最近更新：2024-12-25
2021-cv-01641
| 日期 | 描述 |
|---|---|
| 01/17/2024 | SATISFACTION of Judgment as to defendant no. 174 shannaus |
| 09/10/2023 | SATISFACTION of Judgment as to defendant no. 255 Shop911041028 |
| 08/01/2023 | MINUTE entry before the Honorable Sheila M. Finnegan: All matters relating to the referral have been completed so the referral is closed. Mailed notice |
| 07/31/2023 | STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 183 Songyun |
| 07/28/2023 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Defendant CHWufEN US 7-15 Days Shipping's Motion to Vacate [100]. For the reasons that follow, Defendant's Motion is denied. First, the Court addresses Defendant's sufficiency of process argument to satisfy itself that service was effectuated against Defendant in this case. In this case, like in virtually all Schedule A cases filed in this judicial district, Plaintiffs sought leave to serve Defendants by electronic service of process [12]. Here, Plaintiffs' argued, in part, that they were "unable to determine the exact physical whereabouts or identities of the registrants of the Defendant Online Marketplace Accounts due to their provision of false and incomplete street addresses." R. 13, Mot. TRO at 28. Plaintiffs' request to authorize electronic service of process was granted [16]. On 05/04/2021, Plaintiffs filed summons returned for Defendants [26]. In Schedule A cases, the request to serve electronically is typically driven by a plaintiff's inability to locate a physical address for Defendants. As held by Judge Kennelly in a similar case involving the same Plaintiffs, the Hague Convention allows service by email if a physical address is unknown. See Wham-O Holding, Ltd. et al. v. Schedule A Partnerships, Case No. 20-cv-4196, Dkt. 97 (N.D. Il. Nov. 29, 2022); see also Hangzhou Chic Intelligent Technology Co. v. Partnerships and Unincorporated Associations Identified on Schedule A, 2021 WL 1222783, at *4 (N.D. Ill. Apr. 1, 2021) (finding Court's order of email service pursuant to Federal Rule of Civil Procedure 4(f)(3) was proper and did not violate the Hague Convention). So too here, as argued by Plaintiffs in their Motion for TRO, Plaintiffs did not have a physical address for Defendant, and served Defendant as authorized by the Court via email. Further, Defendant does not deny that he received service of process by email. Instead, Defendant argues he did not monitor the subject email address that was associated with the store, and did not realize the importance of the email because it was in English and not in Chinese. R. 100, Mot. at 2-3. The Court finds this is insufficient to dispute that service was effective and proper. Further, as is made clear from Plaintiffs' response, Defendant participated in settlement discussions with Plaintiffs, through its attorney, as early as 01/12/2022. R. 1-3, Resp. at 2. Thus, at the latest, Defendant had notice of the lawsuit as of 01/12/2022. See id. However, Defendant waited nearly 16 months after entry of default judgment before filing the motion to vacate. Under Fed. R. Civ. P. 60(c), "[a] motion under Rule 60(b) must be made within a reasonable timeand. no more than a year after the entry of the judgment or order or the date of the proceeding." Fed. R. Civ. P. 60(b). Here, the default judgment was entered on 06/16/2021. R. 55, Def. Judgment. Defendant does not offer any explanation for the delay in moving to vacate the default judgment. See Lewis v. Mills, 677 F.3d 324, 332 (7th Cir. 2012) ("Unsupported and underdeveloped arguments are waived.") (cleaned up). Thus, the Motion is untimely, and the Court declines to address Defendant's substantive arguments as they are time-barred under Rule 60(b). Further, it is clear from the Motion that Defendant had actual notice of the lawsuit and default judgment well before the one-year timeline to challenge the default judgment had passed, and the Court finds there is no excusable neglect for Defendant's failure to move to vacate by the deadline. For the foregoing reasons, Defendant's motion is denied. Mailed notice. |
| 07/12/2023 | SATISFACTION of Judgment as to defendant no. 183 Songyun |
| 06/27/2023 | MINUTE entry before the Honorable Sheila M. Finnegan: In light of the Joint Notice of Settlement 124, the telephone status hearing on 6/29/2023 is cancelled. Mailed notice |
