最近更新：2024-12-25
2022-cv-00809
| 日期 | 描述 |
|---|---|
| 09/06/2023 | MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal [92], under Federal Rule of Civil Procedure 41(a)(1)(A)(i) (the remaining Defendants have not filed an answer or a summary judgment motion), the case is dismissed without prejudice as to the remaining Defendants Temgpair and Orchip. Each side to bear its own fees and costs. Plaintiff's motion for default [88] is terminated as moot. The tracking status hearing of 09/15/2023 is terminated. Civil case terminated. Emailed notice |
| 08/11/2023 | MOTION by Plaintiff Junzhou Huang for entry of default Presented before District Judge |
| 07/10/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion [79] for default against Defendants Temgpair and Orchip, and those Defendants' motion [81] to file dismissal motion, the motion [79] for default is denied without prejudice and the Defendants' motion [81] to file responsive pleading is granted. Defendants Temgpair and Orchip shall file the motion to dismiss (or otherwise respond to the Second Amended Complaint) by 07/20/2023. The Plaintiff's response is due by 08/10/2023. The defense reply is due by 08/17/2023. In the meantime, the parties shall promptly engage in settlement negotiations. The tracking status hearing of 07/14/2023 is reset to 08/04/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called).Mailed notice. |
| 06/30/2023 | STATUS Report by Junzhou Huang Presented before Presiding Judge |
| 06/29/2023 | MOTION by Defendants Echelo Inc, Orchip for leave to file Motion to Dismiss Presented before Presiding Judge, MOTION by Defendants Echelo Inc, Orchip to set a briefing schedule Briefing Schedule as to Motion for Default Presented before Presiding Judge |
| 06/27/2023 | ATTORNEY Appearance for Defendants Echelo Inc, Orchip by Michael Thomas Stanley Temgpair (Defendant # 10) and Orchip (Defendant # 11) |
| 06/14/2023 | MOTION by Plaintiff Junzhou Huang for entry of default Presented before Magistrate Judge 附件： 1:Memorandum in support of Motion for entry of default 2:Declaration of Haoyi Chen 3:(Text of Proposed Order) |
| 06/02/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of R. 76, 77, the Plaintiff shall file the motion for default judgment as to the two remaining defendants, Temgpair (Defendant 10) and Orchip (Defendant 11), by 06/16/2023. Emailed notice |
| 05/31/2023 | MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed plaintiff's status report 76, as well as Judge Chang's order dismissing the case as to defendants Da Boom (No. 1) and Angmile (No. 8) 75. Judge Chang's order dismissing defendants Da Boom (Nos. 1, 2) and Angmile (No. 8) also mooted defendants' motion seeking expedited discovery 68. Plaintiff's status report 76 states that plaintiff intends to move for default judgment as to the two remaining defendants, Temgpair (Defendant # 10) and Orchip (Defendant # 11). To the extent that any defendants remain in the case by 06/30/2023, a joint status report is due to update the Court on the same topics as the instant status report. Mailed notice. |
| 05/30/2023 | STATUS Report by Junzhou Huang Presented before Magistrate Judge |
| 05/30/2023 | MINUTE entry before the Honorable Edmond E. Chang: Counsel for Defendants Da Boom (No. 1) and Angmile (No. 8) emailed the courtroom deputy, with Plaintiff's counsel copied, to report that those Defendants do not object to the voluntary dismissal without prejudice. See R. 74. Pursuant to the notice of voluntary dismissal 73, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice as to Defendants Da Boom (No. 1) and Angmile (No. 8). Motion hearing set for 05/31/2023 is vacated. Defendants Creator Trade Inc's, and Orchid Trade, Inc's motions to amend answer and for expedited discovery 68 are terminated without prejudice. Counsel for the Plaintiff reported Temgpair and Orchip are the only two Defendants remaining in the case. In light of the ongoing referral to the magistrate judge, the tracking status hearing of 06/02/2023 for Judge Chang is reset to 07/14/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 05/30/2023 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff has filed a notice of voluntary dismissal, R. 73, as to Defendants Da Boom (No. 1) and Angmile (No. 8). But those Defendants filed an answer, R. 59, so dismissal is not automatic. It might be that the parties settled the case and the Defendants consent to the dismissal without prejudice. But it is not clear. The hearing on the motion of Defendants Da Boom and Magazine (Nos. 1 and 2) and Angmile (Defendant No. 8) to amend answer 68 is reset to 9:00 a.m. on the same date, 05/31/2023, as a **phone hearing.