最近更新：2024-12-25
2022-cv-06402
| 日期 | 描述 |
|---|---|
| 09/01/2023 | ORDER: Signed by the Honorable Nancy L. Maldonado on 9/1/2023. Emailed notice |
| 09/01/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for release of bond 43 is granted as judgment has been entered in Plaintiff's favor. The Clerk of the Court is directed to return the $10,000 cash bond, including any interest minus the registry fee, previously deposited with the Clerk of the Court to Plaintiff or its counsel by check made out to Ni, Wang & Massand, PLLC, 8140 Walnut Hill Lane, Suite 615 Dallas, Texas 75231. Enter Order to Release Bond to Plaintiff. Emailed notice |
| 08/31/2023 | MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si for release of bond |
| 03/23/2023 | BOND in the amount of $ 10,000 money order, Receipt No. 4624284091, posted by Shenzhenshi Borunxing Wujin You Xian Gong Si. |
| 08/25/2023 | DEFAULT JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 8/25/2023. |
| 07/19/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 7/19/2023. Defendant was not present. Plaintiff's motion for default judgment 39 is granted. Judgment is entered in favor of the Plaintiff and against the Defendant YI XIN Store in the amount of $11,776.95. Plaintiff should submit a proposed order to the proposed order email for entry. Civil case terminated. |
| 06/20/2023 | MINUTE entry before the Honorable Nancy L. Maldonado:The Court is in receipt of Plaintiff's motion for default judgment. A default judgment prove-up hearing is scheduled for 7/19/23 at 10:00 a.m. by WebEx video conference. Defendant shall have until 07/12/2023 to file any appearance or objection to the motion for default judgment. The dial-in number for the public is: 650-479-3207; access code is: 23003644591. The parties will receive a WebEx invitation by email. During the video hearing, the parties should turn off their cameras and mute their microphones until their case is called. All 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 court-imposed 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. |
| 06/16/2023 | MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si for default judgment as to Defendant YI XIN Store 附件： 1:Memorandum in Support 2:Exhibit A - Decl. Stevenson Moore |
| 06/06/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 6/6/2023. |
| 05/22/2023 | NEW PARTIES: YI XIN Store added to case caption. Terminating The Partnerships and Unincorporated Associations identified in Schedule A |
| 05/22/2023 | AMENDED Schedule A to Complaint |
| 05/18/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal [34] Plaintiff's claims against Defendant YUANMENGG are dismissed without prejudice. Pursuant to the joint stipulation of dismissal [35] Plaintiff's claims against Defendant YongYin are dismissed with prejudice, and Plaintiff's claims against Defendant's GIBEST, Creative BS, and BOBOBO-US are dismissed without prejudice. Each party to bear its own costs and fees. In light of the dismissals, the motion to dismiss filed by Defendants BOBOBO-US, Creative BS, QIBEST, YonYin [30] is stricken is moot. Based on the Court's review of the docket, there is 1 more active defendant, Defendant No. 18 YI XIN Store, in this case, though that defendant has not appeared or responded to Plaintiff's complaint or motion for preliminary injunction. The Court therefore strikes the 06/21/2023 preliminary injunction hearing [27]. Instead, in light of the remaining defendant's failure to respond, the motion for preliminary injunction [22] is granted as unopposed as to Defendant No. 18 YI XIN Store. Plaintiff's counsel is directed to submit a revised proposed preliminary injunction order to the Court's proposed order email address reflecting the dismissals of the other defendants. The Clerk is requested to unseal any previously-sealed documents. Plaintiff should also file a revised Schedule A on the docket listing the active defendant, and is directed to ensure that defendant is added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. |
| 05/17/2023 | STIPULATION of Dismissal |
| 05/17/2023 | NOTICE of Voluntary Dismissal by Shenzhenshi Borunxing Wujin You Xian Gong Si of Defendant YUANMENGG |
| 05/11/2023 | RESPONSE by Shenzhenshi Borunxing Wujin You Xian Gong Siin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants BOBOBO-US, Creative BS, QIBEST, YonYin [30] |
| 04/24/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's response to Defendant's motion to dismiss 30 is due by 5/12/23; Defendant's reply due by 5/26/23. |
| 04/21/2023 | MEMORANDUM by BOBOBO-US, Creative BS, QIBEST, YonYin in support of Motion to Dismiss for Failure to State a Claim[30] |
