最近更新：2025-01-02
2024-cv-07145
| 日期 | 描述 |
|---|---|
| 12/31/2024 | MINUTE entry before the Honorable April M. Perry: Plaintiff is ordered to add all remaining defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the Court's website. The Clerk is directed to unseal this matter. Mailed notice. (jcc,) |
| 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 | NOTICE of Voluntary Dismissal by Wham Bam Systems, LLC for Defendants 41 "Liaowev8" and 62 "HZD US" |
| 12/20/2024 | STIPULATION of Dismissal for Defendant 90 "Epic Edeals" |
| 12/19/2024 | PRELIMINARY INJUCTION ORDER. Signed by the Honorable April M. Perry on 12/19/2024. Mailed notice. (jcc,) |
| 12/19/2024 | MINUTE entry before the Honorable April M. Perry: Hearing held on Plaintiff's Motions for Preliminary Injunction 33 36 and the Motions are granted. As stated during the hearing, the Court has serious concerns with the arguments in support of joinder for some of the Defendants in this case. To the extent that Defendants are negotiating a resolution to the case as a group, joinder is appropriate. Similarly, if Defendants have been in contact with Plaintiff and have not objected to the joinder, the Court will not object sua sponte. For what may be as many as 70 remaining Defendants, Plaintiff is asked to supplement its pleadings with evidence that relates to only those defendants demonstrating that joinder is appropriate (including evidence demonstrating sale of identical products, use of same product photos, identical product descriptions, etc.). The Clerk is instructed to lift the seal on all of the filings that have been placed under seal. Mailed notice. (jcc,) |
| 12/18/2024 | MEMORANDUM order on motion for preliminary injunction, set motion and R&R deadlines/hearings, set deadlines/hearings, 42 by Wham Bam Systems, LLC Memorandum in Support of Joinder 附件： 1:(Exhibit Exhibit A) |
| 12/18/2024 | NOTICE of Voluntary Dismissal by Wham Bam Systems, LLC for Defendants 5, 13, 15, 42, 66, 79, 89, and 137 |
| 12/17/2024 | ATTORNEY Appearance for Plaintiff epicedeals by Robert D. Kreisman |
| 12/16/2024 | AFFIDAVIT of Brandon Beymer regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, set deadlines/hearings, 42 Affidavit of Service of Docket Entry 42 on all Defendant Subject to Plaintiff's Motion for Preliminary Injunction |
| 12/16/2024 | MINUTE entry before the Honorable April M. Perry: The plaintiff's motions for entry of a preliminary injunction [33 and 36] are taken under advisement. Plaintiff's motions for entry of a preliminary injunction will be heard at a hearing on 12/19/2024, at 10:00 AM. The motions may be considered unopposed as to any defendant who does not file an objection by 12/18/2024 and/or appear at the hearing. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. The Court also sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining the remaining 105 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). The Seventh Circuit has found it "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." Id. at 186 (discussing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)). The necessity of sua sponte evaluation intensifies "when it would take enormous time and effort to check the evidence - such as screenshots of dozens and dozens of defendants' online stores - amassed into a single case absent actual connections between the defendants." Id. The Court expects the plaintiff to be prepared to discuss the propriety of joinder in light of the principles described above at the 12/19/2024 hearing. In the alternative, plaintiff has leave to file an amended complaint by 12/18/2024 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Mailed notice. |
| 12/16/2024 | MINUTE entry before the Honorable April M. Perry: Per the plaintiff's attorney request, the motion hearing set for 12/19/2024 at 10 a.m. regarding 33 and 36, attorney should appear telephonically for the hearing by calling the Toll-Free Number: 650-479-3207, Access Code: 2307 684 8339. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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. (jcc,) |
| 12/16/2024 | NOTICE of Voluntary Dismissal by Wham Bam Systems, LLC for Defendants 36-38, 40, 53, 65, 68, 75, 77, 78, 87, 101, and 120 |
| 12/13/2024 | SUMMONS Returned Executed by Wham Bam Systems, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/13/2024, answer due 1/3/2025. 附件： 1:(Affidavit Affidavit of Service) |
| 12/13/2024 | NOTICE of Motion by Brandon Matthew Beymer for presentment of motion for preliminary injunction 36 before Honorable April M. Perry on 12/19/2024 at 10:00 AM. |
| 12/13/2024 | MEMORANDUM by Wham Bam Systems, LLC in support of motion for preliminary injunction 36 |
| 12/13/2024 | MOTION by Plaintiff Wham Bam Systems, LLC for preliminary injunction as to Defendants 107-112 附件： 1:(Exhibit Schedule A) |
| 12/13/2024 | NOTICE of Motion by Brandon Matthew Beymer for presentment of motion for preliminary injunction 33 before Honorable April M. Perry on 12/19/2024 at 10:00 AM. |
| 12/13/2024 | MEMORANDUM by Wham Bam Systems, LLC in support of motion for preliminary injunction 33 |
| 12/13/2024 | MOTION by Plaintiff Wham Bam Systems, LLC for preliminary injunction 附件： 1:(Exhibit Schedule A) |
| 12/13/2024 | NOTICE of Voluntary Dismissal by Wham Bam Systems, LLC for Defendants 17, 44, 46, 56, and 57 |
