最近更新：2025-01-18
2024-cv-13181
| 日期 | 描述 |
|---|---|
| 01/08/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to Plaintiff's Notice of Voluntary Dismissal [20] and pursuant to Federal Rule of Civil Procedure 41(a), this case is dismissed without prejudice. Civil case terminated. Mailed notice. |
| 01/07/2025 | NOTICE of Voluntary Dismissal by Dongyu Zhang as to all Defendants |
| 01/03/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: On review of the complaint and the memorandum in support of Plaintiff's motion for a temporary restraining order, the Court raises the propriety of joinder of the 55 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).). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "[d]efendants are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Products in the same transaction, occurrence, or series of transactions or occurrences." R. 1, para. 22. 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). Federal Rule of Civil Procedure 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Accordingly, the Court directs Plaintiff to file, on or before 01/09/25, a supplemental memorandum addressing the propriety of joinder, including, pursuant to Fed. R. Civ. P. 11(c)((3), showing cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). 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. |
| 12/30/2024 | DECLARATION of Shengmao Mu regarding motion for temporary restraining order[10], motion for miscellaneous relief[15] 附件： 1:Exhibit 5 2:Exhibit 4 3:Exhibit 3 4:Exhibit 2 5:Exhibit 1 |
| 12/30/2024 | MEMORANDUM by Dongyu Zhang in support of motion for miscellaneous relief[15] |
| 12/30/2024 | MOTION by Plaintiff Dongyu Zhang for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 12/30/2024 | SEALED EXHIBIT by Plaintiff Dongyu Zhang Exhibit 2 regarding declaration[12] |
| 12/30/2024 | SEALED EXHIBIT by Plaintiff Dongyu Zhang Exhibit 1 regarding declaration[12] |
| 12/30/2024 | DECLARATION of Dongyu Zhang regarding memorandum in support of motion[11] |
| 12/30/2024 | MEMORANDUM by Dongyu Zhang in support of motion for temporary restraining order[10] |
| 12/30/2024 | MOTION by Plaintiff Dongyu Zhang for temporary restraining order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 12/26/2024 | 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. |
| 12/26/2024 | CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). |
| 12/23/2024 | ATTORNEY Appearance for Plaintiff Dongyu Zhang by Michael Mitchell |
| 12/23/2024 | ATTORNEY Appearance for Plaintiff Dongyu Zhang by Keaton David Smith |
| 12/23/2024 | ATTORNEY Appearance for Plaintiff Dongyu Zhang by Shengmao Mu |
| 12/23/2024 | MOTION by Plaintiff Dongyu Zhang for leave to file UNDER SEAL |
| 12/23/2024 | SEALED DOCUMENT by Plaintiff Dongyu Zhang Schedule A |
| 12/23/2024 | SEALED EXHIBIT by Plaintiff Dongyu Zhang Exhibit 1: Copyright Registration regarding complaint 1 |
| 12/23/2024 | ATTORNEY Appearance for Plaintiff Dongyu Zhang by Abby Marie Neu |
| 12/23/2024 | CIVIL Cover Sheet |
| 12/23/2024 | COMPLAINT filed by Dongyu Zhang; Filing fee $ 405, receipt number AILNDC-22878161. 附件： 1:(Exhibit 4) 2:Exhibit 3 3:Exhibit 2 |
