2024-cv-05621 - 案件详情 - 61TRO案件查询网站

最近更新:2024-10-12
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2024-cv-05621 AI分析

Birkenstock US BidCo, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

日期 - 61TRO案件查询网站 日期:07/03/2024

法院 - 61TRO案件查询网站 法院:伊利诺伊州北区法院

品牌 - 61TRO案件查询网站 品牌: Birkenstock 勃肯鞋

律所 - 61TRO案件查询网站 律所:GBC

日期 描述
10/08/2024 DECLARATION of Constance Yin regarding motion hearing, 66, motion to vacate 57 翻译
10/02/2024 TRANSCRIPT OF PROCEEDINGS held on 10/1/24 before the Honorable Martha M. Pacold. Order Number: 49950. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/23/2024. Redacted Transcript Deadline set for 11/4/2024. Release of Transcript Restriction set for 12/31/2024. 翻译
10/01/2024 MINUTE entry before the Honorable Martha M. Pacold: In-person motion hearing held on 10/1/2024. Defendant Jiangsu Happy Textile Co., Ltd's expedited motion to modify the preliminary injunction order [57] remains under advisement. Defendant's supplemental declaration is due by 10/9/2024. 翻译
09/30/2024 RESPONSE by Birkenstock US BidCo, Inc. to MOTION by Defendant Jiangsu Happy Textile Co., Ltd. to vacate preliminary injunction[45] - Expedited Motion to Modify the Preliminary Injunction Order [57] 翻译

附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
3:Exhibit 2
4:Exhibit 3
5:Exhibit 4
6:Exhibit 5
7:Exhibit 6
09/30/2024 ATTORNEY Appearance for Defendant Jiangsu Happy Textile Co., Ltd. by Christopher Paul Keleher 翻译
09/26/2024 MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing held on 9/26/2024. An in-person motion hearing is set for 10/1/2024 at 11:30 a.m. in Courtroom 2325. Any response by plaintiff to defendant Jiangsu Happy Textile Co., Ltd's expedited motion to modify the preliminary injunction order [57] is due by 9/30/2024. 翻译
09/25/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. to compel 翻译

附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
3:Exhibit 2
4:Exhibit 3
5:Exhibit 4
09/24/2024 MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing to address defendant Jiangsu Happy Textile Co., Ltd.'s motion to dismiss [52], and expedited motion to modify the preliminary injunction order [57] is set for 9/26/2024 at 9:10 a.m. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. 翻译
09/23/2024 Proposed Briefing Schedule for Defendant's EXPEDITED Motion to Modify the Preliminary Injunction Order [57] STATEMENT by Jiangsu Happy Textile Co., Ltd. 翻译
09/23/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant Jiangsu Happy Textile Co., Ltd.'s motion to dismiss, [52]. By 9/27/2024, the parties should confer ad file a status report with an agreed proposed briefing schedule. 翻译
09/20/2024 MEMORANDUM by Jiangsu Happy Textile Co., Ltd. in support of motion to vacate[57] - Memorandum in Support of Expedited Motion to Modify the Preliminary Injunction Order 翻译
09/20/2024 MOTION by Defendant Jiangsu Happy Textile Co., Ltd. to vacate preliminary injunction[45] - Expedited Motion to Modify the Preliminary Injunction Order 翻译
09/16/2024 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Berel Yonathan Lakovitsky 翻译
09/13/2024 ATTORNEY Appearance for Defendant Jiangsu Happy Textile Co., Ltd. by Mark Berkowitz 翻译
09/12/2024 DECLARATION of Constance Yin regarding motion to dismiss[52], objections, [51], memorandum in support of motion[53] 翻译

附件:
1:Exhibit A
09/12/2024 MEMORANDUM by Jiangsu Happy Textile Co., Ltd. in support of motion to dismiss[52] the Complaint 翻译
09/12/2024 MOTION by Defendant Jiangsu Happy Textile Co., Ltd. to dismiss the Complaint 翻译
09/12/2024 OBJECTIONS by Jiangsu Happy Textile Co., Ltd. to MOTION by Plaintiff Birkenstock US BidCo, Inc. for entry of default MOTION by Plaintiff Birkenstock US BidCo, Inc. for default judgment as to all Defendants [47] 翻译
09/04/2024 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 47, must enter an appearance and file a written objection by 9/12/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. 翻译
08/27/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 48 翻译

