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2024-cv-04767
| 日期 | 描述 |
|---|---|
| 08/05/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Notice of Voluntary Dismissal Without Prejudice 17, this action is being dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. Emailed notice. |
| 08/02/2024 | NOTICE of Voluntary Dismissal by Along Ge without prejudice |
| 07/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Along Ge filed this patent infringement action 7 against 98 defendants, alleging infringement of its ball gun patent. After the Court questioned whether joinder of all these seemingly unrelated defendants was proper 8, Plaintiff filed a memorandum 15 asserting that, among other reasons, joinder is proper under Federal Rule of Civil Procedure 20 because the defendants' online marketplaces lack "cogent contact information" and use the same templates, designs, photos, and product descriptions, including the same key words, incorrect grammar, and misspellings, thereby establishing a logical relationship. Plaintiff also alleged that he faces a "swarm of attack" from defendants. In cases of patent infringement, joinder is governed by 35 U.S.C. 299. Regardless, the Court is unpersuaded that joinder is proper under Section 299. In Bose Corp. v. P'Ships & Unincorporated Ass'ns Identified on Schedule A, that court allowed permissive joinder of 17 defendants based on the concept of a swarm attacking the plaintiff's trademarks at once constituting an occurrence. 334 F.R.D. 511, 517 (N.D. Ill. 2020). Subsequently, though, in Tang v. P'ships & Unincorporated Ass'ns Identified on Schedule A, the same court found the analogy inapplicable to design patent infringement. No. 23 C 4587, 2024 WL 68332, at *3 (N.D. Ill. Jan. 4, 2024). It explained: "This case does not involve a 'swarm' of counterfeiters passing off their products as of those of a single plaintiff that owns a valuable trademark. Rather, it involves multiple sellers of the exact same type of product allegedly infringing on one seller's design patent. The essence of the dispute here is not infringement en masse but rather instances of infringement by distinct competitors. To construe this set of circumstances as a cooperative occurrence like that in Bose is inaccurate." Id. An important consideration in these cases involving hundreds of online marketplaces and sellers whose only sufficiently alleged connection is that they are all accused of selling products that infringe upon Plaintiff's intellectual property rights is "whether the permissive joinder of a party will comport with the principles of fundamental fairness." Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). Here, Plaintiff has not come close to satisfying that requirement. Both the complaint allegations and the joinder arguments rely upon conclusory allegations of inter-relatedness which the Court need not accept as true. See Bailie, et al. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 24 C 2150, 2024 WL 2209698, at *3 (N.D. Ill. May 15, 2024). Plaintiff is ordered to file a second amended complaint and amended Schedule A consistent with this ruling by 8/2/24. Plaintiff's motion for a TRO and expedited discovery 10 and motion for electronic service of process pursuant to FRCP 4(f)(3) 13 are taken under advisement. No appearance is necessary on 8/1/24. If Plaintiff chooses to proceed with this case, it must file a supplement to the pending TRO motion that specifically identifies the relevant pages where evidence pertaining to each amended Schedule A defendant can be found in the prior voluminous submissions, by 8/2/24, or reattach those pages for ease of court review. Otherwise, the Court will exercise its discretion to sever and/or dismiss parties without prejudice to cure the misjoinder here. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Emailed notice. Modified on 7/29/2024. |
| 07/25/2024 | MOTION by Plaintiff Along Ge electronic service of process pursuant to FRCP 4(f)(3) |
| 07/25/2024 | MOTION by Plaintiff Along Ge for temporary restraining order and expedited discovery |
| 07/11/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 98 defendants in this single case. However, after reviewing the amended complaint 7, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 7/25/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and a declaration that explains how each of these defendants is properly joined with each other. Any declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Emailed notice. |
| 06/26/2024 | AMENDED complaint by John Doe against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit Redline version of the amended complaint per standing orders) |
| 06/21/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On June 18, 2024, Plaintiff filed a complaint 1 anonymously and exhibits thereto (patent certificate 2 and Schedule A listing 98 Defendants 3) under seal. Plaintiff did not file any motion for leave to proceed anonymously, to file those documents under seal (as required by Local Rule 26.2(c)), or for any other relief. Given the strong presumption of public access to court filings, see Doe v. Village of Deerfield, 819 F.3d 372 (7th Cir. 2016) (discussing the standard to proceed anonymously) & Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544 (7th Cir. 2002) (explaining the legal requirements to file documents under seal), and Plaintiff's failure to seek appropriate relief and to comply with the Local Rules, the Court directs (1) the Clerk of Court to unseal any previously sealed documents, and (2) Plaintiff to file an amended complaint identifying itself by 6/26/24. Failure to comply by that deadline may result in this case being dismissed for want of prosecution. Mailed notice. |
| 06/18/2024 | 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. |
| 06/18/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). |
| 06/18/2024 | ATTORNEY Appearance for Plaintiff John Doe by Qin Li |
| 06/18/2024 | CIVIL Cover Sheet |
| 06/18/2024 | SEALED DOCUMENT by Plaintiff John Doe |
| 06/18/2024 | SEALED DOCUMENT by Plaintiff John Doe patent certificate |
| 06/18/2024 | COMPLAINT filed by John Doe; Filing fee $ 405, receipt number AILNDC-22153187. 附件： 1:Exhibit 2:(Exhibit) |