| 04/21/2023 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants BOBOBO-US, Creative BS, QIBEST, YonYin |
| 04/19/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Motion for leave to appear pro hac vice by Clark S. Bakewell [28] is granted. |
| 04/19/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20554072. |
| 04/18/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: In light of the recently-filed appearances, Defendants YonYin, BOBOBO-US, Creative BS, and QIBEST shall have until 05/17/2023 to file a response to Plaintiff's motion for preliminary injunction [22]. Plaintiff shall have until 06/7/2023 to file any reply. A motion hearing is set for 06/21/2023 at 10:00 a.m. via WebEx video conference. The dial-in number for the public is: 650-479-3207; access code is: 23031410117. The parties will receive a WebEx invitation by email. During the video hearing, the parties should turn off their cameras and mute their microphones until their case is called. All 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 court-imposed 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. |
| 04/18/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Motion for leave to appear pro hac vice by Gary M. Hnath [25] is granted. |
| 04/17/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20548942. 附件： 1:Exhibit 1 - List of Admissions |
| 04/17/2023 | ATTORNEY Appearance for Defendants BOBOBO-US, Creative BS, QIBEST, YonYin by Jing Zhang |
| 04/17/2023 | ATTORNEY Appearance for Defendants YonYin, QIBEST, Creative BS, BOBOBO-US by Luiz Miranda |
| 04/10/2023 | MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si for preliminary injunction 附件： 1:Memorandum in Support 2:Exhibit A - Chen Decl. 3:(Exhibit B - Return of Service) |
| 04/10/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendants No. 1 IMPUVERS-US AJ5RBWZI7866V; 2 ORIA Direct A2FOADTO08BQD0; 3 Ankilo DIRECT-US A3NF83KGYBN6UT; 4 VEGER-US A17Y4GZECGJBBP; 5 Heylinsi A32QFQZM58Y352; 6 AMIR Direct-US AXI0SBOCSWPNS; 7 songguotek A3LKVGBISH59SY; 8 Edeeox A1WAS6F6ARYD7T; 9 IMBMCASE A15FZXU6WLCMI1; 10 KeeKit Direct A8T9XFQE6JC65; 11 Shenzh SkyApril Technology CO, LTD. A1K9UXAZ0J35WA; and12 hanwanrong A398L97ASTHHJ5 are dismissed without prejudice. |
| 04/07/2023 | NOTICE of Voluntary Dismissal by Shenzhenshi Borunxing Wujin You Xian Gong Si WITHOUT PREJUDICE of Defendants IMPUVERS-US, ORIA Direct, Ankilo DIRECT-US, VEGER-US, Heylinsi, AMIR Direct-US, songguotek, Edeeox, IMBMCASE, KeeKit Direct, Shenzh SkyApril Technology CO, LTD., and hanwanrong |
| 03/30/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for an extension of time of the sealed temporary restraining order 17. The Court finds good cause for an extension of the TRO in light of the need for more time to receive expedited discovery from third-parties. The motion is therefore granted, and the sealed temporary restraining order 16 shall remain in effect an additional 14 days until April 14, 2023. |
| 03/29/2023 | MEMORANDUM by Shenzhenshi Borunxing Wujin You Xian Gong Si in support of extension of time 17 of the Sealed Temporary Restraining Order 附件： 1:(Exhibit A Declaration of Nicholas Najera) |
| 03/29/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A |
| 03/29/2023 | MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si for extension of time of the Sealed Temporary Restraining Order |
| 03/17/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 3/17/2023. Mailed notice. |
| 02/24/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in plaintiff's motion, the supporting memoranda, and the temporary restraining order, plaintiff's sealed motion for temporary injunction against Defendants, a temporary asset restraint, expedited discovery, and for alternative service 7 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. 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. See, e.g., Oakley, Inc. v. Partnerships & Unincorporated Associations Identified in Schedule "A", No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Further, expedited discovery is warranted to identify Defendants and to implement the asset freeze. The Court notes, however, that there are at least two issues with Plaintiff's proposed temporary restraining order order. First, the proposed order includes a line at item 1(c) prohibiting defendants from "otherwise competing unfairly with Plaintiff in any manner." This vague and generic language does not comply with the requirement that restraining orders state their terms specifically and describe in reasonable detail the acts or acts restrained. See Fed. R. Civ. P 65(d)(1). Therefore that particular part of the order will not be allowed. Further, the proposed order contemplates only a $1,000 bond total for all defendants. The Court, in its discretion, finds this too low of an amount of security. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Plaintiff should email the Court a revised proposed temporary restraining order in Microsoft Word format with these changes made to the Court's proposed order email box (Proposed_Order_Maldonado@ilnd.uscourts.gov). |
