最近更新:2025-01-14
更新

2024-cv-09712

Jennifer Le Feuvre v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:10/08/2024

法院:伊利诺伊州北区法院

品牌:Jennifer 各种摩洛哥风格等版画

律所:Keith

日期 描述
01/03/2025 SATISFACTION of Judgment as to defendant no. 15 ELFTOWN and defendant no. 1 daunrzx0
11/26/2024 MINUTE entry before the Honorable Sunil R. Harjani: Pursuant to the Joint Stipulation of Dismissal 49 and Fed. R. Civ. P. 41(a)(1)(A)(ii), this matter is dismissed without prejudice as to the remaining defendant (No. 8 Melliflo) with each party to bear its own attorneys' fees, costs, and expenses. All pending motions, hearings, and deadlines are stricken. Civil case terminated. Mailed notice
11/25/2024 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant no. 8 Melliflo
11/20/2024 MINUTE entry before the Honorable Sunil R. Harjani: Joint Stipulation of Dismissal as to Defendant Milliflo (No. 8) is due by 12/5/2024. Tracking status set for 12/12/2024 at 9:15 a.m. but will be stricken if the voluntary dismissal has been filed. Mailed notice
11/14/2024 FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 11/14/2024. Mailed notice
11/14/2024 MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendant Melliflo (No. 8). No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 39 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 copyrights 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 42 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 11/20/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter separate Final Default Judgment Order. Mailed notice
11/14/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
11/08/2024 MINUTE entry before the Honorable Sunil R. Harjani: Defendant No. 8 Melliflo moves for an extension to time until 12/5/2024 to answer or otherwise respond to the complaint, which the Court construes as a motion to vacate the entry of default. The motion 43 is granted as unopposed, and the entry of default as to Defendant No. 8 Milliflo is vacated. Defendant No. 8 Milliflo shall answer or otherwise respond to the complaint by 12/5/2024. Mailed notice
11/07/2024 MOTION by Defendant Melliflo for extension of time to file answer regarding complaint 1 or otherwise respond (unopposed)
11/06/2024 CERTIFICATE of Service by Plaintiff Jennifer Le Feuvre regarding terminate hearings, set/reset hearings, 41
11/06/2024 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 39 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 11/13/2024. 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 11/13/2024. 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. Status hearing set for 11/20/2024 at 9:15 a.m. is converted to a tentative default judgment hearing. Telephone status hearing set for 12/4/2024 is stricken. Mailed notice
11/06/2024 MEMORANDUM by Jennifer Le Feuvre in support of motion for default judgment 39
附件:
1:(Declaration of Keith A. Vogt)
2:Exhibit 2
3:Exhibit 1
11/06/2024 MOTION by Plaintiff Jennifer Le Feuvre for default judgment as to Against the Defendants Identified in First Amended Schedule A
11/06/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
11/06/2024 ATTORNEY Appearance for Defendant Melliflo by Steven G Kalberg
11/06/2024 STIPULATION of Dismissal Joint as to Defendant Nos. 17 Yundily and 28 Jinsine
10/24/2024 NEW PARTIES: lightning deals of today XpigPq, Cindela, furnrous, TAOFULY-Summer Deals 2024, JIAZHOUHB, Ruziyoog Lightning Deals of Today, YouChangYun, Dreamlascar, LUFHBEHB, Lee-po-po, aimuha, Luooli(7-20 Days Delivery), Campbell4, Kuangminhua, qiegxs, MLXDZS, Conwinart, Defendant 9, Defendant 10, Defendant 23, Defendant 25 and Defendant 46 added to case caption.
10/24/2024 NEW PARTIES: daunrzx0, Nankean, Edor Tech, WAYEHA, Wantuin, GONGXIFAC, Melliflo, YangXiWan, DWTOO, hufsyy, ELFTOWN, Bengbobar Direct, KCOOLKA, CCClothes, Costaric Fashion Clothing, qingyushe, ZIXZMD, fuahas, Adol Fashion, Jiadianfuzhuang, FuXiangXue, baogededianpu, TongTongTongdamai and XingXuStore-US added to case caption.
10/24/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 10/24/2024. Mailed notice
10/24/2024 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary injunction hearing as to Defendants Yundily and Jinsine held. Counsel advised Defendants Yundily and Jinsine have reached a settlement. For the reasons stated on the record and without objection, Plaintiffs' oral motion for modification of the injunction order is granted. As to Defendants Yundily and Jinsine, the asset restraint at Amazon will be for the amount of the settlement. Stipulation to dismiss is due 11/13/2024. Tracking status set for 11/20/2024 at 9:15 a.m. but will be stricken if the stipulation has been filed. Counsel shall prepare a modified preliminary injunction order consistent with this Court's ruling to the Court's proposed order inbox (Proposed_Order_Harjani@ilnd.uscourts.gov). Mailed notice
10/23/2024 ATTORNEY Appearance for Defendants Yundily, Jinsine by David Randolph Bennett
10/23/2024 MINUTE entry before the Honorable Sunil R. Harjani: Docket entry no. 31 is enhanced to include the following: The Court has reviewed the briefing and will hear argument on the issue during tomorrow's hearing. Mailed notice
