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2024-cv-03318
| 日期 | 描述 |
|---|---|
| 11/21/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff appeared. Defendants failed to appear for today's hearing. For the reasons stated on the record, telephonic prove-up hearing on Plaintiff's Motion for Default Judgment 55 is continued to 1/15/25 at 9:45AM. Attorneys/parties may appear by dialing: 650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Counsel shall file and serve any affidavits or declarations in support of damages by 1/3/25. Emailed notice. |
| 11/15/2024 | NOTICE by Kundian Guo of Compliance with Court Order [DE 57] 附件： 1:(Exhibit 1 - Proofs of Service) |
| 11/08/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Entry of Default and Default Judgment 55 is granted, in part. Plaintiff has shown that Defendants were served on 9/10/24 39 41 and 9/12/24 42 and have failed to appear or respond to the complaint. Default is entered against Defendant CH E-com, Inc., Defendant Lifenite Home, Inc., and Defendant Foreline Inc. Plaintiff's motion is entered and continued for a telephonic prove-up hearing on 11/21/24 at 10:00AM. Attorneys/parties may appear by dialing: 650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Plaintiff must file and serve any affidavits in support of damages by 11/15/24. Plaintiff is further ordered to serve a copy of this default order on Defendant and promptly file proof of service. No appearance is necessary on 11/13/24. Emailed notice. |
| 11/06/2024 | MEMORANDUM in Support of his Motion for Entry of Default and Default Judgment by Plaintiff Kundian Guo Modified on 11/7/2024. |
| 11/06/2024 | MOTION by Plaintiff Kundian Guo for default judgment as to 附件： 1:Declaration Robert M. DeWitty 2:(Exhibit Exhibit B) |
| 11/06/2024 | NOTICE of Motion by Robert Michael Dewitty for presentment of before Honorable LaShonda A. Hunt on 11/13/2024 at 10:00 AM. |
| 10/07/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Entry of Default and Default Judgment [46] and Plaintiff's Second Request to Reset Hearing [50] were not accompanied by the required notices of in-person presentment. Both motions [46] and [50] are summarily stricken. This Court has admonished counsel numerous times about his repeated failures to comply with Court orders and procedures [26] [31] [33] [35] [37] [45]. Yet, he persistently disregards these warnings. Counsel has wasted enough scarce judicial resources. The telephonic status hearing set for 10/10/24 is stricken. This case is set for a show cause hearing on 10/29/24 at 9:45AM in Courtroom 1425. Counsel Robert DeWitty is ordered to appear and show cause why sanctions, including monetary fines and/or dismissal of this case, should not be imposed for his conduct. Emailed notice. |
| 10/04/2024 | MOTION by Plaintiff Kundian GuoSecond Request to Reset Hearing |
| 10/04/2024 | MOTION by Plaintiff Kundian Guo for entry of default against defendants in Exhibit 2 in supporting memo |
| 10/04/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Request to Reset Hearing [44] was not accompanied by the required notice of presentment, even though the Court has repeatedly warned counsel about his failure to comply with Court procedures [35] [37]. The motion [37] is summarily stricken. Emailed notice. |
| 10/03/2024 | MOTION by Plaintiff Kundian Guo to reset Hearing (DE 43) |
| 09/12/2024 | CERTIFICATE of Service by Plaintiff Kundian Guo regarding amended complaint 21 to Foreline Inc 附件： 1:(Exhibit 1 - Proof of Sending) |
| 09/12/2024 | CERTIFICATE of Service by Plaintiff Kundian Guo regarding amended complaint 21 against CH E-Com 附件： 1:(Exhibit 1 - Proof of Sending) |
| 09/12/2024 | SUMMONS Returned Executed by Kundian Guo as to Kundian Guo on 9/10/2024, answer due 10/1/2024. 附件： 1:(Exhibit 1 - Proof of Sending) |
| 09/12/2024 | CERTIFICATE of Service by Plaintiff Kundian Guo regarding amended complaint 21 to Lifenite Home Inc 附件： 1:(Exhibit 1 - Proof of Sending) |
| 09/12/2024 | ALIAS Summons Issued as to Defendant Foreline Inc. (Email Address) |
| 09/11/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Now that Plaintiff has added the proper defendants to the case caption, the Clerk is directed to terminate "The Partnerships and Unincorporated Associations Identified in Schedule A," as a defendant, forthwith. Mailed notice. |
| 09/10/2024 | NEW PARTIES: CH E-COM, Lifenite Home Inc and FORELINE INC added to case caption. |
| 09/09/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On 8/29/24, the Court ordered counsel for Plaintiff to ensure that the proper defendants were added to the docket by 9/5/24 36. Counsel not only failed to comply, but then, on 9/6/24, inexplicably had summons issued in the name of the wrong defendant. By 9/11/24, Plaintiff is ordered to add the proper defendants to the docket and have corrected summons issued to each of them. Counsel is warned that continued failure to comply with court orders may result in sanctions, up to and including dismissal of this case. Emailed notice. |
| 09/06/2024 | SUMMONS Issued as to Defendant THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A (3 Separate Summonses) |
