最近更新：2024-12-25
2022-cv-00682
| 日期 | 描述 |
|---|---|
| 02/19/2023 | SATISFACTION of Judgment as to defendant no. 92 swim-shandong and defendant no. 138 YSH-asdfg |
| 12/27/2022 | SATISFACTION of Judgment as to defendant no. 81 Shunshine 86 |
| 10/25/2022 | CITATION to Discover Assets issued 2 Original as to Context Logic, Inc. (no notice filed) (Third Party), Amazon.com, Inc. (no notice filed)(Thrid party). |
| 10/25/2022 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. 附件： 1:(certified Order dated 10/24/22) |
| 10/25/2022 | STATEMENT by Toho Co., Ltd. 附件： 1:(Schedule A Balance Sheet) |
| 10/24/2022 | FILED JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 10/24/2022. Mailed notice. |
| 10/24/2022 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. [32]) is hereby granted as stated in the accompanying order. The answers were due on May 6, 2022 (Dckt. No. [18]), so they are long overdue. Defendants have not responded to the complaint, and have not responded to the motion for default judgment. Final Judgment Order to follow. The case is closed. Civil case terminated. Mailed notice. |
| 10/24/2022 | MINUTE entry before the Honorable Steven C. Seeger: By November 4, 2022, Plaintiff must file a spreadsheet that identifies, by Defendant, the amount of funds frozen under this Court's temporary restraining order. Mailed notice |
| 10/12/2022 | MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint status report is extended to January 12, 2023. Mailed notice. |
| 10/04/2022 | CERTIFICATE of Service by Plaintiff Toho Co., Ltd. regarding MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A 32, memorandum in support of motion 33, order on motion for preliminary injunction, order on motion for entry of default, text entry, 29 |
| 10/04/2022 | MEMORANDUM by Toho Co., Ltd. in support of motion for default judgment 32 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 10/04/2022 | MOTION by Plaintiff Toho Co., Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A |
| 10/04/2022 | First Amended Schedule A by Toho Co., Ltd. |
| 10/04/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 10/4/2022. Mailed notice. |
| 10/04/2022 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for preliminary injunction (Dckt. No. 16) is hereby granted in part as stated in the forthcoming order. Preliminary Injunction Order to follow. Plaintiff's motion for entry of default against the defendants identified in the first amended Schedule A (Dckt. No. 21) is hereby granted. The response to the complaint is long overdue. (Dckt. No. 18) The Court hereby enters default against all remaining defendants, meaning the defendants identified in the first amended Schedule A minus the later-dismissed defendants (Dckt. Nos. [23, 24, 28]). Plaintiff must file an updated list of the remaining Defendants on Schedule A by October 7, 2022. The motion for default judgment is due by October 11, 2022. Plaintiff must serve a copy of any such motion on Defendants and file a certificate of service. A response is due by October 21, 2022. Mailed notice. |
| 08/29/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 08/18/2022 | STATEMENT by Toho Co., Ltd. Regarding Asset Freeze 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3) |
| 08/09/2022 | MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for a preliminary injunction (Dckt. No. 16). The motion includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its brief in support of a TRO, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 22. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice |
| 07/06/2022 | MINUTE entry before the Honorable Steven C. Seeger: At the plaintiff's request, the deadline to file a joint initial status report is extended to October 14, 2022. Mailed notice. |
| 06/09/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 05/30/2022 | NOTICE of Voluntary Dismissal by All Plaintiffs |
| 05/09/2022 | DECLARATION of Keith A. Vogt regarding motion for entry of default 21 |
| 05/09/2022 | MOTION by Plaintiff Toho Co., Ltd. for entry of default Against The Defendants Identified In The First Amended Schedule A pursuant to Fed. R. Civ. P. 55(a) |
| 04/25/2022 | MINUTE entry before the Honorable Steven C. Seeger: At the plaintiff's request, the deadline to file an initial status report is extended to July 15, 2022. Mailed notice. |
| 04/15/2022 | SURETY BOND in the amount of $ 193,000.00 posted by Toho Co., Ltd. (Document not scanned). |
| 04/15/2022 | SUMMONS Returned Executed by Toho Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/15/2022, answer due 5/6/2022. 附件： 1:(Declaration of Service) |
| 04/15/2022 | MEMORANDUM by Toho Co., Ltd. in support of motion for preliminary injunction 16 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, Declaration of Keith Vogt) |
| 04/15/2022 | MOTION by Plaintiff Toho Co., Ltd. for preliminary injunction |
| 04/08/2022 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jk2,) |
| 04/08/2022 | SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 4/8/2022. Mailed notice. |
| 04/08/2022 | MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to seal (Dckt. No. 9) is hereby granted. Plaintiff's motion for excess pages (Dckt. No. 10) is hereby granted. Plaintiff's ex parte motion for a temporary restraining order (Dckt. No. 11) is hereby granted in part. Temporary Restraining Order to follow. Mailed notice. |
| 02/08/2022 | SEALED EXHIBIT by Plaintiff Toho Co., Ltd. Sealed Exhibit 2, Declaration of Koji Ueda regarding memorandum in support of motion 12 附件： 1:Exhibit 2, Part 1 2:Exhibit 2, Part 2 3:Exhibit 2, Part 3 4:Exhibit 2, Part 4 5:Exhibit 2, Part 5 6:(Exhibit 2, Part 6) |
| 02/08/2022 | MEMORANDUM In Support of 11 Ex Parte Motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, Declaration of Keith Vogt 3:Declaration of Koji Ueda 4:(Exhibit 1, Declaration of Koji Ueda) |
| 02/08/2022 | MOTION by Plaintiff Toho Co., Ltd. for leave to file excess pages |
| 02/08/2022 | MOTION by Plaintiff Toho Co., Ltd. for leave to file [Certain] Documents Under Seal |
| 02/08/2022 | MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by April 25, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. |
| 02/08/2022 | 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. |
| 02/08/2022 | CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
| 02/08/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Adam Grodman |
| 02/08/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yi Bu |
| 02/08/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Yanling Jiang |
| 02/08/2022 | ATTORNEY Appearance for Plaintiff Toho Co., Ltd. by Keith A. Vogt |
| 02/08/2022 | CIVIL Cover Sheet |
| 02/08/2022 | SEALED DOCUMENT by Plaintiff Toho Co., Ltd. Schedule A to Complaint 1 |
| 02/08/2022 | COMPLAINT filed by Toho Co., Ltd.; Filing fee $ 402, receipt number 0752-19133974. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
