最近更新：2024-12-25
2023-cv-16307
| 日期 | 描述 |
|---|---|
| 04/01/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received a "Notice of Dismissal" which seeks to dismiss defendant No. 12 HOOHIKI without prejudice. This case is closed, as default judgment has already been entered against every defendant remaining on Schedule A to plaintiff's complaint 45, 46. Moreover, defendant No. 12 HOOHIKI was not included in Schedule A at the time the court entered its default judgment order 46. It appears that plaintiff omitted defendant No. 12 HOOHIKI from its amended schedule A form but inadvertently failed to note the omission. Compare 35 (including the defendant), with 42 (omitting the defendant). Based on plaintiff's omission of defendant No. 12 HOOHIKI from plaintiff's amended Schedule A form, defendant No. 12 HOOHIKI is dismissed without prejudice. This case remains closed. |
| 03/29/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no.12 HOOHIKI |
| 02/28/2024 | RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7777 68. |
| 02/21/2024 | MAILED Surety Bond and order dated 2/20/2024 via certified mail (Article #9589071052700579777768) to Keith Vogt Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604. |
| 02/20/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 2/20/2024: Mailed notice. |
| 02/20/2024 | ORDER : No defendant has responded to plaintiff's motion for entry of default and default judgment 28. The motion is granted. 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 in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of plaintiff's copyrights causes plaintiff irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith Vogt Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604, via certified mail. Enter Default Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 2/20/2024: Mailed notice. |
| 02/20/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal 41, which seeks to voluntarily dismiss defendant No. 32 Naesala Biris under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. 32 Naesala Biris from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A form is already on the docket 42. |
| 02/02/2024 | MAILED copyright report to Registrar, Washington DC. |
| 01/25/2024 | Amended Schedule A 2 by Cecilia Granata |
| 01/25/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 32 Naesala Biris |
| 01/23/2024 | MINUTE entry before the Honorable Martha M. Pacold: Defendants Personalized Towel, Amlion Store, and Aolun Decor's unopposed motion to withdraw docket entry Nos. 36 and 37 38 is granted. The filings represented at docket numbers 36 and 37 are stricken. |
| 01/23/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal 34, which seeks to voluntarily dismiss defendants No. 54 ELFINDEA, No. 55 Gudake Maoyi, No. 57 YanNanKe Store, No. 58 Skartam Store, and No. 59 Amlion Store under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 54 ELFINDEA, No. 55 Gudake Maoyi, No. 57 YanNanKe Store, No. 58 Skartam Store, and No. 59 Amlion Store from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A form is already on the docket 35. |
| 01/17/2024 | MOTION by Defendants Amlion Store, Aolun Decor, Personalized Towel to withdraw motion for extension of time to file answer 37, attorney appearance 36 |
| 01/16/2024 | MOTION by Defendants Amlion Store, Aolun Decor, Personalized Towel for extension of time to file answer regarding complaint[1] |
| 01/16/2024 | ATTORNEY Appearance for Defendants Amlion Store, Personalized Towel, Aolun Decor by Timothy Tiewei Wang |
| 01/16/2024 | Amended Schedule A 2 by Cecilia Granata |
| 01/16/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants |
| 01/16/2024 | CERTIFICATE of Service by Plaintiff Cecilia Granata regarding set motion and R&R deadlines/hearings, 31 |
| 01/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plantiff's notice of voluntary dismissal 27, 30, which seeks to voluntarily dismiss defendants myPrecious, HoangNguyenStore, Wall decorationZ, RICO PFUELLER, MingTing Home Art, One tumbler, Recrtain, Wudi Yuhua Grain and Oil Trading Co., Ltd., chenzebinjyfe, ChinhVTStore, Odile Store, Giodo Store, QualitySStore, HKV Store, chenzjie3462, JunZhi Store, Sunflowerrrr, rong textiles, ArtHandMadeShop, bamboo ink art, ZIYANYAN, WallPlate, SEAMPLE STORE, and JXQCWY under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants myPrecious, HoangNguyenStore, Wall decorationZ, RICO PFUELLER, MingTing Home Art, One tumbler, Recrtain, Wudi Yuhua Grain and Oil Trading Co., Ltd., chenzebinjyfe, ChinhVTStore, Odile Store, Giodo Store, QualitySStore, HKV Store, chenzjie3462, JunZhi Store, Sunflowerrrr, rong textiles, ArtHandMadeShop, bamboo ink art, ZIYANYAN, WallPlate, SEAMPLE STORE, and JXQCWY from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 1/19/24, plaintiff should file the amended Schedule A form on the docket. |
| 01/16/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for default judgment 28. The court will take the motion under advisement and will consider it unopposed if defendants do not appear and object by 1/24/2024. Plaintiff shall promptly serve defendants with this notice and file a certificate of service on the docket. |
| 01/11/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants |
| 01/11/2024 | MEMORANDUM by Cecilia Granata in support of motion for default judgment 28 附件： 1:Exhibit 1 2:Exhibit 2 3:(Declaration of Keith A. Vogt) |
| 01/11/2024 | MOTION by Plaintiff Cecilia Granata for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A |
| 01/08/2024 | NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants |
