最近更新：2025-01-17
2024-cv-12846
| 日期 | 描述 |
|---|---|
| 01/10/2025 | ORDER: Signed by the Honorable Franklin U. Valderrama on 1/10/2025. Mailed notice. |
| 01/10/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons in the accompanying Order, the Court finds that Defendants in this case are not properly joined. Therefore, the Court denies the motion 11 and dismisses Plaintiff's amended complaint without prejudice for misjoinder. Plaintiff has fourteen days from the date of this Order to file a second amended complaint naming one defendant. Mailed notice. |
| 01/08/2025 | First AMENDED complaint by Xiaoyan Jing against Xiaoyan Jing |
| 01/08/2025 | MOTION by Plaintiff Xiaoyan Jing for joinder |
| 01/02/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion to seal 4. The Court terminates the memorandum in support of the motion 5 as a motion. However, on review of the Complaint 1 and Schedule A 6, the Court raises the propriety of joinder of the 68 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024). Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Accordingly, the Court directs Plaintiff to file, on or before 1/8/2025, a supplemental memorandum addressing the propriety of joinder. Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. 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. |
| 12/16/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 12/16/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 12/16/2024 | 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. |
| 12/16/2024 | CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). |
| 12/13/2024 | SEALED DOCUMENT by Plaintiff Xiaoyan Jing Schedule A |
| 12/13/2024 | MOTION by Plaintiff Xiaoyan Jing to seal Memorandum in support thereof |
| 12/13/2024 | MOTION by Plaintiff Xiaoyan Jing to seal |
| 12/13/2024 | ATTORNEY Appearance for Plaintiff Xiaoyan Jing by Robert Michael Dewitty |
| 12/13/2024 | CIVIL Cover Sheet |
| 12/13/2024 | COMPLAINT filed by Xiaoyan Jing; Jury Demand. Filing fee $ 405, receipt number AILNDC-22843007. 附件： 1:(Exhibit EX A) |
