最近更新：2025-03-09
2024-cv-12973
| 日期 | 描述 |
|---|---|
| 02/14/2025 | SEALED ORDER for Leave for Service of Process by E-Mail and/or Electronic Publication. Signed by the Honorable April M. Perry on 2/14/2025. Mailed notice. (jcc,) |
| 02/14/2025 | MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion for Electronic Service of Process 20 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. The Court strikes the motion hearing set for 2/26/2025. Enter order. Mailed notice. (jcc,) |
| 02/13/2025 | NOTICE of Motion by Faye Yifei Deng for presentment of motion for miscellaneous relief 20 before Honorable April M. Perry on 2/26/2025 at 10:00 AM. (Deng, Faye Yifei) |
| 02/13/2025 | MEMORANDUM by Yuxiang Chen in support of motion for miscellaneous relief 20 附件： 1:(Exhibit 2)(Deng, Faye Yifei) 2:Declaration of Faye Deng 3:Exhibit 1 |
| 02/13/2025 | MOTION by Plaintiff Yuxiang Chen for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Deng, Faye Yifei) |
| 02/03/2025 | SEALED ORDER For Leave to Conduct Expedited Discovery. Signed by the Honorable April M. Perry on 2/3/2025. Mailed notice. (jcc,) |
| 02/03/2025 | MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion for Expedited Discovery 15 is granted. Expedited discovery is warranted to identify the Defendant and implement the asset freeze. If Defendant were to appear and object, the Court will revisit the asset freeze. The Court strikes the motion hearing set for 2/6/2025. Enter order. Mailed notice. (jcc,) |
| 01/31/2025 | MOTION by Plaintiff Yuxiang Chen for discovery expedited |
| 01/10/2025 | MINUTE entry before the Honorable April M. Perry: The Court has reviewed Plaintiff's memorandum 12 regarding the propriety of joinder, which relies primarily on Bose Corp. v. Schedule A Defs., 334 F.R.D. 511 (N.D. Ill. 2020), to argue that joinder is proper among the 45 defendants listed in Plaintiff's Schedule A. Plaintiff should reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where this Court expressed its views on joinder in Schedule A cases, and specifically noted that it will not adopt the reasoning of Bose Corp. Plaintiff points to the following facts to establish that joinder is proper: Defendants (1) "concealed their identities and the full scope of their infringing operations"; (2) "provided fake information about their physical addresses"; (3) "employed the same advertising and marketing strategies to target consumers while attempting to evade enforcement"; (4) "seller aliases share identifiers, such as templates with common design elements that intentionally omit any contact information"; (5) sellers "regularly communicate in various chatting apps"; (6) 27 out of 45 are from Guangdong, China; and (7) "are working in a similar manner and during the same time period to sell infringing products." Doc. 12 at 6-7. The Court is not inclined to view (1), (2), (4) or (6) as compelling support for joinder for the reasons discussed in Zaful. The Court will also not entertain the broad statement that "[o]n information and belief, Defendants are in constant communication with each other," Doc. 9 19, to support joinder for the reasons set forth in Viking Arm AS v. Schedule A Defs., 24-cv-1566, 2024 WL 2953105 (N.D. Ill. June 6, 2024) and H-D U.S.A. v. Schedule A Defs., 21-cv-1041, 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021). As for the remaining arguments in support of joinder, or any other information the Plaintiff wishes to bring to the Court's attention, Plaintiff must file another brief addressing the propriety of joinder following the reasoning of Estee Lauder and Zaful by 1/31/2025. In this brief, Plaintiff must provide factual support for its joinder argument as to why each defendant is properly joined. Plaintiff has submitted more than 200 pages of screenshots as exhibits but does not have a single defendant-specific argument or citation to the record in its 12-page memo on joinder; that must be corrected. Alternatively, Plaintiff may file an amended Schedule A with a smaller subset of defendants and an explanation of why joinder of that subset of defendants is appropriate. If the Plaintiff chooses to amend the Schedule A list, Plaintiff must refile any exhibits containing screenshots that are specific to only the Defendants listed on the amended Schedule A. Mailed notice. (jcc,) |
| 01/03/2025 | MEMORANDUM by Yuxiang Chen Establishing that Joinder is Proper 附件： 1:(Declaration of Faye Deng)(Deng, Faye Yifei) |
| 01/03/2025 | SEALED DOCUMENT by Plaintiff Yuxiang Chen Schedule A Template 附件： 1:Exhibit 1-part I 2:Exhibit 1-part II 3:Exhibit 1-part III 4:(Exhibit 1-part IV)(Deng, Faye Yifei) |
| 12/27/2024 | 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
| 12/23/2024 | AMENDED complaint by Yuxiang Chen against The Partnerships and Unincorporated Associations Identified on Schedule A, Yuxiang Chen and terminating YC (Deng, Faye Yifei) |
| 12/23/2024 | MINUTE entry before the Honorable April M. Perry: It appearing that the case filed is a "Schedule A" case, the Plaintiff is directed to the Court's standing order on its website directing the filing of Court's Schedule A Template by 1/3/2025. Plaintiff's Motion to Seal 3 is granted. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 45 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 1/3/2025, 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 1/3/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. The Court also raises concern that the plaintiff is attempting to proceed under the pseudonym "YC." The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires the plaintiff to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical "Schedule A" online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21- CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing a sealed schedule A, "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The complaint identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, the plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 12/30/2024. Mailed notice. (jcc,) |
| 12/18/2024 | 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. |
| 12/18/2024 | CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1). |
| 12/18/2024 | MAILED patent report to Patent Trademark Office, Alexandria VA |
| 12/17/2024 | ATTORNEY Appearance for Plaintiff YC by Faye Yifei Deng (Deng, Faye Yifei) |
| 12/17/2024 | SEALED DOCUMENT by Plaintiff YC schedule A regarding complaint1 (Deng, Faye Yifei) |
| 12/17/2024 | SEALED DOCUMENT by Plaintiff YC Exhibit 1 regarding Complaint1 (Deng, Faye Yifei) |
| 12/17/2024 | MOTION by Plaintiff YC for leave to file under seal (Deng, Faye Yifei) |
| 12/17/2024 | CIVIL Cover Sheet (Deng, Faye Yifei) |
| 12/17/2024 | COMPLAINT filed by YC; jury demand. Filing fee $ 405, receipt number AILNDC-22855879.(Deng, Faye Yifei) |
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