最近更新：2024-12-25
2021-cv-01344
| 日期 | 描述 |
|---|---|
| 02/01/2023 | RE: REQUEST for taking of evidence by Ministry of Justice. |
| 09/01/2022 | MAILED patent report with certified copy of minute order dated 8/29/2022 to Patent Trademark Office, Alexandria VA |
| 08/30/2022 | CONSENT FINAL JUDGMENT and permanent injunction. Signed by the Honorable Robert M. Dow, Jr on 8/30/2022. Mailed notice. |
| 08/29/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: In view of the district court's order entering judgment in the case (doc. #[143]), all deadlines set by the magistrate judge are vacated, and the referral is terminated. Mailed notice. |
| 08/29/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The joint status report due by noon on 8/26/22 is overdue. But in view of the parties having filed a motion for approval of consent judgment (doc. #[141]) in this matter in which they have stated they are settling (doc. #[139]), the status report due date is reset to 9/30/22 and will be vacated if a stipulation of dismissal is on file by then. Mailed notice. |
| 08/29/2022 | MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion to approve consent judgment [141] is granted. Signed order to follow. Counsel are directed to submit the Consent Judgment and Permanent Injunction to Judge Dow's Proposed Order Box in Word format. In view of the entry of final judgment in this matter, all pending motions [66, 77, 80] are stricken as moot. Notice of motion date of 9/1/2022 is stricken and no appearances are necessary on that date. Civil case terminated. Emailed notice |
| 08/26/2022 | NOTICE of Motion by Timothy Tiewei Wang for presentment of motion to approve consent judgment[141] before Honorable Robert M. Dow Jr. on 9/1/2022 at 09:00 AM. |
| 08/26/2022 | MOTION by Plaintiff Junjie Peng to approve consent judgment 附件： 1:Exhibit 1 - Consent Judgment and Permanent Injunction 2:Exhibit 2 - Statement of Consent |
| 08/12/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: On the parties' joint motion to stay (doc. #[139]), based on the parties' representation that they have reached an agreement in principle to settle the matter, the 8/12/22 fact closure and deadline for any motion to compel Amazon to comply with a Rule 45 subpoena is stayed until 8/26/22. The motion is granted. A further joint status report on settlement is due and to be filed by noon on 8/26/22. The expert discovery scheduled previously entered is suspended pending the 8/26/22 status report, and the 9/16/22 status report is vacated for now. Mailed notice. |
| 08/11/2022 | MOTION by Plaintiff Junjie Peng to stay Deadlines |
| 08/05/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The joint motion (doc. #[137]) to extend fact and expert discovery by 90 days to complete third-party discovery from Amazon, filed only about a week before the 8/12/22 fact discovery cutoff, is denied. The sought-after Amazon discovery was known to the parties almost five months ago, as disclosed in the 3/11/22 status report (doc. #[115]). The Court stated on 5/31/22 that discovery "will close" on 6/13/22 (doc. #[134]), and on 6/10/22, the Court on motion extended fact discovery another two months, to 8/12/22, to complete the Amazon third-party discovery (doc. #[137]). Fact discovery will indeed close on 8/12/22, except that either party may file by noon on 8/12/22 a motion to compel Amazon to comply with any Rule 45 subpoena; the parties have had five months to meet and confer with Amazon. The expert discovery schedule stands, and any documents obtained voluntarily from Amazon or on a prompt ruling from the Court will be available in time for experts to consider in advance of the 9/12/22 initial Rule 26(a)(2) disclosure date. With a 9/12/22 initial Rule 26(a)(2) disclosure date having been set nearly two months ago (doc. #[136]), the parties have had plenty of time to identify and work with experts to begin to prepare the disclosures. The time to litigate this case forward is long past, so Jarndyce and Jarndyce does not drone on. See Charles Dickens, Bleak House 16 (1853) (Penguin 1996 ed.). The next joint status report on the status of discovery and settlement is due and to be filed by noon on 9/16/22. Mailed notice. |
| 08/04/2022 | MOTION by Plaintiff Junjie Peng for extension of time to complete discovery |
| 06/10/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: On the parties' joint motion to extend discovery (doc. # 135), the motion is granted. Fact discovery is extended to 8/12/22 but only for the purpose of obtaining outstanding third-party discovery from Amazon. Rule 26(a)(2) expert disclosures are due to be served by plaintiff and defendant by no later than 9/12/22, with rebuttal expert disclosures, if any, due by no later than 10/12/22 and all expert depositions and discovery to be completed by no later than 12/12/22. A joint status report on the closure of expert and all discovery is due and to be filed by noon on 12/9/22. Mailed notice. |
