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2024-cv-05031
| 日期 | 描述 |
|---|---|
| 10/22/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon consideration of the report of the parties' planning meeting [54], the Court sets the following initial deadlines: (1) Rule 26(a)1) disclosures to be completed by 11/18/24; and (2) amendment of pleadings and joinder of parties by 12/2/24 for Plaintiff, and 1/20/25 for Answering Defendants. The parties indicate that settlement negotiations may be fruitful, but Plaintiff has not yet made a formal demand. Plaintiff is ordered to submit a written demand to Answering Defendants by 11/5/24; and Answering Defendants must respond in writing by 11/19/24. By 12/2/24, the parties are to file a joint status report on settlement discussions. At any time they may jointly contact the courtroom deputy to request a referral to the magistrate judge. If settlement is not a realistic possibility, the parties must include in the joint status report an estimated patent case schedule using the form template on Judge Hunt's webpage under "Patent Cases." The Court will enter a case management order if the litigation proceeds. Emailed notice. |
| 10/21/2024 | REPORT of Rule 26(f) Planning Meeting by Costzon, Honeyjoy, Gymax LLC, Infans, GoplusUS |
| 10/10/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been stipulated to by Defendants INFANS, Gymax LLC, GoPlusUS, Costzon, and Honeyjoy (the "Stipulating Defendants") [48] and entered against Defendant Amijoyping [52]. Summons were executed, the Stipulating Defendants filed an Answer [50], and Defendants Amijoyping's response to the complaint was due by 10/3/24 [43]. By 10/21/24, Plaintiff and the Stipulating Defendants are ordered to file the form Scheduling Order for Patent Cases. A template for the Order can be found in Appendix A to the Local Patent Rules. Plaintiff and the Stipulating Defendants should review the Local Patent Rules prior to completing the Scheduling Order. By 10/31/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a) against Defendant Amijoyping. Emailed notice. |
| 10/10/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/10/2024. Emailed notice. |
| 10/10/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: This matter is before the Court on Plaintiff's motion for a preliminary injunction [26] and the Joint Stipulation for Entry of Preliminary Injunction submitted by Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited and Defendants INFANS, Gymax LLC, GoPlusUS, Costzon, and Honeyjoy [48]. Defendant Amijoyping did not file a notice of objection by the 9/4/24 deadline, appear at the 9/5/24 or 9/19/24 hearings, or otherwise oppose the motion. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendant Amijoyping 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 on the record and in connection with entry of the TRO [20] [21], 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 [43] that it provided electronic notice to Defendant Amijoyping 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 Defendant Amijoyping. Enter Preliminary Injunction Order. The Clerk is requested to unseal any previously sealed documents. The 10/3/24 deadline to meet and confer and submit a status report advising on proposed next steps in the case [47] is stricken. Emailed notice. |
| 10/02/2024 | ANSWER to amended complaint by Costzon, GoplusUS, Gymax LLC, Honeyjoy, Infans |
| 09/30/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Joint Stipulation for Entry of Preliminary Injunction submitted by Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited and Defendants INFANS, Gymax LLC, GoPlusUS, Costzon, and Honeyjoy [48], by 10/3/24, Plaintiff is directed to submit a revised proposed preliminary injunction order to proposed_order_hunt@ilnd.uscourts.gov that reflects the stipulation and any relief still requested against Defendant Amijoyping, which is not a party to the stipulation. Emailed notice. |
| 09/27/2024 | STIPULATION JOINT STIPULATION FOR ENTRY OF A PRELIMINARY INJUNCTION |
| 09/19/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for the Plaintiff and counsel for Defendants Gymax LLC, Infans, GoplusUS, Costzon, and Honeyjoy appeared. Defendant Amijoyping did not appear. Parties report that they have not resolved this matter. As discussed, Plaintiff is ordered to file a reply in support of its Motion for Entry of Preliminary Injunction [26] by 9/26/24. Parties are further ordered to meet and confer and submit a status report advising on proposed next steps in the case, by 10/3/24. Emailed notice. |
