最近更新：2025-01-14
2024-cv-09116
| 日期 | 描述 |
|---|---|
| 12/27/2024 | 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
| 12/26/2024 | FINAL DEFAULT JUDGMENT ORDER signed by the Honorable Sunil R. Harjani on 12/26/2024. Emailed notice |
| 12/26/2024 | MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 47 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's marks irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 51 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 1/2/2025 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of seventeen thousand dollar ($17,000) to Plaintiff or its counsel, Whitewood Law PLLC. Enter separate Final Default Judgment Order. Civil case terminated. Emailed notice |
| 12/19/2024 | CERTIFICATE of Service by Abby Marie Neu on behalf of SHNMIN LLC regarding terminate hearings, set/reset hearings, 50 附件： 1:(Exhibit A) |
| 12/19/2024 | MINUTE entry before the Honorable Sunil R. Harjani: On 12/10/2024, the Court entered default against the remaining defendants under Rule 55(a) of the Federal Rules of Civil Procedure. See Doc. 49. The Court issued a minute order which set 12/17/2024 as the deadline to file an objection to the motion for default judgment and provided further that the Court intended to consider the motion unopposed if objections were not filed by that date. The Court also directed plaintiff to serve that minute order upon all remaining defendants by 12/11/2024 and promptly file proof of that service, but no proof of service has been filed. Accordingly, the Court extends the period for any objections to the motion for entry of default judgment. Any objections to the motion for entry of default judgment must be filed on or before 12/26/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 12/26/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. The tentative default judgment hearing set for 12/24/2024 at 9:15 a.m. is stricken and reset to 1/2/2025 at 9:15 a.m. Mailed notice |
| 12/10/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 47 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 12/17/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 12/17/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 12/24/2024 at 9:15 a.m. The telephone status hearing set for 12/17/2024 is stricken. Mailed notice |
| 12/10/2024 | MEMORANDUM by SHNMIN LLC in support of motion for entry of default, motion for default judgment 47 附件： 1:(Exhibit 1) 2:Declaration of Shengmao Mu |
| 12/10/2024 | MOTION by Plaintiff SHNMIN LLC for entry of default, MOTION by Plaintiff SHNMIN LLC for default judgment as to defaulting defendants 附件： 1:(Exhibit A) |
| 12/05/2024 | NOTICE of Voluntary Dismissal by SHNMIN LLC as to certain Defendants |
| 11/27/2024 | NOTICE of Voluntary Dismissal by SHNMIN LLC as to a certain Defendant |
| 11/21/2024 | NOTICE of Voluntary Dismissal by SHNMIN LLC as to a certain Defendant |
| 11/14/2024 | NOTICE of Voluntary Dismissal by SHNMIN LLC as to certain Defendants |
| 11/09/2024 | NEW PARTIES: A108OKP2LNE1X9, A13NV50WNRF4T1, A19S6XN8963JYB, A1JHCQJJ5DBT2S, A1ZDOAQ7KWXDH7, A25VXJ7XEOAG8O, A2BJO6D0YYW1WA, A2BYS1FP8YJ6KF, A2IOXZTZZQJXSA, A2N8LCSNN8KXJR, A32QVAQRJUMK95, A34EJF3BG7SR86, A36RSJ9LNP2JSZ, ACITTTREJNX0Z, AHKFZ422XZSD3, AJS2O9H42VTB4 and AM1DJJ00VDSZM added to case caption. |
| 11/07/2024 | NOTICE of Voluntary Dismissal by SHNMIN LLC as to certain Defendants |
| 11/07/2024 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 11/7/2024. Mailed notice |
| 11/07/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [34] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk 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 in connection with entry of the TRO, 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 [36, 38] that it provided electronic notice to defendants of the pendency of this action and the motion, 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 Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 11/8/2024 is stricken. Summons was issued on 10/15/2024, and Defendants' responses to the complaint are due by 11/22/2024. Plaintiff should file any motion for entry of default and default judgment by 12/10/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 12/17/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 11/05/2024 | MAIL RETURNED, for document #[11] sent to Director of the US Patent and Trademark Office returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form |
| 11/04/2024 | CERTIFICATE of Service by Abby Marie Neu on behalf of SHNMIN LLC regarding terminate hearings, set/reset hearings, [37] |
| 11/04/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [34] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 11/6/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 11/6/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. The telephone status hearing set for 11/8/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice |
| 11/01/2024 | SUMMONS Returned Executed by SHNMIN LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint on 11/1/2024, answer due 11/22/2024. 附件： 1:Exhibit A 2:Declaration of Shengmao Mu |
