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2024-cv-08087

Hainan Changyuan Technology Co. Ltd. v. The Partnerships and Unincorporated Associations Identified in Schedule A

日期:09/05/2024

法院:伊利诺伊州北区法院

品牌:Jrod 花园软管喷嘴

律所:Dewittyip

日期 描述
10/23/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of No. 16 in Schedule A
10/23/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of No. 32 in Schedule A
10/23/2024 MINUTE entry before the Honorable Sunil R. Harjani: In-person motion hearing on Defendants RIDGE WASHER and JoeJet's opposition to Plaintiff's motion for entry of preliminary injunction [40] for 11/6/2024 at 9:30 a.m. in Courtroom 1925. ailed notice
10/21/2024 REPLY by Hainan Changyuan Technology Co. Ltd. to Response[40]
附件:
1:Exhibit Exhibit A
2:Exhibit Exhibit B
3:Exhibit Exhibit C
4:Exhibit Exhibit D
5:Exhibit Exhibit E
10/15/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 19 of Schedule A
10/15/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 31 of Schedule A
10/15/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 13 of Schedule A
10/15/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. No. 11 in Schedule A
10/15/2024 RESPONSE by Defendants RIDGE WASHER, JoeJet to other[26]
附件:
1:Declaration of Jie Fang
10/11/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Defendant #19 from Schedule A
10/11/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Defendant #13 from Schedule A
10/11/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Defendant #11 from Schedule A
10/11/2024 NEW PARTIES: AJF Forever, Daji-Direct, duzforei, hanyunpeiyuanmaoyi, Hoypeyfiy, JoeJet, Moaode-EU, Niuliy, S T Sales Inc, ShadowY, Wansu-Direct, touyoo, Wansu-Direct, YBJ-US, Tzgsonp, Jariko, MINGLE Tool, ktopnob, Saiper, Altima-Store, JZ Racing Performance, best online-store, Southeast Softwash, Slowirrigate, ZHIXING-US, TADYAO, Dongguan Fengyun Spray Technology Development Co., Ltd., Guangdong Boyuan Spraying Technology Co., Ltd., Guizhou Blue Whale Machinery Equipment Co., Ltd., Jinhua Fenjun Industry And Trade Co.,Ltd, Shandong Yatemei Environmental Technology Co., Ltd., Taizhou Juxing Technology Co., Ltd., WAWULUGALA ENGINEERS (PRIVATE) LIMITED, Zhuji Yujia Environmental Protection Technology Co., Ltd., Korea Trendy Apparel Store and FIBO Official Store added to case caption. Terminating The Partnerships and Unincorporated Associations Identified in Schedule A
10/10/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 10/10/2024. Mailed notice
10/09/2024 MINUTE entry before the Honorable Sunil R. Harjani: The Motion to Set Briefing Schedule and to Unseal [31] is granted as unopposed. The Clerk is requested to unseal Dkts. 7-8 and 14. Defendants RIDGE WASHER and Joejet have until 10/14/2024 to respond to Plaintiff's motion for preliminary injunction [Dkt. 25] and Plaintiff may reply by 10/21/2024. Mailed notice
10/08/2024 STATUS Report JOINT by JoeJet, RIDGE WASHER
10/08/2024 MINUTE entry before the Honorable Sunil R. Harjani: The following order does not apply to Defendants JoeJet and RIDGE WASHER. Plaintiff's motion for a preliminary injunction [25] 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 [24, 29] that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Summons was issued on 9/17/2024, and Defendants' responses to the complaint are due by 10/23/2024. Plaintiff should file any motion for entry of default and default judgment by 11/13/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 11/21/2024 at 9:15 a.m. By 10/9/2024, Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox for entry. Mailed notice
10/07/2024 MINUTE entry before the Honorable Sunil R. Harjani: Certain Defendants' Motion to Set Briefing Schedule and to Unseal [31] does not indicate whether there is an objection to the motion. Counsel shall meet and confer concerning the motion. By 10/8/2024, the parties shall file a joint status report advising whether or not the motion is agreed and if agreement cannot be reached, the basis of Plaintiff's objection. Mailed notice
10/04/2024 MOTION by Defendants JoeJet, RIDGE WASHER to set a briefing schedule re: [Dkt 25] and Unseal [Dkts. 7-8, 14]
10/04/2024 NOTICE of Voluntary Dismissal by Hainan Changyuan Technology Co. Ltd. of Def No 2 of Schedule A
10/03/2024 CERTIFICATE of Service by Plaintiff Hainan Changyuan Technology Co. Ltd. regarding terminate hearings, [27] service of Defendants listed in Schedule A
附件:
1:Exhibit 1 - Email
10/03/2024 ATTORNEY Appearance for Defendants RIDGE WASHER, JoeJet by Adam Edward Urbanczyk
10/03/2024 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 25 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 10/7/2024." 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 10/7/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. Telephone status hearing set for 10/8/2024 at 9:15 a.m. is stricken. Mailed notice
10/02/2024 Memorandum in support of Motion for Preliminary Injunction of Defendants in Schedule A by Hainan Changyuan Technology Co. Ltd.
附件:
1:(Exhibit Case law)
10/02/2024 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for preliminary injunction on Defendants in Schedule A
09/19/2024 MINUTE entry before the Honorable Sunil R. Harjani: At counsel's request, telephone status set for 10/9/2024 is reset to 10/8/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
09/18/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion to Extend the Temporary Restraining Order 20 is granted. For the reasons stated in Plaintiff's Motion, the Court finds good cause to extend the temporary restraining order an additional 14 days to 10/9/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 10/2/2024. Telephone status hearing set for 9/24/2024 is stricken and reset to 10/9/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
09/18/2024 SUBMISSION of Bond in Response to TRO. (Received at the Intake Counter on 9/18/2024)
09/18/2024 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for extension of time Motion to Extend the Temporary Restraining Order
09/18/2024 SURETY BOND in the amount of $ 32,000 posted by Hainan Changyuan Technology Co. Ltd. (Document not scanned)
09/13/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/13/2024. Mailed notice
09/11/2024 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion to file under seal 5 and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and publication 12 are granted. 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. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows 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 products, 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/18/2024. Telephone status hearing is set for 9/25/2024 at 9:15 a.m. By 9/11/2024, Plaintiff shall submit a proposed temporary restraining order to the Court's proposed order inbox for entry. The Court presumptively requires a bond of $1,000 per defendant. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
09/09/2024 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for temporary restraining order Memorandum in support thereof
09/09/2024 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. for temporary restraining order
09/05/2024 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.
09/05/2024 CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2).
09/05/2024 SEALED DOCUMENT by Plaintiff Hainan Changyuan Technology Co. Ltd.
09/05/2024 SEALED DOCUMENT by Plaintiff Hainan Changyuan Technology Co. Ltd.
09/05/2024 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. to seal Memorandum in support thereof
09/05/2024 MOTION by Plaintiff Hainan Changyuan Technology Co. Ltd. to seal Schedule A and Exhibit B
09/05/2024 Exhibit A by Hainan Changyuan Technology Co. Ltd. accompanying complaint
09/05/2024 CIVIL Cover Sheet
09/05/2024 ATTORNEY Appearance for Plaintiff Hainan Changyuan Technology Co. Ltd. by Robert Michael Dewitty
09/05/2024 COMPLAINT filed by Hainan Changyuan Technology Co. Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22440684.

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