2023-cv-00938
日期 | 描述 |
---|---|
07/05/2023 | RETURN of U.S. Post Office Receipt, article no 7019 2280 0000 0963 1965. |
06/07/2023 | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Advance Magazine Publishers Inc, to Justin R. Gaudio Greer Burns & Crain Ltd 300 South Wacker Drive Suite 2500 Chicago, IL 60606 via certified mail # 7019 2280 0000 0963 1965. |
06/07/2023 | MAILED MAILED original ten-thousand-dollar ($10,000) surety bond posted by Advance Magazine Publishers Inc, to Justin R. Gaudio Greer Burns & Crain Ltd 300 South Wacker Drive Suite 2500 Chicago, IL 60606 via certified mail # 7019 2280 0000 0963 1965. |
06/01/2023 | DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 6/1/2023. Mailed notice (Main Document 58 replaced on 6/2/2023). |
06/01/2023 | ORDER: In the court's 4/21/2023 minute entry 49, it gave all defendants until 5/4/2023 to object to plaintiff's motion for entry of default and default judgment 45. The court grants plaintiff's motion 45 for entry of default and default judgment against all defendants identified on Schedule A attached to the court's order. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its copyright causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr. Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 6/1/2023.Mailed notice |
06/01/2023 | CONSENT JUDGMENT as to defendant Taiyuanzhuohanamaoyiyouxiangongsi (Defendant No. 94) Signed by the Honorable Martha M. Pacold on 6/1/2023: |
06/01/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 48 is granted. Defendant Taiyuanzhuohanamaoyiyouxiangongsi is dismissed without prejudice with leave to reinstate via motion filed by 11/28/2023. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Enter consent judgment. |
05/12/2023 | MINUTE entry before the Honorable Martha M. Pacold: On 4/19/2023, plaintiff filed a motion to approve a consent judgment with defendant Taiyuanzhuohanamaoyiyouxiangongsi. 48. On 4/21/2023 this court directed those parties to submit, by 5/4/2023, a revised proposed consent judgment clarifying the proposal with respect to the court's retention of jurisdiction. 50. No revised proposal has been entered. On the court's own motion, the deadline for those parties to submit a revised proposed consent judgment is extended to 5/19/2023. |
05/12/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 51 is granted. Defendants chencaidedianpu and xingyuanhaibao are dismissed. Plaintiff has already filed an amended schedule A on the docket. 52. |
05/11/2023 | AMENDED exhibit[2] Amended Schedule A |
05/11/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint Instanter |
04/21/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the motion to approve the consent judgment, 48, and the proposed consent judgment submitted by the parties. The court directs the parties to submit by 5/4/2023 a revised proposed consent judgment which clarifies and incorporates the parties' proposal with respect to this court's retention of jurisdiction. In particular, the motion seeking approval of the consent judgment requests that the court retains jurisdiction over this matter for "at least" 180 days so that the matter may be "fully resolved," and that "[o]nce the terms of the proposed Consent Judgment are fully executed, the dismissal with leave converts to a dismissed with prejudice[.]" 48 at 4. However, the proposed consent judgment (which includes a permanent injunction) does not include any proposed limits on the duration of the court's retention of jurisdiction. |
04/21/2023 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 45 must enter an appearance and file a written objection by 5/4/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
04/19/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. to approve consent judgment as to a Certain Defendant 附件: 1:Exhibit A |
04/19/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[46] 附件: 1:Exhibit 1 |
04/19/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for entry of default, motion for default judgment, [45] 附件: 1:Exhibit 1 |
04/19/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for entry of default, MOTION by Plaintiff Advance Magazine Publishers Inc. for default judgment as to all Defendants with the Exception of a Certain Defendant 附件: 1:Exhibit A |
04/14/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 42 is granted. Defendant Mislojade Official Store is dismissed. Plaintiff has already filed an amended Schedule A, 43, on the docket. |
04/13/2023 | AMENDED exhibit[2] Amended Schedule A |
04/13/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint Amended Schedule A |
04/11/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [39] is granted. Plaintiff has already filed an amended Schedule A, [40], on the docket. Defendants Jincancan Art Headquarters and (guanbin)GENOBL are terminated. |
04/07/2023 | AMENDED exhibit 2 Amended Schedule A |