| 12/12/2024 | NOTICE of Voluntary Dismissal by Wham Bam Systems, LLC for Defendants 33, 35, 45, 47, 49, 59, 61, 67, 70, 73, 76, 81, 83, 85, 88, 91, 95, 102, 121, 122, 124-130, 132-134, 138, 139, 143, 145, and 147 |
| 12/11/2024 | NOTICE of Voluntary Dismissal by Wham Bam Systems, LLC for Defendants 31 "Boicus" and 54 "Unique US" |
| 12/10/2024 | NOTICE of Voluntary Dismissal by Wham Bam Systems, LLC for Defendants 117 "Puxin," 118 "Longming," and 119 "Queenti" |
| 12/09/2024 | SEALED DOCUMENT by Plaintiff Wham Bam Systems, LLC Template Schedule A |
| 12/02/2024 | MINUTE entry before the Honorable John F. Kness: As this case has been reassigned to Judge Perry 23, all deadlines and hearings set before Judge Kness are stricken. Mailed notice. |
| 11/27/2024 | EXTENSION of Temporary Restraining Order. Signed by the Honorable April M. Perry on 11/27/24. |
| 11/27/2024 | MINUTE entry before the Honorable April M. Perry: Plaintiff's motion to extend the temporary restraining order until December 20, 2024 24 is granted. Enter order. |
| 11/27/2024 | MOTION by Plaintiff Wham Bam Systems, LLC for extension of time to Extend the Temporary Restraining Order |
| 11/22/2024 | SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/22/2024. |
| 11/22/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order [7] and motion for electronic service of process [11] are granted in part. For the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice. |
| 08/21/2024 | First AMENDED complaint by John Doe against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:(Exhibit Exhibit 2) 2:Exhibit Exhibit 1 |
| 08/20/2024 | MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 13, which includes a sub rosa motion for leave to proceed anonymously, is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal either its own identity or the identity of its trademark: Plaintiff's ex parte motion for preliminary injunctive relief will be adjudicated in the ordinary course of so-called "Schedule A" litigation, and the identity of Defendants will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); see also Doe v. Smith, 429 F.3d 706, 710 (7th Cir. 2005) ("The public has an interest in knowing what the judicial system is doing, an interest frustrated when any part of litigation is conducted in secret."); Doe v. Trustees of Indiana Univ., 101 F.4th 485, 493 (7th Cir. 2024) (district judge "abused his discretion when permitting 'John Doe' to conceal his name without finding that he is a minor, is at risk of physical harm, or faces improper retaliation."). Such exceptional circumstances as to justify anonymity are not present in this case. Indeed, the volume of "Schedule A" cases filed in this District alone cuts strongly against any argument that another Schedule A case could be considered "exceptional." Accordingly, Plaintiff's motion proceed anonymously is denied. Plaintiff's motion 13 for leave to file certain documents under seal is otherwise granted. Subject to unsealing at an appropriate time, Plaintiff may for now file the documents appearing at docket entries 2 through 5 and 9 through 10. An amended complaint naming the Plaintiff and not obscuring its trademark must be filed on or before 8/26/2024. Failure to meet this deadline or otherwise to dismiss the case voluntarily will lead to dismissal with prejudice and the unsealing of all docket entries. All other pending motions are entered and continued. Mailed notice. |
| 08/13/2024 | 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. |
| 08/13/2024 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
| 08/13/2024 | CIVIL Cover Sheet |
| 08/13/2024 | ATTORNEY Appearance for Plaintiff John Doe by Daliah Saper |
| 08/13/2024 | ATTORNEY Appearance for Plaintiff John Doe by Brandon Matthew Beymer |
| 08/13/2024 | MOTION by Plaintiff John Doe to seal document sealed document 9, sealed document, 4, sealed document 5, sealed document, 10, sealed document 3, sealed document 2 |
| 08/13/2024 | MEMORANDUM by John Doe in support of motion for service by publication 11 |
| 08/13/2024 | MOTION by Plaintiff John Doe for service by publication |
| 08/13/2024 | SEALED DOCUMENT by Plaintiff John Doe Declaration of Plaintiff in Support of Motion for Temporary Restraining Order 附件： 1:(Exhibit Exhibit 3C) 2:Exhibit Exhibit 3B 3:Exhibit Exhibit 3A 4:Exhibit Exhibit 2 5:Exhibit Exhibit 1 |
| 08/13/2024 | SEALED DOCUMENT by Plaintiff John Doe Unredacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order |
| 08/13/2024 | MEMORANDUM by John Doe in support of motion for temporary restraining order 7 Redacted Memorandum in Support of Plaintiff's Motion for Entry of Temporary Restraining Order |
| 08/13/2024 | MOTION by Plaintiff John Doe for temporary restraining order |
| 08/13/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by John Doe |
| 08/13/2024 | SEALED DOCUMENT by Plaintiff John Doe Notice of Trademark Claim |
| 08/13/2024 | SEALED DOCUMENT by Plaintiff John Doe Unredacted Complaint 附件： 1:Exhibit Exhibit 1 to the Unredacted Complaint 2:Exhibit Exhibit 2 to the Unredacted Complaint 3:(Exhibit Schedule A to the Unredacted Complaint) |
| 08/13/2024 | SEALED DOCUMENT by Plaintiff John Doe Schedule A to the Redacted Complaint |
| 08/13/2024 | SEALED DOCUMENT by Plaintiff John Doe Exhibit 1 to the Redacted Complaint |
| 08/13/2024 | COMPLAINT Redacted Complaint filed by John Doe; Jury Demand. Filing fee $ 405, receipt number AILNDC-22357016. 附件： 1:(Exhibit Exhibit 2 to the redacted Complaint) |