** (It appears that Defendant Magazine (No. 2) was already dismissed on 03/06/2023. R. 63.) ***If the Defendants agree to the dismissal without prejudice, they may email the courtroom deputy, michael_wing@ilnd.uscourts.gov, copying the Plaintiff, with that information and the hearing will be vacated.*** Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218##. Counsel of record and the Probation Officer will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice |
| 05/24/2023 | MOTION by Defendants Creator Trade Inc, Orchid Trade, Inc. to amend/correct answer to amended complaint, [59] |
| 04/19/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 65, the parties have disregarded the prior order, which directed, "In the next status report, if no settlement has been reached, the parties must propose a discovery schedule to move the case forward." R. 64. Fulsome Rule 26(a)(1) disclosures are due by 05/08/2023 and the parties must issue the first round of written discovery requests by 05/15/2023, absent an extension motion that actually explains the detailed progress, if any, of settlement negotiations. The tracking status hearing of 04/21/2023 is reset to 06/02/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 05/26/2023. Emailed notice |
| 04/14/2023 | STATUS Report by Junzhou Huang |
| 03/13/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 62, the remaining Defendants are Da Boom, Angmile, Temgpair, and Orchip (all represented by the same defense counsel), and the parties are in settlement negotiations. In the next status report, if no settlement has been reached, the parties must propose a discovery schedule to move the case forward. The tracking status hearing of 03/17/2023 is reset to 04/21/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the status report by 04/13/2023. Emailed notice |
| 03/06/2023 | MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal 61, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice as to Defendants Magazine (Defendant #2), Knowza (Defendant #3), Newway (Defendant #4), Amazing Fashion Decoration (Defendant #5), MaxCozy (Defendant #6), Sweet Candy (Defendant #7), and Spree (Defendant #9). Emailed notice |
| 03/03/2023 | STATUS Report by Junzhou Huang |
| 03/03/2023 | NOTICE of Voluntary Dismissal by Junzhou Huang |
| 02/23/2023 | MINUTE entry before the Honorable Edmond E. Chang: The remaining parties did not file the status report that was due on 02/17/2023. R. 57. The parties shall file the joint status report on the proposed next steps of the litigation by 03/03/2023. The tracking status hearing of 02/24/2023 is reset to 03/17/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 02/08/2023 | ANSWER to amended complaint by Defendant Nos. 1 and 2, Orchid Trade, Inc., identified on Schedule A as "Da Boom" and "Magazine" and 8, Creator Trade Inc., identified on Schedule A as "Angmile" by Creator Trade Inc, Orchid Trade, Inc. |
| 02/08/2023 | ATTORNEY Appearance for Defendants Creator Trade Inc, Orchid Trade, Inc. by Larry Ford Banister, II Defendant Nos. 1 and 2, Orchid Trade, Inc., identified on Schedule A as "Da Boom" and "Magazine" and 8, Creator Trade Inc., identified on Schedule A as "Angmile" |
| 02/02/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 56, the Plaintiff plans on voluntarily dismissing Defendants Newway (378), Knowza (343), Maxcozy (349), Spree (388), and Sweet Candy (368). Defendants Da Boom, Angmile, Temgpair and Orchip are in settlement discussions with the Plaintiff. As requested the answer deadline for those Defendants is extended to 02/08/2023. The tracking status hearing of 02/17/2023 is reset to 02/24/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a status report by 02/17/2023. Emailed notice |
| 02/01/2023 | STATUS Report by Junzhou Huang |
| 01/26/2023 | MINUTE entry before the Honorable Edmond E. Chang: The extension motion of Defendants Creator Trade Inc., Echelo Inc., Color Profit Kids, and Orchip to answer 54 is granted to 02/08/2023. The parties did not file the status report that was due on 01/20/2023. The status report shall be filed by 02/01/2023. The tracking status hearing of 01/27/2023 is reset to 02/17/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 01/23/2023 | MOTION by Defendants Color Profit Kids, Creator Trade Inc, Echelo Inc, Orchip for extension of time to respond to the Complaint *Unopposed* |
| 01/23/2023 | ATTORNEY Appearance for Defendants Creator Trade Inc, Echelo Inc, Color Profit Kids, Orchip by Lydia Pittaway |
| 12/29/2022 | 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 12/29/2022: Mailed notice. |
| 12/13/2022 | TRANSCRIPT OF PROCEEDINGS held on 11/10/2022 before the Honorable Edmond E. Chang. Order Number: 44578. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/3/2023. Redacted Transcript Deadline set for 1/13/2023. Release of Transcript Restriction set for 3/13/2023. |
| 12/08/2022 | MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the status report, R. 47, the Plaintiff has not received email contact information for the following five Defendants: Knowza, Newway, Maxcozy, Sweet Candy, and Spree. The other Defendants, namely, Da Boom, Angmile, Temgpair and Orchip, are jointly represented by attorneys from Ford Banister IP and those parties are in active settlement negotiations. The tracking status hearing of 12/09/2022 is reset to 01/27/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a detailed status report by 01/20/2023. Also, if the other Defendants are in default and are not in settlement negotiations, then the Plaintiff shall file a motion for default judgment in a sum certain by 01/12/2023. (Obviously, the Plaintiff must accomplish service as previously authorized.) (2.) On review of the status report and exhibits on how the Joybuy entities' accounts came to be restrained, R. 48, 49, the Court admonishes the Plaintiff and its counsel that when provisional relief is granted to restrain accounts of funds "associated with" the accounts "owned or operated" by the Defendants, the term "associated with" is ***not*** intended to allow the broad-based restraint that happened in this case. From now on, in this case and others filed by the Plaintiff's counsel on Judge Chang's docket, proposed provisional-relief orders shall use the term "of" rather than "associated with." The Plaintiff and the Plaintiffs in future cases may lodge their objections on the record, but the proposed orders must conform to this admonition. Emailed notice |
| 12/05/2022 | SEALED DOCUMENT by Plaintiff Junzhou Huang 附件： 1:Status Report re Dkt. 44 2:Exhibit Exhibit I-1 3:Exhibit Exhibit I-2 4:Exhibit Exhibit I-3 5:Exhibit Exhibit I-4 6:Exhibit Exhibit I-5 7:Exhibit Exhibit I-6 8:Exhibit Exhibit I-7 9:Exhibit Exhibit II-1 10:Exhibit Exhibit II-2 11:Exhibit Exhibit II-3 12:Exhibit Exhibit II-4 13:Exhibit Exhibit II-5 14:Exhibit Exhibit II-6 15:Exhibit Exhibit II-7 16:Exhibit Exhibit II-8 17:Exhibit Exhibit III-1 18:Exhibit Exhibit III-2 19:(Exhibit Exhibit IV) |
| 12/01/2022 | SEALED EXHIBIT by Plaintiff Junzhou Huang regarding status report 47 附件： 1:Exhibit I 2:Exhibit II 3:Exhibit III 4:(Exhibit IV) |
| 12/01/2022 | STATUS Report re Dkt 45 by Junzhou Huang |
| 11/10/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 11/10/2022. Emailed notice |
| 11/10/2022 | MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the TRO, the motion 36 for preliminary injunction is granted for now. The Plaintiff shall effectuate service promptly and file the certificate of service no later than 11/21/2022. The tracking status hearing of 11/11/2022 is reset to 12/09/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 12/01/2022. Emailed notice |
| 11/10/2022 | MINUTE entry before the Honorable Edmond E. Chang: Emergency telephone motion hearing held. Counsel for the parties appeared by telephone. At the start of the hearing, counsel reported that the parties conferred before the hearing and it was reported that Defendants Joybuy, Joybuy Express, Joybuy Fashion (Joybuy) were dismissed from the amended complaint and that the TRO and asset freeze does not apply to them. Counsel for the Plaintiff reported that he has already instructed Walmart to unfreeze Joybuy's account. The Clerk's Office shall terminate Defendants Joybuy, Joybuy Express, Joybuy Fashion as named Defendants. Counsel for the Plaintiff, after conferral with Walmart as needed, shall file a detailed status report by 12/05/2022 addressing how Joybuy's account was frozen. Defendant Joybuy's emergency motion to dissolve the TRO 40 42 is terminated without prejudice. Defendant Joybuy's motion to seal the sealed version of the motion 43 is granted, because the filing did not end up serving as the basis for judicial decision-making. Emailed notice |