04/07/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint as to certain defendants |
03/31/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend the pleadings 35 is granted. Plaintiff's "notice of voluntary dismissal as to certain defendants" under Rule 41(a)(1) 34, is improper, see Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015), but its motion to amend and amended schedule A dispose of the same defendants. Plaintiff has already filed an amended Schedule A, 36, on the docket. Defendants JCANHVLA ART, Laimeizi, MiniPinch Shop, wall67, and wangjirongdexiaodian are terminated. |
03/31/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Rachel S Miller |
03/30/2023 | AMENDED exhibit[2] Amended Schedule A |
03/30/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for Leave to Amend Schedule A to the Complaint instanter |
03/30/2023 | NOTICE of Voluntary Dismissal by Advance Magazine Publishers Inc. as to certain defendants |
03/20/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 30 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/27/2023. |
03/17/2023 | SUMMONS Returned Executed by Advance Magazine Publishers Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/17/2023, answer due 4/7/2023. 附件: 1:Declaration of Quinn Guillermo 2:(Exhibit A) |
03/17/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for preliminary injunction 30 附件: 1:Declaration of Jake M. Christensen 2:(Exhibit 1) |
03/17/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for preliminary injunction 附件: 1:(Exhibit A) |
03/10/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instatner 27 is granted. Defendants DN-house and Waou are dismissed. Plaintiff has already filed the amended Schedule A on the docket 28. |
03/09/2023 | AMENDED exhibit[2] as to certain defendants |
03/09/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Leave to Amend Schedule A to the Complaint as to certain defendants |
03/06/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order [24] is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO [19] entered on 2/22/2023 is extended until 3/22/2023. |
03/03/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of extension of time 24 附件: 1:(Declaration of Jake M. Christensen) |
03/03/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for extension of time of Temporary Restraining Order |
02/23/2023 | SURETY BOND in the amount of $ 10,000.00 posted by Advance Magazine Publishers Inc. |
02/24/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
02/22/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
02/22/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
02/22/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/22/2023: |
02/22/2023 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for electronic service of process [16] and for leave to file under seal [3] are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [11] is 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 defendants, stopping defendants' 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
02/17/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17 附件: 1:Exhibit 1 2:(Exhibit 2) |
02/17/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for miscellaneous relief 16 |
02/17/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
02/17/2023 | SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Exhibit 4 - Parts 1 - 5 regarding declaration 14 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:(Exhibit 5) |
02/17/2023 | DECLARATION of Eric Gisolfi regarding memorandum in support of motion 12 附件: 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3) |
02/17/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
02/17/2023 | MEMORANDUM by Advance Magazine Publishers Inc. in support of motion for temporary restraining order 11 |
02/17/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
02/15/2023 | 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. |
02/15/2023 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. |
02/15/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Quinn Bradley Guillermo |
02/15/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Jake Michael Christensen |
02/15/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Amy Crout Ziegler |
02/15/2023 | ATTORNEY Appearance for Plaintiff Advance Magazine Publishers Inc. by Justin R. Gaudio |
02/15/2023 | Notice of Claims Involving Trademarks by Advance Magazine Publishers Inc. |
02/15/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Advance Magazine Publishers Inc. |
02/15/2023 | CIVIL Cover Sheet |
02/15/2023 | MOTION by Plaintiff Advance Magazine Publishers Inc. for leave to file under seal |
02/15/2023 | SEALED EXHIBIT by Plaintiff Advance Magazine Publishers Inc. Schedule A regarding complaint[1] |
02/15/2023 | COMPLAINT filed by Advance Magazine Publishers Inc.; Filing fee $ 402, receipt number AILNDC-20351421. 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |