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2024-cv-04081
| 日期 | 描述 |
|---|---|
| 10/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic status hearing held. Counsel for Plaintiff appeared. No defendant appeared. Plaintiff is in the process of obtaining information about Defendants from an online sales platform and anticipates filing a motion for electronic service upon receipt of such information. Continued telephonic status hearing set for 11/7/24 at 9:30AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Emailed notice. Modified on 10/3/2024. |
| 09/06/2024 | ORDER GRANTING MOTION FOR EXPEDITED DISCOVERY AND OTHER RELIEF Signed by the Honorable LaShonda A. Hunt on 9/6/2024. Emailed notice. |
| 09/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff appeared. No defendant appeared. As discussed, Plaintiff's motion for expedited discovery [23] is granted in part as to the issuance of requests for information concerning Defendants' contact information and identities. Plaintiff's motion for electronic service of process [24] is denied without prejudice. Plaintiff shall submit a proposed order consistent with today's ruling to the Court's proposed order inbox by 9/4/24. Telephonic status hearing set for 10/3/24 at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Emailed notice. |
| 08/27/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The presentment hearing on Plaintiff's motions for expedited discovery [23] and electronic service [24] set for 9/3/24 at 9:30AM is converted from in-person to telephonic. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Emailed notice. |
| 08/23/2024 | NOTICE of Motion by Ilya Zlatkin for presentment of motion for discovery[23], motion for miscellaneous relief, [24] before Honorable LaShonda A. Hunt on 9/3/2024 at 09:30 AM. |
| 08/23/2024 | MOTION by Plaintiff Jun FangElectronic Service of Process Pursuant to FRCP 4(f)(3) 附件： 1:Declaration of Ilya Zlatkin in Support of Motion for Electronic Service 2:Exhibit 1 of IZ Declaration 3:Exhibit 2 of IZ Declaration 4:Errata Unreported Opinions |
| 08/23/2024 | MOTION by Plaintiff Jun Fang for discovery expedited, ex parte 附件： 1:Declaration of Jun Fang 2:Exhibit to Declaration |
| 08/23/2024 | STATUS Report Plaintiff's Initial Status Report by Jun Fang |
| 07/05/2024 | NEW PARTIES: Guangzhou Baiyun District Helong Chicheng Auto Parts Business Firm, Hunan Double Bulls Gifts Co., Ltd., Hunan Winners Commerce Co., Ltd., Kunshan Pinstar Gifts Co., Ltd., Shaanxi Yuman Brilliant International Trade Co., Ltd., Shenzhen Linglicongming Techonic Ltd. Co., Shenzhen Longgang District Bainatong Firm, Shenzhen Yitu Electronics Co., Ltd., Shenzhen Zhanss Technology Co., Ltd., Suzhou Shengbei Electronic Technology Co., Ltd., Xingyue (Guangzhou) Trading Co., Ltd., Yiwu Tuoying Technology Co., Ltd. and Yuanhong Garment Accessory Co., Ltd. added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A |
| 07/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The parties are ordered to file a Joint Initial Status Report for New Case by 8/20/24. A template for the report can be found on Judge Hunt's webpage under "Initial Status Conference and Status Report." A telephonic initial status hearing is set for 9/3/24 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 may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. |
| 07/01/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of Plaintiff Jun Fang's First Amended Complaint [17] and Response to Order to Show Cause [18], the Court's June 24, 2024 Show Cause Order [16] is discharged and the case may proceed. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A [17-3] are added as parties to the court's docket within five business days. The Clerk's Office is directed, forthwith, to update the caption to: Jun Fang v. The Partnerships and Unincorporated Associations Identified on Schedule "A". Emailed notice. |
| 06/28/2024 | CIVIL Cover Sheet |
| 06/28/2024 | RESPONSE to Order to Show Cause to set deadlines, [16] |
| 06/28/2024 | FIRST AMENDED complaint by Jun Fang against The Partnerships and Unincorporated Associations Identified on Schedule "A" 附件： 1:Exhibit 1 - Trademark Registration 2:Exhibit 2 - Genuine Listing 3:Exhibit Schedule A |
| 06/28/2024 | NEW PARTIES: Jun Fang added to case caption. Terminating Trademark Owner Identified in Exhibit 1 |
| 06/24/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On 5/17/24, Plaintiff filed an anonymous complaint [1] and sealed exhibits [2], [3], [4], without an accompanying motion seeking leave to do so. On 5/24/24, the Court entered an order [9] directing the Clerk's office to unseal the filings, granting Plaintiff until 6/7/24 to file an amended complaint identifying itself, and warning Plaintiff that failure to do so may result in dismissal for want of prosecution. Instead of complying with the Court's order, Plaintiff then filed a motion for leave to proceed anonymously and file documents under seal [10], an ex parte TRO motion [11], and a motion for electronic service [13]. On 6/3/24, the Court entered an order [15] denying Plaintiff's motions [10], [11], [13], allowing Plaintiff to renew the TRO and electronic service motions once Plaintiff appropriately disclosed its identity, directing the Clerk's office to unseal certain filings, and warning Plaintiff that the complaint likely fails to satisfy joinder requirements and should have been stricken for still being anonymous (citing XYZ Corp. v. Partnership and Unincorporated Ass'n on Schedule A, No. 20-cv-6610, 2020 WL 6681360 at *1 (N.D.Ill. Nov. 12, 2020) (striking Plaintiff's complaint filed anonymously without leave of court because "[n]o-name litigation is the rare exception, not the Rule."))there has been no docket activity since this order. Accordingly, the Court strikes Plaintiff's complaint [1] and directs Plaintiff to show cause why this action should not be dismissed for want of prosecution and failure to comply with court orders by 6/28/24. Failure to comply with this order will result in dismissal with prejudice. Finally, the Clerk's office is directed forthwith to unseal the documents at [2], [3], [4], and [12], as previously ordered. Mailed notice. |
