最近更新:2024-12-25
更新

2024-cv-00436

Dyson Technology Limited v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:01/17/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
10/29/2024 NOTICE of Removal of Material from the Custody of the Clerk's Office: Doc. #28 Surety Bond in the amount of $10,000 by John Summerfield of Greer, Burns & Crain, Ltd. (Received by Intake Counter on 10/29/24).
06/26/2024 DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 6/26/2024. Mailed notice
06/26/2024 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 6/26/2024 on Plaintiff's motion for default judgment 73. No defaulting defendant having appeared to object to the motion or otherwise, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion for entry of default and default judgment as to the Defendants identified in the accompanying Amended Schedule A 73. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice
06/21/2024 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment[73] before Honorable John Robert Blakey on 6/26/2024 at 11:00 AM.
附件:
1:Exhibit A
06/21/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[74]
附件:
1:Exhibit 1
06/21/2024 MEMORANDUM by Dyson Technology Limited in support of motion for entry of default, motion for default judgment[73]
附件:
1:Exhibit 1
06/21/2024 MOTION by Plaintiff Dyson Technology Limited for entry of default, MOTION by Plaintiff Dyson Technology Limited for default judgment as to all Defendants
附件:
1:Exhibit A
06/04/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the stipulation of dismissal [71], this case dismissed without prejudice as to Defendants ANZOOM and zhengyunUS. Absent reinstatement within 270 days of the entry of this order, this dismissal will convert to one with prejudice without further order or the Court. Mailed notice
05/31/2024 STIPULATION of Dismissal as to certain Defendants
05/20/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [69], this case is dismissed without prejudice as to Defendants ASUNCELL 2, LordPower 15, NinsoneUS 18, adapbat 39, akku-mall2016 40, chocolate_chip_part 42, energy-up-2020 43, one_more_battery 45 and premiumbattery2021 47. Absent reinstatement within 270 days of the entry of this order, this dismissal will convert to one with prejudice without further order or the Court. Mailed notice
05/09/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
05/01/2024 MINUTE entry before the Honorable John Robert Blakey: Having reviewed the 4/30/24 status report [66], [67] filed by Plaintiff and Defendants ANZOOM and ZHENGYUNUS, the Court sets initial case management dates as follows: the parties shall exchange Rule 26(a)(1) disclosures by 5/15/24, issue written discovery by 5/31/24, and complete fact discovery by 12/31/24. The parties shall file an updated status report by 1/10/25, confirming that fact discovery is complete and indicating definitively whether either side will require expert discovery or seek summary judgment. If at any time the parties agree that a settlement conference with the assigned Magistrate Judge makes sense, they should call chambers to so advise. This schedule shall apply to all answering Defendants. Mailed notice.
04/30/2024 STATUS Report - joint report by ANZOOM, zhengyunUS
04/30/2024 STATUS Report per [57] by Dyson Technology Limited
04/24/2024 MINUTE entry before the Honorable John Robert Blakey: The Court grants the motion to extend time filed by Defendants 2 ASUNCELL, 39 adapbat, 40 akku-mall2016, 42 chocolate_chip_part, 43 energy-up-2020, 45 one_more_battery, and 47 premiumbattery2021 [62], over objection, and strikes the 4/24/24 Notice of Motion date. These Defendants shall respond to the complaint by 5/2/24. Mailed notice.
04/23/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Jennifer Van Nacht
04/18/2024 OPPOSED NOTICE of Motion by Christopher Paul Keleher for presentment of motion for extension of time to file answer[62] before Honorable John Robert Blakey on 4/24/2024 at 11:00 AM.
