最近更新：2024-12-25
2022-cv-01276
| 日期 | 描述 |
|---|---|
| 08/03/2022 | RETURN of U.S. Post office Receipt, article no. 7019 2280 0000 0963 0449. |
| 07/18/2022 | MAILED Surety Bond in the amount of $ 10,000.00 posted by Xialand LLC [21] to Revision Legal, PLLC via certified mail no. 7019 2280 0000 0963 0449. |
| 07/18/2022 | MAILED Surety Bond in the amount of $ 10,000.00 posted by Xialand LLC 21 to Revision Legal, PLLC via certified mail no. 7019 2280 0000 0963 0449. |
| 07/15/2022 | DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 7/15/2022. Mailed notice. |
| 07/15/2022 | ORDER: In the court's 7/1/2022 minute entry, it gave all defendants until 7/11/2022 to object plaintiff's motion for entry of default and default judgment 29. 31. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment 29. 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 specified in the order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks and copyrights causes it 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 defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent 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, Revision Legal, PLLC, 8051 Moorsbridge Road, Portage, MI 49024, via certified mail. Enter Default Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 7/15/2022. Mailed notice |
| 07/07/2022 | Proof of Service by Xialand LLC |
| 07/01/2022 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for default judgment 29 must enter an appearance and file a written objection by 7/11/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 06/29/2022 | MEMORANDUM by Xialand LLC in support of motion for default judgment 29 附件： 1:Exhibit Declaration re Damages 2:Exhibit User Count 3:Exhibit Thotsbay Fee 4:Exhibit Ranking Up Guide 5:Exhibit Thotsbay Categories 6:Exhibit Thotsbay OF Rules 7:(Exhibit Leakemup Categories) |
| 06/29/2022 | MOTION by Plaintiff Xialand LLC for default judgment as to all defendants |
| 05/17/2022 | ORDER: The Clerk of Court is directed to unseal Plaintiff's Revised Schedule A 12. Signed by the Honorable Martha M. Pacold on 5/17/2022. Mailed notice |
| 05/17/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 5/17/2022: (Main Document 27 replaced on 5/17/2022). |
| 05/17/2022 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiffs' motion for preliminary injunction 23 is granted. Enter Preliminary Injunction. Plaintiffs' counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
| 05/02/2022 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 23 under advisement and will consider the motion unopposed if no defendant appears and objects by 5/9/2022. Plaintiff shall serve all defendants with this notice. |
| 04/29/2022 | MEMORANDUM by Xialand LLC in support of motion for preliminary injunction 23 附件： 1:(Exhibit Misterovich Declaration) |
| 04/29/2022 | MOTION by Plaintiff Xialand LLC for preliminary injunction |
| 04/29/2022 | NEW PARTIES: leakemup.com and thotsbay.com added to case caption. |
| 04/29/2022 | SUMMONS Returned Executed by Xialand LLC as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 4/28/2022, answer due 5/19/2022. 附件： 1:(Declaration Declaration of Service) |
| 04/13/2022 | SURETY BOND in the amount of $ 10,000.00 posted by Xialand LLC. (Document not scanned). |
| 04/12/2022 | MINUTE entry before the Honorable Martha M. Pacold:For the reasons set forth in Plaintiff's motion for extension of time 18 and in the court's order granting the temporary restraining order 16, Plaintiff's motion to extend the TRO 18 is granted. The Temporary Restraining Order is extended to 4/29/2022. |
| 04/08/2022 | MEMORANDUM by Xialand LLC in support of extension of time 18 of Temporary Restraining Order |
| 04/06/2022 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 04/08/2022 | MOTION by Plaintiff Xialand LLC for extension of time of Temporary Restraining Order |
| 04/06/2022 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 04/01/2022 | MINUTE entry before the Honorable Martha M. Pacold: In light of the court's grant of plaintiff's amended motion for temporary restraining order 15, plaintiff's first motion for temporary restraining order 8 is denied as moot. |
| 04/01/2022 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/1/2022: |
| 04/01/2022 | 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 leave to file under seal 9, and plaintiff's amended motion for a temporary restraining order, including a temporary injunction, a temporary disabling of domain names, a temporary asset restraint, expedited discovery, and for electronic service of process 13 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), 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 (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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. |
| 03/29/2022 | MEMORANDUM by Xialand LLC in support of motion for temporary restraining order 13 Amended Memo in Support 附件： 1:(Exhibit Ex 2 - Copyright Registration) |
| 03/29/2022 | MOTION by Plaintiff Xialand LLC for temporary restraining order Amended Motion for TRO |
| 03/29/2022 | SEALED DOCUMENT by Plaintiff Xialand LLC Revised Schedule A |
| 03/29/2022 | First AMENDED complaint by Xialand LLC against The Partnerships And Unincorporated Associations Identified On Schedule A |
| 03/23/2022 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for temporary restraining order 8 and to seal document 9 are taken under advisement. Plaintiff is directed to submit a proposed temporary restraining order to the court's proposed order inbox by 3/30/2022. Plaintiff should submit both a clean version and a track changes version, as directed in the court's standing order on Schedule A cases. |
| 03/15/2022 | MOTION by Plaintiff Xialand LLC to seal document MOTION by Plaintiff Xialand LLC for temporary restraining order 8 附件： 1:Exhibit Exhibit 1 - Motion for Temporary Restraining Order 2:Exhibit Exhibit 3 - Motion for Temporary Restraining Order 3:(Exhibit Exhibit 6 - Motion for Temporary Restraining Order)(Di Giacomo, John) |
| 03/15/2022 | MOTION by Plaintiff Xialand LLC for temporary restraining order 附件： 1:Supplement Memorandum in Support 2:Exhibit Exhibit 2 3:Exhibit Exhibit 4 4:Exhibit Exhibit 5 5:(Exhibit Exhibit 7)(Di Giacomo, John) |
| 03/14/2022 | REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. 0752-19233753. |
| 03/11/2022 | MAILED Copyright Request Letter to Plaintiff's counsel Eric William Misterovich |
| 03/11/2022 | REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. 0752-19233753, regarding complaint 1 Xialand LLC v. The Partnerships And Unincorporated Associations Identified On Schedule A (Di Giacomo, John) |
| 03/10/2022 | 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. |
| 03/10/2022 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. |
| 03/10/2022 | CIVIL Cover Sheet (Di Giacomo, John) |
| 03/10/2022 | ATTORNEY Appearance for Plaintiff Xialand LLC by Eric William Misterovich |
| 03/10/2022 | ATTORNEY Appearance for Plaintiff Xialand LLC by John Anthony Di Giacomo (Di Giacomo, John) |
| 03/10/2022 | COMPLAINT filed by Xialand LLC; Filing fee $ 402, receipt number 0752-19233839. 附件： 1:(Exhibit Schedule A)(Di Giacomo, John) |