| 11/10/2022 | MOTION by Defendants Joybuy, Joybuy Express, Joybuy Fashion to seal document SEALED MOTION by Defendants Joybuy, Joybuy Express, Joybuy Fashion Defendants Joybuy, Joybuy Express, and Joybuy Fashion's Emergency Motion to Dissolve Temporary Restraining Order 42 Emergency Motion to Dissolve Temporary Restraining Order and accompanying Exhibit A |
| 11/10/2022 | SEALED MOTION by Defendants Joybuy, Joybuy Express, Joybuy Fashion Defendants Joybuy, Joybuy Express, and Joybuy Fashion's Emergency Motion to Dissolve Temporary Restraining Order 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F 7:(Exhibit G) |
| 11/10/2022 | MINUTE entry before the Honorable Edmond E. Chang: Telephonic emergency motion hearing set for 11/10/2022 at 4:30 p.m. on Defendants Joybuy, Joybuy Express, and Joybuy Fashion's emergency motion to Dissolve Temporary Restraining Order 40. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218##. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice |
| 11/10/2022 | MOTION by Defendants Joybuy, Joybuy Express, Joybuy Fashion to vacate SEALED Order 33, MOTION by Defendants Joybuy, Joybuy Express, Joybuy Fashion for release of funds - Defendants Joybuy, Joybuy Express, and Joybuy Fashion's Emergency Motion to Dissolve Temporary Restraining Order 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F 7:(Exhibit G) |
| 11/10/2022 | ATTORNEY Appearance for Defendants Joybuy, Joybuy Express, Joybuy Fashion by Wallace Hua Feng |
| 11/10/2022 | ATTORNEY Appearance for Defendants Joybuy, Joybuy Express, Joybuy Fashion by Nicole E. Kopinski |
| 11/10/2022 | ATTORNEY Appearance for Defendants Joybuy, Joybuy Express, Joybuy Fashion by David M. Airan |
| 11/09/2022 | MOTION by Plaintiff Junzhou Huang for preliminary injunction 附件： 1:MEMORANDUM 2:Certificate of Service 3:Text of Proposed Order 4:(Status Report) |
| 11/08/2022 | SUMMONS Issued as to Defendant Partnerships and unincorporated Associations Identified in Schedule A |
| 11/03/2022 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the initial TRO, the motion to extend the TRO 34 is granted through 11/14/2022. The tracking status hearing of 11/04/2022 is reset to 11/11/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the motion for preliminary injunction (if appropriate) by 11/09/2022, along with a status report. Mailed notice |
| 10/28/2022 | MOTION by Plaintiff Junzhou Huang for extension of time of TRO 附件： 1:MEMORANDUM in support of motion to extend TRO 2:(Declaration) |
| 10/17/2022 | SEALED TEMPORARY RESTRAINING ORDER, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND ALTERNATIVE SERVICE Signed by the Honorable Edmond E. Chang on 10/17/2022. Emailed notice |
| 10/17/2022 | MINUTE entry before the Honorable Edmond E. Chang: In this design-patent infringement case, the Plaintiff's motion 12 for temporary restraining order and other relief, now narrowed to the Defendants named in the Second Amended Complaint, is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, disgorgement of profits under 35 U.S.C. § 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of the Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 31 for leave to file under seal is granted in light of the asset-restraint goal. By 10/24/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of the Defendant in the text of the order and omitting the amended Schedule A). The Plaintiff shall promptly begin electronic service of process. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 11/04/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if appropriate, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 10/31/2022. Emailed notice |
| 10/11/2022 | MOTION by Plaintiff Junzhou Huang to seal document exhibit 30, exhibit 28, exhibit 29 to Second Amended Complaint |
| 10/11/2022 | SEALED EXHIBIT by Plaintiff Junzhou Huang Exhibit 3 regarding amended complaint 27 |
| 10/11/2022 | SEALED EXHIBIT by Plaintiff Junzhou Huang Exhibit 1 regarding amended complaint 27 |
| 10/11/2022 | SEALED EXHIBIT by Plaintiff Junzhou Huang Schedule A regarding amended complaint 27 |
