最近更新：2025-01-19
2024-cv-11516
| 日期 | 描述 |
|---|---|
| 01/14/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: The parties failed to file a Scheduling Order for Patent Cases by 1/7/25 as previously ordered by the Court 27. By 1/17/25, the parties are ordered to file the overdue Scheduling Order. Otherwise, the case will be dismissed for want of prosecution. Mailed notice (gel,) |
| 12/20/2024 | 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 12/20/2024: Mailed notice. |
| 12/19/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff filed two sealed motions 28 31 without leave of court or complying with the requirements under Local Rule 26.2. As such, the motions 28 31 are stricken. Even if these motions were properly before the Court, both would be denied. Essentially, Plaintiff takes issue with the Court unsealing documents 27 in this patent infringement case where Plaintiff has taken no steps to move forward with any sense of urgency. As the Court has already explained 15, Plaintiff is not entitled to file actions anonymously any more than Plaintiff can indefinitely hide behind sealed documents to support requests for extraordinary ex parte relief against dozens of defendants. Parties who chose to file cases in this district must familiarize themselves with the procedures and rules and be prepared to act expeditiously. At this point, all documents have been unsealed and will not be resealed. Plaintiff's Motion to Appear by Telephone 29 is denied as moot. The presentment notices for 1/2/25 30 32 are stricken, as that is a listed date when Judge Hunt is not sitting. Emailed notice. |
| 12/18/2024 | SEALED MOTION by Plaintiff Hao Hu Emergency Motion |
| 12/18/2024 | MOTION by Plaintiff Hao Hu for leave to appear as by telephone |
| 12/18/2024 | SEALED MOTION by Plaintiff Hao Hu |
| 12/17/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On 12/9/24, Plaintiff filed a Renewed Ex Parte Motion for Entry of (1) a Temporary Restraining Order, (2) Asset Restraining Order, (3) Expedited Discovery, and (4) Service of Process by Email [21]; however, Plaintiff failed to comply with Judge Hunt's case procedures, which require Plaintiff to submit a proposed order to the Court's proposed order inbox. Despite multiple requests, to date, no order has been submitted. Accordingly, Plaintiff's renewed motion for TRO [21] is denied without prejudice. Plaintiff's Motion for Leave to Appear by Telephone [24] is stricken as untimely. No appearance is necessary on 12/18/24. Emailed notice. |
| 12/17/2024 | MOTION by Plaintiff Hao Hu for leave to appear as Appear by Telephone for motion hearing |
| 12/12/2024 | NOTICE of Motion by Liping Peng for presentment of motion for temporary restraining order 21 before Honorable LaShonda A. Hunt on 12/18/2024 at 10:00 AM. |
| 12/09/2024 | SEALED DOCUMENT by Plaintiff Hao Hu Amended Schedule A |
| 12/09/2024 | MOTION by Plaintiff Hao Hu for temporary restraining order Renewed Motion for TRO |
| 11/25/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 16 questioning whether Plaintiff had met its burden of establishing that permissive joinder of 64 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 memorandum 17, arguing that joinder is proper because Defendants are selling "substantially similar products that are almost certainly from the same source," and Defendants' online stores used "almost identical" product images. 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 2-64 without prejudice for improper joinder. This action will proceed as to Defendant 1 only. Plaintiff's Ex Parte Motion for Entry of (1) A Temporary Restraining Order, (2) Asset Restraining Order, (3) Expedited Discovery Order, and (4) Service of Process by Email 8 as to all Defendants is terminated as moot. By 12/9/24, Plaintiff may file a renewed TRO motion 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. |
| 11/25/2024 | AMENDED complaint by Patent Holder As Identified in Exhibit 1 against The Partnerships And Unincorporated Associations Identified On Schedule A 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 11/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 64 Defendants in this single case and seeks ex parte TRO relief against each of them 8. 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 12/4/24, 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 8 is taken under advisement until the joinder issue is resolved. No appearance is necessary on 11/20/24. Emailed notice. |
| 11/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Under Seal 7 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff has filed an ex parte TRO motion 8, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); see also Doe v. Loyola Univ. Chicago, 100 F.4th 910, 913 (7th Cir. 2024). Thus, Plaintiff's request to seal its Complaint 2 and the exhibits containing Plaintiff's intellectual property registrations [2-1] is denied. By 11/25/24, Plaintiff must file an amended complaint identifying itself. Conversely, subject to unsealing at an appropriate time, Plaintiff may file under seal its Schedule A 3 and TRO memorandum and accompanying documents 9, [9-1], [9-2], 10, 11. The Clerk's Office is directed, forthwith, to unseal the following filings: 2 and [2-1]. The documents filed at 9, [9-1], [9-2], 10, and 11 shall remain under seal pending further order of the Court. No appearance is necessary on 11/20/24. Emailed notice. |
| 11/18/2024 | ATTORNEY Appearance for Plaintiff Patent Holder As Identified in Exhibit 1 by Lance Christopher Venable |
| 11/18/2024 | ATTORNEY Appearance for Plaintiff Patent Holder As Identified in Exhibit 1 by Bruce Zeason Ho Bruce Zeason |
| 11/12/2024 | MOTION by Plaintiff Patent Holder As Identified in Exhibit 1 for temporary restraining order a temporary asset restraint, expedited discovery and service of process by email |
| 11/12/2024 | MOTION by Plaintiff Patent Holder As Identified in Exhibit 1 for leave to file UNDER SEAL |
| 11/11/2024 | ATTORNEY Appearance for Plaintiff Patent Holder As Identified in Exhibit 1 by Liping Peng |
| 11/11/2024 | CIVIL Cover Sheet |
| 11/11/2024 | SEALED EXHIBIT by Plaintiff Patent Holder As Identified in Exhibit 1 Schedule A |
| 11/11/2024 | SEALED EXHIBIT by Plaintiff Patent Holder As Identified in Exhibit 1 附件： 1:(Exhibit 1) |
| 11/11/2024 | COMPLAINT filed by Patent Holder As Identified in Exhibit 1; jury demand. Filing fee $ 405, receipt number AILNDC-22710615. 附件： 1:Exhibit 3 2:(Exhibit 4) 3:Exhibit 2 |