| 06/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal and to Proceed Anonymously [10] is denied. First, as the Court explained in its prior order [9], and the Seventh Circuit recently reaffirmed, "[t]he norm in federal litigation is that all parties' names are public." Doe v. Trustees of Indiana Univ., No. 22-1576, 2024 WL 1824967 at *3, (7th Cir. Apr. 26, 2024). Plaintiff has not shown that the "balance of harms justifies" anonymity here. Id. at *4. See also XYZ Corp. v. Partnership and Unincorporated Ass'n on Schedule A, No. 20-cv-6610, 2020 WL 6681360 at *1 (N.D.Ill. Nov. 12, 2020) (striking Plaintiff's complaint filed anonymously without leave of court because "[n]o-name litigation is the rare exception, not the Rule."). Second, Plaintiff's excuse that he could not comply with Local Rule 26.2 and file a motion to seal these documents due to the Court's hearing schedule is disingenuous. Local Rule 26.2(c) requires a sealing motion to be filed "before or simultaneously with the provisional filing of the document under seal," not whenever counsel deems it convenient. At this point, although the anonymous complaint was filed on 5/17/24 and should have been stricken, the Court generously gave plaintiff until 6/7/24 [9] to file an amended complaint along with a proper civil cover sheet [5] identifying itself. Instead, Plaintiff has proceeded to file more documents under seal [12] without properly disclosing its identity. As such, the Court's prior unsealing order stands, and the documents filed at [2][3][4] shall be unsealed; the Clerk is further directed to unseal the document filed at [12]. Plaintiff's Ex Parte Motion for Expedited Discovery [11] and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [13] are denied without prejudice to renewal once Plaintiff has appropriately disclosed its identity. No appearance is necessary on 6/4/24. Finally, the Court expresses serious doubt about whether joinder of 142 Defendants in this action is appropriate here and directs Plaintiff's counsel to review the relevant case law on this point and consider filing an amended Schedule A with a significantly smaller subset of Defendants that meet the requirements under Fed. R. Civ. P. 20(a)(2). 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); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). Mailed notice |
| 05/29/2024 | NOTICE of Motion by Ilya Zlatkin for presentment of motion to seal, motion for miscellaneous relief[10], motion for miscellaneous relief, [13], motion for discovery[11] before Honorable LaShonda A. Hunt on 6/4/2024 at 10:00 AM. |
| 05/29/2024 | MOTION by Plaintiff Trademark Owner Identified in Exhibit 1Electronic Service of Process Pursuant to FRCP 4(f)(3) 附件： 1:Declaration of Ilya Zlatkin in Support of Motion for Electronic Service 2:Exhibit 1 of IZ Declaration 3:Exhibit 2 of IZ Declaration 4:Errata Unreported Opinions |
| 05/29/2024 | SEALED DOCUMENT by Plaintiff Trademark Owner Identified in Exhibit 1 Declaration of Plaintiff in Support of Motion for Expedited Discovery |
| 05/29/2024 | MOTION by Plaintiff Trademark Owner Identified in Exhibit 1 for discovery expedited, ex parte |
| 05/24/2024 | MOTION by Plaintiff Trademark Owner Identified in Exhibit 1 to seal, MOTION by Plaintiff Trademark Owner Identified in Exhibit 1relief from Court's instruction to unseal documents |
| 05/24/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On May 17, 2024, Plaintiff filed a complaint [1] anonymously and exhibits thereto (trademark certificate [2], screenshots [3], and Schedule A listing 142 Defendants [3]) under seal. To date, Plaintiff has not filed any motion for leave to proceed anonymously, to file those documents under seal (as required by Local Rule 26.2(c)), or for any other relief. Given the strong presumption of public access to court filings, see Doe v. Village of Deerfield, 819 F.3d 372 (7th Cir. 2016) (discussing the standard to proceed anonymously) & Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544 (7th Cir. 2002) (explaining the legal requirements to file documents under seal), and Plaintiff's failure to seek appropriate relief and to comply with the Local Rules, the Court directs (1) the Clerk of Court to unseal any previously sealed documents, and (2) Plaintiff to file an amended complaint identifying itself by 6/7/24. Failure to comply by that deadline may result in this case being dismissed for want of prosecution. Mailed notice. |
| 05/20/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 05/20/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 05/17/2024 | 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. |
| 05/17/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). |
| 05/17/2024 | ATTORNEY Appearance for Plaintiff Trademark Owner Identified in Exhibit 1 by Ilya Zlatkin |
| 05/17/2024 | CIVIL Cover Sheet |
| 05/17/2024 | SEALED EXHIBIT by Plaintiff Trademark Owner Identified in Exhibit 1 Schedule "A" regarding complaint, [1] |
| 05/17/2024 | SEALED EXHIBIT by Plaintiff Trademark Owner Identified in Exhibit 1 Genuine Listing regarding complaint, [1] |
| 05/17/2024 | SEALED EXHIBIT by Plaintiff Trademark Owner Identified in Exhibit 1 Trademark Registration Certificate regarding complaint, [1] |
| 05/17/2024 | COMPLAINT filed by Trademark Owner Identified in Exhibit 1; Filing fee $ 405, receipt number AILNDC-21980787. 附件： 1:Exhibit 1 - Trademark Registration 2:Exhibit 2 - Genuine Listing 3:Supplement Schedule A |
