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2024-cv-08763
| 日期 | 描述 |
|---|---|
| 10/10/2024 | NEW PARTIES: zhuminhui, FuYongNing, hefeiliaomeiqidianzishangwuyouxiangongsi, ma po, KongGHSLK, zhanyanxinus, maoqintiantiankaixin, zhonghaoq and linmo123 added to case caption. |
| 10/10/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 28. Summons were executed on 10/1/24, and Defendants' responses to the complaint were due by 10/22/24 24. By 11/12/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
| 10/10/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/10/2024. Emailed notice. |
| 10/10/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 21, which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/9/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO 18 19, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 24 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction Order. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A 11 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 10/02/2024 | CERTIFICATE of Service by Plaintiff Eva Gamaiun regarding terminate hearings, set motion and R&R deadlines/hearings, 25 |
| 10/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 21 is taken under advisement. A telephonic motion hearing is set for 10/10/24, at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 10/9/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 10/8/24. Emailed notice. |
| 10/01/2024 | SUMMONS Returned Executed by Eva Gamaiun as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/1/2024, answer due 10/22/2024. 附件： 1:(Declaration of Service) |
| 10/01/2024 | NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 21 before Honorable LaShonda A. Hunt on 10/8/2024 at 10:00 AM. |
| 10/01/2024 | MEMORANDUM by Eva Gamaiun in support of motion for preliminary injunction 21 附件： 1:Declaration of Keith A. Vogt 2:(Exhibit 1, of Keith A. Vogt's declaration) |
| 10/01/2024 | MOTION by Plaintiff Eva Gamaiun for preliminary injunction |
| 09/26/2024 | SURETY BOND in the amount of $ 9,000 posted by Eva Gamaiun. Document not imaged. (Received at the Intake Counter on 09/26/2024.) |
| 09/24/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 9/24/2024. Emailed notice. |
| 09/24/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 12, motion for leave to exceed page limitation 13, and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 14 are granted. Schedule A to the Complaint 2, Amended Schedule A to the Complaint 11, and Exhibit 2 to the Declaration of Eva Gamaium 16 shall remain under seal pending further order of the Court. Plaintiff may exceed the 15-page limit by filing a 24-page memorandum in support of TRO motion 15 instanter. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $9,000.00 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 10/1/2024. Emailed notice. |
| 09/23/2024 | Presentment for Exparte Motion 14 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 12, motion for leave to file excess pages 13 before Honorable LaShonda A. Hunt on 10/1/2024 at 10:00 AM. |
| 09/23/2024 | SEALED EXHIBIT by Plaintiff Eva Gamaiun Sealed Exhibit 2, Declaration of Eva Gamaium regarding memorandum in support of motion, 15 附件： 1:(Exhibit 2) |
| 09/23/2024 | MEMORANDUM in Support of 14 Exparte Motion 附件： 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of Keith A. Vogt's Declaration 3:Declaration of Eva Gamaiun 4:(Exhibit 1, of Eva Gamaiun's Declaration) |
| 09/23/2024 | MOTION by Plaintiff Eva Gamaiun for leave to file excess pages |
| 09/23/2024 | MOTION by Plaintiff Eva Gamaiun for leave to file under seal |
| 09/23/2024 | SEALED DOCUMENT by Plaintiff Eva Gamaiun [Amended] Schedule A to Complaint 1 and Schedule A 2 |
| 09/23/2024 | 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. |
| 09/23/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). |
| 09/23/2024 | ATTORNEY Appearance for Plaintiff Eva Gamaiun by Yi Bu |
| 09/23/2024 | ATTORNEY Appearance for Plaintiff Eva Gamaiun by Yanling Jiang |
| 09/23/2024 | ATTORNEY Appearance for Plaintiff Eva Gamaiun by Monica Rita Martin |
| 09/23/2024 | ATTORNEY Appearance for Plaintiff Eva Gamaiun by Christopher Romero |
| 09/23/2024 | ATTORNEY Appearance for Plaintiff Eva Gamaiun by Cameron Eugene Mcintyre |
| 09/23/2024 | ATTORNEY Appearance for Plaintiff Eva Gamaiun by Adam Grodman |
| 09/23/2024 | ATTORNEY Appearance for Plaintiff Eva Gamaiun by Keith A. Vogt |
| 09/23/2024 | CIVIL Cover Sheet |
| 09/23/2024 | SEALED DOCUMENT by Plaintiff Eva Gamaiun Schedule A to Complaint 1 |
| 09/23/2024 | COMPLAINT filed by Eva Gamaiun; Filing fee $ 405, receipt number AILNDC-22509693. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
