintiff FCA US LLC for preliminary injunction as to certain Defendants 附件： 1:(Exhibit A) |
| 07/15/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to a certain Defendant |
| 07/11/2024 | NOTICE of Voluntary Dismissal by FCA US LLC as to certain defendants |
| 06/28/2024 | SURETY BOND in the amount of $10,000.00 posted by FCA US LLC |
| 07/03/2024 | EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/3/2024. |
| 07/03/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO [24] is granted. Enter separate order. Mailed notice. |
| 07/01/2024 | DECLARATION of Kahlia R. Halpern regarding memorandum in support of motion[25] |
| 07/01/2024 | MEMORANDUM by FCA US LLC in support of extension of time[24] |
| 07/01/2024 | MOTION by Plaintiff FCA US LLC for extension of time of Temporary Restraining Order |
| 06/21/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 06/21/2024 | Registry Deposit Information Form by FCA US LLC |
| 06/20/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/20/2024. |
| 06/20/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], motion for electronic service of process [16], and ex parte motion for a temporary restraining order [11] are granted in part. Plaintiff's submissions (e.g., Dkts. 1118) 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries [2] and [15]. 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 (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that he may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 infringing 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. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that 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 appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. |
| 06/17/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 06/17/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA |
| 05/09/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 05/09/2024 | MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief 16 |
| 05/09/2024 | MOTION by Plaintiff FCA US LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 05/09/2024 | SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 - Parts 1-7 regarding declaration 14 附件： 1:Exhibit 2-1 2:Exhibit 2-2 3:Exhibit 2-3 4:Exhibit 2-4 5:Exhibit 2-5 6:Exhibit 2-6 7:(Exhibit 2-7) |
| 05/09/2024 | DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion 12 附件： 1:(Exhibit 1) |
| 05/09/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 05/09/2024 | MEMORANDUM by FCA US LLC in support of motion for temporary restraining order 11 |
| 05/09/2024 | MOTION by Plaintiff FCA US LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 05/08/2024 | 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. |
| 05/08/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Berel Yonathan Lakovitsky |
| 05/08/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern |
| 05/08/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler |
| 05/08/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio |
| 05/08/2024 | Notice of Claims Involving Trademarks by FCA US LLC |
| 05/08/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC |
| 05/08/2024 | CIVIL Cover Sheet |
| 05/08/2024 | MOTION by Plaintiff FCA US LLC for leave to file under seal |
| 05/08/2024 | SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint[1] |
| 05/08/2024 | COMPLAINT filed by FCA US LLC; Filing fee $ 405, receipt number AILNDC-21944874. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
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