最近更新：2025-01-14
2024-cv-09239
| 日期 | 描述 |
|---|---|
| 01/13/2025 | ORDER Returning Bond: The Clerk of the Court is directed to return the entire bond principal ($5,000) plus interest, to Plaintiff's counsel. Signed by the Honorable April M. Perry on 1/13/2025. Mailed notice. (jcc,) |
| 01/03/2025 | MINUTE entry before the Honorable April M. Perry: NOTICE of Voluntary Dismissal [60] is acknowledged. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, this case is dismissed without prejudice. Civil case terminated. Mailed notice. (jcc,) |
| 01/02/2025 | NOTICE of Voluntary Dismissal by Xiaoling Che of the only remaining defendant 附件： 1:Exhibit A |
| 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. |
| 12/16/2024 | MINUTE entry before the Honorable April M. Perry: Defendant's Unopposed Motion for Extension of Time [56] is granted. Defendant's responsive pleading to be filed by 1/8/2025. There is no need for the parties to appear on 12/17/2024. Mailed notice. |
| 12/16/2024 | NOTICE of Motion by Clinton Lee Conner for presentment of motion for extension of time to file answer[56] before Honorable April M. Perry on 12/17/2024 at 10:00 AM. |
| 12/16/2024 | MOTION by Defendant The Partnerships And Unincorporated Associations Identified On Schedule A, for extension of time to file answer regarding complaint[1] |
| 12/11/2024 | MINUTE entry before the Honorable April M. Perry: Hearing held on Defendant's Motion to Dissolve Temporary Restraining Order and Increase Bond [46]. For the reasons stated during the hearing, Defendant's motion to dissolve the temporary restraining order is granted, and motion to increase bond is denied. Moreover, Plaintiff's Motion to Seal [39] is denied as moot. Status hearing set for 1/30/2025 at 10:00 a.m. in person in Courtroom 1725. Mailed notice. (jcc,) |
| 12/11/2024 | EXHIBIT by Plaintiff Xiaoling Che regarding memorandum in opposition to motion[50] (Poplin, Allen Justin) |
| 12/10/2024 | REPLY by The Partnerships And Unincorporated Associations Identified On Schedule A, to MOTION by Defendant The Partnerships And Unincorporated Associations Identified On Schedule A,Dissolve Temporary Restraining Order and Increase Bond [46], memorandum in opposition to motion[50] 附件： 1:Declaration Conner |
| 12/09/2024 | MINUTE entry before the Honorable April M. Perry: Defendant Go North Group AB's motion for attorney Clinton L. Conner to appear pro hac vice [45] is granted. Hearing on Defendant's motion [46] to Dissolve TRO and Increase Bond to be held 12/11/2024 at 10 a.m. via telephone. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 650-479-3207, Access Code: 2307 684 8339. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice. (jcc,) |
| 12/09/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Partnerships And Unincorporated Associations Identified On Schedule A |
| 12/09/2024 | MEMORANDUM by Xiaoling Che in Opposition to motion for miscellaneous relief[46] 附件： 1:Exhibit A |
| 12/06/2024 | NOTICE of Motion by Clinton Lee Conner for presentment of motion for miscellaneous relief[46] before Honorable April M. Perry on 12/17/2024 at 10:00 AM. |
| 12/06/2024 | MEMORANDUM by The Partnerships And Unincorporated Associations Identified On Schedule A, in support of motion for miscellaneous relief[46] to Dissolve Temporary Restraining Order and Increase Bond 附件： 1:Declaration Clinton L Conner 2:Declaration Ryan Looysen 3:Exhibit C |
| 12/06/2024 | MEMORANDUM by The Partnerships And Unincorporated Associations Identified On Schedule A, in support of Defendant Go North Group AB's Motion to Dissolve Temporary Restraining Order and Increase Bond 附件： 1:Declaration Clinton L Conner 2:Declaration Ryan Looysen 3:Exhibit C |
| 12/06/2024 | MOTION by Defendant The Partnerships And Unincorporated Associations Identified On Schedule A,Dissolve Temporary Restraining Order and Increase Bond |
| 12/06/2024 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22812540. |
| 11/27/2024 | ORDER Extending Temporary Restraining Order. Signed by the Honorable April M. Perry on 11/27/24. |
| 11/27/2024 | MINUTE entry before the Honorable April M. Perry: Plaintiff's motion to extend the temporary restraining order until December 18, 2024 [41] is granted. Enter order |
| 11/27/2024 | MEMORANDUM by Xiaoling Che in support of motion for temporary restraining order[41] 附件： 1:Exhibit Poplin declaration |
| 11/27/2024 | MOTION by Plaintiff Xiaoling Che for temporary restraining order extension (Poplin, Allen Justin) |
| 11/27/2024 | SUMMONS Returned Executed by Xiaoling Che as to Xiaoling Che on 11/27/2024, answer due 12/18/2024. (Poplin, Allen Justin) |
| 11/27/2024 | SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A |