| 11/01/2024 | MEMORANDUM by SHNMIN LLC in support of motion for preliminary injunction[34] 附件： 1:Exhibit 1 2:Declaration of Shengmao Mu |
| 11/01/2024 | MOTION by Plaintiff SHNMIN LLC for preliminary injunction 附件： 1:Exhibit A |
| 10/16/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 31 is granted. For the reasons stated in Plaintiff's Memorandum 32, the Court finds good cause to extend the temporary restraining order an additional 14 days to 11/8/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 11/1/2024. Telephone status hearing set for 10/24/2024 is stricken and reset to 11/8/2024 at 9:15 a.m. Mailed notice |
| 10/16/2024 | MEMORANDUM by SHNMIN LLC in support of extension of time 31 附件： 1:(Declaration of Shengmao Mu) |
| 10/16/2024 | MOTION by Plaintiff SHNMIN LLC for extension of time regarding Temporary Restraining Order |
| 10/15/2024 | SURETY BOND in the amount of $ 17,000 posted by SHNMIN LLC (document not scanned) |
| 10/15/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint |
| 10/11/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 10/11/2024. Mailed notice |
| 10/11/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Memorandum [26] establishing joinder as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 17 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's motion for leave to file under seal [8], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], and motion for electronic service of process [20] are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and there is no countervailing harm to defendants from an order directing them to stop infringement. The Court requires a bond of $1,000 per defendant. 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:30 p.m. on 10/11/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 10/18/2024. Telephone status hearing set for 10/22/2024 is stricken and reset to 10/24/2024. Mailed notice |
| 10/10/2024 | SEALED EXHIBIT by Plaintiff SHNMIN LLC Amended Exhibit 2: Infringing Evidence regarding declaration[16] |
| 10/10/2024 | SEALED DOCUMENT by Plaintiff SHNMIN LLC Memorandum in support of joinder of defendants |
| 10/10/2024 | SEALED EXHIBIT by Plaintiff SHNMIN LLC Exhibit 1 regarding amended complaint, [23] |
| 10/10/2024 | SEALED DOCUMENT by Plaintiff SHNMIN LLC Amended Schedule A |
| 10/10/2024 | First AMENDED complaint by SHNMIN LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 |
| 10/04/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [8], plaintiff's motion for temporary restraining order [14], and plaintiff's motion for electronic service of process [20] are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 50 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 10/11/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. A telephone status hearing is set for 10/22/2024 at 9:15 a.m. Mailed notice |
| 10/04/2024 | MEMORANDUM by SHNMIN LLC in support of motion for miscellaneous relief[20] |
| 10/04/2024 | MOTION by Plaintiff SHNMIN LLCfor electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) |
| 10/04/2024 | DECLARATION of Shengmao Mu regarding memorandum in support of motion[15] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
| 10/04/2024 | SEALED EXHIBIT by Plaintiff SHNMIN LLC Exhibit 2 regarding declaration[16] |
| 10/04/2024 | SEALED EXHIBIT by Plaintiff SHNMIN LLC Exhibit 1 regarding declaration[16] |
| 10/04/2024 | DECLARATION of Niloy Rahman regarding memorandum in support of motion[15] |
| 10/04/2024 | MEMORANDUM by SHNMIN LLC in support of motion for temporary restraining order[14] |
| 10/04/2024 | MOTION by Plaintiff SHNMIN LLC for temporary restraining order, a temporary asset restraint, and expedited discovery |
| 09/30/2024 | MINUTE entry before the Executive Committee: Case reassigned to the Honorable Sunil R. Harjani pursuant to the provisions of 28 USC 294(b). Mailed notice. |
| 09/30/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 09/30/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA |
| 09/30/2024 | 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. |
| 09/30/2024 | CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category Two). |
| 09/27/2024 | SEALED DOCUMENT by Plaintiff SHNMIN LLC Notice of Claims Involving Trademarks |
| 09/27/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SHNMIN LLC |
| 09/27/2024 | MOTION by Plaintiff SHNMIN LLC for leave to file UNDER SEAL |
| 09/27/2024 | ATTORNEY Appearance for Plaintiff SHNMIN LLC by Keaton David Smith |
| 09/27/2024 | ATTORNEY Appearance for Plaintiff SHNMIN LLC by Shengmao Mu |
| 09/27/2024 | ATTORNEY Appearance for Plaintiff SHNMIN LLC by Abby Marie Neu |
| 09/27/2024 | SEALED EXHIBIT by Plaintiff SHNMIN LLC Exhibit 1 regarding complaint 1 |
| 09/27/2024 | SEALED DOCUMENT by Plaintiff SHNMIN LLC Schedule A |
| 09/27/2024 | CIVIL Cover Sheet |
| 09/27/2024 | COMPLAINT filed by SHNMIN LLC; Filing fee $ 405, receipt number AILNDC-22534579. 附件： 1:Exhibit 2 2:Exhibit 3 3:(Exhibit 4) |
