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2024-cv-05666
| 日期 | 描述 |
|---|---|
| 10/30/2024 | NOTICE of Voluntary Dismissal by Neman Brothers & Associates, Inc. as to Defendant ZHYp only |
| 10/24/2024 | ATTORNEY Appearance for Defendant Oxiuly by Jianyin Liu |
| 10/23/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The defendant Ranphee's motion to dismiss 60 and to modify the preliminary injunction 62 are taken under advisement. The plaintiff's responses to both motions are due by 11/11/2024; the defendant's replies in support of its motions are due by 11/25/2024. Mailed notice |
| 10/22/2024 | MEMORANDUM by Ranphee in support of motion for miscellaneous relief, 62 附件： 1:(Exhibit A - Sample Order Capping Freeze at $10,000.00) |
| 10/22/2024 | MOTION by Defendant RanpheeCap Freeze on Defendant Ranphee Store to $10,000.00 and, if the Court deems it appropriate, leave to file Supplemental Affidavit by Defendant's Representative Under Seal Presented before District Judge |
| 10/21/2024 | MEMORANDUM by Ranphee in support of motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim, 60 附件： 1:Exhibit A - Docket as of October 21, 2024 2:Exhibit B - Text of the Hague Convention 3:Exhibit C - Chinese Exceptions from the Hague Convention 4:(Exhibit D - Amici Curiae of Professor Liebman) |
| 10/21/2024 | MOTION by Defendant Ranphee to dismiss for lack of jurisdiction Presented before District Judge, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ranphee Presented before District Judge |
| 10/21/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 7 is dismissed from this case. Mailed notice |
| 10/17/2024 | NOTICE of Voluntary Dismissal by Neman Brothers & Associates, Inc. as to Defendant #7 BBHoping only |
| 10/16/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Defendant Ranphee's unopposed motion for an extension of time to answer the complaint 53 is granted. The Court adopts the briefing schedule proposed in defendant Ranphee's motion to vacate or modify the preliminary injunction 54. Defendant Ranphee's response to the complaint and/or motion to vacate the preliminary injunction is due 10/21/2024; plaintiff's response is due 11/11/2024; defendant Ranphee's reply is due 11/25/2024. Mailed notice |
| 10/15/2024 | MINUTE entry before the Honorable M. David Weisman: Magistrate status hearing held. Plaintiff's counsel did not appear. Schedule set as stated in the scheduling order, which district court adopted 45. Parties are actively engaged in settlement discussions; Defendant did not request a settlement conference at this time. Status hearing set for 12/18/24 at 9:15 a.m. Joint status report due by noon on 12/16/24 stating which parties remain in case; where settlement discussions stand; whether any discovery issues exist; and any other issues the parties wish to raise. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 10/15/2024 | MINUTE entry before the Honorable M. David Weisman: Motions 53 and 54 were incorrectly marked to be presented before the Magistrate Judge rather than the District Judge. Defendant shall file a notice of motion for presentment of motions 53 and 54 before the District Judge. Mailed notice |
| 10/15/2024 | MOTION by Defendant Ranphee to vacate order 33 (on consent of all parties) Presented before District Judge (Modified By Chambers Staff.) |
| 10/15/2024 | MOTION by Defendant Ranphee for extension of time to file answer regarding summons returned executed 23, complaint, 1 (on Consent of all Relevant Parties) Presented before District Judge (Modified By Chambers Staff.) |
| 10/10/2024 | ATTORNEY Appearance for Defendant Ranphee by Baruch Simcha Gottesman |
| 10/09/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 50, defendant no. 3 is dismissed from this case. Mailed notice |
| 10/08/2024 | NOTICE of Voluntary Dismissal by Neman Brothers & Associates, Inc. as to Defendant OWIN only |
| 10/04/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 48, defendant nos. 1 and 19 are dismissed from this case. Mailed notice |
| 10/03/2024 | NOTICE of Voluntary Dismissal by Neman Brothers & Associates, Inc. as to Defendant Nos. 1, 19 only |
| 10/02/2024 | MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery scheduling, supervision as well as any settlement conference and all protective orders and confidentiality orders Initial status hearing scheduled for 10/15/24 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Parties may appear in person or dial in using the Court's conference call-in number. The conference call-in number is 1-855-244-8681 and the access code is 2316 422 1828##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice |
| 10/01/2024 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery scheduling and supervision as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders.Mailed notice. |
| 10/01/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the parties' joint status report 44, the Court adopts the parties' proposed case management schedule. The matter is referred to the assigned magistrate judge for all further discovery scheduling and supervision as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders are included within this referral. Mailed notice |
| 09/30/2024 | STATUS Report -- Joint Initial Status Report and Proposed Case Management Schedule by Neman Brothers & Associates, Inc. |
| 09/25/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff and defendant hibluco are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 9/30/2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice |
| 09/19/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Having reviewed defendant hibluco's motion in opposition to the plaintiff's motion for entry of a preliminary injunction 36 and plaintiff's reply 41, plaintiff's motion for entry of a preliminary injunction 24 is granted with respect to defendant hibluco. Defendant hibluco's motion in opposition 36 is denied. Even a cursory review of the subject design compared with defendant hibluco's product establishes that an "ordinary reasonable person would conclude that the defendant unlawfully appropriated the plaintiff's protectible expression by taking material of substance and value." Wildlife Express Corp. v. Carol Wright Sales, Inc., 18 F.3d 502, 509 (7th Cir. 1994) (citation omitted). Defendant hibluco's product features a floral design with precisely the same features, shape, and outline of plaintiff's protected design. The similarities go far beyond elements "common to flowers and nature." Def.'s Mot. 4, ECF No. 36. The Court is also not persuaded that plaintiffs have failed to show a likelihood of irreparable harm. Defendant hibluco does little more than argue that because plaintiff cannot prove its losses or reputational damage, plaintiff cannot establish a likelihood of irreparable harm. Id. at 5. But as the Court determined in its order granting plaintiff's motion for a TRO, and as courts in this jurisdiction have established in similar cases, "the challenge of identifying lost business often transforms lost market share into irreparable harm." Antsy Labs, LLC v. Schedule A, No. 21 C 3289, 2022 17176398, *3 (N.D. Ill. Nov. 23, 2022). Finally, defendant hibluco has put forward no case law or other support for its contention that the temporary asset restraint is unnecessary because defendant conducts significant business in the U.S. and has retained U.S. counsel. The Court determined an asset restraint was necessary when it issued the TRO, and defendant has failed to put forth any authority to suggest it was not. Mailed notice |
| 09/17/2024 | REPLY by Plaintiff Neman Brothers & Associates, Inc. to motion for miscellaneous relief 36 附件： 1:Declaration of Yoel Neman 2:Exhibit A to Declaration of Yoel Neman 3:(Declaration of Trevor W. Barrett) |
| 09/16/2024 | ANSWER to Complaint by hibluco |
| 09/11/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: On 9/4/2024, plaintiff was ordered, no later than 9/20/2024, to enter into CM/ECF each defendant named in the original Schedule A as a party in this case, reflecting where any defendant has been dismissed 32. Plaintiff has failed to do so. Plaintiff is again ordered to enter each defendant named in the original Schedule A into CM/ECF no later than 9/16/2024. Failure to do so will result in vacating the preliminary injunction entered 9/4/2024 33. Mailed notice |
| 09/11/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's reply to defendant hibluco's motion in opposition to plaintiff's motion for preliminary injunction 36 is due 9/17/2024. Mailed notice |
| 09/11/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 35, defendant nos. 9 and 20 are dismissed from this case. Mailed notice |
| 09/11/2024 | NEW PARTIES: RSKK., WangZhenXiaoDian, OWIN, Oxiuly, Ranphee, YT Fashionstore, BBHoping, PYL SHOP, Kpoplk, Laco, OKLICH, HANI, ihot, Sureple Dresses, Jezero, hibluco, Aro Lora, ZHYp, Yaodiyi and Olyvenn added to case caption. |
| 09/10/2024 | MOTION by Defendant hibluco Response in Opposition to Plaintiff's Motion for Entry of a Preliminary Injunction |
| 09/05/2024 | NOTICE of Voluntary Dismissal by Neman Brothers & Associates, Inc. as to Defendant #10 Laco only |
| 09/04/2024 | PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 9/4/2024. Mailed notice |
| 09/04/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 24 is granted, except as to the single objecting defendant (defendant hibluco) as noted in the Court's previous order. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 9/10/2024 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice |
| 09/04/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Defendant hibluco moved for an extension of time to respond to plaintiff's motion for a preliminary injunction 29. The TRO will be extended against defendant hibluco beyond the 28-day limit while the motion for preliminary injunction against it is pending, i.e., until the Court reaches a decision on the motion. This extension is technically a conversion of the TRO to an enforceable preliminary injunction subject to appellate review. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). Mailed notice |
| 09/03/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Defendant hibluco's unopposed motion for an extension of time to respond to plaintiff's motion for entry of a preliminary injunction 29 is granted. Defendant hibluco's deadline to respond is 9/10/2024.Mailed notice |
| 08/30/2024 | MOTION by Defendant hibluco for extension of time to file response/reply as to motion for preliminary injunction 24 |
| 08/30/2024 | CERTIFICATE of Service by Plaintiff Neman Brothers & Associates, Inc. regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, 27 |
| 08/28/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction as 24 is taken under advisement. Any objection or response is due before 9/3/2024. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 8/30/2024, the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before September 3, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice |
| 08/27/2024 | DECLARATION of Trevor W. Barrett regarding motion for preliminary injunction[24] |
| 08/27/2024 | MEMORANDUM by Neman Brothers & Associates, Inc. in support of motion for preliminary injunction[24] |
| 08/27/2024 | MOTION by Plaintiff Neman Brothers & Associates, Inc. for preliminary injunction |
| 08/26/2024 | SUMMONS Returned Executed by Neman Brothers & Associates, Inc. as to The Partnerships and Unincorporated Associations identified in Schedule A on 8/26/2024, answer due 9/16/2024; hibluco on 8/26/2024, answer due 9/16/2024. |
| 08/21/2024 | ATTORNEY Appearance for Defendant hibluco by Steven G Kalberg |
| 08/19/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A |
| 08/14/2024 | EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 8/14/2024. Mailed notice |
| 08/14/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 19 is granted. The TRO will remain in effect until 9/2/2024. Mailed notice |
| 08/08/2024 | SURETY BOND in the amount of $ 20,000.00 posted by Neman Brothers & Associates, Inc. (Document not imaged) |
| 08/05/2024 | SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 8/5/2024. Mailed notice |
| 08/05/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 15 is granted. Plaintiff's motion for leave to file under seal 9 is granted. Enter temporary restraining order. Mailed notice |
| 07/31/2024 | SEALED MOTION by Plaintiff Neman Brothers & Associates, Inc. -- Renewed Motion for Temporary Restraining Order and Other Relief (Attachments: # (1) Memorandum in Support of Renewed Motion, # (2) Declaration of Yoel Neman, # (3) Exhibit 1 to Declaration of Yoel Neman, # (4) Declaration of Mackenzie Paladino, # (5) Exhibit 1 to Declaration of Mackenzie Paladino) |
| 07/18/2024 | Copyright Report by Neman Brothers & Associates, Inc. |
| 07/11/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO 10 is denied without prejudice. Upon review of the alleged infringement evidence for Doe #10 and its comparison with the subject design, ECF No. 2-2 at pp. 30-31, the Court is not persuaded that the plaintiff has demonstrated a likelihood of success on the merits of its claim; the designs are not visually similar. Furthermore, the Court notes that the screenshots for multiple defendants do not demonstrate that the allegedly infringing products are being offered for sale in Illinois (e.g., defs. Nos. 10-12, 18). That evidence of purposefully directed activities is the bare minimum for establishing personal jurisdiction in schedule A cases. See NBA Properties, Inc. v. HANWJH, 46 F.4th 614 (7th Cir. 2022), cert. denied, 143 S. Ct. 577 (2023). The Court also notes that the plaintiff has not filed any copies of the copyright registration records for any of the copyrights it asserts. Lastly, the plaintiff is ordered to file a supplement certifying the dates on which the screenshots filed in support of the plaintiff's claims were taken. The plaintiff may file a renewed motion for TRO, along with any amended exhibits needed to cure these defects, by 7/31/24. Mailed notice |
| 07/10/2024 | SEALED MOTION by Plaintiff Neman Brothers & Associates, Inc. for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service (Attachments: # (1) Memorandum in Support of Motion, # (2) Declaration of Yoel Neman, # (3) Declaration of Mackenzie Paladino, # (4) Exhibit 1 to Declaration of Mackenzie Paladino) |
| 07/05/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Neman Brothers & Associates, Inc. |
| 07/05/2024 | CIVIL Cover Sheet |
| 07/05/2024 | ATTORNEY Appearance for Plaintiff Neman Brothers & Associates, Inc. by Mackenzie Paladino |
| 07/05/2024 | ATTORNEY Appearance for Plaintiff Neman Brothers & Associates, Inc. by Trevor William Barrett |
| 07/05/2024 | SEALED DOCUMENT by Plaintiff Neman Brothers & Associates, Inc. -- Unredacted Schedule A to Complaint |
| 07/05/2024 | SEALED DOCUMENT by Plaintiff Neman Brothers & Associates, Inc. -- Unredacted Complaint 附件： 1:Exhibit A to Complaint 2:Exhibit B to Complaint 3:Exhibit C to Complaint 4:(Exhibit D to Complaint) |
| 07/05/2024 | COMPLAINT filed by Neman Brothers & Associates, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22213236. 附件： 1:Exhibit A to Complaint 2:Exhibit B to Complaint 3:Exhibit C to Complaint 4:Exhibit D to Complaint 5:(Schedule A to Complaint) |
