最近更新：2024-12-25
2024-cv-04114
| 日期 | 描述 |
|---|---|
| 09/17/2024 | MAIL RETURNED, for $3,000.00 surety bond sent to Keith Vogt Ltd. Re-mailed surety bond to 33 West Jackson Boulevard, #2W Chicago, Illinois, 60604 via certified mail # 9489 0178 9820 3020 9595 13. |
| 09/04/2024 | MAILED Original $ 3,000.00 Surety Bond Posted by Plaintiff, Laura Annette Zollar, Attorney Keith A. Vogt, Keith Vogt, Ltd. 33 West Jackson Boulevard Unit #2W Chicago, IL 60604, via certified mail # 9589 0710 5270 0579 7798 85. |
| 09/04/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants |
| 08/29/2024 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 8/29/2024. Mailed notice |
| 08/29/2024 | MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 37 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 40 that it provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 9/4/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of three thousand dollar ($3,000) to Plaintiff or Plaintiff's counsel, Keith Vogt Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
| 08/21/2024 | CERTIFICATE of Service by Plaintiff Laura Annette Zollar regarding set/reset hearings, 39 |
| 08/21/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 37 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 8/28/2028. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/28/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 9/4/2024 at 9:15 a.m. Mailed notice |
| 08/20/2024 | MEMORANDUM by Laura Annette Zollar in support of motion for default judgment 37 附件： 1:Exhibit 1 2:Exhibit 2 3:(Declaration of Keith A. Vogt) |
| 08/20/2024 | MOTION by Plaintiff Laura Annette Zollar for default judgment as to Against the Defendants Identified in First Amended Schedule A |
| 08/04/2024 | NEW PARTIES: littleli, DIY.HD and SAVSV added to case caption. |
| 08/02/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 8/2/2024. Mailed notice |
| 08/02/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 30 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [32, 34] that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 8/5/2024 is stricken. Summons was issued on 7/22/2024, and Defendants' responses to the complaint are due by 8/19/2024. Plaintiff should file any motion for entry of default and default judgment by 9/10/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 9/19/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 07/29/2024 | CERTIFICATE of Service by Plaintiff Laura Annette Zollar regarding terminate hearings, set/reset hearings, 33 |
| 07/29/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 30 for entry of a preliminary injunction. In connection with that motion, plaintiff must 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 by 8/1/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/1/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. Telephone status hearing set for 8/5/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice |
| 07/29/2024 | SUMMONS Returned Executed by Laura Annette Zollar as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/29/2024, answer due 8/19/2024. 附件： 1:(Declaration of Service) |
| 07/29/2024 | MEMORANDUM by Laura Annette Zollar in support of motion for preliminary injunction 30 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, of Keith A. Vogt's Declaration) |
| 07/29/2024 | MOTION by Plaintiff Laura Annette Zollar for preliminary injunction |
| 07/22/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 07/22/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 7/22/2024. Mailed notice |
| 07/22/2024 | MINUTE entry before the Honorable Sunil R. Harjani:Plaintiff has filed an Amended Complaint 23 as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of three Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's second renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 25 is granted. Plaintiff's renewed ex parte motion for temporary restraining order 21 is denied as moot. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal. 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 on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 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 defendants' unauthorized use of plaintiff's copyrighted works, 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 11 a.m. on 7/22/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 7/29/2024. Telephone status hearing is set for 8/5/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 07/19/2024 | AMENDED complaint by Laura Annette Zollar against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 06/25/2024 | MEMORANDUM by Laura Annette Zollar Establishing that Joinder is Proper 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:(Exhibit 6) |
| 06/13/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 17 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 167 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the 167 defendants are infringing upon plaintiff's copyrights, plaintiff claims only generally that joinder is proper because, inter alia, defendants use aliases to conceal their identifies, "show evidence of market coordination," share "unique identifiers, such as design elements and similarities of the unauthorized products for sale," and the infringing products "bear similar irregularities and indicia of being related to one another" suggesting that they "were manufactured by and come from a common source." (Doc. 17 at 7; Doc. 1, ¶¶ 7, 10, 14, 31). But plaintiff provides only one conclusory example of shared unique identifiers ("item titles [that] are nearly identical or very similar to one another.") (Doc. 17 at 7-8; Doc. 17-1, ¶ 5) and instead the record contains Exhibit 2 to the Declaration of Laura Zollar (which includes 817 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Doc. 14-3, 9; Doc. 15. It is not this Court's job to sift through hundreds of pages of materials to look for a relationship between the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The Partnerships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See Art Ask Agency v. Individuals, Corporations, Limited Liability Companies, Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021) (holding similar conclusory statements do not support joinder); H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, plaintiff's motion for temporary restraining order 13 is denied without prejudice. Plaintiff's motion for leave to file under seal 11 and motion to exceed page limitation 12 are granted. Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others by 6/27/2024. Mailed notice |
| 05/31/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The joinder issue remains under advisement. Telephone status hearing set for 6/6/2024 is stricken. Mailed notice |
| 05/29/2024 | MEMORANDUM by Laura Annette Zollar Establishing that Joinder is Proper 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1 3:Exhibit 2 4:Exhibit 3 5:Exhibit 4 6:Exhibit 5 7:Exhibit 6 8:(Exhibit 7) |
| 05/23/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 11, plaintiff's motion for temporary restraining order 13, and plaintiff's motion to exceed page limitation 12 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 165 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 5/30/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 6/6/2024 at 9:15 a.m.Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 05/20/2024 | SEALED EXHIBIT by Plaintiff Laura Annette Zollar Sealed Exhibit 2, Declaration of Laura Annette Zollar regarding memorandum in support of motion, 14 附件： 1:Exhibit 2-1 2:Exhibit 2-2 3:(Exhibit 2-3) |
| 05/20/2024 | MEMORANDUM in support of 13 Exparte motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of Keith A. Vogt's declaration 3:Declaration of Laura Annette Zollar 4:(Exhibit 1, of Laura Annette Zollar's declaration) |
| 05/20/2024 | MOTION by Plaintiff Laura Annette Zollar for leave to file excess pages |
| 05/20/2024 | MOTION by Plaintiff Laura Annette Zollar for leave to file under seal |
| 05/20/2024 | 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. |
| 05/20/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). (jn,) |
| 05/20/2024 | ATTORNEY Appearance for Plaintiff Laura Annette Zollar by Christopher Romero |
| 05/20/2024 | ATTORNEY Appearance for Plaintiff Laura Annette Zollar by Monica Rita Martin |
| 05/20/2024 | ATTORNEY Appearance for Plaintiff Laura Annette Zollar by Cameron Eugene Mcintyre |
| 05/20/2024 | ATTORNEY Appearance for Plaintiff Laura Annette Zollar by Adam Grodman |
| 05/20/2024 | ATTORNEY Appearance for Plaintiff Laura Annette Zollar by Yi Bu |
| 05/20/2024 | ATTORNEY Appearance for Plaintiff Laura Annette Zollar by Yanling Jiang |
| 05/20/2024 | ATTORNEY Appearance for Plaintiff Laura Annette Zollar by Keith A. Vogt |
| 05/20/2024 | CIVIL Cover Sheet |
| 05/20/2024 | SEALED DOCUMENT by Plaintiff Laura Annette Zollar Schedule A to Complaint 1 |
| 05/20/2024 | COMPLAINT filed by Laura Annette Zollar ; Filing fee $ 405, receipt number AILNDC-21983132. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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