最近更新:2025-01-18
更新

2024-cv-11880

Carrie Schmitt v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:11/19/2024

法院:伊利诺伊州北区法院

品牌:Carrie 花卉插画

律所:Keith

日期 描述
01/14/2025 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 17 Franterd - 7-20 Days Delivery and no. 27 Lisdwdeus
01/07/2025 CERTIFICATE of Service by Plaintiff Carrie Schmitt regarding text entry, 33
01/07/2025 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 1/7/2025.Mailed notice
01/07/2025 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 31 for entry of default and default judgment against all 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 1/17/25. If no objections are filed by that date, the Court will consider the motion unopposed. 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. Mailed notice
01/03/2025 MOTION by Plaintiff Carrie Schmitt for default judgment as to the Defendants Identified in First Amended Schedule A
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.
12/30/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 22 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 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. By 1/3/25, plaintiff shall submit an updated proposed preliminary injunction order reflecting only the remaining defendants to the Court's proposed order inbox (proposed_order_cummings@ilnd.uscourts.gov). 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. Mailed notice
12/05/2024 CERTIFICATE of Service by Keith A. Vogt on behalf of Carrie Schmitt regarding text entry, 25
12/05/2024 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 22. In connection with that motion, plaintiff must serve all remaining 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 or before December 17, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. 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. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice
12/04/2024 SUMMONS Returned Executed by Carrie Schmitt as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/4/2024, answer due 12/25/2024.
附件:
1:(Declaration of Service)
12/04/2024 MEMORANDUM by Carrie Schmitt in support of motion for preliminary injunction 22
附件:
1:(Exhibit 1, of Keith A. Vogt's declaration)
2:Declaration of Keith A. Vogt
12/04/2024 MOTION by Plaintiff Carrie Schmitt for preliminary injunction
12/03/2024 SURETY BOND in the amount of $ 10,000 posted by Carrie Schmitt. (Document not imaged)
11/27/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
11/27/2024 ENTER SEALED ORDER. Signed by the Honorable Jeffrey I Cummings on 11/27/2024:Mailed notice
11/27/2024 MINUTE entry before the Honorable Jeffrey I. Cummings: Plaintiff's motion for leave to file under seal 12, motion for leave to filed excess pages 13, and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and motion for electronic service of process 15 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 goods, 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. Status hearing is set for 2/3/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
11/20/2024 MAILED Copyright report to Registrar, Washington DC
11/19/2024 SEALED EXHIBIT by Plaintiff Carrie Schmitt Sealed Exhibit 2, Declaration of Carrie Schmitt regarding memorandum in support of motion, 15
附件:
1:(Exhibit 2-1)
11/19/2024 MEMORANDUM in support of 14 Exparte motion
附件:
1:(Exhibit 1, of Carrie Schmitt's declaration)
2:Declaration of Carrie Schmitt
3:Exhibit 1-4, of of Keith A. Vogt's declaration
4:Declaration of Keith A. Vogt
11/19/2024 MOTION by Plaintiff Carrie Schmitt for leave to file excess pages
11/19/2024 MOTION by Plaintiff Carrie Schmitt for leave to file under seal
11/19/2024 SEALED DOCUMENT by Plaintiff Carrie Schmitt Amended Schedule A to the Complaint 1 and Schedule A 2
11/19/2024 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.
11/19/2024 CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3).
11/19/2024 ATTORNEY Appearance for Plaintiff Carrie Schmitt by Christopher Romero
11/19/2024 ATTORNEY Appearance for Plaintiff Carrie Schmitt by Monica Rita Martin
11/19/2024 ATTORNEY Appearance for Plaintiff Carrie Schmitt by Cameron Eugene Mcintyre
11/19/2024 ATTORNEY Appearance for Plaintiff Carrie Schmitt by Adam Grodman
11/19/2024 ATTORNEY Appearance for Plaintiff Carrie Schmitt by Yi Bu
11/19/2024 ATTORNEY Appearance for Plaintiff Carrie Schmitt by Yanling Jiang
11/19/2024 ATTORNEY Appearance for Plaintiff Carrie Schmitt by Keith A. Vogt
11/19/2024 CIVIL Cover Sheet
11/19/2024 SEALED DOCUMENT by Plaintiff Carrie Schmitt Schedule A to Complaint 1
11/19/2024 COMPLAINT filed by Carrie Schmitt; Filing fee $ 405, receipt number AILNDC-22744481.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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