| 06/23/2023 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiffs' and Defendant Songyun's joint notice of settlement [124]. Based on the notice, the Court terminates Defendant Songyun's motion to vacate default judgment [112] as moot. The parties must file a stipulation of dismissal as to Defendant Songyun, or a status report with the Court updating as to the status of settlement, on or before 08/22/2023. Emailed notice |
| 06/22/2023 | Joint Notice of Settlement as to Defendant No. 183 Songyun by Intersport Corp., Wham-O Holding,Ltd |
| 06/05/2023 | SATISFACTION of Judgment as to defendant no. 258 Sportsed Store |
| 05/19/2023 | ATTORNEY Appearance for Defendant Songyun by William T. McGrath |
| 05/17/2023 | MINUTE entry before the Honorable Sheila M. Finnegan: Video status hearing held on 5/17/2023 with Plaintiff and Defendant No. 183, Yuduxian Songyun Shangmao Youxiangongsi dba Songyun ("Songyun"). Without objection the Court adopts Plaintiff's proposed schedule for conducting jurisdictional discovery as follows: the parties are to complete written discovery by 7/17/2023 and oral discovery by 8/16/2023. Plaintiff issued written discovery on 5/12/2023, and does not object to Defendant issuing jurisdictional discovery on the topics described during the hearing. The parties are reminded to defer running email/ESI searches until they have conferred on the search process. The parties agree to confer on settlement and are to report on their progress at the next status. Telephone status hearing is set on 6/29/2023 at 9:15 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice |
| 05/09/2023 | MINUTE entry before the Honorable Sheila M. Finnegan: Minute entry 119 is corrected as follows: Magistrate Judge telephone status is set on 5/17/2023 at 9:30 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice |
| 05/09/2023 | MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for discovery supervision and a settlement conference should the parties request one. Magistrate Judge telephone status is set on 6/17/2023 at 9:30 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice |
| 05/08/2023 | MAILED copy of Minute Entry [117] and Order Referring a Civil Case to the Designated Magistrate Judge [118] to Defendant Huang Tao. |
| 05/08/2023 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (axc) Emailed notice. |
| 05/08/2023 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiffs' motion to stay Defendant Songyun's motion to vacate default judgment [115]. The Court stays briefing on Defendant Songyun's motion to vacate default judgment [112] and strikes the briefing schedule on that motion [114]. The Court refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Finnegan. Emailed notice |
| 05/08/2023 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiffs' motion to stay Defendant Songyun's motion to vacate default judgment 115. The Court stays briefing on Defendant Songyun's motion to vacate default judgment 112 and strikes the briefing schedule on that motion 114. The Court refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Finnegan Emailed notice |
| 05/08/2023 | Order on Motion to Stay |
| 05/03/2023 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding,Ltd to stay regarding MOTION by Defendant Songyun to vacate default judgment[112] and for Leave to Conduct Jurisdictional Discovery 附件： 1:Exhibit 1 |
| 04/25/2023 | MAILED copy of Minute Entries 113 114 to Defendant Huang Tao. |
| 04/25/2023 | MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiffs' response to Defendant Songyun's motion to vacate default judgment 112 due by 05/16/2023; Defendant Songyun's reply due by 06/01/2023. Mailed notice |
| 04/25/2023 | MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Yue (Robert) Xu's motion for leave to appear pro hac vice 111 is granted. Pursuant to N.D. Ill. Local Rule 83.15, designation of local counsel must be made within 30 days of the filing of the pro hac vice application. Emailed notice |
| 04/24/2023 | MOTION by Defendant Songyun to vacate default judgment 附件： 1:Exhibit to motion 2:Declaration of Liang Xiaobing 3:Declaration of Yao Guomei 4:Exhibit A to Decl of Yao 5:Exhibit B to Decl of Yao 6:Exhibit C to Decl of Yao 7:Exhibit D to Decl of Yao |
| 04/21/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20565759. 附件： 1:Supplement A PDF copy of the same |
| 03/06/2023 | SATISFACTION of Judgment as to defendant no. 193 TianyBM |
| 02/28/2023 | SATISFACTION of Judgment as to defendant no. 252 Kenken's Store |
| 01/24/2023 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants |
| 12/21/2022 | CITATION to Discover Assets issued as to Amazon.com, Inc., EBAY Inc., ContextLogic, Inc. Third Parties (No Notices). |
| 12/02/2022 | MAILED copy of Minute Entry [106] to Defendant Huang Tao. |
| 12/02/2022 | MAILED copy of Minute Entry 106 to Defendant Huang Tao. |
| 12/02/2022 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court is in receipt of Plaintiffs' notice of a recent related decision 105. Defendant CHWufEN US 7-15 Days Shipping may file a response to the notice of a recent related decision, limited to 2 pages, by 12/9/2022. Mailed notice |
| 11/30/2022 | Notice by Intersport Corp., Wham-O Holding,Ltd Notice of A Recent Related Decision 附件： 1:Exhibit 1 |
| 11/16/2022 | REPLY by Defendant CHWufEN US 7-15 Days Shipping to Plaintiff's opposition to Defendant's motion to vacate default judgment order. |
| 11/04/2022 | RESPONSE by Intersport Corp., Wham-O Holding,Ltdin Opposition to MOTION by Defendant CHWufEN US 7-15 Days Shipping to vacate 100 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 10/28/2022 | SATISFACTION of Judgment |
| 10/14/2022 | MINUTE Entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant CHWufEN US 7-15 Days Shipping to vacate judgment order 100 : Plaintiffs' response due by 11/4/2022; Defendant CHWufEN US 7-15 Days Shipping reply due by 11/18/2022. Mailed notice |
| 10/13/2022 | MOTION by Defendant CHWufEN US 7-15 Days Shipping to vacate judgment order. |
| 07/31/2022 | SATISFACTION of Judgment |
| 07/23/2022 | SATISFACTION of Judgment |
| 07/11/2022 | SATISFACTION of Judgment |
| 12/25/2021 | SATISFACTION of Judgment |
| 10/21/2021 | MAILED trademark report with certified copy of order dated 10/20/2021 to Patent Trademark Office, Alexandria, VA |
| 10/20/2021 | MAILED copy of Minute Entry [94] to Defendant Huang Tao. |
| 10/20/2021 | MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's status report [93], which advises that no defendants remain in the case. All claims against all defendants having been resolved, this case is closed. Civil case terminated. Mailed notice |
| 10/19/2021 | STATUS Report by Intersport Corp., Wham-O Holding,Ltd |
| 10/19/2021 | MAILED copy of Minute Entries [90], [92] and Default Judgment Order [91] to Defendant Huang Tao. |
| 10/19/2021 | MINUTE entry before the Honorable Franklin U. Valderrama: By 10/25/2021, Plaintiffs are directed to file a status report indicating the status of the case, including whether any Defendants remain in the case, and if so, whether Plaintiff intends to file any additional motions for default or whether Plaintiff is engaged in settlement negotiations with remaining Defendants. Mailed notice |
| 10/19/2021 | DEFAULT JUDGMENT ORDER Signed by the Honorable Franklin U. Valderrama on 10/19/2021. Mailed notice |
| 10/19/2021 | MINUTE entry before the Franklin U. Valderrama: Plaintiffs' Motion for Entry of Default and Default Judgment against the Defendants Identified in Second Amended Schedule A [80] is granted. Statutory damages are awarded in the amount of $200,000 per each Defaulting Defendant on the trademark claims. Enter Default Judgment Order. Mailed notice |
| 10/12/2021 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 09/26/2021 | SATISFACTION of Judgment |
| 09/21/2021 | SATISFACTION of Judgment |
| 09/07/2021 | NOTICE of Change of Address by Huang Tao |
| 09/07/2021 | PRO SE Appearance by Huang Tao |
| 08/31/2021 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 08/27/2021 | MINUTE entry before the Honorable Franklin U. Valderrama: On parties' joint stipulation of dismissal [82] and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), all claims against Defendant Huang Tao (d/b/a Ovnshery on Amazon.com), are dismissed without prejudice and with full leave to reinstate via motion filed by 08/30/2022. If no motion to reinstate is filed by that date or upon receipt of the settlement payment, the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. The Court advises the parties that, generally speaking, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement. See Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006). Defendant Huang Tao's (d/b/a Ovnshery on Amazon.com) motion to strike [71] and motion to set aside the Court's default judgment [72], and Plaintiffs motion to require compliance with Local Rule 83.15 [78] are terminated as moot. The schedule entered on 8/18/2021 [77] regarding Defendant Huang Tao d/b/a Ovnshery's motions [71], [72] is stricken. Mailed notice |