| 06/10/2022 | MOTION by Plaintiff Junjie Peng for extension of time to complete discovery |
| 05/31/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed the parties' most recent status report on conducting a Rule 31 written question deposition of witness Chen. The parties are agreed that an oral Rule 30 deposition of Chen is not feasible. Defendant, who is the movant on the pending reconsideration motion (doc. # 66) for which this Chen deposition is purportedly needed, opposes plaintiff's proposed Rule 31 written question of Chen on the ground that Chinese law prohibits it. Defendant contends that the deposition is not barred by Chinese law and could take place remotely, notwithstanding current pandemic conditions and related lockdowns in the PRC. The Court has considered this issue carefully and has determined that the attendant difficulties, uncertainty, and time involved in pursuing the Rule 31 written question deposition of Chen in the PRC is disproportionate to the needs of this case under Fed. R. Civ. P. 26(b)(1) and in derogation of Fed. R. Civ. P. 1, particularly given that the proponent of the reconsideration motion for which it is supposedly needed does not want the deposition, and motions to reconsider in any event are very narrow if not disfavored altogether. See Ellenby Techs., Inc. v. Fireking Security Group, 533 F. Supp. 3d 656, 659-60 (N.D. Ill. 2021). That said, for the foregoing reasons, consistent with the Court's earlier order conditioning its partial grant (doc. # 130) of defendant's motion (doc. # 126) on the ability to complete the Rule 31 deposition under Chinese law against the backdrop of the U.S. discovery rules, the Court modifies its previous order (doc. # 130) so that the motion is denied in full and this case's uncertain chapter of the Chen discovery is now closed. Discovery remains set to close on 6/13/22 and will close on that date. The previous status report ordered by 6/13/22 on the close of discovery stands. Mailed notice. |
| 05/27/2022 | STATUS Report Joint Status Report by HanPure Inc., SP Health, Techplus Direct, Winonly Direct |
| 05/13/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status report (doc. # 131), the Court draws the reasonable inference that the Chen oral deposition in the PRC will not occur within a reasonable amount of time. Plaintiff, who is seeking a Rule 31 deposition of Chen by written questions, wishes to "work together with Chen and Defendants to find a solution, including but not limited to time and place of the [written] deposition, that is in accord with international law and the laws of the PRC." Plaintiff is given leave to do so. The Court leaves the 6/13/22 fact discovery cutoff in place but will be open to extending it to accommodate the Chen Rule 31 deposition if it can be arranged within a reasonable period of time. A further joint status report on whether the Rule 31 written question can be done in accord with international law and the laws of the PRC, as well as when that might happen, is due and to be filed by noon on 6/13/22. Mailed notice. |
| 05/13/2022 | STATUS Report Re Chen's Deposition by HanPure Inc., SP Health, Techplus Direct, Winonly Direct |
| 04/29/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: In view of the parties' respective status reports (doc. #s 128, 129), and the representation of defendant the Chinese authority has acted promptly to approve the taking of the Chen oral Rule 30 deposition (doc. # 129), the Court grants in part the plaintiff's motion for a Rule 31 written question deposition of Chen (doc. # 126) but with the caveat that the written question deposition shall not proceed, and no Rule 31 written questions shall be served upon Chen in the People's Republic of China, until and unless (1) the Court is advised that the Rule 30 oral deposition of Chen is either not being authorized by the PRC central authority, is not taking place, or will not take place within a reasonable time, and (2) the Court is advised that proceeding with a Rule 31 written question deposition in lieu of a Rule 30 oral deposition is fully in accord with international law and the laws of the PRC. A further joint written status report is due by noon on 5/27/22 on the status of efforts to arrange and schedule the Rule 30 Chen oral deposition per the Hague Convention. Mailed notice. |
| 04/29/2022 | STATUS Report by HanPure Inc., SP Health, Techplus Direct, Winonly Direct 附件： 1:(Exhibit Screenshot of the Chinese MOJ Civil and Commercial Judicial Assistance System) |
| 04/29/2022 | STATUS Report by Junjie Peng |
