最近更新：2024-12-25
2022-cv-03914
| 日期 | 描述 |
|---|---|
| 09/29/2022 | DEFAULT Final Judgment Order signed by the Honorable Martha M. Pacold on 9/29/2022. Mailed notice. |
| 09/29/2022 | ORDER: The Court has received plaintiff's notice of dismissal [31], which seeks to voluntarily dismiss defendant No. 200 Veronica Rockefeller under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping the listed defendant from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A [32] has been filed on the docket. Defendant No. 200 Veronica Rockefeller is hereby terminated. No defendant has responded to plaintiff's motion for entry of default and default judgment [23]. The motion [23] is granted. 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 of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its works 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 defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an 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 Keith Vogt, 33 West Jackson Blvd., #2W, Chicago, IL 60604 via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 9/29/2022. Mailed notice |
| 09/26/2022 | ORDER: The court has received plaintiff's notice of dismissal [29], which seeks to voluntarily dismiss only some of the defendants under Rule 41(a)(1). Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping the listed defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 9/28/2022 identifying the remaining defendants. Defendants No. 185. VARUN Home; No 155 Dgonweqi; No. 204 WishDecor; No. 230 Anna Cowper; No. 134 Lilibeely; No. 174 Xiangruige; No. 231 CHAQLIN; No. 159 Debedcor; No. 208 SIGOUYI; No. 212 ARTSHOWING; No. 189 Comforance; No. 188 Anoreya; No. 211 Candescence; No. 175 BABE MAPS; No. 181 DoremiHome; No. 203 YEHO Art Gallery; No. 201 Pink Sky; No. 136 YOKOU; No. 199 Futuregrace; No. 198 Lazone; No. 226 Flouky; No. 190 GreaBen; No. 179 Red Vow; No. 184 Plelat; No. 224 Home Collection dh; No. 182 Yogaly; No. 178 ARTS LANGUAGE Lct; No. 163 CyCoShower; No. 171 BULING; No. 193 CHARMHOME & PICTURE IT ON CANVAS; No. 219 Queen Area; No. 213 Fandim Fly; No. 222 LEO BON; No. 207 BedSweet; No. 196 JEANCZ; No. 202 DOME-SPACE; No. 177 Zzsunfeel; No. 173 Meet 1998; No. 220 Funnywall88; No. 206 Applebless; No. 170 LooPoP; No. 154 Ying Da Zheng; No. 232 Yao Bo Official Store; No. 233 gongzhi Official Store; No. 234 Fabric Posters Art Prints Retail Dropsale Store; No. 235 guotianxiang Store; No. 236 Nannapat Official Store; No. 237 Light Your Life CO;LTD; No. 238 Creative Home Store; No. 239 Welcome To Explore Store; No. 240 Hot-Oscar Home; No. 241 Calvert Crafts factory direct Store; No. 180 FVFV; No. 142 Chonugg; No. 151 Tianshanshipin; No. 17. Bamiante are hereby dismissed. Signed by the Honorable Martha M. Pacold on 9/26/2022. Mailed notice |
| 09/13/2022 | ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 9/13/2022. Mailed notice |
| 09/13/2022 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 9/13/2022: |
| 09/13/2022 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [19]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [19] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 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. |
| 09/12/2022 | MOTION by Plaintiff Seth Casteel for default judgment as to The Defendants Identified In The First Amended Schedule A |
| 08/17/2022 | MOTION by Plaintiff Seth Casteel for preliminary injunction |
| 08/09/2022 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motion to extend the TRO for an additional 14 days [16], the motion is granted, and the TRO shall remain in force until 08/29/2022. Plaintiff's unsuccessful efforts to obtain the defendants' identities thus far constitutes good cause to extend the TRO under Fed. R. Civ. P. 65(b)(2). As stated previously, if any Defendant appears and objects, the court will revisit the asset freeze and joinder. Mailed notice. |
| 08/08/2022 | MOTION by Plaintiff Seth Casteel for extension of time for Temporary Restraining Order |
| 08/01/2022 | TEMPORARY RESTRAINING Order (Sealed) signed by the Honorable Martha M. Pacold on 8/1/2022. Mailed notice |
| 08/01/2022 | 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 motions for leave to file excess pages[9], for leave to file under seal [8], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [10], 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 (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. Mailed notice |
| 07/28/2022 | MOTION by Plaintiff Seth Casteel for leave to file excess pages |
| 07/28/2022 | MOTION by Plaintiff Seth Casteel for leave to file under seal |
| 07/28/2022 | COMPLAINT filed by Seth Casteel ; Filing fee $ 402, receipt number AILNDC-19690350. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
