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2024-cv-07745
| 日期 | 描述 |
|---|---|
| 12/05/2024 | FULL SATISFACTION of Judgment regarding entered judgment 58 in the amount of $70,000 as to certain defendants |
| 11/25/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 11/21/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Telephone conference held. Pursuant to the stipulation 63, the last remaining party has settled. Civil case closed. Mailed notice. |
| 11/21/2024 | STIPULATION of Dismissal as to a Certain Defendant (Faria De Souza, Luana) |
| 11/19/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins:The telephone conference set for November 21, 2024 at 9:45 a.m. [60] is re-set for 9:15 a.m. TIME CHANGE ONLY. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1831, Access Code: 1038210. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, 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. |
| 11/07/2024 | FULL SATISFACTION of Judgment regarding entered judgment 58 in the amount of $70,000 as to certain defendants |
| 10/29/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. are attempting to resolve the case 59. The matter is set for a telephonic status hearing on November 21, 2024 at 9:45 a.m., unless the parties file a stipulation of dismissal sooner. At the hearing, the Court will set deadlines for the Defendant to retain US counsel, file an answer the complaint, and provide instructions on timing for a Rule 26(f) discovery plan. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1831, Access Code: 1038210. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, 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. |
| 10/28/2024 | STATUS Report Pursuant to [56] by Pit Viper, LLC 附件： 1:Exhibit A |
| 10/22/2024 | ENTERED PARTIAL FINAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 10/22/2024. Mailed notice. |
| 10/22/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 50 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $70,000 is an appropriate award of statutory damages. Enter Partial Final Judgment Order. Mailed notice. |
| 10/16/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd.'s motion to reject 55 is denied. It appears the motion was delivered to the Court via DHL and thus arrived after the Court explained that a non-lawyer may not represent Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. Plaintiff has since filed a motion for default judgment as to the remaining Defendants, including Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. Defendant's filing indicates that if these parties are not able to reach a final agreement between one another, then "Defendant will seek legal representation in strict accordance with the laws of the United States." [Dkt. 55 ] To allow time for these parties to attempt to resolve their dispute, the Court will exclude this Defendant when it rules on the motion for default judgment. Instead, Plaintiff is to file a short status report as to the progress of settlement as to Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. by October 28, 2024, unless a stipulation of dismissal is filed sooner. If the parties have been unable to resolve the matter, then Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. will need to retain counsel in order to proceed with case. Mailed notice. |
| 10/16/2024 | MOTION by Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. to dismiss plaintiff's requests and to reject plaintiff's complaint. (Envelope not postmarked) (Received by mail in the Clerk's Office on 10/16/2024) |
| 10/15/2024 | CERTIFICATE of Service by Plaintiff Pit Viper, LLC regarding order on motion for entry of default, order on motion for default judgment, text entry, [53] 附件： 1:Exhibit A |
| 10/15/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiffs motion [50] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before October 21, 2024. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by October 18, 2024. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. |
| 10/15/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[51] 附件： 1:Exhibit 1 |
| 10/15/2024 | MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment[50] 附件： 1:Exhibit 1 |
| 10/15/2024 | MOTION by Plaintiff Pit Viper, LLC for entry of default, MOTION by Plaintiff Pit Viper, LLC for default judgment as to all Defendants 附件： 1:Exhibit A |
| 10/15/2024 | NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain Defendants |
| 10/09/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: By October 16, 2024, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice. |
| 10/07/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to strike [46] is granted. Defendant Taizhou Jiaojiang Zhameng Trade Co. is a registered company. Therefore, it cannot be represented by an individual proceeding pro se and not through counsel. United States v. Hagerman, 545 F.3d 579, 581-82 (7th Cir. 2008). The documents filed at [[43] and [44]] are stricken because they were filed by Yang Shunan, who has not entered an appearance and is neither a member of the general bar of this court nor has sought admittance pro hac vice, as required by Local Rule 83.12. The Court does not know whether Shunan is a licensed attorney, but a pro se litigant may only represent himself in federal court, not another person or entity. A search of the Illinois Attorney Registration and Disciplinary Commission website shows that Shunan is not a licensed attorney in Illinois, nor did not file an attorney appearance in this case. Any licensed lawyer who intends to represent Defendant Taizhou Jiaojiang Zhameng Trade Co. must file their appearance by October 11, 2024. Mailed notice. |
| 10/07/2024 | MOTION by Plaintiff Pit Viper, LLC to strike answer to complaint[43], objections[44] or, in the alternative, to compel Defendant to obtain U.S. counsel (Faria De Souza, Luana) |
| 10/04/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: As between Plaintiff and Defendant Taizhou Jiaojiang Zhameng Trade Co., the parties are to confer and propose a fact discovery schedule pursuant to FRCP 26(f) by October 15, 2024. The parties must also confer regarding this Defendant's objections to the preliminary injunction order and asset freeze. If the parties are unable to reach and agreement, then Plaintiff's response brief is due by October 18, 2024. Mailed notice. |
| 10/03/2024 | OBJECTIONS by Defendant Taizhou Jiaojiang Zhameng Trade Co., Ltd. for the asset freeze and joinder (Envelope postmarked 9/26/2024)(Received by mail in the Clerk's Office on 10/3/2024) |
| 10/03/2024 | ANSWER to Complaint by Taizhou Jiaojiang Zhameng Trade Co., Ltd. (Envelope postmarked 9/26/2024) (Received by mail in the Clerk's Office on 10/3/2024) |
| 09/26/2024 | NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants |
| 09/24/2024 | PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 9/24/2024. Mailed notice. |
| 09/24/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The following order applies to Defendants 1 through 28. Plaintiff's motion for a preliminary injunction [31] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [37] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice |
| 09/24/2024 | NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants |
| 09/10/2024 | SURETY BOND in the amount of $ 10,000.00 posted by Pit Viper, LLC |
| 09/19/2024 | CERTIFICATE of Service by Plaintiff Pit Viper, LLC regarding text entry, 36 附件： 1:(Exhibit A)(Faria De Souza, Luana) |
| 09/19/2024 | NEW PARTIES: Chongqing Legend Industrial Co., Ltd., Dongguan Zhiqin Technology Co., Ltd., Guangdong Hubo Sports Products Co., Limited, Guangzhou Wanji Trading Co., Ltd., Hunan Lediao Outdoor Products Co., Ltd., Linhai Chuangmu Glasses Factory, Nanchang Dake Glasses Co., Ltd., Shenzhen Liberty Gifts Co., Ltd., Taizhou Hannibal E-Commerce Co., Ltd., Taizhou Jiaojiang Zhameng Trade Co., Ltd., Taizhou Jingtai Glasses Co., Ltd., Ulikia Technology Co., Ltd., Wenzhou Dikasa Technology Co., Ltd., Wenzhou Fashion Eyewear Co., Ltd., Wenzhou Yazhou Glasses Co., Ltd., Wenzhou Yijia Optical Co., Ltd., Xiamen Gelashi Optical Co., Ltd., Xiamen Zeshida Optical Technology Co., Ltd., Yangzhou Paien Sports Goods Co., Ltd., Yingtan Mingzheng Sports Goods Co., Ltd., Yiwu Funiu Trading Co., Ltd., Yiwu Green Shine Arts & Crafts Co., Ltd., Yiwu Kiki Accessory Co., Ltd., Yiwu Qingcen Glasses Co., Ltd., Yiwu Tingyuan Glasses Co., Ltd., Yiwu Yiya Trade Co., Ltd., Zhejiang Jiada Trade Co., Ltd., Zhongshan Yunshengshi E-Commercial Co., Ltd., Elegance Orchid, Elpis-US, Farcauo US, Feast of Yan, KOTOY, MCZTO, METME LLC, ziyouqixingkejiyouxiangongsi, caishen99, chaochao11, chdsdr, climit, cnicelook, coutdoor, cp_designer_hat, enchanting_store, fashion_trades, feitongjewelry01, golf32188, idogs2024, kang07, left_bank, Lexwathces88, mason_store, mugstores, nalyone, pitaya8, popular2025, ppradaa3, qihang01, qilap0628, shu09, shubiaodian1677, sonicehat, sonyyhea, sports_equipment01, strapvip, that_lady, tidesunglasses, yingying221, yogasport2, zeyi888, zhengguangzhizhi51, zhouzhou08, zmkj38, Amni, dreammerino, Joyful_Corner, ldxikj, dongguanshitongmengdianzishangwuyouxiangongsi, foshanshichanchengquyanlvshangmaoyouxiangongsi, foshanshilikejunshangmao, hengtaipeishangmao, jinghefashangmao, LaiMing, lanlishangmao, mengguawangluo, mizhejiaoshangmao, NH-CloudHouse, noxiang si tech Co. Ltd, PeggyDoll, Reitu, shenzhen zhenfengshangmao you xian gong si, Xemplaro, XTCXDZSW, xunize, YpENG STORE, yuanchenfeishangmao and Zhang Yi added to case caption. |