| 11/27/2024 | MOTION by Plaintiff Xiaoling Che to seal [38] (Poplin, Allen Justin) |
| 11/27/2024 | SEALED EXHIBIT by Plaintiff Xiaoling Che regarding exhibit[37] (Poplin, Allen Justin) |
| 11/27/2024 | EXHIBIT by Plaintiff Xiaoling Che Schedule A regarding complaint[1], exhibit[3] (Poplin, Allen Justin) |
| 11/26/2024 | EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0032: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable April M. Perry; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable April M. Perry; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable April M. Perry's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's criminal case assignment system ninety (90) days so that Judge Perry shall thereafter receive a full share of such cases. Case reassigned to the Honorable April M. Perry for all further proceedings. Honorable LaShonda A. Hunt no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 11/26/2024. |
| 11/26/2024 | BOND in the amount of $ 5,000.00 cashier's check, Receipt No. 100013592, posted by Xiaoling Che |
| 11/26/2024 | Registry Deposit Information Form by Xiaoling Che |
| 11/20/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/20/2024. Emailed notice. |
| 11/20/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [30] and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [29] are granted. 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 $5,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 12/11/24. Emailed notice. |
| 11/19/2024 | NOTICE of Motion by Allen Justin Poplin for presentment of motion for miscellaneous relief[29], motion for temporary restraining order[30] before Honorable LaShonda A. Hunt on 12/11/2024 at 10:00 AM. (Poplin, Allen Justin) |
| 11/19/2024 | MEMORANDUM by Xiaoling Che in support of motion for temporary restraining order[30] (Poplin, Allen Justin) |
| 11/19/2024 | MOTION by Plaintiff Xiaoling Che for temporary restraining order (Poplin, Allen Justin) |
| 11/19/2024 | MOTION by Plaintiff Xiaoling CheElectronic Service of Process (Poplin, Allen Justin) |
| 11/13/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court has reviewed Plaintiff's motion for clarification, and if necessary, limited reconsideration [26], and grants the motion in part. Because Schedule A in this case lists the same Defendant as both Defendant #1 and Defendant #2 since there are two different product numbers at issue regarding that one Defendant, the Court corrects its order entered on 11/7/24 [25] to reflect that this case will proceed as to Defendant #1 and #2 only. Defendants 3-12 and 14-17 are dismissed without prejudice for improper joinder. Any further request for reconsideration is denied. No appearance is necessary on 11/20/24. Emailed notice. |
| 11/12/2024 | NOTICE of Motion by Allen Justin Poplin for presentment of motion to clarify[26] before Honorable LaShonda A. Hunt on 11/20/2024 at 10:00 AM. (Poplin, Allen Justin) |
| 11/12/2024 | MOTION by Plaintiff Xiaoling Che to clarify [25] (Poplin, Allen Justin) |
| 11/07/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order [18] questioning whether Plaintiff had met its burden of establishing that permissive joinder of 17 Defendants in this case was proper under 35 U.S.C. § 299. Plaintiff was granted leave to file either a supplemental memorandum or an amended Schedule A consistent with that ruling. In response, Plaintiff filed a supplemental memorandum regarding joinder [21] and the declaration of Xiaoling Che [22], in which Plaintiff copied and pasted her joinder argument from her complaint, which the Court has already determined to be insufficient to support joinder in this case. Namely, Plaintiff continues to allege that the defendants are all selling products that are the same in all relevant respects. Plaintiff presumably contends that such similarities support its conclusory allegation that Defendants' actions arise out of the same transaction, occurrence, or series of transactions or occurrences, but the Court remains unconvinced. See Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024) (finding that plaintiff's allegations that all of the defendants' online storefronts share numerous similarities, are located in China, and have a similar number of employees were insufficient to establish joinder under 35 U.S.C. § 299). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendants 2-12 and 14-17 without prejudice for improper joinder. This action will proceed as to Defendant 1 only. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [5] and Motion for Temporary Restraining Order [6] as to all Defendants are terminated as moot. By 11/21/24, Plaintiff may file a renewed TRO motion and motion for alternative service as to Defendant 1, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant 1, all previously sealed documents will be unsealed, and this case may be dismissed for want of prosecution. Emailed notice. |