| 08/26/2021 | STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. [160] Ovnshery |
| 08/24/2021 | MEMORANDUM by Intersport Corp., Wham-O Holding,Ltd in support of motion for default judgment[80] 附件： 1:Exhibit 1 2:Exhibit 2 3:Declaration of Keith A. Vogt |
| 08/24/2021 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding,Ltd for default judgment as to Defendant Nos. 46 BAOMABA and 130 Lifesty_ler |
| 08/24/2021 | MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiffs' Motion to require compliance with Local Rule 83.15 [78]. Defendant Huang Tao d/b/a Ovnshery is directed to file a response to Plaintiffs' Motion by 8/27/2021. Mailed notice |
| 08/23/2021 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding,LtdMotion To Require Compliance With Local Rule 83.15 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 08/18/2021 | MINUTE entry before the Honorable Franklin U. Valderrama: This Court entered a default judgment order on 6/16/2021 [55], entering default against several defendants, including Defendant Ovnshery (who has since filed an appearance as Huang Tao d/b/a Ovnshery). Defendant Huang Tao d/b/a Ovnshery subsequently filed a motion to set aside the Court's default judgment [72] and a motion to strike paragraphs of the complaint [71]. Plaintiffs' responses to Huang Tao d/b/a Ovnshery's motions [71], [72] are due on or before 9/8/2021; Defendant Huang Tao d/b/a Ovnshery's replies in support of its motions are due on or before 9/22/2021. This Court also entered default judgment against Defendant Kiiier on 6/16/2021 [55]. Pursuant to the satisfaction of judgment [76] filed by Plaintiffs and Defendant Kiiier, Plaintiffs acknowledge payment of an agreed upon damages amount, costs, and interest and desires to release this judgment and hereby fully and completely satisfy the same as to Defendant Kiiier, with each party to bear their own attorneys' fees and costs. Therefore, the Clerk's office is directed to make an entry of the full and complete satisfaction on the docket of said judgment. Defendant Kiiier's motion to vacate [65] and motion to strike [67], and Plaintiffs' motion to enforce settlement agreement [74] are terminated as moot. Finally, Plaintiffs filed a second motion for default [68]. The motion seeks entry of default and default judgment as to the "Defendants identified in the Second Amended Schedule A." However, Seconded Amended Schedule A has not been filed on the docket, nor is it attached to the motion [68] or memorandum in support [69]. While Plaintiffs' memorandum in support [69] states that the motion pertains "namely, to Defendant Nos. 46 BAOMABA and 130 Lifesty_ler," it also states that defendants that have appeared through counsel are excluded from the motion. However, counsel has appeared on behalf of Defendants BAOMABA and Lifesty_ler [38]. Therefore, Plaintiffs' motion for default [68] is denied without prejudice. If Plaintiffs wish to file a renewed motion for default, they must identify the defaulting defendants in the motion itself and ensure that the information included in the memorandum in support is tailored to the defendants against whom default is sought and is not simply part of a form motion or memorandum. Mailed notice |
| 08/13/2021 | FULL SATISFACTION of Judgment As To Defendant No. 121 kiiier |
| 08/03/2021 | MEMORANDUM by Intersport Corp., Wham-O Holding,Ltd in support of motion to enforce[74] SETTLEMENT AGREEMENT 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 |
| 08/03/2021 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding,Ltd to enforce SETTLEMENT AGREEMENT |
| 08/02/2021 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 07/29/2021 | MOTION by Unknown Huang Tao pursuant to Rule 60(b) of the Federal Rules of Civil Procedure (Exhibits). |
| 07/29/2021 | MOTION by Unknown Huang Tao to strike pursuant to Rule 12(f) of the Federal Rules of Civil Procedure and Memorandum of Law in Support. |
| 07/29/2021 | PRO SE Appearance by Unknown Huang Tao. |
| 07/29/2021 | MEMORANDUM by Intersport Corp., Wham-O Holding,Ltd in support of motion for default judgment[68] 附件： 1:Exhibit 1 2:Exhibit 2 3:Declaration of Keith A. Vogt |
| 07/29/2021 | MOTION by Plaintiffs Intersport Corp., Wham-O Holding,Ltd for default judgment as to The Defendants Identified In The Second Amended Schedule A |
| 07/16/2021 | MOTION by Defendant kiiier to strike complaint[1] |
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