2024-cv-12747
日期 | 描述 |
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02/13/2025 | NEW PARTIES: Guo Yitong-US, Atlanta Hardware Supply and zhenyingshangmao added to case caption. |
02/12/2025 | PRELIMINARY Injunction Order. Signed by the Honorable April M. Perry on 2/12/2025. Mailed notice. (jcc,) |
02/12/2025 | MINUTE entry before the Honorable April M. Perry: Hearing held on 2/12/2025. On the grounds set forth in the preliminary injunction motion, and with no objections raised by any Defendant, Plaintiff's motion for an entry of a preliminary injunction 32 is granted. The following documents are to be unsealed: (1) Amended Schedule A to the Amended Complaint 12 ; (2) Exhibits to the Declaration of Matthew A. Werber 14 ; (3) Exhibits to the Declaration of Jay Jarvey Paragoso 21 ; (4) the Schedule A Template 22 ; and (5) the TRO 26 and 31. Plaintiff is ordered to add all remaining defendant names listed in the Schedule A to the docket within three business days. 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. The Clerk is directed to unseal. Enter order. Mailed notice. (jn,) |
02/11/2025 | MINUTE entry before the Honorable April M. Perry:Per request from plaintiff's counsel, the 2/12/2025 hearing shall be heard telephonically at 10 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 650-479-3207, Access Code: 2307 684 8339. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice. (jcc,) |
02/05/2025 | CERTIFICATE of Service --- Served February 4, 2025 --- by Matthew A. Werber on behalf of Milwaukee Electric Tool Corporation regarding MOTION by Plaintiff Milwaukee Electric Tool Corporation for preliminary injunction 32, order on motion for preliminary injunction, text entry, 35 |
02/04/2025 | MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for a preliminary injunction 32 is taken under advisement. Plaintiff's motion for entry of a preliminary injunction will be heard at a hearing on 2/12/2025, at 10:00 a.m. in person in Courtroom 1725. The motion may be considered unopposed as to any defendant who does not file an objection by 2/11/2025 and/or appear at the hearing. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. Mailed notice. (jcc,) |
02/03/2025 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for preliminary injunction |
01/16/2025 | SEALED Order Granting Plaintiff's Motion to Extend Temporary Restraining Order. Signed by the Honorable April M. Perry on 1/16/2025. Mailed notice. (jcc,) |
01/16/2025 | MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Extend the Temporary Restraining Order 27 is granted. The previously granted TRO 26 shall be extended until 2/5/2025. The Court strikes the hearing date of 1/21/25. Enter order. Mailed notice. (jcc,) |
01/16/2025 | SUMMONS Returned Executed by Milwaukee Electric Tool Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto on 1/16/2025, answer due 2/6/2025. 附件: 1:(Declaration Krusiewicz Declaration) |
01/15/2025 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto |
01/15/2025 | NOTICE of Motion by Matthew A. Werber for presentment of motion for miscellaneous relief[27] before Honorable April M. Perry on 1/21/2025 at 10:00 AM. |
01/15/2025 | MOTION by Plaintiff Milwaukee Electric Tool Corporation PLAINTIFF'S MOTION TO EXTEND TEMPORARY RESTRAINING ORDER |
01/13/2025 | Civil BOND in the amount of $3,000.00 check, Receipt No. 10015175, posted by Milwaukee Electric Tool Corporation |
01/08/2025 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable April M. Perry on 1/8/2025. (jcc,) |
01/08/2025 | MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion for Electronic Service of Process 23 is granted. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with an online marketplace defendant. Plaintiff's ex parte motion for entry of a temporary restraining order 19, including a temporary injunction, a temporary asset restraint, and expedited discovery, is also granted. Plaintiff's written submissions establish that if defendant was informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendant, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendant from an order directing it to stop infringement. Expedited discovery is warranted to identify defendant and implement the asset freeze. If the defendant were to appear and object, the Court will revisit the asset freeze and personal jurisdiction. A $3,000 bond is sufficient to secure the injunctive relief. The Court strikes the motion hearing set for 1/14/2025. Enter order. Mailed notice. (jcc,) |
01/07/2025 | NOTICE of Motion by Matthew A. Werber for presentment of motion to seal document[21], motion for miscellaneous relief, [23], motion for temporary restraining order[19] before Honorable April M. Perry on 1/14/2025 at 10:00 AM. |
01/07/2025 | MOTION by Plaintiff Milwaukee Electric Tool Corporation ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) |
01/07/2025 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation JUDGE PERRY SCHEDULE A TEMPLATE (SEALED) |
01/07/2025 | MOTION by Plaintiff Milwaukee Electric Tool Corporation to seal document memorandum in support of motion, [20] Ex. A to Jay Harvey Paragoso Declaration (Dkt. 20-1), Product Listings - SEALED |
01/07/2025 | MEMORANDUM by Milwaukee Electric Tool Corporation in support of motion for temporary restraining order[19] MEMORANDUM IN SUPPORT OF PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF 附件: 1:Declaration of Jay Harvey Paragoso 2:Declaration of Matthew A Werber in Support of Motion for TRO 3:Unpublished Case Law |
01/07/2025 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for temporary restraining order PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER AND OTHER RELIEF |
12/31/2024 | MINUTE entry before the Honorable April M. Perry: The Court is in receipt of Plaintiff's status report 16 and memorandum regarding joinder 13 and finds that joinder of the remaining 3 defendants is appropriate at this stage. Mailed notice. (jcc,) |
12/31/2024 | MINUTE entry before the Honorable April M. Perry: Motion to seal 15 document exhibit 12 and document 14 is granted. Mailed notice. (jcc,) |
12/30/2024 | STATUS Report Initial Status Report by Milwaukee Electric Tool Corporation |
12/30/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation to seal document exhibit[12], sealed document[14] |
12/30/2024 | MEMORANDUM amended complaint, [11] by Milwaukee Electric Tool Corporation - Memorandum Regarding Joinder - 附件: 1:Unpublished Case |
12/30/2024 | SEALED EXHIBIT by Plaintiff Milwaukee Electric Tool Corporation - Amended Schedule A - regarding amended complaint, [11] |
12/30/2024 | FIRST AMENDED complaint by Milwaukee Electric Tool Corporation against Milwaukee Electric Tool Corporation 附件: 1:Exhibit DHS 2:Exhibit CPB 3:Exhibit IP Rights 4:Exhibit TM Registrations |
12/23/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jn,) |
12/23/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA. (jn,) |
12/18/2024 | ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by Peter Krusiewicz |
12/13/2024 | MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal 4 is granted. Plaintiff is asked to file an Initial Status Report by 12/30/2024 consistent with the criteria listed on Judge Perry's website at www.ilnd.uscourts.gov. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 143 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). The Seventh Circuit has found it appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. Id. at 186 (discussing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)). The necessity of sua sponte evaluation intensifies "when it would take enormous time and effort to check the evidence such as screenshots of dozens and dozens of defendants' online stores amassed into a single case absent actual connections between the defendants." Id. By 12/30/2024, the plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described above. In the alternative, plaintiff has leave to file an amended complaint by 12/30/2024 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Mailed notice. (jcc,) |
12/12/2024 | 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. |
12/12/2024 | CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). |
12/11/2024 | ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by Matthew A. Werber |
12/11/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Milwaukee Electric Tool Corporation |
12/11/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation to seal document exhibit 3 |
12/11/2024 | SEALED EXHIBIT by Plaintiff Milwaukee Electric Tool Corporation - Schedule A to Complaint - regarding complaint 1 |
12/11/2024 | CIVIL Cover Sheet |
12/11/2024 | COMPLAINT filed by Milwaukee Electric Tool Corporation; Filing fee $ 405, receipt number AILNDC-22831404. 附件: 1:(Exhibit DHS) 2:Exhibit TM Registrations 3:Exhibit IP Rights 4:Exhibit CPB |
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