最近更新:2025-01-17
更新

2024-cv-12469

Pushpeel LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期:12/04/2024

法院:伊利诺伊州北区法院

品牌:SENSORIAL ACTIVITY TOY 感官板

律所:GBC

日期 描述
01/16/2025 NOTICE of Voluntary Dismissal by Pushpeel LLC as to certain defendant
01/07/2025 NEW PARTIES: DROPOWER added to case caption.
01/07/2025 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 45. Summons were executed on 12/18/24 and Defendant's response to the complaint is due by 1/8/25 39. By 2/6/25, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Mailed notice
01/07/2025 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 1/7/2025. Mailed notice (gel,)
01/07/2025 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 34, which the Court now considers unopposed because no Defendant filed a notice of objection by the 1/6/25 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 26, 27, 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 [39-1], 42 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 to the Amended Complaint 13 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice
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 CERTIFICATE of Service by Plaintiff Pushpeel LLC regarding order on motion for preliminary injunction, set deadlines/hearings, 41
附件:
1:(Exhibit A)
12/19/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction 34 is taken under advisement. The in-person motion hearing set for 1/7/25, at 10:00AM is reset to a telephonic motion hearing on 1/7/25, at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 1/6/25 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice.
12/18/2024 CERTIFICATE of Service by Plaintiff Pushpeel LLC regarding order on motion for extension of time, terminate hearings, terminate motions, [33]
附件:
1:Exhibit A
12/18/2024 SUMMONS Returned Executed by Pushpeel LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/18/2024, answer due 1/8/2025.
附件:
1:Exhibit A
2:Declaration of Lucas A. Peterson
12/18/2024 EXHIBIT by Plaintiff Pushpeel LLC Exhibit A regarding MOTION by Plaintiff Pushpeel LLC for preliminary injunction [34], notice of motion[37]
12/18/2024 NOTICE of Motion by Trevor Christian Talhami for presentment of motion for preliminary injunction[34] before Honorable LaShonda A. Hunt on 1/7/2025 at 10:00 AM.
12/18/2024 DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[35]
12/18/2024 MEMORANDUM by Pushpeel LLC in support of motion for preliminary injunction[34]
12/18/2024 MOTION by Plaintiff Pushpeel LLC for preliminary injunction
12/17/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion to extend the temporary restraining order [29] is granted. The TRO is extended to 1/7/25 for the reasons stated in the order granting the initial TRO [26] [27]. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 12/19/24. Emailed notice.
12/17/2024 BOND in the amount of $1000.00, check, Receipt No. 100014374 posted by Pushpeel LLC
12/16/2024 NOTICE of Motion by Trevor Christian Talhami for presentment of extension of time[29] before Honorable LaShonda A. Hunt on 12/19/2024 at 10:00 AM.
12/16/2024 DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[30]
12/16/2024 MEMORANDUM by Pushpeel LLC in support of extension of time[29]
12/16/2024 MOTION by Plaintiff Pushpeel LLC for extension of time of Temporary Restraining Order
12/12/2024 Registry Deposit Information Form by Pushpeel LLC
12/12/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
12/10/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/10/2024. Emailed notice.
12/10/2024 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Dkt. 14) and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Dkt. 19) are granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 12/12/24. Emailed notice.
12/09/2024 NOTICE by Spkwis Direct re MOTION by Plaintiff Pushpeel LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery [14]
12/06/2024 ATTORNEY Appearance for Defendant Spkwis Direct by Huicheng Zhou
12/06/2024 MINUTE entry before the Honorable LaShonda A. Hunt: This case was filed on 12/4/24 (Dkt. 1) and has been reassigned to the calendar of Judge LaShonda A. Hunt (Dkt. 11). Plaintiff's motion for leave to file under seal [3] is granted. Schedule A [2] shall remain sealed until further court order. Emailed notice.
12/06/2024 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[14], motion for miscellaneous relief[19], motion for leave to file[3] before Honorable LaShonda A. Hunt on 12/12/2024 at 10:00 AM.
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]
12/06/2024 MEMORANDUM by Pushpeel LLC in support of motion for miscellaneous relief[19]
12/06/2024 MOTION by Plaintiff Pushpeel LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
12/06/2024 SEALED EXHIBIT by Plaintiff Pushpeel LLC Exhibit 2 regarding declaration[17]
12/06/2024 DECLARATION of Sayer Murphy regarding memorandum in support of motion[15]
附件:
1:Exhibit 1
12/06/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]
12/06/2024 MEMORANDUM by Pushpeel LLC in support of motion for temporary restraining order[14]
12/06/2024 MOTION by Plaintiff Pushpeel LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12/06/2024 SEALED EXHIBIT by Plaintiff Pushpeel LLC Schedule A regarding amended complaint[12]
12/06/2024 AMENDED complaint by Pushpeel LLC against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
12/05/2024 MINUTE entry before the Executive Committee: Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice.
12/05/2024 MAILED Copyright report to Registrar, Washington DC
12/04/2024 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.
12/04/2024 CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3).
12/04/2024 ATTORNEY Appearance for Plaintiff Pushpeel LLC by Lucas Allen Peterson
12/04/2024 ATTORNEY Appearance for Plaintiff Pushpeel LLC by Trevor Christian Talhami
12/04/2024 ATTORNEY Appearance for Plaintiff Pushpeel LLC by Amy Crout Ziegler
12/04/2024 ATTORNEY Appearance for Plaintiff Pushpeel LLC by Justin R. Gaudio
12/04/2024 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pushpeel LLC
12/04/2024 CIVIL Cover Sheet
12/04/2024 MOTION by Plaintiff Pushpeel LLC for leave to file under Seal
12/04/2024 SEALED EXHIBIT by Plaintiff Pushpeel LLC Schedule A regarding complaint[1]
12/04/2024 COMPLAINT filed by Pushpeel LLC; Filing fee $ 405, receipt number AILNDC-22800135.
附件:
1:Exhibit 1

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