最近更新：2025-01-16
2024-cv-11190
| 日期 | 描述 |
|---|---|
| 01/03/2025 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 1/3/2025. Mailed notice |
| 01/03/2025 | 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 36 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 40 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 1/9/2025 is stricken. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice |
| 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 | CERTIFICATE of Service by Plaintiff FCA US LLC regarding order on motion for entry of default, terminate deadlines, terminate hearings, set/reset hearings, 39 附件： 1:(Exhibit A) |
| 12/26/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 36 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 1/2/2025. 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 1/2/2025. 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 1/9/2025 at 9:15 a.m. Plaintiff need not file the status report as directed by the Court's order dated 11/21/2024. Telephone status hearing set for 1/16/2025 is stricken. Emailed notice |
| 12/23/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 37 附件： 1:(Exhibit 3) 2:Exhibit 2 3:Exhibit 1 |
| 12/23/2024 | MEMORANDUM by FCA US LLC in support of motion for entry of default, motion for default judgment 36 |
| 12/23/2024 | MOTION by Plaintiff FCA US LLC for entry of default, MOTION by Plaintiff FCA US LLC for default judgment as to all Defendants 附件： 1:(Exhibit A) |
| 12/23/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Yu Hin Jeffrey Tsai (Tsai, Yu Hin) |
| 11/27/2024 | SUMMONS Returned Executed by FCA US LLC as to the Individuals and Entities Operating yuetuan on 11/27/2024, answer due 12/18/2024; yuetuan on 11/27/2024, answer due 12/18/2024. 附件： 1:(Exhibit A) 2:Declaration of Berel Y. Lakovitsky |
| 11/27/2024 | SUMMONS Issued as to Defendant yuetuan and the Individuals and Entities Operating yuetuan |
| 11/21/2024 | ORDER FOR EXPEDITED DISCOVERY AND E-SERVICE. Signed by the Honorable Sunil R. Harjani on 11/21/2024. Mailed notice |
| 11/21/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for expedited discovery 28 and renewed motion for electronic service of process 29 are granted. 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 defendant. Expedited discovery is warranted to identify defendant. Enter Order for Expedited Discovery and E-Service. By 1/9/2025, Plaintiff shall file a status report with an update on the case. Telephone status hearing is set for 1/16/2025 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 |
| 11/20/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[30] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 11/20/2024 | MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief[29] |
| 11/20/2024 | MOTION by Plaintiff FCA US LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Renewed) |
| 11/20/2024 | MOTION by Plaintiff FCA US LLC for discovery (Expedited) |
| 11/14/2024 | EXHIBIT by Plaintiff FCA US LLC Second Amended Schedule A regarding amended complaint, 26 |
| 11/14/2024 | Second AMENDED complaint by FCA US LLC against yuetuan, the Individuals and Entities Operating yuetuan and terminating The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 11/12/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder [23] and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 50 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the 50 defendants are infringing upon plaintiff's trademarks, plaintiff claims generally that joinder is proper because, inter alia, the defendants share similarities such as: (1) use of nondescript Seller Aliases; (2) no credible information regarding defendants' identity and physical addresses is provided; (3) defendants show evidence of market coordination, i.e., using the same advertising and marketing strategies to target consumers; and (4) the ecommerce stores at the seller aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. Doc. 23 at 7. The fact that defendants operate under nondescript aliases, do not provide credible identity or physical address information, use the same advertising and marketing strategies to target consumers, and use webpages that omit any contact information or other identifying information "does nothing to support joinder either because these allegations are highly generic and apply equally to individuals and entities engaging in activities that are wholly unrelated to this suit." Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos, P'ships, & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021); Ilustrata Servicos Design, Ltda. v. P'ships and Unincorporated Ass'ns on Schedule A, 2021 WL 5396690, at *2 (N.D. Ill. Nov. 18, 2021). Other than omitting contact or identifying information, plaintiff does provide any specific examples of the ecommerce stores' shared unique identifiers or common design elements and instead the record contains Exhibit 2 to the Declaration of Thomas H. Hipelius (which includes 168 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Doc. 19. It is not this Court's job to sift through hundreds of pages of materials to look for a relationship between the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The P'ships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joining all 50 defendants in this single lawsuit is proper here. See Viking Arm AS v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024); Art Ask Agency, 2021 WL 5493226, at *2; H-D U.S.A. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 780486, at *3 (N.D. Ill. Mar. 1, 2021). Accordingly, plaintiff's motion for temporary restraining order [15] and motion for electronic service [20] are denied without prejudice. Plaintiff's motion for leave to file under seal [3] is granted. By 11/20/2024, plaintiff is ordered to amend the complaint to eliminate all improperly joined defendants. H-D U.S.A., 2021 WL 780486, at *2 ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). Mailed notice |
| 10/31/2024 | DECLARATION of Justin R. Gaudio regarding memorandum 23 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:(Exhibit 8) 7:Exhibit 7 8:Exhibit 6 |
| 10/31/2024 | MEMORANDUM by FCA US LLC Establishing that Joinder is Proper |
| 10/31/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21 附件： 1:(Exhibit 2) 2:Exhibit 1 |
| 10/31/2024 | MEMORANDUM by FCA US LLC in support of motion for miscellaneous relief 20 |
| 10/31/2024 | MOTION by Plaintiff FCA US LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 10/31/2024 | SEALED EXHIBIT by Plaintiff FCA US LLC Exhibit 2 regarding declaration 18 |
| 10/31/2024 | DECLARATION of Thomas H. Hipelius regarding memorandum in support of motion 16 附件： 1:(Exhibit 1) |
| 10/31/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 16 附件： 1:(Exhibit 4) 2:Exhibit 3 3:Exhibit 2 4:Exhibit 1 |
| 10/31/2024 | MEMORANDUM by FCA US LLC in support of motion for temporary restraining order 15 |
| 10/31/2024 | MOTION by Plaintiff FCA US LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 10/31/2024 | SEALED EXHIBIT by Plaintiff FCA US LLC Amended Schedule A regarding amended complaint 13 |
| 10/31/2024 | AMENDED complaint by FCA US LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit 4) 2:Exhibit 3 3:Exhibit 2 4:Exhibit 1 |
| 10/31/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 10/31/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 10/30/2024 | 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. |
| 10/30/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). |
| 10/30/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Berel Yonathan Lakovitsky |
| 10/30/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Kahlia Roe Halpern |
| 10/30/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Amy Crout Ziegler |
| 10/30/2024 | ATTORNEY Appearance for Plaintiff FCA US LLC by Justin R. Gaudio |
| 10/30/2024 | Notice of Claims Involving Trademarks by FCA US LLC |
| 10/30/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FCA US LLC |
| 10/30/2024 | CIVIL Cover Sheet |
| 10/30/2024 | MOTION by Plaintiff FCA US LLC for leave to file under seal |
| 10/30/2024 | SEALED EXHIBIT by Plaintiff FCA US LLC Schedule A regarding complaint[1] |
| 10/30/2024 | COMPLAINT filed by FCA US LLC; Filing fee $ 405, receipt number AILNDC-22671668. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