04/18/2024 MOTION by Defendants ASUNCELL, adapbat, akku-mall2016, chocolate_chip_part, energy-up-2020, one_more_battery, premiumbattery2021 for extension of time to file answer regarding complaint[1] OPPOSED
04/18/2024 ATTORNEY Appearance for Defendants ASUNCELL, adapbat, akku-mall2016, chocolate_chip_part, energy-up-2020, one_more_battery, premiumbattery2021 by Christopher Paul Keleher
04/17/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [58], this case is dismissed without prejudice as to Defendant SZJS (25). Absent reinstatement on or before 270 days of the entry of this order, this defendant will be dismissed with prejudice. Mailed notice
04/11/2024 STATUS Report pursuant to [44] by Dyson Technology Limited
附件:
1:Exhibit A
04/11/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant
04/05/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [56], this case is dismissed without prejudice as to Defendant XIangYuan (No. 29). Absent reinstatement by 12/31/24, the dismissal of this Defendant shall automatically convert to a dismissal with prejudice. Additionally, the Court denies Plaintiff's motion to strike [48]. Although Defendants ANZOOM and ZHENGYUNUS filed their answer late and without leave, the Court declines to strike the pleading; indeed, if these Defendants had asked for more time, the Court would have granted that motion. The Court will, however, expect strict compliance with its rules and orders in the future. These parties shall file a joint status report by 4/30/24 proposing reasonable case management dates. Mailed notice
04/04/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendant
03/29/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [54], Defendants SBY-SZ, SHIQ and tangavi are dismissed without prejudice. Absent reinstatement on or before 270 days of the entry of this order, these defendants will be dismissed with prejudice without further order of the Court. Mailed notice
03/28/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
03/25/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [45], this case is dismissed without prejudice as to the following Defendants under Rule 41(a): Epowon 7; GDLIFE 8; Hubei electronic 10; Swidan01 24; and XJK-US 31. Absent reinstatement by 12/6/24, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. The Court takes under advisement Plaintiff's motion to strike [48], strikes the 3/27/24 Notice of Motion date, and orders Defendants ANZOOM and ZHENGYUNUS to respond to the motion by 4/1/24. Mailed notice
03/24/2024 RESPONSE by ANZOOM, zhengyunUSin Opposition to MOTION by Plaintiff Dyson Technology Limited to strike Defendants ANZOOM's and zhengyunUS's Answer and Affirmative Defenses [46] (Opposed) [48]
03/21/2024 CERTIFICATE Notice of Servicing 30(b)(6) deposition notice by Defendants ANZOOM and ZHENGYUNUS
03/21/2024 CERTIFICATE Notice of Service of Initial Disclosure by Defendants ANZOOM and ZHENGYUNUS
03/21/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion to strike[48] before Honorable John Robert Blakey on 3/27/2024 at 11:00 AM.
03/21/2024 MOTION by Plaintiff Dyson Technology Limited to strike Defendants ANZOOM's and zhengyunUS's Answer and Affirmative Defenses [46] (Opposed)
附件:
1:Exhibit 1
03/20/2024 JURY Demand
03/20/2024 ANSWER to Complaint by ANZOOM, zhengyunUS
03/14/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
03/11/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [43], the Court dismisses this case without prejudice as to the following Defendants under Rule 41(a): Chida Store 4; hailing shop 9; yunfeng shop 35; borraymond 41; and hsh-008 44. Absent reinstatement by 12/6/24, this dismissal shall automatically convert to a dismissal with prejudice as to these Defendants. The Court strikes the 4/11/24 status hearing date and orders Plaintiff instead to file a status report by this date. Mailed notice
03/07/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
03/01/2024 ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Zheng Liu
03/01/2024 ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Jingyi Guo
02/29/2024 ATTORNEY Appearance for Defendants ANZOOM, zhengyunUS by Zheng Liu
02/27/2024 NEW PARTIES: ANZOOM, ASUNCELL, Cerman-US, Chida Store, CS Cameron Sino Battery, EGR Digital, Epowon, GDLIFE, hailing shop, Hubei electronic, IASOBLI US, LJO-EEIH INC, LongLingBattery, Lordone-US, LordPower, mei zhenshop, Mikyo-US, NinsoneUS, RL Direct, SBY-SZ, SHIQ, simlewareUS, Sungotech, Swidan01, SZJS, tangavi, tejieying, XHS-BATTERY, XIangYuan, XIONG GE, XJK-US, YCDZ-US, yun yun shop, yunfeng shop, zgh123, ZHEAIUS, zhengyunUS, adapbat, akku-mall2016, borraymond, chocolate_chip_part, energy-up-2020, hsh-008, one_more_battery, premiumbattery2021 and smallgrocery002 added to case caption.
