最近更新：2024-12-25
2024-cv-00622
| 日期 | 描述 |
|---|---|
| 08/21/2024 | MAILED original two thousand dollar surety bond posted by Pool Punisher LLC to Flener IP and Business Law 77 W. Washington St. Suite 800 Chicago, IL 60602 via certified # 9589 0710 5270 0579 7786 04. |
| 08/13/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 8/13/2024. Emailed notice. |
| 08/13/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: The only remaining Defendant, Nika beauty, has not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 54 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 design patent, copyrights, and trademark irreparably harms Plaintiff and confuses the public. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $10,000 is an appropriate award of statutory damages against Nika beauty. Enter Final Judgment Order. Civil case terminated. Emailed notice. |
| 07/25/2024 | MOTION by Plaintiff Pool Punisher LLC for default judgment as to as to Defendant Nika beauty |
| 07/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [52]. Summons were executed on 6/6/24 and Defendants' responses to the complaint were due by 6/27/24 [49]. By 8/8/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
| 07/18/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 7/18/2024. Emailed notice. |
| 07/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [34], which the Court now considers unopposed because no Defendant filed a notice of objection by the 6/24/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO [29], [30], 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 [36], [38], [44], [46] 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 is requested to unseal any previously sealed documents. Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [34], which the Court now considers unopposed because no Defendant filed a notice of objection by the 6/24/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO [29], [30], 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 [36], [38], [44], [46] 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 is requested to unseal any previously sealed documents. Emailed notice. |
| 07/17/2024 | STATUS Report by Pool Punisher LLC |
| 07/17/2024 | NOTICE of Voluntary Dismissal by Pool Punisher LLC As to Certain Defendants |
| 06/25/2024 | CERTIFICATE of Service by Plaintiff Pool Punisher LLC regarding order on motion for preliminary injunction, order on motion to dismiss, telephone conference, set deadlines/hearings, [45] |
| 06/25/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Plaintiff appeared through Counsel, and Weiyi Qiu appeared for herself and Defendant HOT MAMA. Ms. Qiu stated that she is the sole-owner of HOT MAMA and that she is not a lawyer. The Court advised Ms. Qiu that only a lawyer can represent a company and allowed her to speak today in court to understand her position. As discussed on the record, Plaintiff's motion for preliminary injunction [34] and HOT MAMA's related filings [39], [41] are entered and continued for telephonic hearing on 7/18/24 at 9:30AM. 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. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff is directed to 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. Because no appearance has been filed for HOT MAMA, Plaintiff agrees to serve HOT MAMA via email at 123925373@qq.com and laluu.hu@gmail.com. Mailed notice. |
| 06/24/2024 | CERTIFICATE of Service by Plaintiff Pool Punisher LLC regarding text entry, [40] |
| 06/24/2024 | CERTIFICATE of Service by Defendant HOT MAMA regarding memorandum in support of motion [42], motion to dismiss [41]. |
| 06/24/2024 | MEMORANDUM by HOT MAMA in support of motion to dismiss [41]. |
| 06/24/2024 | MOTION by Defendant HOT MAMA to dismiss the temporary restraining order. (Exhibits) (Received via pro se email on 06/24/2024) |
| 06/11/2024 | CERTIFICATE of Service by Plaintiff Pool Punisher LLC regarding order on motion for preliminary injunction, set deadlines/hearings, terminate deadlines and hearings, [37] |
| 06/11/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction [34] is taken under advisement. A telephonic motion hearing is set for 6/25/24, at 10:00AM. 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. The motion may be considered unopposed as to any Defendant who does not file an objection by 6/24/24, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. 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 6/13/24. Mailed notice. |
| 06/10/2024 | MOTION by Plaintiff Pool Punisher LLC for preliminary injunction as to Certain Defendants |
| 06/06/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend Temporary Restraining Order 32 was not accompanied by the required notice of presentment even though the Court previously reminded counsel to comply with all procedures 20, and then with the next infraction, struck the non-compliant motion 26. This motion 32 is likewise stricken. Counsel is admonished that continued disregard of court procedures may result in sanctions. Mailed notice. |
| 06/05/2024 | MOTION by Plaintiff Pool Punisher LLC for temporary restraining order for Extension of Temporary Restraining Order |
| 05/30/2024 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified in Schedule A |
| 05/29/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 5/29/2024.Mailed notice |
| 05/29/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service 12 is granted as to the Defendants listed on Amended Schedule A 28. 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 $2,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Mailed notice |
