最近更新：2025-02-25
2024-cv-03527
| 日期 | 描述 |
|---|---|
| 08/08/2024 | ORDER TO RELEASE BOND TO PLAINTIFF Signed by the Honorable LaShonda A. Hunt on 8/8/2024. Emailed notice. |
| 08/08/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for release of bond 55 is granted. Enter release order. No appearance is necessary on 8/13/24. Emailed notice. |
| 08/06/2024 | NOTICE of Motion by Quinn Bradley Guillermo for presentment of motion for miscellaneous relief[55] before Honorable LaShonda A. Hunt on 8/13/2024 at 10:00 AM. |
| 08/06/2024 | MOTION by Plaintiff Kendra Scott, LLC for Release of Bond |
| 08/05/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Notice of Dismissal under Rule 41(a)(1) [53], this action is being dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. Emailed notice. |
| 08/02/2024 | NOTICE of Voluntary Dismissal by Kendra Scott, LLC as to certain defendant |
| 08/01/2024 | ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Quinn Bradley Guillermo |
| 07/02/2024 | NEW PARTIES: Yiwu Kameng Jewelry Co., Ltd. added to case caption. |
| 07/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 50. Summons were executed on 6/24/24, and Defendants' responses to the complaint are due by 7/15/24 46. By 8/14/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
| 07/02/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 7/2/2024. Emailed notice. |
| 07/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 43, which the Court now considers unopposed because no Defendant filed a notice of objection by the 7/1/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 34, 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 46 48 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 Amended Schedule A 31 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 06/26/2024 | CERTIFICATE of Service by Plaintiff Kendra Scott, LLC regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, set deadlines/hearings, terminate deadlines and hearings, 47 附件： 1:(Exhibit A) |
| 06/25/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction [43] is taken under advisement. A telephonic motion hearing is set for 7/2/24, at 9:30AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 7/1/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. 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. No appearance is necessary on 6/27/24. Mailed notice. |
| 06/24/2024 | SUMMONS Returned Executed by Kendra Scott, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/24/2024, answer due 7/15/2024. 附件： 1:Declaration of Thomas J. Juettner 2:Exhibit A |
| 06/24/2024 | NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction[43] before Honorable LaShonda A. Hunt on 6/27/2024 at 10:00 AM. 附件： 1:Exhibit A |
| 06/24/2024 | MEMORANDUM by Kendra Scott, LLC in support of motion for preliminary injunction[43] 附件： 1:Declaration of Rachel S. Miller 2:Exhibit 1 |
| 06/24/2024 | MOTION by Plaintiff Kendra Scott, LLC for preliminary injunction 附件： 1:Exhibit A |
| 06/11/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order 37 is granted. The TRO is extended to 7/1/24 for the reasons stated in the order granting the initial TRO 35. No appearance is necessary on 6/13/24. Mailed notice. |
| 06/11/2024 | INJUNCTION BOND in the amount of $ 10,000 posted by Kendra Scott, LLC (Document not scanned) (Received via the Clerk's Office drop box on 6/11/24) |
| 06/11/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (evw,) |
| 06/10/2024 | NOTICE of Motion by Rachel S Miller for presentment of extension of time[37] before Honorable LaShonda A. Hunt on 6/13/2024 at 10:00 AM. |
| 06/10/2024 | DECLARATION of Rachel S. Miller regarding memorandum in support of motion[38] |
| 06/10/2024 | MEMORANDUM by Kendra Scott, LLC in support of extension of time[37] |
| 06/10/2024 | MOTION by Plaintiff Kendra Scott, LLC for extension of time of Temporary Restraining Order |
| 06/07/2024 | Registry Deposit Information Form by Kendra Scott, LLC |
| 06/03/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/3/2024.Mailed notice |
| 06/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed Plaintiff's Amended Complaint [30] and Amended Schedule A [31] which remedy the misjoinder. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the domain names, a temporary asset restraint, and expedited discovery [14] is granted in part as follows. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, 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 her intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Expedited discovery is warranted to identify defendants and implement the asset freeze. However, Plaintiff has not demonstrated that a transfer of domain names is necessary at this juncture of the case. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Furthermore, Plaintiff's motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [19] is granted. Plaintiff may effectuate service of process by email and electronic publication. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with this online marketplace defendant. Enter Sealed Temporary Restraining Order. No appearance is necessary on 6/4/24. Mailed notice |
| 05/29/2024 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 19, motion for temporary restraining order 14 before Honorable LaShonda A. Hunt on 6/4/2024 at 10:00 AM. |
| 05/29/2024 | SEALED EXHIBIT by Plaintiff Kendra Scott, LLC Revised Exhibit 3 regarding declaration 17 |
| 05/29/2024 | SEALED EXHIBIT by Plaintiff Kendra Scott, LLC Amended Schedule A regarding amended complaint 30 |