| 04/27/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion for leave to take a Rule 31 deposition of witness Chen on written questions (doc. #[126]), the Court is no more certain that such a deposition can be taken internationally without resort to the Hague Convention, and involvement of the central authority of the People's Republic of China, than it is about the likelihood of Chen's Rule 30 oral deposition being taken under such procedures in time for the scheduled 6/13/22 end of the limited, extended fact discovery period. It appears to the Court that under Rule 30 or Rule 31, the discovery is being taken in the PRC because that is where Chen is physically located. Perhaps the parties disagree. That said, the Court is inclined to grant the motion, subject to the parties' compliance with all applicable international or Chinese law that may govern the taking of the deposition in writing. The Court reserves ruling until it receives status reports from defendants and plaintiff by noon on 4/29/22 about whether defendants object to the motion and about each side's understanding of how the Rule 31 deposition is any more likely to occur than is the Rule 30 deposition given concerns, if any, about limitations imposed by international or Chinese law. Mailed notice. |
| 04/26/2022 | MOTION by Plaintiff Junjie Peng to take deposition of Xiulian Chen 附件： 1:Exhibit 1 |
| 04/13/2022 | NOTICE of Voluntary Dismissal by Junjie Peng of Defendants REXVCE Inc and REXVCE |
| 03/24/2022 | LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE Pursuant to the Hague Convention of 18 March 1970 on the Taking Of Evidence Abroad in Civil or Commercial Matters. Signed by the Honorable Gabriel A. Fuentes on 3/24/2022. Mailed notice. |
| 03/24/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Letter of Request for International Judicial Assistance Pursuant to the Hague Convention. Per defendant having communicated that it will take responsibility for transmission of the letter to the Central Authority in the PRC, the Court will take no further action with respect to defendant's letter of request at this time. Mailed notice. |
| 03/21/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: Defendants' unopposed motion for entry of an order directing issuance of a letter of request under the Hague Convention (doc. #[117]) is granted, subject to the following changes to the proposed letter: (1) Under heading 4), "necessary" shall be changed to "sought"; (2) Under heading 6)(a), the words "LEAD ATTORNEY ATTORNEY TO BE NOTICED" shall be deleted; (3) Under headings 6)(c), 8)(a), 9, and 13, the words "Plaintiff's witness" shall be changed to "third-party witness"; (4) Under heading 7)(a), the word "for" shall be changed to "alleging"; (5) Under heading 7)(c), the word "Defendant's" shall be changed to "Defendants'"; (6) Under heading 8)(a), the words "Defendants contend that" shall be inserted before "Ms. Chen," and the word "his" shall be replaced with "her"; (7) Under heading 8)(b), the words "Defendants contend" shall be inserted before "are relevant to the parties' claims" and before the words "[that] [t]he Deposition is necessary"; and (8) Under heading 10, the following topics shall be added: "(4) Chen's conversations with Defendants and their counsel Routing Men; and (5) Chen's personal knowledge about Shenzhen Heye Fiber Network Co. Ltd. and Shenzhen Jueyier Tech Co. Ltd., and their operation and products." Further, defendants shall submit a revised proposed letter, with the revisions set forth above, to the Court no later than noon on 3/24/22, along with a supplemental filing containing a brief statement of the procedure defendants expect to be followed to transmit the letter to the identified Central Authority in the PRC (i.e., whether the Court would sign the letter so that Defendants would transmit it, or whether Defendants expect the Court to transmit it, and if so how). The Court makes no adjustments to the discovery schedule at this time. Mailed notice |
| 03/18/2022 | RESPONSE by Junjie Peng to MOTION by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct For entry of an order directing Issuance of a Letter of Request Pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters [117] |
| 03/14/2022 | ATTORNEY Appearance for Plaintiff Junjie Peng by Tong Jin |
| 03/14/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: On defendants' motion for issuance of Hague Convention letter of request (doc. #[117]), plaintiff is ordered to file a response or a statement of non-objection by noon on 3/18/22. Mailed notice |
| 03/14/2022 | MEMORANDUM by HanPure Inc., SP Health, Techplus Direct, Winonly Direct in support of motion for miscellaneous relief, [117] 附件： 1:Exhibit [PROPOSED ]LETTER OF REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURS |
| 03/14/2022 | MOTION by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct For entry of an order directing Issuance of a Letter of Request Pursuant to the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters |
| 03/11/2022 | MOTION for extension of time to complete discovery |
| 03/11/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: It is apparent to the Court from the parties' joint status report (doc. #115) that a substantial volume of discovery remains to be conducted after fact discovery closure and that, for the most part, the parties are in agreement that such discovery should be conducted (or attempted) during a three-month extension period. Accordingly, the Court grants an extended fact discovery period to 6/13/22 to complete the following discovery: (1) the depositions of witness Chen and plaintiff Peng; (2) plaintiff's responses to defendant's Rule 36 requests for admission, with such responses due no later than 4/11/22; and (3) any third-party discovery from Amazon. No other oral or written discovery is permitted during the three-month extension period absent leave of Court or stipulation. The parties also have proposed an expert discovery schedule, which is entered as modified: (1) Rule 26(a)(2) expert reports to be exchanged no later than 7/13/22; (2) rebuttal expert disclosures, if any, to be served no later than 8/12/22; (3) all experts to be deposed within 60 days of their report disclosures, and (4) expert discovery closes 9/13/22 if no rebuttal experts are disclosed, or 10/12/22 if rebuttal experts are disclosed. A further joint written status report on discovery progress is due by noon on 5/13/22. The parties are kindly encouraged to advise the district court promptly of their views on when they believe the pending motion to reconsider the preliminary injunction is ripe for consideration.Mailed notice |
| 03/11/2022 | Extension of Time to Complete Discovery |
| 03/11/2022 | STATUS Report Joint Status Report by Junjie Peng |
| 03/03/2022 | MINUTE entry before the Honorable Robert M. Dow, Jr: Motion by Tong Jin for leave to appear pro hac vice on behalf of Plaintiff 113 is granted. Emailed notice |
| 03/02/2022 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19205818. |
| 03/01/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conference held on video platform between United States and China. The parties did not reach an agreement to settle the matter. The district court's referral extended to discovery management. Discovery is closed, as defendants have sought further discovery from witness Chen in China after the Court quashed (doc. # 110) defendant's Rule 45 subpoena that was never served on witness Chen, a foreign national located in China. At this point, the parties are ordered to confer under Rule 26(f) and file a written status report by no later than noon on 3/11/22 about what prospects might exist for defendants to obtain discovery from witness Chen in support of their motion to reconsider (doc. # 66) the district court's preliminary injunction order (doc. # 64). Unless the prospects for such discovery are real and unless the discovery is reasonably imminent, the magistrate judge is inclined to declare all discovery closed, to terminate the referral, and to recommend that the district court proceed as it wishes with respect to the motion to reconsider. In the meantime, if the parties mutually agree that they wish to reconvene a settlement conference, they may notify the courtroom deputy, Jenny Jauregui, at (312)-818-6514. However, all parties are reminded that at any federal settlement conference, all parties are required to be prepared to participate in the settlement conference and are required to act in good faith in connection with the settlement conference, on penalty of sanctions. Fed. R. Civ. P. 16(f)(1)(B), (f)(2); Koehn v. Tobias, 866 F.3d 750, 753 (7th Cir. 2017). The Court will not entertain sanctions in connection with the 3/1/22 settlement conference but will consider them seriously if another settlement conference is conducted and either side is not prepared to negotiate or does not act in good faith. Mailed notice. |
| 02/23/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic status conference held. The parties reported as to their preparedness for the 3/1/22 settlement conference. Mailed notice. |