| 05/17/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Pool Punisher LLC DBA Float Factory filed this patent, copyright, and trademark infringement action against 300 defendants regarding an inflatable swimming pool accessory 7 [7-2]. After the Court questioned whether joinder of all 300 defendants in this single case was appropriate 16, Plaintiff filed a memorandum 17 and exhibit 19 asserting that these defendants appear to be "selling the same counterfeit goods from the same source and utilizing the same strategies, all within the same geographic region." (Dkt. 17 at 5). Similarly, Plaintiff argues the standard set forth in 35 U.S.C. § 299 governing patent infringement cases is satisfied by allegations of relatedness, on information and belief, at the pleading stage. The Court disagrees. At most, Plaintiff points to copycat advertising and marketing, the use of pseudonyms to conceal their identities, and other suspicions that these defendants are using the same manufacturer, but these facts, standing alone, are not enough to demonstrate a logical relationship between all 300 defendants. See Tang v. Schedule A Partnerships, No. 23 C 4587, 2024 WL 68332, at 2 (N.D. Ill. Jan. 4, 2024). Even Plaintiff's detailed chart 19 purports to show that some defendants may be related to each other and that all defendants are possibly using the same manufacturer who produces a diverse range of inflatable tanks that these defendants also sell. All this confirms, though, is that Plaintiff is essentially suing every potential infringer without demonstrating the requisite connection, an action forbidden under section 299. Plaintiff further raises the possibility of permissive joinder but does not address the critical question of whether allowing this case to proceed against 300 defendants "will comport with the principles of fundamental fairness." Estee Lauder v. Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). Plaintiff's right to protect its intellectual property from foreign counterfeit operations is an important factor. But the Court must also consider the due process rights of the 300 defendants against whom ex parte relief, including the extraordinary remedy of freezing all their assets without notice and potentially ruining a legitimate business, is sought, as well as the interest in promoting judicial economy and managing a case against hundreds of defendants with hundreds of pages of evidentiary submissions to ensure that injunctive relief is warranted. The Court declines to exercise its discretion to allow permissive joinder under these circumstances. By 5/29/24, Plaintiff may file an amended Schedule A under seal with a significantly smaller subset of defendants consistent with this ruling, along with a supplement identifying relevant screenshot information for those defendants in the prior filings or it may reattach the relevant pages to any filing for ease of court review. Otherwise, the Court may exercise its discretion to sever and 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. |
| 04/18/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Extension of Time to Serve Complaint 25 is not accompanied by the required notice of presentment. Because the Court previously reminded Plaintiff of this requirement 20 and Plaintiff has again failed to comply, the motion 25 is stricken. That said, the time limit for service in Rule 4(m) "does not apply to service in a foreign country under Rule 4(f)." Fed. R. Civ. P. 4(m). Thus, in this case where Plaintiff is seeking leave to serve foreign defendants by alternative means pursuant to Rule 4(f)(3) 12, the motion is likely unnecessary. Emailed notice. |
| 04/17/2024 | MOTION by Plaintiff PP LLC DBA FF for extension of time to Serve Complaint |
| 03/28/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Motion to Withdraw 22 is granted. Attorney Patrycia Piaskowski is terminated as counsel for Pool Punisher LLC. No appearance is necessary on 4/3/24. Emailed notice. |
| 03/27/2024 | MOTION by Attorney Patrycia Piaskowski to withdraw as attorney for PP LLC DBA FF. No party information provided |
| 02/15/2024 | ATTORNEY Appearance for Plaintiff PP LLC DBA FF by Ying Chen |
| 02/14/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Documents Under Seal 18 is granted. The document filed at 19 shall remain under seal until further order. For future reference, counsel is reminded that all motions must be noticed for presentment in accordance with Judge Hunt's case management procedures. Emailed notice. |
| 02/13/2024 | MOTION by Plaintiff PP LLC DBA FF to seal document memorandum, [17] |
| 02/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 300 defendants in this single case and seeks ex parte TRO relief against each of them 12. However, after reviewing the complaint 7, 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 2/20/24, 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 Amended 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. Plaintiff's motion for leave to file excess pages 11 is granted. The motion for a TRO 12 is taken under advisement until the joinder issue is resolved. Emailed notice. |
| 02/02/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 5 is granted in part and denied in part. Plaintiff has filed an ex parte TRO motion, and the identity of the defendant entities 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). The Court does not find any such exceptional circumstances here that would justify allowing Plaintiff to conceal its own identity. Thus, Schedule A 9 and Exhibit 2 to the Declaration of Patrick W. Frank [12-5] through [12-18] shall remain sealed until further court order. The Clerk's Office is directed, forthwith, to (1) update the docket to reflect that the Plaintiff's name is "Pool Punisher LLC DBA Float Factory"; and (2) unseal the Complaint 7, TRO motion 12, brief in support of the TRO motion [12-1], Declaration of James Judge [12-2], Declaration of Patrick W. Frank [12-3], and Exhibit 1 to the Declaration of Patrick W. Frank [12-4]. Emailed notice. |
| 01/29/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motions for leave to file documents under seal 5, for leave to exceed page limit 11, and for temporary restraining order 12 are taken under advisement. No appearance is necessary on 1/30/24. Emailed notice. |
| 01/25/2024 | NOTICE of Motion by James Edward Judge for presentment of motion for leave to file excess pages 11, motion for leave to file 5, Sealed motion, 12 before Honorable LaShonda A. Hunt on 1/30/2024 at 10:00 AM. |
| 01/25/2024 | SEALED MOTION by Plaintiff PP LLC DBA FF for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service 附件： 1:Brief in Support of Motion 2:Declation of James Judge 3:Plantiff Declaration 4:Ex.1 5:Ex.2 Pt.1 6:Ex.2 Pt.2 7:Ex.2 Pt.3 8:Ex.2 Pt.4 9:Ex.2 Pt.5 10:Ex.2 Pt.6 11:Ex.2 Pt.7 12:Ex.2 Pt.8 13:Ex.2 Pt.9 14:Ex.2 Pt.10 15:Ex.2 Pt.11 16:Ex.2 Pt.12 17:Ex.2 Pt.13 18:(Ex.2 Pt.14) |
| 01/25/2024 | MOTION by Plaintiff PP LLC DBA FF for leave to file excess pages |
| 01/25/2024 | MAILED Patent Request Letter to Plaintiff's counsel Patrycia Piaskowski. |
| 01/25/2024 | 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. |
| 01/25/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 1). |
| 01/25/2024 | SEALED DOCUMENT by Plaintiff PP LLC DBA FF Schedule A |
| 01/24/2024 | MOTION by Plaintiff PP LLC DBA FF for leave to file Documents Under Seal |
| 01/24/2024 | COMPLAINT filed by PP LLC DBA FF; Jury Demand. Filing fee $ 405, receipt number AILNDC-21561113. 附件： 1:Schedule A 2:Ex.1 3:Ex.2 4:Ex.3 |
