最近更新：2025-01-18
2024-cv-13065
| 日期 | 描述 |
|---|---|
| 01/07/2025 | MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 1/7/2025. After reviewing Plaintiff's motion and informed by the presentation of the motion by Plaintiff's counsel, the Court denies Plaintiff's motion for temporary restraining order [8]. The Supreme Court and the Seventh Circuit have made clear that while Federal Rule of Civil Procedure 65 permits the issuance of ex parte TROs, "the circumstances in which an ex parte order should be granted are extremely limited," Am. Can Co. v. Mansukhani, 742 F.2d 314 (7th Cir. 1984), because "our entire jurisprudence runs counter to the notion of court action taken before reasonable notice and an opportunity to be heard has been granted both sides of a dispute." Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers Loc. No. 70 of Alameda Cnty., 415 U.S. 423, 94 S. Ct. 1113, 39 L. Ed. 2d 435 (1974)). While this Court and other courts in this district regularly issue such orders in cases involving patent, trademark, and copyright infringement by unknown defendants, such equitable relief is only granted when the plaintiff demonstrates that (1) its case has some likelihood of success on the merits; (2) that no adequate remedy at law exists; and (3) it will suffer irreparable harm if the injunction is not granted. Ty, Inc. v. Jones Grp., Inc., 237 F.3d 891, 895 (7th Cir. 2001). In the present case, Plaintiff has not demonstrated that Defendants are purposefully directing their products to Illinois residents to satisfy personal jurisdiction. See NBA Properties, Inc. v. HANWJH, 46 F.4th 614, 624 (7th Cir. 2022) (characterizing defendant's actions as purposeful after defendant fulfilled an Amazon order for the infringing product placed by plaintiff's investigator and plaintiff provided proof of delivery of the product). While Plaintiff's counsel stated in his presentation that a test product had been ordered to an address in Naperville, Illinois Plaintiff's filings do not show that an order was placed [12]. Absent such a showing, it is not clear why this litigation is properly brought in Illinois as opposed to any other jurisdiction such that the Court should grant extraordinary equitable relief. The Court grants Plaintiff leave to file an amended complaint. If Plaintiff chooses to file a motion for a TRO, Plaintiff must demonstrate why joinder of multiple defendants is appropriate. Here, Plaintiff avers that the 14 defendants are "working in active concert" to infringe upon Plaintiff's copyright [9]. But Plaintiff's filings indicate that only Defendant Stores 814 are currently active [11]. Further, each of these stores appear to sell a wide variety of products, ranging from electrical outlet covers to blankets to bean bag chairs [12]. Plaintiff is instructed to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2). Finally, as noted by the Court during Plaintiff's presentation and absent a showing by Plaintiff otherwise, if Plaintiff proceeds with refiling their TRO, Plaintiff shall be required to post a bond of fifty thousand U.S. dollars ($50,000) to cover damages resulting from any wrongful restraint of defendant(s). Plaintiff's motion to seal [13] and leave to file excess pages [14] are continued pending further action on this order. During the hearing, the Court gave this matter a status date of 1/21/2025, that date is now stricken. 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. |
| 12/20/2024 | NOTICE of Motion by Konrad Val Sherinian for presentment of motion for temporary restraining order 8, motion for leave to file excess pages 14, motion to seal document 13 before Honorable Sharon Johnson Coleman on 1/7/2025 at 10:00 AM. |
| 12/20/2024 | MOTION by Plaintiff Liyu Liu, Ltd. for leave to file excess pages |
| 12/20/2024 | MOTION by Plaintiff Liyu Liu, Ltd. to seal document sealed document 1, sealed document 12 |
| 12/20/2024 | SEALED DOCUMENT by Plaintiff Liyu Liu, Ltd. Exh 2 to Dec of Liyu Liu 附件： 1:(Exhibit Exh 2 - Stores 8-14) |
| 12/20/2024 | DECLARATION of Liyu Liu regarding motion for temporary restraining order 8 附件： 1:(Exhibit Exh 1 - Copyright Vau 1-380-912) |
| 12/20/2024 | DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 8 附件： 1:(Exhibit Exh 4 - Civil Pro of PRC) 2:Exhibit Exh 2 - The Economic Impacts of Counterferiting and Piracy 3:Exhibit Exh 3 - Hague Convention 4:Exhibit Exh 1 - Intellectual Property Rights Seizure Statistics |
| 12/20/2024 | MEMORANDUM by Liyu Liu, Ltd. in support of motion for temporary restraining order 8 |
| 12/20/2024 | MOTION by Plaintiff Liyu Liu, Ltd. for temporary restraining order |
| 12/20/2024 | MAILED copyright report to Registrar, Washington DC |
| 12/20/2024 | MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice. |
| 12/19/2024 | 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. |
| 12/19/2024 | CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 3). |
| 12/19/2024 | CIVIL Cover Sheet |
| 12/19/2024 | ATTORNEY Appearance for Plaintiff Liyu Liu, Ltd. by Depeng Bi |
| 12/19/2024 | ATTORNEY Appearance for Plaintiff Liyu Liu, Ltd. by Konrad Val Sherinian |
| 12/19/2024 | COMPLAINT filed by Liyu Liu, Ltd.; Filing fee $ 405, receipt number AILNDC-22866320. 附件： 1:(Exhibit Exh 4 - Intellectual Property Rights Seizure Statistics) 2:Exhibit Exh 3 - Fighting China's Counterfeits 3:Exhibit Exh 1 - Copyright Vau 1-380-912 4:Exhibit Exh 2 - Combating Trafficking in Counterfeit and Pirated Goods |
| 12/19/2024 | SEALED DOCUMENT by Plaintiff Liyu Liu, Ltd. Schedule A to Complaint |