| 09/18/2024 | ATTORNEY Appearance for Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited by Ilya Zlatkin |
| 09/18/2024 | ATTORNEY Appearance for Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited by Wenyao Yang Wenyao Yang |
| 09/18/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ningbo Port Zhonngdi Luggage Manufacturing Limited |
| 09/12/2024 | SUMMONS Returned Executed by Ningbo Port Zhonngdi Luggage Manufacturing Limited as to Amijoyping on 9/12/2024, answer due 10/3/2024. |
| 09/12/2024 | SUMMONS Returned Executed by Ningbo Port Zhonngdi Luggage Manufacturing Limited as to Costzon on 9/12/2024, answer due 10/3/2024. |
| 09/12/2024 | SUMMONS Returned Executed by Ningbo Port Zhonngdi Luggage Manufacturing Limited as to Honeyjoy on 9/10/2024, answer due 10/1/2024. |
| 09/12/2024 | SUMMONS Returned Executed by Ningbo Port Zhonngdi Luggage Manufacturing Limited as to GoplusUS on 9/12/2024, answer due 10/3/2024. |
| 09/12/2024 | SUMMONS Returned Executed by Ningbo Port Zhonngdi Luggage Manufacturing Limited as to Gymax LLC on 9/12/2024, answer due 10/3/2024. |
| 09/12/2024 | SUMMONS Returned Executed by Ningbo Port Zhonngdi Luggage Manufacturing Limited as to Infans on 9/12/2024, answer due 10/3/2024. |
| 09/10/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costzon |
| 09/10/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Honeyjoy |
| 09/10/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by GoplusUS |
| 09/10/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Infans |
| 09/10/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Gymax LLC |
| 09/09/2024 | SUMMONS Issued as to Defendants Amijoyping, Costzon, GoplusUS, Gymax LLC, Honeyjoy, Infans |
| 09/06/2024 | NEW PARTIES: Amijoyping added to case caption. |
| 09/05/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Motion hearing held telephonically. Counsel for Plaintiff and Counsel for Defendants Gymax LLC, Infans, GoplusUS, Costzon, and Honeyjoy appeared. As discussed, Counsel for Plaintiff is directed to ensure that the names of all defendants listed on Schedule A to the Amended Complaint 14 are added as parties to the docket sheet as soon as possible. Plaintiff should proceed with having summons issued and promptly file proof of service on the docket once service is effectuated. Counsel are to confer on whether defendants will be served through counsel. By agreement, Plaintiff's Motion for Entry of Preliminary Injunction 26 is entered and continued to 9/19/24 at 9:45AM. 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. |
| 09/05/2024 | RESPONSE by Costzon, GoplusUS, Gymax LLC, Honeyjoy, Infansin Opposition to MOTION by Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited for preliminary injunction 26 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:(Exhibit E) |
| 08/28/2024 | DECLARATION of QIN LI regarding order on motion for preliminary injunction, terminate hearings, set motion and R&R deadlines/hearings, 28 附件： 1:Exhibit Exhibit 1 to Declaration 2:(Exhibit Exhibit 2 to Declaration) |
| 08/27/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 26 is taken under advisement. A telephonic motion hearing is set for 9/5/24, at 9:45AM. 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. The motion may be considered unopposed as to any Defendant who does not file an objection by 9/4/24 and/or appear at the telephonic 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. No appearance is necessary on 8/29/24. For future reference, counsel is advised that motions in civil cases must be noticed for presentment 10:00AM on days that Judge Hunt hears motions. Although Plaintiff's notice of motion 27 states that the motion will be presented at 10:00AM, the docket entry states that it will be presented at 10:30AM because counsel must have selected that time during the electronic filing process. In addition, the Court advises counsel for the second time 24 that the certificate of service erroneously states that the notice of motion was filed on 7/8/24 27. Emailed notice. |
