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2024-cv-07631
| 日期 | 描述 |
|---|---|
| 10/28/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Pursuant to Plaintiff's notice of voluntary dismissal 22 and Fed. R. Civ. P. 41(a)(1)(A)(i), this matter is dismissed without prejudice as to all defendants with each party to bear its own costs and fees. All pending motions, hearings, and deadlines are stricken. Civil case terminated. Mailed notice |
| 10/20/2024 | NOTICE of Voluntary Dismissal by Hongying Wang |
| 10/11/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 12 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 68 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). The Court observes that plaintiff's memorandum includes conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the 68 defendants are infringing upon plaintiff's design patent, plaintiff claims only generally that joinder is proper because "[t]here are numerous characteristics between the remaining Defendants' e-commerce stores that suggest common ownership and/or common supplier." Dkt. 12 at 1. First, "it is not enough for a plaintiff to simply allege that multiple defendants have infringed the same patent or trademark to meet Rule 20's requirements." Estee Lauder, 334 F.R.D. at 187; Bose Corp. v. The P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 511, 514 (N.D. Ill. 2020) (quoting AF Holdings, LLC v. Does 1-1058, 752 F.3d 990, 998 (D.C. Cir. 2014)) ("simply committing the same type of violation in the same way does not link defendants together for purposes of joinder."). Moreover, plaintiff's conclusory statement about a logical relationship that is not accompanied by "specific facts, or other well-pleaded allegations" to support it does not satisfy Rule 20(a)(2). Viking Arm AS v. The P'ships & Unincorporated Ass'ns Identified on Schedule A, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024). The only specific and non-conclusory example given is that Defendant #s 1, 2, 11, 12, and 17 "used identical/substantially identical images of the counterfeit butter knives and priced them in a similar range." Doc. 12 at 1. This single example is insufficient to establish that all 68 defendants in this case are "part of a network of infringers" or that there is "substantial evidentiary overlap in the claims against each of them." Tang v. The P'ships & Unincorporated Ass'ns Identified on Schedule A, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024). At most, plaintiff has identified that one small subset of defendants who are using substantially similar images and pricing are connected to one another, but that does not demonstrate sufficiently similarity as to all of the defendants. Accordingly, the joinder of 68 defendants in this case is improper under Rule 20(a)(2). By 10/18/2024, plaintiff is ordered to amend the complaint to eliminate all improperly joined defendants. Plaintiff's motion to file certain documents under seal 9 is granted. Plaintiff's motion for temporary restraining order 10 is denied without prejudice. Mailed notice |
| 09/13/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The joinder issue remains under advisement. Telephone status hearing set for 9/19/2024 is stricken. Mailed notice |
| 08/30/2024 | MAILED Patent report to Patent Trademark Office, Alexandria VA. |
| 08/28/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/28/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/28/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/28/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/28/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/28/2024 | AMENDED complaint by Hongying Wang against The Partnerships And Unincorporated Associations Identified On Schedule A 附件： 1:Exhibit 2:Exhibit 3:Exhibit 4:(Exhibit) |
| 08/28/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang Memorandum |
| 08/23/2024 | SEALED MOTION by Plaintiff Hongying Wang 附件： 1:Supplement 2:(Declaration) |
| 08/23/2024 | SEALED MOTION by Plaintiff Hongying Wang 附件： 1:(Supplement memorandum of law) |
| 08/23/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/23/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/23/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/23/2024 | SEALED DOCUMENT by Plaintiff Hongying Wang |
| 08/23/2024 | AO 120 by Hongying Wang |
| 08/23/2024 | CIVIL Cover Sheet |
| 08/23/2024 | ATTORNEY Appearance for Plaintiff Hongying Wang by Lance Y. Liu |
| 08/23/2024 | COMPLAINT filed by Hongying Wang; July Demand. Filing fee $ 405, receipt number AILNDC-22397692. 附件： 1:Exhibit 2:Exhibit 3:Exhibit 4:(Appendix) |
