最近更新:2024-12-25
更新

2024-cv-04766

Changshu Youthsky Import and Export Co. LTD v. The Partnerships and Unincorporated Associations Identified On Schedule "A"

日期:06/10/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
12/06/2024 EMAILED copy of order 65 to the U.S. District Court Fiscal Department.
12/06/2024 ORDER: Plaintiff's motion to release bond, 64, is granted. The $10,000 cash bond posted by plaintiff is hereby released to plaintiff's counsel Zhiwei Hua. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Concord & Sage, PC, at 1360 Valley Vista Dr Suite 140, Diamond Bar, CA 91765, via certified mail. Signed by the Honorable Martha M. Pacold on 12/6/2024: Mailed notice
12/04/2024 MOTION by Plaintiff Changshu Youthsky Import and Export Co. Ltd for release of bond obligation
11/20/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's agreed motion for an entry of dismissal, [59] is granted. Plaintiff's claims against Scepter Commerce LLC are dismissed with prejudice. As it is no longer a party to this action, defendant Scepter Commerce LLC's motion to dismiss, [47], is denied as moot. Plaintiff is directed to file an amended complaint by 11/27/2024 identifying the remaining defendants.
11/13/2024 MOTION by Plaintiff Changshu Youthsky Import and Export Co. Ltd to dismiss by agreement pursuant to F.R.C.P. 41(a)(2)
11/08/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's agreed motion for extension of time [57] is granted. The court will give plaintiff until 12/3/2024 to file the response to defendant Scepter Commerce LLC's motion to dismiss [47]. Defendant's reply brief, if any, will be due by 12/17/2024.
11/05/2024 MOTION by Plaintiff Changshu Youthsky Import and Export Co. Ltd for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim[47]
10/21/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [51], and amended complaint, [52]. As they are no longer parties to this action, defendant buff8855's motion to dismiss, [32], is denied as moot. Defendant/counterclaimant vintagelinen1's motion to dismiss, [40], which seeks to dismiss its counterclaim against plaintiff, is granted. Mailed notice.
10/17/2024 AMENDED complaint by Changshu Youthsky Import and Export Co. Ltd against The Partnerships and Unincorporated Associations Identified on Schedule "A"
附件:
1:Exhibit Amended Schedule A
10/16/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is ordered to show cause by 11/13/2024 why this case should not be severed for misjoinder under Fed. R. Civ. P. 20(a)(2). See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020); lustrata Servicos Design, Ltda. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 21-CV-05993, 2021 WL 5396690 (N.D. Ill. Nov. 18, 2021). Plaintiff's motion for a preliminary injunction, [23] is denied without prejudice. Plaintiff may renew its motion following this court's ruling with respect to this show cause order.
10/09/2024 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
09/30/2024 NOTICE by vintagelinen1 (vintagelinen1,)
09/30/2024 MOTION by Defendant vintagelinen1, Counter Claimant vintagelinen1 to dismiss
09/24/2024 ANSWER to counterclaim by Changshu Youthsky Import and Export Co. Ltd
09/24/2024 NOTICE of Voluntary Dismissal by Changshu Youthsky Import and Export Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Defendant Nos.121, 123
09/17/2024 STATUS Report by vintagelinen1
09/12/2024 PRO SE Appearance by Defendant Michael Cake (Received via PDF Submission link on Box.com on 09/12/24)
09/12/2024 ANSWER to amended complaint by finddealsnow (Exhibits) (Received via PDF Submission link on Box.com on 09/12/24)
09/10/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received Defendant vintagelinin1's answer to the amended complaints, [26], [28], and understands the defendant to be objecting to the Plaintiff Changshu Youthsky Import & Export Co Litd.'s motion for a preliminary injunction, [23]. By 9/17/2024, plaintiff should confer with the defendant and plaintiff and the defendant should file a joint status report proposing next steps in the case (e.g., a briefing schedule for these defendants' response to the motion for preliminary injunction and plaintiff's reply).
09/09/2024 MOTION by Defendant Ebay: buff8855 to dismiss. (Received via Box.com 9/9/24)Received from Glenna Gayle Buff.
09/09/2024 ATTORNEY Appearance for Defendants bookmarkdeals, epicedeals by Robert D. Kreisman
09/04/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received Defendants dealwithmenow and buff8855;s answers to the amended complaints, [26], [28], and understands these defendants to be objecting to the Plaintiff Changshu Youthsky Import & Export Co Litd.'s motion for a preliminary injunction, [23]. By 9/10/2024, plaintiff should confer with these defendants and plaintiff and all appearing defendants should file a joint status report proposing next steps in the case (e.g., a briefing schedule for these defendants' response to the motion for preliminary injunction and plaintiff's reply).
09/04/2024 ANSWER to amended complaint, ANSWER to Complaint, COUNTERCLAIM filed by vintagelinen1 against All Plaintiffs. by vintagelinen1(vintagelinen1,)
08/28/2024 ANSWER to amended complaint by Ebay: buff8855 (Exhibits) (Received via PDF Submission link on Box.com on 08/28/24)
08/26/2024 RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8861 9643. (Received by mail in the Clerk's Office on 08/26/2024)
08/24/2024 ANSWER to amended complaint by dealwithmenow. (Received via pro se email on 08/24/2024)
08/23/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction, 23, under advisement and will consider the motion unopposed if no defendant appears and objects by 8/29/24. Plaintiff shall serve defendants with this notice. Mailed notice.
08/23/2024 SUMMONS Returned Executed by Changshu Youthsky Import and Export Co. Ltd as to All Defendants.
08/21/2024 MOTION by Plaintiff Changshu Youthsky Import and Export Co. Ltd for preliminary injunction
08/12/2024 PRO SE Appearance by Defendant Barak Marziano
08/08/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO, 20 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO, 18, entered on 7/25/2024 is extended until 8/22/2024.
08/06/2024 MOTION by Plaintiff Changshu Youthsky Import and Export Co. Ltd for extension of time of TRO
08/01/2024 REGISTRY Deposit Information Form by Changshu Youthsky Import and Export Co. Ltd (Received at the Intake Counter on 08/01/24)
08/01/2024 BOND in the amount of $10,000.00 CASH, Receipt No. 100009159, posted by Concord & Sage PC for Plaintiff Changshu Youthsky Import and Export Co., Ltd.
07/25/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/25/2024:
07/25/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions (7, 11) filed by plaintiff, the supporting memoranda, 8, and the temporary restraining order, plaintiff's motions for electronic service of process, 11, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, 7, 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 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 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.
07/23/2024 NEW PARTIES: Changshu Youthsky import and export co.ltd added to case caption. Terminating Trademark Rightsholder Identified in Exhibit 1
07/23/2024 NOTICE of Motion by Qin Li for presentment of motion for miscellaneous relief, 11, motion for temporary restraining order 7 before Honorable Martha M. Pacold on 7/30/2024 at 09:30 AM.
07/23/2024 AMENDED complaint by Trademark Rightsholder Identified in Exhibit 1 against The Partnerships and Unincorporated Associations Identified on Schedule "A"
07/19/2024 MINUTE entry before the Honorable Martha M. Pacold: The hearing noticed for 7/24/2024, [13], is stricken. The court has reviewed plaintiff's motion to file certain documents under seal and to temporarily proceed under a pseudonym, [12]. The motion to file certain documents under seal and to temporarily proceed under a pseudonym, [12] is granted in part and denied in part. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested temporary restraining order, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Given these protections for plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Accordingly, plaintiff must file an amended complaint disclosing its name and trademarks by 7/26/24.
07/18/2024 MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 for leave to file under seal
07/17/2024 MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1electronic service of process pursuant to FRCP 4(f)(3)
07/17/2024 MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 for temporary restraining order and expedited discovery
06/10/2024 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.
06/10/2024 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2).
06/10/2024 ATTORNEY Appearance for Plaintiff Trademark Rightsholder Identified in Exhibit 1 by Qin Li
06/10/2024 CIVIL Cover Sheet
06/10/2024 SEALED EXHIBIT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 Schedule A regarding complaint 1
06/10/2024 SEALED EXHIBIT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 Genuine Listing regarding complaint 1
06/10/2024 SEALED EXHIBIT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 regarding complaint 1
附件:
1:(Exhibit trademark registration)
06/10/2024 COMPLAINT filed by Trademark Rightsholder Identified in Exhibit 1; Filing fee $ 405, receipt number AILNDC-22121484.
附件:
1:Exhibit trademark registration
2:(Schedule A)

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