2024-cv-02987 AI分析
02/19/2025
MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion 123 for an extension to and including 03/24/2025 of its deadline to answer or otherwise respond to the third amended complaint is granted. The court expects to rule promptly, and in any event by defendant's extended answer deadline, on the pending portion of defendant's motion to vacate the preliminary injunction. Mailed notice
02/13/2025
MOTION by Defendant SHEWIN Flagship Shops for extension of time Unopposed for Second Extension to Answer or Otherwise Respond to Plaintiff's Third Amended Complaint
01/22/2025
AMENDED PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 1/22/2025. Mailed notice
01/22/2025
MINUTE entry before the Honorable Joan B. Gottschall: Enter amended preliminary injunction superseding the preliminary injunction 48 dated 07/18/2024. In accordance with the parties' stipulation, paragraph 6(b) of the amended preliminary injunction caps the amount of defendant's frozen assets at $5 million. Mailed notice
01/21/2025
MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion [119] for an extension to and including 02/20/2025 of its deadline to answer or otherwise respond to the third amended complaint [105] is granted. Mailed notice
01/17/2025
MOTION by Defendant SHEWIN Flagship Shops for extension of time to file answer regarding amended complaint, 105 Unopposed
01/16/2025
MINUTE entry before the Honorable Joan B. Gottschall: The parties' stipulation [117] to modify the preliminary injunction is approved. Consistent with the parties' stipulation, counsel are instructed to email a proposed amended preliminary injunction, in PDF and Microsoft Word formats, to Proposed_Order_Gottschall@ilnd.uscourts.gov on or before 01/21/2025. Counsel must also attach a redline comparing the preliminary injunction [48] dated 07/18/2024 with their proposed amended preliminary injunction. Mailed notice
01/15/2025
STIPULATION with [Proposed] Order Modifying Preliminary Injunction Order as to Defendant Shewin Flagship Shops
01/06/2025
MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion to seal 114 the supplemental declaration of Kevin T. McElroy 113 is granted based on defendant's good faith claim of trade secret protection.The minute order 109 dated 12/31/2024 striking plaintiff's third amended complaint is vacated in light of the agreed schedule 96 adopted 11/18/2024, authorizing plaintiff to file an amended complaint. For avoidance of doubt, plaintiff's third amended complaint 105 is reinstated and is plaintiff's live complaint. Defendant's motion 115 for an extension of its deadline to answer or otherwise respond to the live, third amended complaint is granted to and including 01/21/2025. If defendant moves to dismiss the third amended complaint, plaintiff's response will be due by and including 02/11/2025, and defendant's reply, if any, will be due by and including 02/25/2025. Mailed notice
01/03/2025
MOTION by Defendant SHEWIN Flagship Shops for extension of time to file a response to SAC
01/03/2025
MOTION by Defendant SHEWIN Flagship Shops to seal
01/03/2025
SEALED DOCUMENT by Defendant SHEWIN Flagship Shops Kevin T. McElroy Unredacted
01/03/2025
DECLARATION of Kevin T. McElroy regarding reply[110]
01/03/2025
REPLY by Defendant SHEWIN Flagship Shops to sur-reply[106]
12/31/2024
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's third amended complaint 105 is stricken from the record because plaintiff did not seek leave of court before filing it, and the record does not demonstrate that defendant consented in writing to the filing of plaintiff's third amended complaint. See Fed. R. Civ. P. 15(a)(2). Mailed notice
12/27/2024
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
12/27/2024
DECLARATION of Trevor W. Barrett regarding sur-reply 106
附件：
1:Exhibit 6
2:Exhibit 7
3:(Exhibit 8)
12/27/2024
SUR-REPLY by Plaintiff Unicolors, Inc. to motion for miscellaneous relief 57
12/23/2024
THIRD AMENDED complaint by Unicolors, Inc. against The Partnerships and Unincorporated Associations Identified in Schedule A
附件：
1:Exhibit Schedule A
2:Exhibit Designs
3:Exhibit Infringements
4:Exhibit Receipt
5:(Exhibit Amazon Sales)
12/13/2024
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's request 103 for leave to file a further brief is granted. Plaintiff's supplemental brief is due by and including 12/27/2024, and defendant's response is due by and including 01/03/2025. Mailed notice
12/12/2024
Notice to the Court re Dkt. No. 102 STATEMENT by Unicolors, Inc.