| 10/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 23 is granted. The unredacted version of the Che Declaration 22 shall remain under seal until further court order. Emailed notice. |
| 10/17/2024 | MOTION by Plaintiff Xiaoling Che to seal 22 (Poplin, Allen Justin) |
| 10/17/2024 | SEALED EXHIBIT by Plaintiff Xiaoling Che Che Declaration regarding memorandum, 21 (Poplin, Allen Justin) |
| 10/17/2024 | MEMORANDUM order on motion for miscellaneous relief, order on motion for temporary restraining order, order on motion to seal, set deadlines, terminate motions, terminate hearings, 18 by Xiaoling Che 附件： 1:(Declaration Che Declaration)(Poplin, Allen Justin) |
| 10/10/2024 | NOTICE of Voluntary Dismissal by Xiaoling Che regarding Defendant 13 |
| 10/09/2024 | ATTORNEY Appearance for Plaintiff Xiaoling Che by Wangxue Deng |
| 10/09/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 17 Defendants in this single case and seeks ex parte TRO relief against each of them 6. However, after reviewing the complaint 1 and other filings, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See 35 U.S.C. § 299; Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *1 (N.D. Ill. Jan. 4, 2024) ("accused infringers may not be joined in one action as defendants. based solely on allegations that they each have infringed the patent or patents in suit."). By 10/23/24, Plaintiff must either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file under seal an amended Schedule A with a subset of Defendants, along with an amended declaration that explains how each of these Defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only. The motion for a TRO 6 and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 5 are taken under advisement until the joinder issue is resolved. The motion for leave to file under seal 16 is granted. The declaration of Allen Justin Poplin 15 shall remain sealed until further court order. No appearance is necessary on 10/15/24. Emailed notice. |
| 10/08/2024 | NOTICE of Motion by Allen Justin Poplin for presentment of motion to seal 16, motion for temporary restraining order 6, motion for miscellaneous relief 5 before Honorable LaShonda A. Hunt on 10/15/2024 at 10:00 AM. (Poplin, Allen Justin) |
| 10/08/2024 | MOTION by Plaintiff Xiaoling Che to seal 15 (Poplin, Allen Justin) |
| 10/08/2024 | SEALED EXHIBIT by Plaintiff Xiaoling Che Declaration regarding exhibit 14, MOTION by Plaintiff Xiaoling Che for temporary restraining order 6, memorandum in support of motion 7, exhibit 13 (Poplin, Allen Justin) |
| 10/08/2024 | EXHIBIT by Plaintiff Xiaoling Che Redacted Declaration regarding MOTION by Plaintiff Xiaoling Che for temporary restraining order 6, memorandum in support of motion 7, exhibit 13 (Poplin, Allen Justin) |
| 10/08/2024 | EXHIBIT by Plaintiff Xiaoling Che Verification regarding MOTION by Plaintiff Xiaoling Che for temporary restraining order 6, memorandum in support of motion 7 (Poplin, Allen Justin) |
| 10/03/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 4 is granted. Schedule A 3 shall remain sealed until further court order. Emailed notice. |
| 10/02/2024 | 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. |
| 10/02/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 1). |
| 10/02/2024 | MAILED patent report to Patent Trademark Office, Alexandria VA. |
| 10/01/2024 | Notice of Patent Claims by Xiaoling Che (Poplin, Allen Justin) |
| 10/01/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Xiaoling Che (Poplin, Allen Justin) |
| 10/01/2024 | ATTORNEY Appearance for Plaintiff Xiaoling Che by Allen Justin Poplin (Poplin, Allen Justin) |
| 10/01/2024 | MEMORANDUM by Xiaoling Che in support of motion for temporary restraining order 6 (Poplin, Allen Justin) |
| 10/01/2024 | MOTION by Plaintiff Xiaoling Che for temporary restraining order (Poplin, Allen Justin) |
| 10/01/2024 | MOTION by Plaintiff Xiaoling Chealternate service (Poplin, Allen Justin) |
| 10/01/2024 | MOTION by Plaintiff Xiaoling Che to seal 3 (Poplin, Allen Justin) |
| 10/01/2024 | SEALED EXHIBIT by Plaintiff Xiaoling Che Schedule A regarding complaint 1 (Poplin, Allen Justin) |
| 10/01/2024 | CIVIL Cover Sheet (Poplin, Allen Justin) |
| 10/01/2024 | COMPLAINT filed by Xiaoling Che; Jury Demand. Filing fee $ 405, receipt number AILNDC-22547498. 附件： 1:Exhibit Schedule A 2:(Exhibit 1)(Poplin, Allen Justin) |