| 02/11/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic hearing held on plaintiff's motion to quash defendants' Rule 45 deposition subpoena directed at third-party witness and foreign national Xiulian Chen (doc. # 100), seeking to compel her to appear for a deposition by video or in Macau. Plaintiff's counsel confirmed on the record that plaintiff's counsel has not accepted service of this subpoena on Ms. Chen's behalf, has not been authorized by her to accept service, and does not represent her. Plaintiff's counsel further confirmed, and this was not disputed, that Ms. Chen, a foreign national who resides in the PRC, is not voluntarily appearing for the deposition sought in the subpoena. For the reasons stated on the record, including the Court's lack of authority to compel a recalcitrant foreign national to appear for a deposition in U.S. litigation, the motion to quash (doc. # 100) is granted, the subpoena (doc. # 101 -1) is quashed, and this order applies to any other subpoena which defendants have communicated to plaintiff's counsel or have sought to serve, wherein the subpoena purports to command witness Chen to appear for any deposition in this matter. Defendants have reserved the right to seek her deposition, to the extent permitted by applicable law, through the procedures of the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters. No further discovery action is ordered by the magistrate judge at this time, pending the settlement conference set for 3/01/22. Mailed notice. |
| 02/11/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed defendants' "status report in advance of the February 11 hearing" (doc. # 107), which is not a status report but an argumentative supplemental brief, and which is "in advance" of the hearing by about nine hours, insofar as it was filed after midnight on the eve of the oral argument after a Court order barring further briefing on this motion (doc. # 106). Defendants are permitted to argue any relevant point at today's motion hearing, including those set forth in their status report, and plaintiff may respond appropriately at the hearing, but the status report itself is stricken. The Court's practice in limiting briefing on certain motions scheduled for oral argument is based on experience and is intended to conserve resources that would otherwise be spent on filing and responding to briefs (including any filed after midnight on the night before a hearing) that make points already made in earlier motion papers or readily articulable at the hearing. All parties are directed again to comply with the Court's motion hearing scheduling order (doc. # 106). Mailed notice. |
| 02/11/2022 | ATTORNEY Appearance for Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct by Wei Wang |
| 02/11/2022 | STATUS Report In advance of the February 11 hearing by HanPure Inc., SP Health, Techplus Direct, Winonly Direct 附件： 1:Exhibit Plaintiff's initial disclosure 2:Exhibit 20-3375 Judge Cummings order granting deposition in Macau 3:Exhibit Macau entry policy (Covid-19) 4:Exhibit Previous communication |
| 02/02/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The telephonic hearing on plaintiff's motion to quash (doc. # 100) is reset to 1:30 p.m. on 2/11/22. The call-in number for the hearing is (888) 684-8852 and the access code is 2006804. 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. Participants are further directed to keep their devices muted when they are not speaking. As stated in the minute order dated 1/26/22 (doc. # 102), no further briefing on this motion is permitted at this time. Mailed notice. |
| 02/01/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: Due to the forecast for inclement weather on 2/2/22 and its impact on courthouse operations, the motion hearing set in this matter for 2/2/22 is postponed, to be reset shortly by further order of court. Mailed notice. |
| 01/26/2022 | ATTORNEY Appearance for Plaintiff Junjie Peng by Steven G Kalberg |
| 01/26/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The minute order dated 1/26/22 (doc. # 102) is corrected as follows: on plaintiff's motion to quash the third-party witness Chen subpoena (doc # 100), plaintiff asserts that defendant may not use Rule 45 to compel a foreign national to appear for a deposition, may not take this discovery outside the procedures of the Hague Convention to the extent the discovery would be taken in China, and may not (within the limits of Rule 26(b)(1) proportionality) require plaintiff's counsel to travel to Macau at significant cost, even if Chen voluntarily agrees to appear there. In all other respects, the order remains unchanged. Mailed notice. |
| 01/26/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: On defendants' motion to quash the third-party witness Chen subpoena (doc # 100), defendants assert that plaintiff may not use Rule 45 to compel a foreign national to appear for a deposition, may not take this discovery outside the procedures of the Hague Convention to the extent the discovery would be taken in China, and may not (within the limits of Rule 26(b)(1) proportionality) require defense counsel to travel to Macau at significant cost, even if Chen voluntarily agrees to appear there. The Court will take up these issues at a telephonic hearing at 1:30 p.m. on 2/2/22. The call-in number for the hearing is (888) 684-8852 and the access code is 2006804. 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. Participants are further directed to keep their devices muted when they are not speaking. No further briefing on this motion is permitted at this time. Mailed notice. |