02/27/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 2/27/2024. Mailed notice
02/27/2024 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction [29]. Plaintiff appeared but no Defendants appeared. As a preliminary matter, the Court finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration, that, "even though Defendants operate under multiple fictitious aliases, the e-commerce stores operating under 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. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Infringing Products for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." [16] 15. Plaintiff has also alleged, and established via declaration, that Defendants are working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." Id. 18. For present purposes, this satisfies the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. Additionally, based upon the same findings made in this Court's TRO [23], and in the absence of any appearance or objection from any Defendant, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [29]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 4/11/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice
02/26/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Marcella Deshonda Slay
02/23/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 35, this case is dismissed without prejudice as to Defendants Yongcell (No. 33) and power-tool-batteries (No. 46). Absent reinstatement by 9/30/24, this dismissal shall automatically convert to a dismissal with prejudice. The Court also strikes the 2/28/24 motion hearing date and will take up Plaintiff's preliminary injunction motion 29 on 2/27/24. Mailed notice
02/22/2024 NOTICE of Voluntary Dismissal by Dyson Technology Limited as to certain defendants
02/20/2024 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction[29] before Honorable John Robert Blakey on 2/27/2024 at 11:00 AM.
附件:
1:Exhibit A
02/15/2024 SUMMONS Returned Executed by Dyson Technology Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/15/2024, answer due 3/7/2024.
附件:
1:Declaration of Andrew D. Burnham
2:(Exhibit A)
02/15/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the Court strikes the 2/21/24 Notice of Motion date and resets the hearing on Plaintiff's preliminary injunction motion 29 to 2/28/24 at 11:00 a.m. in Courtroom 1203. Mailed notice
02/15/2024 NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 29 before Honorable John Robert Blakey on 2/21/2024 at 11:00 AM.
附件:
1:(Exhibit A)
02/15/2024 MEMORANDUM by Dyson Technology Limited in support of motion for preliminary injunction 29
附件:
1:Declaration of Justin T. Joseph
2:(Exhibit 1)
02/15/2024 MOTION by Plaintiff Dyson Technology Limited for preliminary injunction
附件:
1:(Exhibit A)
02/05/2024 SURETY BOND in the amount of $ 10,000 posted by Dyson Technology Limited. (Document not Imaged)
02/06/2024 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 24 to extend the temporary restraining order entered 1/30/24 23. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 2/27/24. The 2/7/24 Notice of Motion date is stricken. Mailed notice
02/02/2024 NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 24 before Honorable John Robert Blakey on 2/7/2024 at 11:00 AM.
02/02/2024 MEMORANDUM by Dyson Technology Limited in support of extension of time 24
附件:
1:(Declaration of Justin T. Joseph)
02/02/2024 MOTION by Plaintiff Dyson Technology Limited for extension of time of Temporary Restraining Order
01/30/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
01/30/2024 SEALED ORDER Signed by the Honorable John Robert Blakey on 1/30/2024. Mailed notice
01/30/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal [4] and motion for electronic service of process [18] and strikes the 1/31/24 Notice of Motion date. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [13]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 2/13/24. Mailed notice
01/23/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 18, motion for temporary restraining order 13, motion for leave to file 4 before Honorable John Robert Blakey on 1/31/2024 at 11:00 AM.
01/23/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19
附件:
1:Exhibit 1
2:(Exhibit 2)
01/23/2024 MEMORANDUM by Dyson Technology Limited in support of motion for miscellaneous relief 18
01/23/2024 MOTION by Plaintiff Dyson Technology Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
01/23/2024 SEALED EXHIBIT by Plaintiff Dyson Technology Limited Exhibit 2 - Parts 1-6 regarding declaration 16
附件:
1:Exhibit 2-1
2:Exhibit 2-2
3:Exhibit 2-3
4:Exhibit 2-4
5:Exhibit 2-5
6:(Exhibit 2-6)
01/23/2024 DECLARATION of Giles Samuel Lane regarding memorandum in support of motion 14
附件:
1:(Exhibit 1)
01/23/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
附件:
1:Exhibit 1
2:(Exhibit 2)
01/23/2024 MEMORANDUM by Dyson Technology Limited in support of motion for temporary restraining order 13
01/23/2024 MOTION by Plaintiff Dyson Technology Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
01/19/2024 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.
01/19/2024 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1).
01/18/2024 MAILED Patent report to Patent Trademark Office, Alexandria VA
01/17/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Andrew Daniel Burnham
01/17/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Justin Tyler Joseph
01/17/2024 ATTORNEY Appearance for Plaintiff Dyson Technology Limited by Lawrence J. Crain

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