12/06/2024
MINUTE entry before the Honorable Joan B. Gottschall: In its status report 101 filed 12/04/2024, defendant asked the court to rule without further briefing on arguments not reached in the memorandum opinion and order of 10/24/2024. Because defendant wishes to stand on its briefing, plaintiff is given until and including 12/13/2024 to tell the court whether it also wishes to stand on its briefing. Mailed notice
11/26/2024
ORDER Signed by the Honorable Joan B. Gottschall on 11/26/2024.Mailed notice
11/26/2024
MINUTE entry before the Honorable Joan B. Gottschall: Enter order regarding the parties' memoranda on increasing the preliminary injunction bond. In accordance with the order, defendant's request to increase the preliminary injunction bond is denied. If it wishes to do so, defendant remains free to file a motion to increase the preliminary injunction bond so long as any such motion is supported by competent and admissible evidence. Mailed notice
11/20/2024
RESPONSE by Defendant SHEWIN Flagship Shops to memorandum 97
11/18/2024
MEMORANDUM order on motion for reconsideration, set deadlines, [93] by Unicolors, Inc. -- Memorandum of Law Opposing Any Increase to Unicolors' Bond
11/18/2024
MINUTE entry before the Honorable Joan B. Gottschall: The parties' proposed schedule [94] is adopted. Plaintiff's amended complaint is due by and including 12/23/2024. Defendant has until and including 01/06/2025 to answer or otherwise respond to the amended complaint. If defendant moves to dismiss the amended complaint, plaintiff's response will be due by and including 01/27/2025, and defendant's reply, if any, will be due by and including 02/03/2025. The parties' request for oral argument following briefing on defendant's anticipated motion to dismiss the amended complaint is denied without prejudice as premature. The parties may renew their request for oral argument in their briefing on any motion to dismiss. Counsel are referred to Part V of this court's Civil Procedures, available from the court's official website, for instructions on requesting oral argument. Mailed notice
11/13/2024
DECLARATION of Shengmao Mu regarding order on motion for reconsideration, set deadlines, 93
附件：
1:(Exhibit A)
11/13/2024
STATUS Report -- Joint Status Report by Unicolors, Inc.
11/08/2024
MINUTE entry before the Honorable Joan B. Gottschall: In its memorandum of law in support of its motion to reconsider 91, plaintiff does not take issue with the court's decision to dismiss the original complaint for lack of personal jurisdiction. Instead, based on the declaration dated 11/07/2024 of Trevor W. Barrett 92 and the accompanying exhibits, it appears that after the court dismissed the original complaint, plaintiff obtained evidence that one or more allegedly infringing products was purchased from defendant's Amazon.com store and delivered to an Illinois address on 10/31/2024. In light of this evidence, plaintiff's motion for reconsideration 90 is granted insofar as plaintiff seeks leave to amend its complaint to supplement its personal jurisdiction allegations. See Fed. R. Civ. P. 15(a)(2). The court implies nothing about the sufficiency of any amended complaint or of the evidence 92 submitted in support of plaintiff's motion 90 to reconsider. The preliminary injunction 48, including the asset freeze, remains in effect until further order of court. The parties are ordered to file a joint status report on or before 11/13/2024. The joint status report must propose a deadline for defendant to answer or move to dismiss the amended complaint and an agreed schedule for briefing any motion to dismiss. The parties must also propose a schedule for briefing defendant's alternative arguments for dissolving the preliminary injunction not reached in the memorandum opinion and order 86 dated October 24, 2024. The outstanding issues include plaintiff's likelihood of success on the merits and defendant's contention that the asset freeze is overly broad. In addition, in view of defendant Shewin's representations concerning the amount of the assets frozen in its Amazon account as a result of this litigation, the court feels compelled to revisit the amount of the bond posted by plaintiff. Within 5 days (by and including November 13), Shewin may present evidence documenting the amount of the asset freeze. Within 5 days thereafter (by and including November 18), plaintiff Unicolors should inform the court of any reason why the bond should not be increased to equal the amount of the asset freeze.Motion for reconsideration 90 is granted. Status Report due by 11/13/2024.Mailed notice