附件:
1:(Exhibit 1)
08/27/2024 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for entry of default, motion for default judgment 47 翻译

附件:
1:(Exhibit 1)
08/27/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. for entry of default, MOTION by Plaintiff Birkenstock US BidCo, Inc. for default judgment as to all Defendants 翻译

附件:
1:(Exhibit A)
08/23/2024 STATUS Report per [44] by Birkenstock US BidCo, Inc. 翻译

附件:
1:Exhibit A
08/21/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/21/2024. Mailed notice. 翻译
08/21/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction against defendants No. 16, [34]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, [34], is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Plaintiff is directed to file a status report by 8/23/24 updating the court on the status of the case, including proposed next steps. Mailed notice. 翻译
08/21/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, [41], by dropping defendant No. 168 NIEWTR, is granted. Defendant No. 168 NIEWTR is dismissed. Plaintiff has already filed the amended Schedule A on the docket, [42]. Mailed notice. 翻译
08/15/2024 AMENDED exhibit[2] Amended Schedule A 翻译
08/15/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. for Leave to Amend Schedule A to the Complaint instanter 翻译
08/08/2024 NEW PARTIES: Dongguan Zhonghao Trading Co., Ltd., GUANGZHOU YAFEI SHOES TRADING CO., LTD, Hangzhou Guoluo Fei E-Commerce Co., Ltd., Jiangsu Happy Textile Co., Ltd., Quanzhou Jinsheng Shoes Co., Ltd., Shenzhen Kalaier Supply Chain Management Co., Ltd., duypin, HE HUIYUN, KEYWAY SHOES, KLUKGE, volker stores, aigogo_shoes, aj_boots, aj_sports_brand, ajdunkseller008, anheshoes_top01, anime_shoe, balenciciga, bangstore8, bapestar, beego, beego520888, best_buyer_kl, blackingshoes, boyshoe, bright_shop, bstsneaker120, canvas_shoe, cc_brandes, chinafactory_1, chloeslide, cn_sneakrs, dafu07, dalagan888, datangzgzz50, deargod1, designershoes990, dhfashion987, dhgate_xx, dhgateshoes_24hstore, dhhxgonline, dhwlshop001, dhxysyshop, discount_shoes_sport, dloutdoorpop, dunksellerjordan, east_jewelry, elitehousehold, enjoyshopping001, factory_1, faddish8899, fafaevery, fashion_shoes8, fashionbag8, fc_fa, fcfafafa, feitianmaotai, fwzlyx, fzsneakers, gaoshou_9527, gfexyshoes86, ggsneakers01, ghjklll, glasses1999, glasses899, goatsssssss_shop, good_gh1, good_shoes2024, goodshoes678, greatshoes113, guzzi, h_shop, ha_premium, hegu11, highstreetshoess, hnsgjfgk, hoka_sneakers, home_shoe_store, independencex, jogging350v2, jordans4, Jsem_home, jumpmanshoes01, jzh_1234, kudi_shoe_store, lebron_shoe, lianmang, likeshoes1, lilyshoes1, local_warehouses, lucasbb, lucky_star_777, luckyboots2024, luxuryglass_shoes, luxuryshop1978, luxurystore699, maoxiong, max_shoes_, maxoreshoes, mingshoes8, missshoes, moseshoes, neishoes668, nice_sports_shop, offwhite_slipper, ogmine_sneakers, oncloudred, outdoorsportswj, pcc_shoes, Prastore, privatesphere, putianman, qinmin1234, redbottom_shoe, renrenxinfu, samba_shoe, scarpejord, shechui, shengmeida1, shoe_woman, shoes__cabinet, shoes_kd123, shoes01top, shoes12345678, shoes515, shoeszy666, shoewholesalerbig, shunxin2014888, sku_shoes, slippersshoes, sneaker_man, sneakerfactorys, sneakers_pb, solestage1, source_goods, sportssellerj4, super_running168, t_fashshop, tazzs, tennis_shoe, Tn_shoe, tnshoes_shop2, tnshoes_shop8, top_luxurybags, top1_shoe, topsneaker8, uggskids, valentino_shoe, vintage_gucci, wholesaleshoes2028, wingtip_shoe, worldwide_shop, xiaohui66604, xiatian_sneakers, yangmi577, yeezy350shoes66, young_shoes, yzj0015, yzy_shoes_store, zdm0612, zdm230612, zhoshoe3g, zmkj29, zxy161217, DELINLIN, hangxuan, NIEWTR, TaiYuanShiZhiLeKeJiYouXianGongSi, zhenpingxiandainazhubaoyouxiangongsi and bloodyshoes-onsale.com added to case caption. 翻译
08/06/2024 ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 8/6/2024. Mailed notice 翻译
08/06/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/6/2024: 翻译
08/06/2024 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to defendants No. 7-171, [29]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, [29] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. 翻译
08/06/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction as to certain defendants, [34], under advisement and will consider the motion unopposed if no defendant appears and objects by 8/15/2024. Plaintiff shall service defendants with this notice. 翻译
08/02/2024 SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/2/2024, answer due 8/23/2024. 翻译

附件:
1:Declaration of Lucas A. Peterson
2:Exhibit A
08/02/2024 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[34] 翻译

附件:
1:Declaration of Kahlia R. Halpern
2:Exhibit 1
08/02/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants 翻译

附件:
1:Exhibit A
07/24/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 29 under advisement and will consider the motion unopposed if no defendant appears and objects by 8/2/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the TRO, the TRO is extended to and including the date on which 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. 翻译
07/19/2024 SURETY BOND in the amount of $ $10,000.00 posted by Birkenstock US BidCo, Inc. 翻译
07/22/2024 SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/22/2024, answer due 8/12/2024. 翻译

附件:
1:Declaration of Lucas A. Peterson
2:Exhibit A
07/22/2024 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[29] 翻译

附件:
1:Declaration of Kahlia R. Halpern
2:Exhibit 1
07/22/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants 翻译

附件:
1:Exhibit A
07/17/2024 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, [26], by dropping defendant No. 8 Gaoshoes-US, is granted. Defendant No. 8 Gaoshoes-US is dismissed without prejudice. Plaintiff has already filed the amended Schedule A on the docket. See [27]. 翻译
07/15/2024 AMENDED exhibit[2] Amended Schedule A 翻译
07/15/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. for Leave to Amend Schedule A to the Complaint instanter 翻译
07/15/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, [24], which seeks to voluntarily dismiss defendant No. 8 Gaoshoes-US under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. No. 8 Gaoshoes-US from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 7/16/24 identifying the remaining defendants. 翻译
07/11/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
07/11/2024 NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant 翻译
07/11/2024 Registry Deposit Information Form by Birkenstock US BidCo, Inc. 翻译
07/11/2024 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/11/2024: 翻译
07/11/2024 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ([3], [13], [18]) filed by plaintiff, the supporting memoranda ([14], [19]) and the temporary restraining order, plaintiff's motions for electronic service of process, [18], motion for leave to file under seal, [3], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, [13], are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. 翻译
07/09/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] 翻译

附件:
1:Exhibit 1
2:Exhibit 2
07/09/2024 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for miscellaneous relief[18] 翻译
07/09/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
07/09/2024 SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 - Parts 1 - 9 regarding declaration[16] 翻译
07/09/2024 DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion[14] 翻译

附件:
1:Exhibit 1
07/09/2024 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] 翻译

附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
07/09/2024 MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for temporary restraining order[13] 翻译
07/09/2024 MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
07/08/2024 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Lucas Allen Peterson 翻译
07/08/2024 MAILED to plaintiff(s) counsel Lanham Mediation Program materials. 翻译
07/08/2024 MAILED trademark report to Patent Trademark Office, Alexandria VA. 翻译
07/03/2024 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. 翻译
07/03/2024 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable David M. Weisman. Case assignment: Random assignment. (Civil Category 2). 翻译
07/03/2024 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Kahlia Roe Halpern 翻译
07/03/2024 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Amy Crout Ziegler 翻译
07/03/2024 ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Justin R. Gaudio 翻译

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