| 08/29/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff appeared. No defendant appeared. For the reasons stated on the record, Plaintiff's Motion for Alternative Service of Process 34 is granted. Plaintiff may serve process upon Defendants using the email addresses obtained from third party Amazon.com in response to the subpoena. As discussed, by 9/5/24, Plaintiff's counsel is directed to ensure that all defendants are added to the court's docket. This case is set for a status hearing on 10/1/24 at 9:30AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Emailed notice. |
| 08/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Alternative Service of Process [34] was not accompanied by the required notice of presentment and thus should be stricken. However, this case has been stalled by delay long enough. The motion [34] is set for telephonic hearing on 8/29/24 at 10:00AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Emailed notice. |
| 08/23/2024 | MOTION by Plaintiff Kundian GuoService by Alternative Means upon Defendants Foreline Inc., CH E-Com, and Lifenite Home, Inc. 附件： 1:Exhibit A 2:(Exhibit B) |
| 08/15/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's status report 32 indicates that Amazon stated on 7/25/24 that it would respond to the subpoena and offered to confer with him about the request. However, Plaintiff does not explain what steps, if any, he has taken after three weeks to follow up on the status of that response. As this Court has already warned 29, Plaintiff must move this case forward. Until Plaintiff presents evidence to the contrary, the Court presumes that the service deadline under Fed. R. Civ. P. 4(m) applies. By 9/16/24, Plaintiff must serve defendants properly or file a motion for alternative service. Emailed notice. |
| 08/14/2024 | STATUS Report by Kundian Guo 附件： 1:(Exhibit Exhibit A) |
| 08/09/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: On 7/12/24, this Court entered an order 30 allowing Plaintiff to take limited discovery prior to the Rule 26(f) conference to obtain reliable contact information for the Schedule A Defendants and a minute order 29 requiring Plaintiff to file a status report by 8/2/24 updating the Court on subpoena responses and informing the Court as to when a renewed motion for alternative service will be filed. To date, Plaintiff has not filed anything. The Court extends the status report deadline to 8/14/24. Failure to comply may result in dismissal of this case for want of prosecution. Emailed notice. |
| 07/12/2024 | ORDER ALLOWING LIMITED DISCOVERY PRIOR TO RULE 26(F) CONFERENCE Signed by the Honorable LaShonda A. Hunt on 7/12/2024. Emailed notice. |
| 07/12/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to Take Discovery Prior to Rule 26(f) Conference 28 is granted in part. As the Court previously explained 27, Plaintiff may pursue discovery from third-party platforms to obtain reliable contact information for the Schedule A Defendants. However, any request for sales and financial data, that would arguably go to the question of damages in this patent infringement case, is premature. The Court has modified Plaintiff's proposed order accordingly. Enter Order. By 8/2/24, Plaintiff must file a status report updating the Court on any subpoena responses received and when a renewed motion for alternative service will be filed. Because Plaintiff is attempting to serve defendants who are purportedly located in a foreign country, the 90-day deadline under Fed. R. Civ. P. 4(m) would not apply. Nevertheless, service must be completed in a reasonable amount of time to keep this case moving forward. Emailed notice. |
| 07/08/2024 | MOTION by Plaintiff Kundian Guo for Leave to Take Discovery Prior to Rule 26(f) Conference |
| 07/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff appeared, and Defendants failed to appear. For the reasons stated on the record, Plaintiff's motion for a temporary restraining order 10 is terminated as moot. As discussed, to the extent that Plaintiff seeks to issue a subpoena to Amazon to obtain reliable contact information for Defendants, by 7/8/24, Plaintiff may file a Rule 26(f) motion and submit a proposed order (using language from the TRO template on Judge Hunt's webpage) to Proposed_Order_Hunt@ilnd.uscourts.gov. There is no need to notice the motion for presentment. Plaintiff's request for alternative service may be renewed after obtaining information about Defendants through discovery. Emailed notice. |
| 06/25/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for a temporary restraining order 10 is set for a telephonic hearing on 7/2/24, at 9:45AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Plaintiff should be prepared to discuss (1) grounds for sealing the TRO or issuing a TRO without notice when Plaintiff has publicly identified the defendants in court filings, (2) the declaration offered in support of the motion, which is barebones and confusing in that it references a link to a TRO and preliminary injuction that have never been granted, and (3) Plaintiff's proposed TRO order, which did not include a redline as required by Judge Hunt's procedures or explain the extensive proposed changes to Judge Hunt's TRO template. Mailed notice. |
| 06/20/2024 | SUPPLEMENT to Argument Supporting Personal Jurisdiction Over Defendants Listed on Amended Schedule A 附件： 1:Exhibit A - Foreline 2:Exhibit B - CH e- Com 3:(Exhibit C - Lifenite) |