11/07/2024
DECLARATION of Trevor W. Barrett regarding motion for reconsideration[90]
附件：
1:Exhibit 1 to Declaration of Trevor W. Barrett
2:Exhibit 2 to Declaration of Trevor W. Barrett
3:Exhibit 3 to Declaration of Trevor W. Barrett
4:Exhibit 4 to Declaration of Trevor W. Barrett
5:Exhibit 5 to Declaration of Trevor W. Barrett
11/07/2024
MEMORANDUM by Unicolors, Inc. in support of motion for reconsideration[90]
11/07/2024
MOTION by Plaintiff Unicolors, Inc. for reconsideration regarding memorandum opinion and order[86]
11/01/2024
MINUTE entry before the Honorable Joan B. Gottschall: Several of defendant's objections 88 to plaintiff's ex parte motion 87 for a 14-day stay of the order of dissolution are well taken. First, plaintiff did not comply with Local Rule 5.5(d) and file an affidavit explaining why proceeding without notice is necessary. This point is moot, however, because the CM/ECF system automatically notified defendant of plaintiff's motion when plaintiff filed it. In addition, plaintiff cites no legal authority in the instant motion. See Fed. R. Civ. P. 7(b)(1)(B). And plaintiff's argument that continuing the asset freeze for 14 days will not prejudice defendant ignores defendant's contentions in prior briefing (renewed forcefully in its objections 88) that the asset freeze is vastly overbroad, freezing more than $6 million in defendant's assets even though sales of infringing products account for approximately $38,000 in gross revenue (the court implies no findings on the correctness of these figures). See Mem. Supp. Mot. to Dissolve 78, ECF No. 58; Decl. of Kevin McElroy ¶¶ 15, 20, ECF No. 59. Despite the serious problems with the instant motion, plaintiff represents that over the past seven days, one of its attorneys received a COVID-19 diagnosis and that the law firm representing plaintiff has also experienced a "confluence" of unexpected staffing difficulties described more fully in the motion. Mem. Supp. Ex Parte Mot. to Stay Dismissal 1, ECF No. 87-1. Based on these representations and in view of the ongoing serious harm defendant alleges the preliminary injunction is inflicting, good cause exists for only a short extension of plaintiff's deadline to move to stay the order of dissolution 86 dated 10/24/2024. See Fed. R. Civ. P. 6(b)(1)(A). Plaintiff's motion 87 to extend the stay of the dissolution order is therefore granted to and including 11/08/2024. Plaintiff's motion for reconsideration or motion for stay pending appeal is due by and including 11/07/2024. Defendant's response is due by and including 11/12/2024. Mailed notice
10/31/2024
OBJECTIONS to Plaintiff's Ex Parte MOTION TO STAY DISMISSAL AND DISSOLUTION OF PRELIMINARY INJUNCTION TO ALLOW FOR FILING OF BRIEF MOTION FOR RECONSIDERATION
附件：
1:Exhibit 1
2:Exhibit 2
10/24/2024
MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 10/24/2024. Mailed notice
10/24/2024
MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order. In accordance with the memorandum opinion and order, defendant's motion 74 to quash the subpoena dated 09/24/2024 is denied. Defendant's motion 57 to dissolve the preliminary injunction and to dismiss the second amended complaint for lack of personal jurisdiction is granted. As stated in the memorandum opinion and order, the order dissolving the preliminary injunction is stayed until and including 10/31/2024. If a motion to stay pending appeal has not been filed by that date, the preliminary injunction 48 dated 07/18/2024 will be dissolved effective 11/01/2024. Mailed notice
10/10/2024
REPLY by Defendant SHEWIN Flagship Shops to motion for miscellaneous relief 57, memorandum in opposition to motion 76
附件：
1:(Declaration Mu)
10/09/2024
