最近更新：2025-01-30
2024-cv-11246
| 日期 | 描述 |
|---|---|
| 01/28/2025 | SUMMONS Returned Executed by Jeff Bartels as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/28/2025, answer due 2/18/2025. 附件： 1:Declaration of Service |
| 01/17/2025 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 01/17/2025 | EXHIBIT by Plaintiff Jeff Bartels Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion, 14 附件： 1:(Exhibit 2-8) 2:Exhibit 2-7 3:Exhibit 2-6 4:Exhibit 2-5 5:Exhibit 2-4 6:Exhibit 2-3 7:Exhibit 2-2 8:Exhibit 2-1 |
| 01/17/2025 | Schedule A to the Complaint 1 and Schedule A 2 by Jeff Bartels |
| 01/17/2025 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 01/17/2025 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file excess pages, 12, is granted. Plaintiff's motion for leave to file under seal, 11, is denied. Plaintiff's motion for a temporary restraining order, temporary asset restraint, expedited discovery, and electronic service of process, 13, is granted in part and denied in part. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. See 11. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Because the court denies the motion for a temporary restraining order, there is no reason to seal plaintiff's filings pending such relief. Plaintiff's motion for leave to file under seal, 11, is therefore denied. Plaintiff's sealed exhibits, 2, 15, are stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. To the extent plaintiff's motion, 13, seeks a temporary restraining order and expedited discovery, the motion is denied. To the extent the motion, 13, seeks electronic service of process, the motion is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). 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. To the extent that the motion requests service of process of any temporary restraining order in this case, service is not necessary because this court has already denied the motion for a TRO. |
| 10/31/2024 | SEALED EXHIBIT by Plaintiff Jeff Bartels Sealed Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion, 14 附件： 1:(Exhibit 2-8) 2:Exhibit 2-7 3:Exhibit 2-6 4:Exhibit 2-5 5:Exhibit 2-4 6:Exhibit 2-3 7:Exhibit 2-2 8:Exhibit 2-1 |
| 10/31/2024 | MEMORANDUM in Support of 13 Exparte Motion 附件： 1:(Exhibit 1, of Jeff Bartels' Declaration) 2:Declaration of Jeff Bartels 3:Exhibit 1-4, of Keith A. Vogt's Declaration 4:Declaration of Keith A. Vogt |
| 10/31/2024 | MOTION by Plaintiff Jeff Bartels for leave to file excess pages |
| 10/31/2024 | MOTION by Plaintiff Jeff Bartels for leave to file under seal |
| 10/31/2024 | 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. |
| 10/31/2024 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). |
| 10/31/2024 | ATTORNEY Appearance for Plaintiff Jeff Bartels by Yi Bu |
| 10/31/2024 | ATTORNEY Appearance for Plaintiff Jeff Bartels by Yanling Jiang |
| 10/31/2024 | ATTORNEY Appearance for Plaintiff Jeff Bartels by Monica Rita Martin |
| 10/31/2024 | ATTORNEY Appearance for Plaintiff Jeff Bartels by Christopher Romero |
| 10/31/2024 | ATTORNEY Appearance for Plaintiff Jeff Bartels by Cameron Eugene Mcintyre |
| 10/31/2024 | ATTORNEY Appearance for Plaintiff Jeff Bartels by Adam Grodman |
| 10/31/2024 | ATTORNEY Appearance for Plaintiff Jeff Bartels by Keith A. Vogt |
| 10/31/2024 | CIVIL Cover Sheet |
| 10/31/2024 | SEALED DOCUMENT by Plaintiff Jeff Bartels Schedule A to Complaint 1 |
| 10/31/2024 | COMPLAINT filed by Jeff Bartels; Filing fee $ 405, receipt number AILNDC-22676917. 附件： 1:Exhibit 3 2:Exhibit 2 3:Exhibit 1 4:(Exhibit 4) |
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