| 02/17/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's supplemental memorandum on joinder 13 and considered the arguments and authority cited therein. The Court is satisfied, at least at this initial stage of the litigation, that joinder of the 18 Defendants identified on Schedule A is appropriate. The Court notes that well-established caselaw in this District holds that the mere fact that multiple defendants are alleged to have infringed the same copyright, trademark, or patent, does not support joinder of those defendants in the same action. See Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 187 (N.D. Ill. 2020) (collecting cases). This Court generally is not persuaded that generic allegations that counterfeiting defendants employ common tactics of evasion, use similar advertising and marketing strategies, or that they employ common design elements, are sufficient, on their own, to support joinder. Here, however, Plaintiff has gone further and provided screenshot evidence that Defendants are selling not just "similar" products infringing the same patent or mark, but are each selling nearly identical products with the same features and identical product designs, using nearly the exact same product images and descriptions. Further, Plaintiff has provided support showing that many of the Defendants operate out of the same geographic region in China. Given the geographic proximity of many of the Defendants, and the fact they appear to be selling virtually identical products, the Court is satisfied joinder is appropriate at this stage. If any defendant later appears in this case, they may raise the issue of joinder and the Court will revisit it. The Court will rule on Plaintiff's motion for a temporary restraining order separately in short order. |
| 01/05/2023 | MEMORANDUM order on motion to seal document, text entry, 11 by Shenzhenshi Borunxing Wujin You Xian Gong Si Regarding Proper Joinder |
| 12/29/2022 | 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 Executive Committee on 12/29/2022: Mailed notice. |
| 12/20/2022 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the pending motions and Plaintiff's complaint. Plaintiff's motions for leave to file under seal 5, 8, are granted. However, before it can rule on Plaintiff's motion for a temporary restraining order 7, the Court orders Plaintiff to file a brief addressing the propriety of joinder of all of the defendants on or before 01/16/2023. |
| 11/21/2022 | ATTORNEY Appearance for Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si by Stevenson Moore |
| 11/16/2022 | ATTORNEY Appearance for Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si by Steven G Kalberg |
| 11/16/2022 | 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. |
| 11/16/2022 | CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. |
| 11/15/2022 | MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si to seal document SEALED MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si 7 附件： 1:(Text of Proposed Order) |
| 11/15/2022 | SEALED MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si 附件： 1:Memorandum in Support 2:Exhibit A 3:(Text of Proposed Order) |
| 11/15/2022 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhenshi Borunxing Wujin You Xian Gong Si |
| 11/15/2022 | MOTION by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si to seal document sealed document 4 附件： 1:(Text of Proposed Order) |
| 11/15/2022 | SEALED DOCUMENT by Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si (Sealed Schedule and Exhibits) 附件： 1:Exhibit Schedule A 2:Exhibit 1 part 1 3:Exhibit 1 part 2 4:(Exhibit 2) |
| 11/15/2022 | ATTORNEY Appearance for Plaintiff Shenzhenshi Borunxing Wujin You Xian Gong Si by David Randolph Bennett |
| 11/15/2022 | CIVIL Cover Sheet |
| 11/15/2022 | COMPLAINT filed by Shenzhenshi Borunxing Wujin You Xian Gong Si; Jury Demand. Filing fee $ 402, receipt number AILNDC-20050435. 附件： 1:Exhibit List 2:Exhibit Schedule A 3:Exhibit 1 4:(Exhibit 2) |
案件最新进展，来源于美国联邦法院，下载文件请联系 18523047090 微信同号
被告名单文件：部分原告会选择隐匿发案，或者对提交的文件进行密封处理，因此包括被告信息在内的相关文件不会在前期公开（一般PI阶段左右才会公开）。
诉状：诉状通常包括原被告的基本信息、侵权行为、侵权类型，以及诉讼请求，如确认侵权、下架侵权产品、请求赔偿等，这个文件起诉就可以下载
案件每天自动更新，未及时更新的可点击 案件名称旁边 更新 按钮