| 01/25/2022 | MEMORANDUM by Junjie Peng in support of motion to quash 100 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 01/25/2022 | MOTION by Plaintiff Junjie Peng to quash |
| 01/13/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed the parties' status report (doc. # 98). To clarify, the parties during the settlement phase of this case may take whatever steps they deem necessary and appropriate to arrange for the Chen deposition, in the interest of time management, including any litigation over when, whether or how the Peng deposition should proceed. That said, the settlement phase of the case is a time for focus on settlement, not litigation, and the parties are encouraged to consider deferring expenditure of their precious resources while they work with the magistrate judge to try to resolve the matter. Mailed notice. |
| 01/11/2022 | STATUS Report Joint Status Report by HanPure Inc., SP Health, Techplus Direct, Winonly Direct |
| 01/07/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed the district court's hearing order of today (doc. # 96) and reiterates to the parties that, as stated at the pre-settlement conference, the parties are permitted to pursue the deposition of witness Chen at this time, during the pendency of the settlement conference, and the schedule and permission for any other remaining discovery will be addressed after the settlement conference. Mailed notice. |
| 01/07/2022 | ORDER: Motion hearing held telephonically. Motion by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct to stay regarding motion by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct for reconsideration regarding order on motion for preliminary injunction 92 is granted until the settlement conference is completed and Magistrate Judge Fuentes rules on any objections to taking the deposition referenced in the motion. Defendant's motion for leave to file under seal 77 is granted. Defendant's motion for leave to file under seal 79 is granted. Plaintiff's motion for leave to show cause 80 remains under advisement. Plaintiff's motion for leave to file sur-reply instanter 85 is granted. Signed by the Honorable Robert M. Dow, Jr on 1/7/2022. Mailed notice |
| 01/07/2022 | MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported that they are prepared to participate in a settlement conference. A video settlement conference is set over Cisco WebEx for 9:00 a.m. (Central time) on 3/1/22. The parties are further instructed to submit a joint statement in "Word" format by no later than noon on 2/22/22 to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov. The joint statement shall contain a list of all of the participants (for each side who will be participating by video) and the email addresses associated with each name, for the purposes of providing all of the parties with the email invites and the link to connect to the video conference. Parties are instructed to make sure all join the conference from their own email account through the "join meeting" link in their calendar event. Mediation statements in compliance with the Standing Order are due from plaintiff by 5:00 p.m. on 2/7/22 and from defendant by 5:00 p.m. on 2/18/22 to the Court's settlement correspondence mailbox and copied to opposing counsel. A pre-settlement telephonic conference is set for 11:00 a.m. on 2/23/22, when the parties are directed to contact the magistrate judge at the number they have been provided. Mailed notice. |
| 12/30/2021 | MINUTE entry before the Honorable Gabriel A. Fuentes: The parties having requested a settlement conference with the magistrate judge (doc. # 91), and this matter being before the magistrate judge on a referral that includes settlement (doc. # 41), a pre-settlement telephonic conference with counsel is set for 1 p.m. on 1/7/22 to discuss format and scheduling of a video settlement conference. Counsel should be prepared with available settlement conference dates for counsel and clients in February and March 2022. Counsel should jointly contact the magistrate judge at the time of the pre-settlement conference on the number to be provided to them by the courtroom deputy. Counsel are further directed to review the Court's Standing Order for Settlement Conferences and Top Ten Ways to Defeat Settlement, both available on the Court's website. Meanwhile, discovery is set to close on 12/31/21, which is a court holiday, so the actual closure date is 1/3/22. The status report contains no request to extend that date, although the parties currently are involved in the scheduling