最近更新：2025-03-09
2025-cv-00852
| 日期 | 描述 |
|---|---|
| 03/07/2025 | SECOND AMENDED complaint by DCSTAR Inc. against The Partnerships Identified on Schedule A 附件： 1:(Exhibit 1) |
| 03/07/2025 | NEW PARTIES: DCSTAR Inc. added to case caption. Terminating XYZ Corporation |
| 03/05/2025 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 3/5/2025. Mailed notice |
| 03/05/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave 11 is granted as to the request to file documents under seal and denied as to the request to proceed under a pseudonym, ex parte motion for a temporary restraining order, a temporary asset restraint, and expedited discovery 14 is granted, and motion for electronic service of process 16 is granted. Exceptional circumstances have not been shown to proceed anonymously. See Fed. R. Civ. P. 10(a) ("The title of the complaint must name all the parties[.]"); Doe v. Village of Deerfield, 189 F.3d 372, 377 (7th Cir. 2016) ("To proceed anonymously, a party must demonstrate 'exceptional circumstances' that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity."); XYZ Corp. v. Partn. & Unincorporated Ass'ns Identified on Schedule A, 2022 WL 180151, at *2 (N.D. Ill. Jan. 20, 2022) ("There is insufficient evidence. that Schedule A defendants are taking advantage of the case-tracking option to such an extent that it is materially impeding brand owners' enforcement efforts."); XYZ Corp. v. Partn. & Unincorporated Ass'ns Identified on Schedule A, 2020 WL 6681360, at *1 (N.D. Ill. Nov. 12, 2020) ("No-name litigation is the rare exception, not the Rule."). Accordingly, by 3/7/2025, Plaintiff shall file a second amended complaint that lists Plaintiff's true name. Moreover, 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. Further, 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 counterfeit products, 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 11:15 a.m. on 3/5/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 3/12/2025. Telephone status hearing is set for 3/19/2025 at 9:15 a.m. Finally, the notice of presentment 18 is stricken as the Court does not require the filing of a separate notice of presentment. See the Court's web page (Civil "[m]otions should not be noticed for presentment."). Mailed notice |
| 03/03/2025 | NOTICE of Motion by John Joseph Mariane, IV for presentment of motion for leave to file 11, Sealed motion 14, motion for miscellaneous relief 16 before Honorable Sunil R. Harjani on 3/11/2025 at 09:45 AM. |
| 03/03/2025 | MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 16 附件： 1:(Exhibit 1) 2:Declaration of Ann Marie Sullivan |
| 03/03/2025 | MOTION by Plaintiff XYZ Corporation Electronic Service of Process |
| 03/03/2025 | SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion 14 附件： 1:(Exhibit 2) 2:Exhibit 1 3:Declaration in Support of Motion |
| 03/03/2025 | SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order |
| 03/03/2025 | SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates |
| 03/03/2025 | MEMORANDUM by XYZ Corporation in support of motion for leave to file 11 附件： 1:(Exhibit 3) 2:Declaration of Sandy Zhuang 3:Exhibit 1 4:Declaration of Ann Marie Sullivan 5:Exhibit 2 |
| 03/03/2025 | MOTION by Plaintiff XYZ Corporation for leave to file certain documents under seal and to temporarily proceed under pseudonym |
| 02/27/2025 | SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Complaint 附件： 1:(Exhibit 2 - Schedule A) 2:Exhibit 1 |
| 02/27/2025 | (REDACTED) AMENDED complaint by XYZ Corporation against The Partnerships Identified on Schedule A |
| 02/12/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Gouthami Vanam Tufts |
| 02/11/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by John Joseph Mariane, IV |
| 02/03/2025 | 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. |
| 02/03/2025 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3). |
| 02/03/2025 | MAILED Copyright report to Registrar, Washington DC |
| 02/03/2025 | 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. |
| 02/03/2025 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3). |
| 02/01/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 01/31/2025 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
| 01/31/2025 | CIVIL Cover Sheet |
| 01/31/2025 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted) 附件： 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
| 01/31/2025 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-23033059. |
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