最近更新:2024-12-25
更新

2023-cv-05253

Legend Pictures, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:08/09/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
11/13/2023 RETURN of U.S. Post Office Receipt, Article No. 7019 2280 0000 0962 5667.
11/03/2023 MAILED Surety Bond previously deposited with the Clerk of the Court 20 in the Amount of eighteen thousand dollar ($18,000) to LEGEND PICTURES or its counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 by Certified Mail, Article No. 7019 2280 0000 0962 5667.
11/03/2023 MAILED Surety Bond previously deposited with the Clerk of the Court [20] in the Amount of eighteen thousand dollar ($18,000) to LEGEND PICTURES or its counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 by Certified Mail, Article No. 7019 2280 0000 0962 5667.
11/02/2023 DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 11/2/2023.
11/02/2023 MINUTE entry before the Honorable Nancy L. Maldonado:Motion hearing held on 11/2/2023 via WebEx. No Defendant appeared or objected to the motion for default judgment. Plaintiff's motion for default judgment as to the Defendants identified in the amended Schedule A [25] is granted. Judgment is entered in favor of the Plaintiff and against each of the Defendants identified in the amended Schedule A who have not yet been dismissed in the amount of $10,000 for willful trademark infringement and $10,000 for willful copyright infringement. Enter final judgment order. Civil case terminated.
10/17/2023 SUPPLEMENT to motion for default judgment 25, motion hearing, set/reset hearings, 28, memorandum in support of motion 26 Plaintiff's Supplemental Memorandum in Support of its Motion for Entry of Default and Default Judgment Against the Defendants Identified in [Amended] Schedule A
附件:
1:(Declaration of Legend Pictures, LLC)
10/10/2023 MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendant No. 14 yimeimaqin is dismissed without prejudice.
10/08/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 14 yimeimaqin
10/05/2023 MINUTE entry before the Honorable Nancy L. Maldonado: In light of the Court's prior order [34], the default judgment hearing set for 10/12/2023 is reset for 11/02/2023 at 10:30 via WebEx video conference. The dial in number for the public is 650-479-3207; Access code: 23048838933. A copy of this order should be provided to Defendants.
10/04/2023 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for an extension until October 17, 2023 to file their supplemental memorandum in support of default judgment [33] is granted for the reasons stated in the motion.
10/03/2023 MOTION by Plaintiff Legend Pictures, LLC for extension of time to file supplemental memorandum
09/21/2023 NEW PARTIES: baybayyou1118, hanmao89, liujinteng1547, liw.go-0, mayif-37, ming446, mu36693-8, nmbu16, rao22173, tut8-9, xiaozhidingdangdianzishangwu, xue4562, yanwa-89, yimeimaqin, yon464516, zh-308862, zhangy-9471 and zhengtong_97 added to case caption.
09/20/2023 TRANSCRIPT OF PROCEEDINGS held on 09/19/23 before the Honorable Nancy L. Maldonado. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC jenny.uscra@yahoo.com (312)435-5895. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/11/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/19/2023.
09/20/2023 PRELIMINARY INJUNCTION. Signed by the Honorable Nancy L. Maldonado on 9/20/2023. Notices mailed.
09/20/2023 MINUTE entry before the Honorable Nancy L. Maldonado: In light of Plaintiff's filing of a certificate of service [27], and given that no Defendant has appeared or objected to the entry of a preliminary injunction, Plaintiff's motion for a preliminary injunction [21] is granted as unopposed. Enter Preliminary Injunction. Notices mailed.
09/19/2023 CERTIFICATE of Service by Plaintiff Legend Pictures, LLC regarding motion hearing, set/reset hearings, [28]
09/19/2023 MINUTE entry before the Honorable Nancy L. Maldonado:Motion hearing held on 9/19/23. Defendants were not present. Counsel report that they provided notice of today's hearing to the Defendants. As noted on the record, Plaintiff must file a certificate of service demonstrating it provided notice of today's hearing, and after the certificate is filed the Court will grant the motion and enter the preliminary injunction. As to the motion for default and default judgment [25]: as discussed on the record, the Court enters default as to all the Defendants under Rule 55(a) based on their failure to appear or answer. A supplemental memorandum in support of default judgment is due by 10/03/23. A default judgment hearing is set for 10/12/23 at 11:00 a.m. by Webex video conference. The dial in number for the public is 650-479-3207; Access code: 23096892963. A copy of this order should be provided to Defendants.