| 08/23/2024 | MOTION by Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited for preliminary injunction |
| 08/12/2024 | REGISTRY DEPOSIT INFORMATION FORM by Ningbo Port Zhonngdi Luggage Manufacturing Limited (Received at the Intake Counter on 8/12/2024). |
| 08/12/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited's TRO extension motion 22 is denied without prejudice. Plaintiff failed to post a timely bond by 8/5/24 as required by the initial TRO 21, the motion was improperly noticed for presentment on 2 instead of 3 business days' notice 23, and the certificate of service erroneously states that the motion was filed on 7/8/24 23. For future reference, counsel is reminded to carefully review and comply with orders and the case procedures on Judge Hunt's website. The 8/13/24 presentment date is stricken. Emailed notice. |
| 08/12/2024 | BOND in the amount of $ 10,000 cashier's check, Receipt No. 100009598, posted by Ningbo Port Zhonngdi Luggage Manufacturing Limited |
| 08/09/2024 | NOTICE of Motion by Zhiwei Hua for presentment of extension of time 22 before Honorable LaShonda A. Hunt on 8/13/2024 at 10:00 AM. |
| 08/09/2024 | MOTION by Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited for extension of time of TRO 附件： 1:(Declaration in support of motion to extend TRO) |
| 07/29/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 7/29/2024. Emailed notice. |
| 07/24/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary asset restraint, and expedited discovery 15 and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 18 are granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Plaintiff is directed to submit a proposed TRO consistent with the Case Procedures for Counterfeit Product/Schedule A Cases and TRO Template on Judge Hunt's webpage via email to Proposed_Order_Hunt@ilnd.uscourts.gov by 7/25/24 at noon. No appearance is necessary on 7/30/24. Emailed notice. |
| 07/23/2024 | MOTION by Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited electronic service of process pursuant to FRCP 4(f)(3) |
| 07/23/2024 | MOTION by Plaintiff Ningbo Port Zhonngdi Luggage Manufacturing Limited for temporary restraining order and expedited discovery |
| 07/19/2024 | AMENDED complaint by John Doe against The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit redline-changes to original complaint 2:Exhibit patent registration |
| 07/09/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff "John Doe" commenced this action on 6/18/24 by filing a complaint 1, along with exhibits 2, 3, a civil coversheet 4, and an appearance 5. Although Plaintiff has not sought leave to do so, the complaint, civil cover sheet, and appearance are filed under a pseudonym and the exhibits were filed under seal. In addition, although the exhibits were filed under seal and purport to contain a copy of Plaintiff's patent certificate and a list of Defendants, neither document contains such information. Complaints must generally name all parties, Fed. R. Civ. P. 10(a), and the Seventh Circuit requires identification of parties absent exceptional circumstances, Doe v. Loyola Univ. Chicago, 100 F.4th 910, 913 (7th Cir. 2024). In addition, the district court's local rules require that any documents filed provisionally under seal be filed contemporaneously with a motion seeking leave to do so. See L.R. 26.2. Plaintiff has failed to provide any reason why it should be allowed to proceed under a pseudonym or file any documents under seal. Accordingly, the Clerk's Office is directed, forthwith, to unseal the following filings: 2, 3. By 7/12/24, Plaintiff is ordered to file unredacted (non-anonymous) versions of the complaint 1, patent certificate 2, civil cover sheet 4, and appearance 5. Any documents filed provisionally under seal must comply with Local Rule 26.2. Emailed notice. |
| 06/21/2024 | 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. |
| 06/21/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category One). |
| 06/18/2024 | ATTORNEY Appearance for Plaintiff John Doe by Qin Li |
| 06/18/2024 | CIVIL Cover Sheet |
| 06/18/2024 | SEALED DOCUMENT by Plaintiff John Doe |
| 06/18/2024 | SEALED EXHIBIT by Plaintiff John Doe patent certificate regarding complaint 1 |
| 06/18/2024 | COMPLAINT filed by John Doe; Filing fee $ 405, receipt number AILNDC-22153174. 附件： 1:Exhibit 2:(Exhibit) |