| 09/19/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order applies only to Defendants 1 through 28. Before the Court is Plaintiff's motion 31 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve these Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by September 23, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. |
| 09/19/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 9/19/2024. Mailed notice. |
| 09/19/2024 | SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/19/2024, answer due 10/10/2024. 附件： 1:Declaration of Luana Faria de Souza 2:(Exhibit A)(Faria De Souza, Luana) |
| 09/19/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order applies only to Defendants 29 through 97. Plaintiff's motion for a preliminary injunction 26 as to certain Defendants is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 30 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. |
| 09/19/2024 | MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction 31 附件： 1:Declaration of Trevor C. Talhami 2:(Exhibit 1) |
| 09/19/2024 | MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to certain Defendants 附件： 1:(Exhibit A) |
| 09/12/2024 | CERTIFICATE of Service by Plaintiff Pit Viper, LLC regarding text entry, 29 附件： 1:(Exhibit A)(Faria De Souza, Luana) |
| 09/12/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 26 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by September 18, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. |
| 09/12/2024 | SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/12/2024, answer due 10/3/2024. 附件： 1:Declaration of Luana Faria de Souza 2:(Exhibit A)(Faria De Souza, Luana) |
| 09/12/2024 | MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction 26 附件： 1:Declaration of Trevor C. Talhami 2:(Exhibit 1) |
| 09/12/2024 | MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to certain Defendants 附件： 1:(Exhibit A) |
| 09/03/2024 | Registry Deposit Information Form by Pit Viper, LLC |
| 09/03/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 08/29/2024 | SEALED DOCUMENT by Plaintiff Pit Viper, LLC Schedule A Template per [13] |
| 08/29/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 08/29/2024 | MEMORANDUM by Pit Viper, LLC in support of motion for miscellaneous relief[19] |
| 08/29/2024 | MOTION by Plaintiff Pit Viper, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 08/29/2024 | SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1-2 regarding declaration[17] |
| 08/29/2024 | DECLARATION of Vance Lommen regarding memorandum in support of motion[15] 附件： 1:Exhibit 1 |
| 08/29/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
| 08/29/2024 | MEMORANDUM by Pit Viper, LLC in support of motion for temporary restraining order[14] |
| 08/29/2024 | MOTION by Plaintiff Pit Viper, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 08/28/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. If the template is not completed by September 11, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice. |
| 08/28/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
| 08/28/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 08/27/2024 | 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. |
| 08/27/2024 | CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). |
| 08/27/2024 | ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Luana Faria De Souza (Faria De Souza, Luana) |
| 08/27/2024 | ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami |
| 08/27/2024 | ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler |
| 08/27/2024 | ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio |
| 08/27/2024 | Notice of Claims Involving Trademarks by Pit Viper, LLC |
| 08/27/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC |
| 08/27/2024 | CIVIL Cover Sheet |
| 08/27/2024 | MOTION by Plaintiff Pit Viper, LLC for leave to file under seal |
| 08/27/2024 | SEALED EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint[1] |
| 08/27/2024 | COMPLAINT filed by Pit Viper, LLC; Filing fee $ 405, receipt number AILNDC-22408707. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 |