| 05/29/2024 | AMENDED complaint by Kendra Scott, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 05/24/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Kendra Scott, LLC filed this trademark infringement suit 1 against 28 defendant stores, alleging infringement of various trademarks used by Plaintiff to sell luxury fashion products, including fashion jewelry. Plaintiff filed a memorandum 23 in which it purported that joinder was proper among all 28 defendants because defendants allegedly all began the purported infringing activity at the same time, use nondescript Seller Aliases, don't provide credible information regarding their physical addresses, and show evidence of market coordination through use of the same advertising and marketing strategies to target consumers. Further, Plaintiff alleges that joinder is proper because defendants use unique identifiers, such as templates with common design elements. The Court is not persuaded. All of these arguments have been repeatedly rejected by courts in this district as grounds for mandatory joinder, and with good reason. See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). If the Court were to adopt Plaintiff's logic, the number of potential defendants who can be joined in one action would be endless and the purpose of Fed. R. Civ. P. 20, which is to ensure that only claims arising from the same transaction or occurrence are litigated in a single action, would be undermined. While this Court may consider allowing multi-defendant infringement actions like this to proceed under permissive joinder, doing so must "comport with the principles of fundamental fairness." Estee Lauder v. Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). The continuing harm to plaintiffs who seek immediate relief from courts to protect their intellectual property rights and prevent further economic loss is an important factor. But equally important is the due process rights of each defendant against whom ex parte relief, including the extraordinary remedy of freezing all their assets without notice and potentially ruining a legitimate business, is sought, as well as the Court's interest in promoting judicial economy when asked to manage hundreds of defendants in one case and review hundreds of pages of evidentiary submissions to ensure that injunctive relief is warranted. Under these circumstances, the Court finds that Plaintiff has not shown that joinder of all 28 defendants is proper. By 6/3/24, Plaintiff may file an Amended Schedule A under seal with a significantly smaller subset of defendants consistent with this ruling, along with a supplement identifying relevant screenshot information for those defendants in the prior filings or it may reattach the relevant pages for ease of court review. Otherwise, the Court may exercise its discretion to sever and dismiss parties without prejudice to cure the misjoinder here. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Mailed notice. |
| 05/10/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's amended motion for leave to file under seal 27 is granted. The documents filed at 2, 18 shall remain under seal pending further order of the Court. Plaintiff is reminded that all motions must be noticed for presentment in accordance with Judge Hunt's case management procedures. Future non-compliant motions may be stricken. Mailed notice |
| 05/09/2024 | MOTION by Plaintiff Kendra Scott, LLC for leave to file under seal - Amended |
| 05/07/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On 5/2/24, Plaintiff filed a declaration of Adrienne T. Montes in support of its request for temporary injunctive relief [17], with exhibit 3 to the Montes declaration being filed under seal [18]. Plaintiff initially requested permission to seal two documents: Schedule A attached to the Complaint, and exhibit 3 to the declaration of Lilly Turnquist [3]. By 5/9/24, Plaintiff is directed to file an amended motion to seal which identifies the proper declarant offering an exhibit to remain under seal. Motions due by 5/9/2024.Mailed notice |
| 05/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for a temporary restraining order including a temporary injunction, temporary transfer of the domain names, temporary asset restraint, and expedited discovery 14 and Plaintiff's motion for electronic service of process 19 are taken under advisement. No appearance is necessary on 5/7/24. Mailed notice |
| 05/02/2024 | DECLARATION of Justin R. Gaudio regarding memorandum[23] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:Exhibit 8 |
| 05/02/2024 | MEMORANDUM by Kendra Scott, LLC Establishing that Joinder is Proper |
| 05/02/2024 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[19], motion for temporary restraining order[14] before Honorable LaShonda A. Hunt on 5/7/2024 at 10:00 AM. |
| 05/02/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 05/02/2024 | MEMORANDUM by Kendra Scott, LLC in support of motion for miscellaneous relief[19] |
| 05/02/2024 | MOTION by Plaintiff Kendra Scott, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 05/02/2024 | SEALED EXHIBIT by Plaintiff Kendra Scott, LLC Exhibit 3 - Parts 1-7 regarding declaration 17 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:Exhibit 3-4 5:Exhibit 3-5 6:Exhibit 3-6 7:(Exhibit 3-7) |
| 05/02/2024 | DECLARATION of Adrienne T. Montes regarding memorandum in support of motion[15] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 05/02/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 05/02/2024 | MEMORANDUM by Kendra Scott, LLC in support of motion for temporary restraining order[14] |
| 05/02/2024 | MOTION by Plaintiff Kendra Scott, LLC for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery |
| 05/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [3] is granted in part. The document filed at [2] shall remain under seal pending further order of the Court. Mailed notice |
| 05/02/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 05/02/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 05/01/2024 | 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. |
| 05/01/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). |
| 05/01/2024 | ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Thomas Joseph Juettner |
| 05/01/2024 | ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Rachel S Miller |
| 05/01/2024 | ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Amy Crout Ziegler |
| 05/01/2024 | ATTORNEY Appearance for Plaintiff Kendra Scott, LLC by Justin R. Gaudio |
| 05/01/2024 | Notice of Claims Involving Trademarks by Kendra Scott, LLC |
| 05/01/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kendra Scott, LLC |
| 05/01/2024 | CIVIL Cover Sheet |
| 05/01/2024 | MOTION by Plaintiff Kendra Scott, LLC for leave to file under seal |
| 05/01/2024 | SEALED EXHIBIT by Plaintiff Kendra Scott, LLC Schedule A regarding complaint[1] |
| 05/01/2024 | COMPLAINT filed by Kendra Scott, LLC; Filing fee $ 405, receipt number AILNDC-21918156. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
案件最新进展，来源于美国联邦法院，下载文件请联系 18523047090 微信同号
被告名单文件：部分原告会选择隐匿发案，或者对提交的文件进行密封处理，因此包括被告信息在内的相关文件不会在前期公开（一般PI阶段左右才会公开）。
诉状：诉状通常包括原被告的基本信息、侵权行为、侵权类型，以及诉讼请求，如确认侵权、下架侵权产品、请求赔偿等，这个文件起诉就可以下载
案件每天自动更新，未及时更新的可点击 案件名称旁边 更新 按钮