10/23/2024 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary injunction hearing as to Defendants Yundily and Jinsine set for 10/24/24 at 9:15 a.m. stands and shall proceed via videoconference. 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 1-650-479-3207 (US/Canada) and the access code is 2306 462 9454##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. The Court does not permit the use of cell phones for the videoconference. Mailed notice
10/23/2024 ATTORNEY Appearance for Defendants Lizxun-Store, Vohawsa by Lydia Pittaway
10/23/2024 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 10/23/2024. Mailed notice
10/23/2024 MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendants No. 17 Yundily and No. 28 Jinsine. Plaintiff's motion for a preliminary injunction 19 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 [21, 23] 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 10/24/2024 is stricken as to all defendants except Defendants No. 17 Yundily and No. 28 Jinsine. Summons was issued on 10/10/2024, and Defendants' responses to the complaint are due by 11/5/2024. Plaintiff should file any motion for entry of default and default judgment by 11/26/2024. 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 12/4/2024 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
10/22/2024 REPLY by Plaintiff Jennifer Le Feuvre to motion for preliminary injunction 19
10/21/2024 RESPONSE by Yundily, Jinsinein Opposition to MOTION by Plaintiff Jennifer Le Feuvre for preliminary injunction 19
附件:
1:(Exhibit C Jinsine's Sales Data)
2:Exhibit B Yundily's Sales Data
3:Exhibit A Defendants Accused Products Listing Date
4:Declaration Of Steven G. Kalberg
5:Exhibit List
10/17/2024 ATTORNEY Appearance for Defendants Yundily, Jinsine by Steven G Kalberg
10/15/2024 SURETY BOND in the amount of $50,000 posted by Jennifer Le Feuvre. (Document not scanned)
10/16/2024 CERTIFICATE of Service by Plaintiff Jennifer Le Feuvre regarding terminate hearings, set/reset hearings, 22
10/16/2024 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 19 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 10/21/2024." 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 10/21/2024. 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. Telephone status hearing set for 10/24/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice
10/15/2024 SUMMONS Returned Executed by Jennifer Le Feuvre as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/15/2024, answer due 11/5/2024.
附件:
1:(Declaration of Service)
10/15/2024 MEMORANDUM by Jennifer Le Feuvre in support of motion for preliminary injunction 19
附件:
1:(Exhibit 1, of Keith A. Vogt's declaration)
2:Declaration of Keith A. Vogt
10/15/2024 MOTION by Plaintiff Jennifer Le Feuvre for preliminary injunction
10/10/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
10/10/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 10/10/2024. Mailed notice
10/10/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 12, motion to exceed page limitation 13, and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, electronic service of process 14 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. 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 10:00 a.m. on 10/10/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 10/17/2024. Telephone status hearing is set for 10/24/2024 at 9:15 a.m. Mailed notice
10/08/2024 SEALED EXHIBIT by Plaintiff Jennifer Le Feuvre Sealed Exhibit 2, Declaration of Jennifer Le Feuvre regarding memorandum in support of motion, 15
附件:
1:(Exhibit 2-1)
10/08/2024 MEMORANDUM in support of 14 Exparte motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of of Keith A. Vogt's declaration
3:Declaration of Jennifer Le Feuvre
4:(Exhibit 1, of Jennifer Le Feuvre's declaration)
10/08/2024 MOTION by Plaintiff Jennifer Le Feuvre for leave to file excess pages
10/08/2024 MOTION by Plaintiff Jennifer Le Feuvre for leave to file under seal
10/08/2024 SEALED DOCUMENT by Plaintiff Jennifer Le Feuvre [Amended] Schedule A to Complaint 1 and Schedule A 2
10/08/2024 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.
10/08/2024 CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3).
10/08/2024 ATTORNEY Appearance for Plaintiff Jennifer Le Feuvre by Christopher Romero
10/08/2024 ATTORNEY Appearance for Plaintiff Jennifer Le Feuvre by Monica Rita Martin
10/08/2024 ATTORNEY Appearance for Plaintiff Jennifer Le Feuvre by Cameron Eugene Mcintyre
10/08/2024 ATTORNEY Appearance for Plaintiff Jennifer Le Feuvre by Adam Grodman
10/08/2024 ATTORNEY Appearance for Plaintiff Jennifer Le Feuvre by Yi Bu
10/08/2024 ATTORNEY Appearance for Plaintiff Jennifer Le Feuvre by Yanling Jiang
10/08/2024 ATTORNEY Appearance for Plaintiff Jennifer Le Feuvre by Keith A. Vogt
10/08/2024 CIVIL Cover Sheet
10/08/2024 SEALED DOCUMENT by Plaintiff Jennifer Le Feuvre Schedule A to Complaint 1
10/08/2024 COMPLAINT filed by Jennifer Le Feuvre; Filing fee $ 405, receipt number AILNDC-22576256.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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