| 06/14/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to sever 20 is terminated as moot in light of its amended schedule A 23. The entities that were included on the modified schedule A 16 but not on the latest amended schedule A 23 are nonparties who were presumably voluntarily dismissed without prejudice; thus, severing them from the action is unnecessary. Now that Plaintiff has cured the misjoinder 19, the Court has reviewed Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by electronic email and/or publication 10 and supplemental memorandum 22. According to the First Amended Complaint 21, Plaintiff and the Defendants are based in China or other foreign jurisdictions, and Defendants are actively infringing and selling products in Illinois. However, Plaintiff's written submissions do not include any specific evidence to demonstrate minimum contacts with this forum. Merely establishing an online store where infringing products are offered for sale is typically not sufficient to establish both "a willingness to ship goods to Illinois and. the capacity to do so." See NBA Prop. Inc. et al. v. Hanwjh, 46 F.4th 614, 624 (7th Cir. 2022). Accordingly, by 6/20/24, Plaintiff must file supplemental documents supporting a finding of personal jurisdiction over each defendant. Plaintiff must further comply with all case management procedures and submit a proposed TRO order to the Court's proposed order inbox by 6/20/24. Mailed notice. |
| 06/13/2024 | MOTION by Plaintiff Kundian Guo for temporary restraining order Amended Memorandum in Support thereof |
| 06/13/2024 | First AMENDED complaint by Kundian Guo against THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A |
| 06/13/2024 | MOTION by Plaintiff Kundian Guo to sever |
| 06/06/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Kundian Guo originally filed this complaint 1 against 24 defendants, alleging infringement of its design patent for a particular storage shelf. After the Court questioned whether joinder of all these seemingly unrelated defendants was proper 14, Plaintiff filed a memorandum in support of joinder 15 and a modified Schedule A 16 reducing the number of defendants to 17. Plaintiff argues that permissive joinder is established for purposes of 35 U.S.C. § 299 because all defendants are selling the same infringing product on Amazon around the same time, which causes a mass harm or "series of occurrences." Plaintiff does not cite any legal authority to support this argument. 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. At best, Plaintiff alleges that all 17 defendants are selling counterfeit look-alike products on Amazon. But section 299 plainly prohibits joinder in a single action based solely on the fact that everyone is engaging in the same infringing activity. Accordingly, joinder of these 17 defendants is not proper. Plaintiff must file an amended complaint and amended Schedule A consistent with this ruling by 6/13/24. Plaintiff's TRO Motion 10 will remain under advisement. 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 6/13/24, 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).Mailed notice |
| 05/22/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 14 indicating that Plaintiff's Motion for Temporary Restraining Order 10 would remain under advisement until the joinder issue was resolved. Plaintiff filed a memorandum in support of joinder 15 and Amended Schedule A 16 on 5/13/24, which the Court is reviewing and will rule upon in due course. As such, the TRO presentment notice for 5/28/24 17 is stricken as unnecessary. Mailed notice |
| 05/21/2024 | NOTICE of Motion by Robert Michael Dewitty for presentment of motion for temporary restraining order 10 before Honorable LaShonda A. Hunt on 5/28/2024 at 10:00 AM. |
| 05/13/2024 | SEALED DOCUMENT by Plaintiff Kundian Guo modified Schedule A |
| 05/13/2024 | MEMORANDUM set deadlines, 14 by Kundian Guo in support of Joinder |
| 04/29/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 24 defendants in this single case and seeks ex parte TRO relief against each of them 10. However, after reviewing the complaint 1, 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 5/13/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to 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 an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. The motion for a TRO 10 will remain under advisement until the joinder issue is resolved. For future reference, counsel is reminded that all motions must be accompanied by a notice of presentment and non-compliant motions may be stricken. Emailed notice. |
| 04/26/2024 | SEALED DOCUMENT by Plaintiff Kundian Guo |
| 04/26/2024 | MEMORANDUM by Kundian Guo 附件： 1:(Exhibit A) |
| 04/26/2024 | DECLARATION of Robert DeWitty |
| 04/26/2024 | MOTION by Plaintiff Kundian Guo for temporary restraining order |
| 04/26/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 4 is granted. The documents filed at 6 7 shall remain under seal pending further order of the Court. Emailed notice. |
| 04/25/2024 | MAILED Patent report to Patent Trademark Office, Alexandria VA |
| 04/25/2024 | 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. |
| 04/25/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1). |
| 04/24/2024 | SEALED DOCUMENT by Plaintiff Kundian Guo |
| 04/24/2024 | SEALED DOCUMENT by Plaintiff Kundian Guo |
| 04/24/2024 | MEMORANDUM by Kundian Guo in support of motion to seal 4 |
| 04/24/2024 | MOTION by Plaintiff Kundian Guo to seal |
| 04/24/2024 | ATTORNEY Appearance for Plaintiff Kundian Guo by Robert Michael Dewitty |
| 04/24/2024 | CIVIL Cover Sheet |
| 04/24/2024 | COMPLAINT filed by Kundian Guo; Filing fee $ 405, receipt number AILNDC-21894200. 附件： 1:(Exhibit A) |