of the deposition of witness Chen, and an additional pending defense motion (doc. # 92) suggests that some form of continued expedited discovery should take place before the district court decides the pending motion for reconsideration. On discovery, the magistrate judge further orders: (1) the parties have leave to depose witness Chen after 12/31/21; (2) the magistrate judge construes the motion to stay (doc. # 92) as applying only to the pending motion to reconsider the district court's grant of a preliminary injunction, so this motion is before the district court; (3) the magistrate judge takes no action now to stay any aspect of discovery; and (4) the parties are directed to confer under Rule 26(f) and submit, in a joint status report that will be due by noon on 1/11/22, a contested or agreed proposed schedule for discovery not completed by the 1/3/22 fact discovery closure, including the Chen deposition. The 1/11/22 report may be vacated based on the pre-telephonic status conference discussion. Mailed notice. |
| 12/29/2021 | NOTICE of Motion by Tianyu Ju for presentment of motion to stay, 92 before Honorable Robert M. Dow Jr. on 1/5/2022 at 09:15 AM. |
| 12/29/2021 | MOTION by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct to stay regarding MOTION by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct for reconsideration regarding order on motion for preliminary injunction, memorandum opinion and order, terminate motions, set/reset hearings, 64 66 |
| 12/28/2021 | STATUS Report by Junjie Peng |
| 11/16/2021 | SAMPLES FOR INSPECTION by Techplus Direct (Envelopes attached) (Document kept as paper) 附件： 1:Notice |
| 11/05/2021 | ORDER: Motion hearing held telephonically on the Plaintiff's motion for order to show cause 80. The motion is taken under advisement. Oral motion for limited discovery, as to the number of sales and listings made by the Defendants during the pendency of the preliminary injunction is granted. Once completed, Plaintiff's reply brief will be due 7 days later. The Court will issue a ruling on the motion. (Received for docketing on 11/9/21) Signed by the Honorable Robert M. Dow, Jr on 11/5/2021. Mailed notice |
| 11/04/2021 | RESPONSE by HanPure Inc., SP Health, Techplus Direct, Winonly Directin Opposition to MOTION by Plaintiff Junjie Peng for order to show cause 80 附件： 1:Exhibit Affidavit of Li |
| 11/04/2021 | MINUTE entry before the Honorable Robert M. Dow, Jr:Plaintiff's motion for leave to file sur-reply 85 is taken under advisement. If, upon review of the reply brief, the Court concludes that a sur-reply is warranted, it will consider that brief. If the Court does not find that Defendant raised new arguments in its reply brief, the proposed sur-reply will be disregarded. Emailed notice |
| 11/02/2021 | NOTICE of Motion by Timothy Tiewei Wang for presentment of motion for leave to file 85 before Honorable Robert M. Dow Jr. on 11/5/2021 at 09:15 AM. |
| 11/02/2021 | MOTION by Plaintiff Junjie Peng for leave to file Sur-reply to Defendants' Motion for Reconsideration 附件： 1:Appendix Sur-reply 2:Declaration of Xiulian Chen |
| 11/02/2021 | MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for order to show cause 80 will be heard telephonically on 11/5/2021 at 9:15 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, passcode is 6963747. Defendant's motions for leave to file under seal [77, 79] are granted. Emailed notice |
| 11/01/2021 | ATTORNEY Appearance for Plaintiff Junjie Peng by Stevenson Moore |
| 11/01/2021 | NOTICE of Motion by Timothy Tiewei Wang for presentment of motion for order to show cause 80 before Honorable Robert M. Dow Jr. on 11/5/2021 at 09:15 AM. |
| 11/01/2021 | MEMORANDUM by Junjie Peng in support of motion for order to show cause 80 附件： 1:Declaration of Timothy Wang |
| 11/01/2021 | MOTION by Plaintiff Junjie Peng for order to show cause |
| 11/01/2021 | MOTION by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct to seal document Dkt. No. 77-1 |
| 10/30/2021 | SEALED DOCUMENT by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct |
| 10/30/2021 | MOTION by Defendants HanPure Inc., SP Health, Techplus Direct, Winonly Direct to seal document reply to response to motion[76] 附件： 1:Exhibit Exhibit 3 |
| 10/29/2021 | REPLY by HanPure Inc., SP Health, Techplus Direct, Winonly Direct to memorandum in opposition to motion, [71] 附件： 1:Exhibit Aff. of Li 2:Exhibit Decl. of Men 3:Exhibit Exhibit 3 - public version |
| 10/18/2021 | MINUTE entry before the Honorable Robert M. Dow, Jr: Motion for leave to file documents under seal 72 is granted. Emailed notice |
| 10/15/2021 | NOTICE of Motion by Timothy Tiewei Wang for presentment of motion to seal document 72 before Honorable Robert M. Dow Jr. on 10/20/2021 at 09:15 AM. |
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