09/19/2023 CERTIFICATE of Service by Plaintiff Legend Pictures, LLC regarding set/reset hearings, [24]
09/18/2023 MEMORANDUM by Legend Pictures, LLC in support of motion for default judgment[25]
附件:
1:Exhibit 1
2:Exhibit 2
3:Declaration of Keith A. Vogt
09/18/2023 MOTION by Plaintiff Legend Pictures, LLC for default judgment as to The Defendants Identified In Amended Schedule A
08/28/2023 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for preliminary injunction 21 is set for a hearing on 9/19/2023 at 10:30 a.m. via Webex video conference. The dial-in number for the public is 650-479-3207; the access code is 2315 137 8504. The parties will receive a WebEx invitation by email. Plaintiff must serve a copy of its motion for preliminary injunction, as well as this minute order providing notice of the hearing, on all Defendants. Defendants shall have until prior to the hearing on 9/11/2023 to appear and file any objection to the motion. As the hearing is scheduled for after the expiration of the TRO, the Court, sua sponte, finds good cause to extend the duration of the temporary restraining order for another 21 days until 09/21/2023.2315 137 8504.
08/25/2023 SUMMONS Returned Executed by Legend Pictures, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/25/2023, answer due 9/15/2023.
附件:
1:(Declaration of Service)
08/25/2023 MEMORANDUM by Legend Pictures, LLC in support of motion for preliminary injunction 21
附件:
1:Declaration of Keith A. Vogt
2:(Exhibit 1, of Keith A. Vogt's declaration)
08/25/2023 MOTION by Plaintiff Legend Pictures, LLC for preliminary injunction
08/23/2023 SURETY BOND in the amount of $ 18,000 posted by Legend Pictures, LLC. (Document not Scanned)
08/18/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
08/17/2023 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 8/17/2023. Mailed notice.
08/17/2023 MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal [12], for leave to file excess page, [13], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [14], are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendant, stopping Defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. 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. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. The Court also notes that, while some judges in this district, including the undersigned, have questioned the propriety of joinder of numerous defendants in such "Schedule A" cases, the Court finds that there are sufficient facts in the record to support joinder of the 18 named defendants in the Amended Schedule A at this time. The record reflects the Defendants each sell an identical product, with an identical or nearly identical product description, for around the same price, all on the same commerce platform. The Court thus finds joinder appropriate at least at this early pleading stage. If any defendant appears, they are free to raise any objection to joinder. Plaintiff shall deposit with the Clerk of Court eighteen thousand dollars ($18,000.00), either cash or surety bond, as security.
08/10/2023 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
08/09/2023 SEALED EXHIBIT by Plaintiff Legend Pictures, LLC Sealed Exhibit 3, Declaration of Legend Pictures, LLC regarding memorandum in support of motion, [15]
08/09/2023 MEMORANDUM in support of [14] Exparte motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Legend Pictures, LLC
4:Exhibit 1, of Legend Pictures, LLC's declaration
5:Exhibit 2, of Legend Pictures, LLC's declaration
08/09/2023 MOTION by Plaintiff Legend Pictures, LLC for leave to file excess pages
08/09/2023 MOTION by Plaintiff Legend Pictures, LLC for leave to file under seal
08/09/2023 SEALED DOCUMENT by Plaintiff Legend Pictures, LLC [Amended] Schedule A to Complaint [1] and Schedule A to Complaint [2]
08/09/2023 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.
08/09/2023 CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment.
08/09/2023 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Legend Pictures, LLC
08/09/2023 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Monica Rita Martin
08/09/2023 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Cameron Eugene Mcintyre
08/09/2023 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Adam Grodman
08/09/2023 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yi Bu
08/09/2023 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yanling Jiang
08/09/2023 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Keith A. Vogt
08/09/2023 CIVIL Cover Sheet
08/09/2023 SEALED DOCUMENT by Plaintiff Legend Pictures, LLC Schedule A to Complaint 1
08/09/2023 COMPLAINT filed by Legend Pictures, LLC; Filing fee $ 402, receipt number AILNDC-20910929.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:(Exhibit 5)

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