| 12/29/2023 | NEW PARTIES: GIFTSSMART, Astyxnan, xiaoxianchangchengshangmaoyouxiangongsi, myPrecious, JXQCWY, Yuxiang Art, Anime Porn Poster, MingTing Home Art, Wintialy, OVERMAL Direct, JunZhi Store, HOOHIKI, AP Lunch Bag Store, Recrtain, Wudi Yuhua Grain and Oil Trading Co., Ltd., Wudi Yuhua Grain and Oil Trading Co., Ltd., Sunflowerrrr, ChinhVTStore, 256COLORBLUE, chenzebinjyfe, DOVYTA, YangChunLongycl01, TlekkDo, Polotank, RICO PFUELLER, HoangNguyenStore, DongBiaoXiaoDian, Gergeos Deals Today 2023, SHUIXA, Odile Store, chenzhiwu889art, ESSENTIAL SELECTION and Naesala Biris added to case caption. |
| 12/30/2023 | NEW PARTIES: ESSENTIAL SELECTION added to case caption. Terminating ESSENTIAL SELECTION |
| 12/29/2023 | NEW PARTIES: luoxushengccc, linmouyrhnb, foshangshinanhaiqugengdonrongkejiyouxiangongsi, HKV Store, ELFINDEA, Gudake maoyi, Snick Store, YanNanKe Store, Skartam Store, Amlion Store, azhobbyshop, BiSignature, guoerning7075, Galaxy Rainy, One tumbler, rong textiles, Wall decorationZ, ArtHandMadeShop, ZIYANYAN, bamboo ink art, Renoira and WallPlate added to case caption. |
| 12/29/2023 | NEW PARTIES: chenliyyishu, EhipStyles, HAQEcome, DAO TRAN CHIEN, Syyyy sign, chuitianshangmao, SEAMPLE STORE, 41 Giodo Store, xianyouxianlonghuazhenwenyongbinxiemaodian, LEONIZO ROKS, 44 chenzjie3462, Strong equipment, QualitySStore, YiChangKunPengShangMaoYouXianGongSi, yunakesa, The sound of waves and luoxushengccc added to case caption. |
| 12/29/2023 | NEW PARTIES: chenliyyishu, EhipStyles, HAQEcome, DAO TRAN CHIEN, Syyyy sign, chuitianshangmao, SEAMPLE STORE, 41 Giodo Store, xianyouxianlonghuazhenwenyongbinxiemaodian, LEONIZO ROKS, 44 chenzjie3462, Strong equipment, QualitySStore, YiChangKunPengShangMaoYouXianGongSi, yunakesa, The sound of waves and luoxushengccc added to case caption. |
| 12/28/2023 | ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/28/2023: Mailed notice |
| 12/28/2023 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. |
| 12/28/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/28/2023: |
| 12/28/2023 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction 18. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction 18 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the complaint 2 to the court's docket within five business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
| 12/15/2023 | CERTIFICATE of Service by Plaintiff Cecilia Granata regarding set motion and R&R deadlines/hearings, 21 |
| 12/15/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction 18. The court has taken the motion for preliminary injunction 18 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/20/2023. Plaintiff shall serve defendants with this notice and file a certificate of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in plaintiff's memorandum in support of plaintiff's motion for preliminary injunction 19, the TRO is further extended to and including the date on which 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). To the extent this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. |
| 12/11/2023 | SUMMONS Returned Executed by Cecilia Granata as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2023, answer due 1/1/2024. 附件： 1:(Declaration of Service, Keith A. Vogt) |
| 12/11/2023 | MEMORANDUM by Cecilia Granata in support of motion for preliminary injunction 18 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, Declaration of Keith Vogt) |
| 12/11/2023 | MOTION by Plaintiff Cecilia Granata for preliminary injunction |
| 12/06/2023 | CIVIL BOND in the amount of $ 10,000 posted by Cecilia Granata. (Document not Scanned). |
| 11/30/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 11/30/2023 | TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/30/2023: Modified on 12/29/2023. |
| 11/30/2023 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions 10, 11, 12 filed by plaintiff Cecilia Granata, the supporting memorandum 13, and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal 10, for leave to file excess pages 11, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 12 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 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 the offering of products for sale 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 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. |
| 11/28/2023 | EXHIBIT by Plaintiff Cecilia Granata Sealed Exhibit 2, Declaration of Cecilia Granata regarding memorandum in support of motion, 13 Modified on 12/29/2023. 附件： 1:(Exhibit 2-1) |
| 11/28/2023 | MEMORANDUM in support of 12 Exparte motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of Keith A. Vogt's declaration 3:Declaration of Cecilia Granata 4:(Exhibit 1, of of Cecilia Granata's declaration) |
| 11/28/2023 | EX PARTE MOTION by Plaintiff Cecilia Granata to for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and or Electronic Publication |
| 11/28/2023 | MOTION by Plaintiff Cecilia Granata for leave to file excess pages |
| 11/28/2023 | MOTION by Plaintiff Cecilia Granata for leave to file under seal |
| 11/28/2023 | 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. |
| 11/28/2023 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 3). |
| 11/28/2023 | ATTORNEY Appearance for Plaintiff Cecilia Granata by Monica Rita Martin |
| 11/28/2023 | ATTORNEY Appearance for Plaintiff Cecilia Granata by Cameron Eugene Mcintyre |
| 11/28/2023 | ATTORNEY Appearance for Plaintiff Cecilia Granata by Adam Grodman |
| 11/28/2023 | ATTORNEY Appearance for Plaintiff Cecilia Granata by Yi Bu |
| 11/28/2023 | ATTORNEY Appearance for Plaintiff Cecilia Granata by Yanling Jiang |
| 11/28/2023 | ATTORNEY Appearance for Plaintiff Cecilia Granata by Keith A. Vogt |
| 11/28/2023 | CIVIL Cover Sheet |
| 11/28/2023 | SCHEDULE A TO COMPLAINT by Plaintiff Cecilia Granata Schedule A to Complaint 1 Modified on 12/29/2023. |
| 11/28/2023 | COMPLAINT filed by Cecilia Granata; Filing fee $ 402, receipt number AILNDC-21368375. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
