2024-cv-04856
日期 | 描述 |
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08/26/2024 | MAILED copyright report to Registrar, Washington DC. |
08/23/2024 | ENTERED JUDGMENT Signed by the courtroom deputy on 08/23/2024. Emailed notice |
08/23/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/23/2024. Emailed notice |
08/23/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 33 is granted. Judgment entered in favor of the Plaintiff and against each Defendant in the amount of fifteen-thousand dollars ($15,000) per Defendant. Given the willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 09/06/2024 is vacated. Civil case terminated. Emailed notice |
08/22/2024 | MOTION by Plaintiff Eduardo Andre Ely for default judgment as to Against the Defendant Identified in the [Amended] Schedule A |
08/02/2024 | NEW PARTIES: luoyangshichanhehuizuquyangtaibaihuobu, shifangshiliuheqiaodianzishangwugongzuoshi, wuhanshijiangxiaquyujianshangmaozhongxin, pujietiyu, wucibaihuo, hongliangjin, qichangbaihuodian, yipinruyi, youjindefushixiemaopu, wuhanshidonghuxinjishukaifaquzheyubaihuoshanghang, jiashanbaihuo, miluoshihuananhubangdianzishangwushanghang, junchao, yingqilanchuang, jijunbaihuo, qingwenfuzhuangdian, xingyexianshinanzhenmeiweisishipinjingyingbu and saihanquhainabendijuminrichangshenghuofuwugongzuos added to case caption. |
08/02/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/02/2024. Emailed notice |
08/02/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued circumstances that justified entry of the TRO, the motion for preliminary injunction 27 is granted. Given the answer deadline of 08/21/2024, the tracking status hearing of 08/16/2024 is reset to 09/06/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 08/28/2024. Any defendant that does not answer on time is deemed to be in default, and instead the Plaintiff shall file a motion for default judgment in a sum certain by 08/28/2024. Emailed notice |
07/31/2024 | SUMMONS Returned Executed by Eduardo Andre Ely as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/31/2024, answer due 8/21/2024. 附件: 1:(Declaration of Service) |
07/31/2024 | NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 27 before Honorable Edmond E. Chang on 8/13/2024 at 08:30 AM. |
07/31/2024 | MEMORANDUM by Eduardo Andre Ely in support of motion for preliminary injunction 27 附件: 1:Declaration of Keith A. Vogt 2:(Exhibit 1, of Keith A. Vogt's Declaration) |
07/31/2024 | MOTION by Plaintiff Eduardo Andre Ely for preliminary injunction |
07/29/2024 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion of the TRO [24] is granted through 08/13/2024. The tracking status hearing of 08/02/2024 is reset to 08/16/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file, if appropriate, the motion for preliminary injunction by 08/08/2024, as well as a status report. Emailed notice |
07/26/2024 | MOTION by Plaintiff Eduardo Andre Ely for extension of time for Temporary Restraining Order |
07/19/2024 | SURETY BOND in the amount of $ 10,000.00 posted by Eduardo Andre Ely. (Document not scanned) |
07/17/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
07/16/2024 | (PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 7/16/2024. Emailed notice |
07/16/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/16/2024. Emailed notice |
07/16/2024 | MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the joinder memorandum and exhibit, R. 19, the Defendants use the same exact and unique 17-word advertising text, the images also are exactly the same, and the brand name and the unique Amazon identification number (an alphanumeric identifier) are the same. Joinder is satisfied at this preliminary stage. (2.) The Plaintiff's motion 14 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The tracking status hearing of 07/19/2024 is reset to 08/02/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/26/2024. Emailed notice |
07/08/2024 | SEALED DOCUMENT by Plaintiff Eduardo Andre Ely Memorandum Establishing that Joinder is Proper |
07/01/2024 | MINUTE entry before the Honorable Edmond E. Chang: (1.) The motion 13 to use extra pages is granted. The motion 12 to seal is granted in light of the concern that the alleged copyright counterfeiters would conceal evidence and transfer assets. (2.) On review of Amended Schedule A, the Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020), and file a supplemental memorandum addressing, in detail, the propriety of joinder of the remaining 18 Defendants by 07/10/2024. The supplemental memorandum may be filed under seal if it would reveal the identity of the Defendants. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 07/19/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
06/13/2024 | MAILED copyright report to Registrar, Washington DC |
06/12/2024 | SEALED EXHIBIT by Plaintiff Eduardo Andre Ely Sealed Exhibit 2, Declaration of Eduardo Andre Ely regarding memorandum in support of motion, 15 附件: 1:(Exhibit 2) |
06/12/2024 | MEMORANDUM in Support of 14 Exparte Motion 附件: 1:Declaration of Keith A. Vogt 2:Exhibit 1-4, of Keith A. Vogt's Declaration 3:Declaration of Eduardo Andre Ely 4:(Exhibit 1, of Eduardo Andre Ely's Declaration) |
06/12/2024 | MOTION by Plaintiff Eduardo Andre Ely for leave to file excess pages |
06/12/2024 | MOTION by Plaintiff Eduardo Andre Ely for leave to file under seal |
06/12/2024 | SEALED DOCUMENT by Plaintiff Eduardo Andre Ely [Amended] Schedule A to Complaint 1 and Schedule A 2 |
06/12/2024 | 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. |
06/12/2024 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). |
06/12/2024 | ATTORNEY Appearance for Plaintiff Eduardo Andre Ely by Yi Bu |
06/12/2024 | ATTORNEY Appearance for Plaintiff Eduardo Andre Ely by Yanling Jiang |
06/12/2024 | ATTORNEY Appearance for Plaintiff Eduardo Andre Ely by Monica Rita Martin |
06/12/2024 | ATTORNEY Appearance for Plaintiff Eduardo Andre Ely by Christopher Romero |
06/12/2024 | ATTORNEY Appearance for Plaintiff Eduardo Andre Ely by Cameron Eugene Mcintyre |
06/12/2024 | ATTORNEY Appearance for Plaintiff Eduardo Andre Ely by Adam Grodman |
06/12/2024 | ATTORNEY Appearance for Plaintiff Eduardo Andre Ely by Keith A. Vogt |
06/12/2024 | CIVIL Cover Sheet |
06/12/2024 | SEALED DOCUMENT by Plaintiff Eduardo Andre Ely Schedule A to Complaint 1 |
06/12/2024 | COMPLAINT filed by Eduardo Andre Ely ; Filing fee $ 405, receipt number AILNDC-22132817. 附件: 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |