最近更新:2024-12-25
更新

2022-cv-03077

Sekiguchi Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:06/13/2022

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
07/30/2023 SATISFACTION of Judgment as to defendant no. 96 Yiwu Juice Fashion Accessory Co., Ltd.
05/29/2023 SATISFACTION of Judgment as to defendant no. 94 YeezWood Official Store
02/03/2023 CITATION to Discover Assets issued as to ContextLogic, Inc. (no notice filed)(third party).
01/17/2023 CITATION to Discover Assets issued as to ALIPAY US, Inc. and Amazon.com, Inc., Dunhuang Group; ContextLogic, Inc. (third party).
01/10/2023 FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice.
01/10/2023 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. 35) is hereby granted. The answers are long overdue. This Court previously ordered the entry of default against defendants. (Dckt. No. 34) The Court enters final judgment against all remaining Defendants. Final Judgment Order to follow. There are no remaining defendants. The case is closed. Civil case terminated. Mailed notice.
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.
11/30/2022 CERTIFICATE of Service by Plaintiff Sekiguchi Co., Ltd. regarding memorandum in support of motion 36, order on motion for entry of default, text entry, 34, MOTION by Plaintiff Sekiguchi Co., Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A 35
11/30/2022 MEMORANDUM by Sekiguchi Co., Ltd. in support of motion for default judgment 35
附件:
1:Exhibit 1
2:(Exhibit 2)
11/30/2022 MOTION by Plaintiff Sekiguchi Co., Ltd. for default judgment as to The Defendants Identified In The First Amended Schedule A
11/30/2022 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of default (Dckt. No. 33) is hereby granted. The answers are overdue. The Court enters default under Rule 55(a) against all remaining Defendants. A motion for default judgment is due by December 9, 2022. A response is due by December 16, 2022. Defendants must file a motion if they seek a hearing. Plaintiff must serve a copy of this Order on Defendants and file a certificate of service. The Court reminds counsel to submit a Word version of the proposed judgment to the proposed order inbox, and include an updated copy of Schedule A that removes any dismissed Defendants. Mailed notice
11/28/2022 MOTION by Plaintiff Sekiguchi Co., Ltd. for entry of default Against The Defendants Identified In The First Amended Schedule A pursuant to Fed. R. Civ. P. 55(a)
附件:
1:Declaration of Keith A. Vogt
11/23/2022 CERTIFICATE of Acknowledgment
11/23/2022 CERTIFICATE of Acknowledgment
11/23/2022 CERTIFICATE of Acknowledgment
11/23/2022 CERTIFICATE of Acknowledgment
11/23/2022 MINUTE entry before the Honorable Steven C. Seeger: The status report deadline of December 2, 2022 is vacated and reset for March 2, 2023. Mailed notice
11/22/2022 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs filed a notice, and called it "NOTICE of Voluntary Dismissal by All Plaintiffs" on CM/ECF. That vague description left an unanswered question: Are Plaintiffs dismissing some of the Defendants, or all of the Defendants? The description gave no answer, so this Court had to click through the filing to figure it out. And after clicking, this Court learned that Plaintiffs were dismissing only Defendant Nos. 1, 36, 506, and 22. Going forward, the Court directs Plaintiffs' counsel to reveal in the description on CM/ECF whether plaintiffs are dismissing some defendants or all defendants. Viewed in isolation, it may not seem like a big deal to make a district court judge click through the docket. But viewed in the aggregate, the extra search costs add up, especially given the volume of Schedule A cases. The Court was disappointed to see the non-descript filing, especially given that this Court issued a warning to Plaintiff's counsel in another case on its docket (Legend Pictures v. Schedule A, 22-cv-3790) only five days ago. Again, next time, make things easier to follow and more user-friendly for district courts, and provide more hands-on information in the description. The Court directs Plaintiffs' counsel to share a copy of this Order to all attorneys at the firm who file Schedule A cases. By November 28, 2022, every Plaintiff's counsel on this case must file a certification confirming that he or she has read this Order. Going forward, a failure to comply will lead to appropriate relief. Mailed notice
11/21/2022 NOTICE of Voluntary Dismissal by All Plaintiffs
11/02/2022 SUMMONS Returned Executed by Sekiguchi Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/2/2022, answer due 11/23/2022.
附件:
1:(Declaration of Service)
10/21/2022 SUMMONS Returned Executed by Sekiguchi Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/21/2022, answer due 11/11/2022.
附件:
1:(Declaration of Service)
10/12/2022 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
10/11/2022 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to modify the TRO (Dckt. No. [22]) is hereby granted. The Court hereby modifies the TRO to remove the asset freeze and the temporary injunctive relief. Plaintiff shall serve a copy of this Order on Defendants and on any third party who received the original TRO. Mailed notice
10/06/2022 MOTION by Plaintiff Sekiguchi Co., Ltd.Motion To Modify The Temporary Restraining Order To Withdraw The Request For Asset Freeze And Injunction
10/04/2022 SEALED TEMPORARY RESTRAINING 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 leave to file under seal (Dckt. No. [9]) is hereby granted. Plaintiff's motion for leave to file excess pages (Dckt. No. [10]) is hereby granted. Plaintiff's motion for an ex parte TRO (Dckt. No. [11]) is hereby granted in part as stated in the accompanying order. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Motion for electronic service of process (Dckt. No. [19]) is hereby granted. Plaintiff must effectuate service of process by October 7, 2022. Responses to the complaint are due by October 21, 2022. Motions for default and default judgment are due by October 24, 2022. Responses are due by October 27, 2022. A failure to comply will lead to dismissal. The Court directs counsel to serve a copy of this Order and any forthcoming motion on Defendants, and file a certificate of service. Mailed notice
08/29/2022 MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to December 2, 2022. Mailed notice.
08/19/2022 STATEMENT by Sekiguchi 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 an ex parte temporary restraining order (Dckt. No. 11). The proposed minute order 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 memo, 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 23. 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
06/14/2022 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
06/14/2022 MAILED trademark report to Patent Trademark Office, Alexandria VA.
06/14/2022 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by August 29, 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.
06/13/2022 SEALED EXHIBIT by Plaintiff Sekiguchi Co., Ltd. Sealed Exhibit 3, Declaration of Satoshi Otani regarding memorandum in support of motion, [12]
06/13/2022 MEMORANDUM in support of [11] Exparte Motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Satoshi Otani
4:Exhibit 1, of Satoshi Otani's declaration
5:Exhibit 2, of Satoshi Otani's declaration
06/13/2022 MOTION by Plaintiff Sekiguchi Co., Ltd. for leave to file excess pages
06/13/2022 MOTION by Plaintiff Sekiguchi Co., Ltd. for leave to file under seal
06/13/2022 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.
06/13/2022 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sekiguchi Co., Ltd.
06/13/2022 ATTORNEY Appearance for Plaintiff Sekiguchi Co., Ltd. by Yanling Jiang
06/13/2022 ATTORNEY Appearance for Plaintiff Sekiguchi Co., Ltd. by Adam Grodman
06/13/2022 ATTORNEY Appearance for Plaintiff Sekiguchi Co., Ltd. by Yi Bu
06/13/2022 ATTORNEY Appearance for Plaintiff Sekiguchi Co., Ltd. by Keith A. Vogt
06/13/2022 CIVIL Cover Sheet
06/13/2022 SEALED DOCUMENT by Plaintiff Sekiguchi Co., Ltd. Schedule A to Complaint [1]
06/13/2022 COMPLAINT filed by Sekiguchi Co., Ltd.; Filing fee $ 402, receipt number AILNDC-19556657.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
6:Exhibit 6

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