REPLY by SHEWIN Flagship Shops to memorandum in opposition to motion[81]
10/04/2024
DECLARATION of Trevor W. Barrett regarding memorandum in opposition to motion 81 -- Declaration of Trevor W. Barrett in Support of Plaintiff's Opposition to Motion to Quash Subpoena
附件：
1:Exhibit 1 to Declaration of Trevor W. Barrett
2:Exhibit 2 to Declaration of Trevor W. Barrett
3:(Exhibit 3 to Declaration of Trevor W. Barrett)
10/04/2024
MEMORANDUM by Unicolors, Inc. in Opposition to motion to quash 74
10/04/2024
DECLARATION of Kevin T. McElroy regarding motion for miscellaneous relief 57
10/03/2024
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports [72] that settlement efforts are ongoing, but plaintiff and appearing defendant remain at issue. Once the pending motion to dissolve the preliminary injunction and to dismiss has been fully briefed, the motion will be taken under advisement. A further status deadline will be set, if necessary, with the court's ruling. Mailed notice
10/03/2024
DECLARATION of Trevor W. Barrett regarding memorandum in opposition to motion[76] -- Declaration of Trevor W. Barrett in Support of Plaintiff's Opposition to Motion to Dissolve or Modify the Preliminary Injunction and Motion to Dismiss
附件：
1:Exhibit 3 to Declaration of Trevor W. Barrett
2:Exhibit 4 to Declaration of Trevor W. Barrett
3:Exhibit 5 to Declaration of Trevor W. Barrett
10/03/2024
DECLARATION of Nader Pazirandeh regarding memorandum in opposition to motion[76] -- Declaration of Nader Pazirandeh in Support of Plaintiff's Opposition to Motion to Dissolve or Modify the Preliminary Injunction and Motion to Dismiss
附件：
1:Exhibit 1 to Declaration of Nader Pazirandeh
2:Exhibit 2 to Declaration of Nader Pazirandeh
10/03/2024
MEMORANDUM by Unicolors, Inc. in Opposition to motion for miscellaneous relief[57]
10/03/2024
MINUTE entry before the Honorable Joan B. Gottschall: Defendant has filed an emergency motion [74] to quash a third-party subpoena on the grounds that (1) the subpoena exceeds the scope of discovery authorized by the preliminary injunction and (2) the subpoena seeks production of appearing defendant's trade secrets. Based on the arguments made in defendant's motion, the subpoena in question is administratively stayed pending resolution of defendant's motion to quash. Plaintiff's response to defendant's motion [74] to quash is due by noon on 10/07/2024, and any reply is due on or before 10/09/2024. Mailed notice
10/02/2024
MOTION by Defendant SHEWIN Flagship Shops to quash Plaintiff's subpoena served on Amazon.com Inc. related to jurisdictional discovery
附件：
1:Exhibit 1
10/02/2024
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [71] for leave to file its 22-page response in opposition to defendant's pending motion to dismiss and dissolve preliminary injunction is granted. Plaintiff is instructed to file its response memorandum [71-1] as a separate entry on the docket on or before 10/03/2024. Mailed notice
10/02/2024
STATUS Report -- Amended Status Report by Unicolors, Inc.
09/30/2024
MOTION by Plaintiff Unicolors, Inc. for leave to file excess pages
附件：
1:Exhibit 1
09/27/2024
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 69 for leave to file a brief in excess of the 15-page limit set by Local Rule 7.1 is denied without prejudice as premature. Plaintiff does not provide a copy of its proposed response brief and does not indicate in its motion the length of its anticipated response brief. Plaintiff may renew its motion provided that it must attach a copy of its proposed response brief.Defendant's renewed 67 motion for leave to file the declaration of Kevin McElroy under seal is granted in part. Defendant represents that McElroy's declaration sets out "business operation cost such as pricing of goods, supplier cost, shipping cost, advertisement cost, and discount, which qualify as trade secret[s]." Based on those representations, defendant is instructed to redact narrowly the business operation cost information qualifying for trade secret protection and file a redacted version of McElroy's declaration on the public docket by and including 10/04/2024. Mailed notice
09/26/2024
MOTION by Plaintiff Unicolors, Inc. for leave to file excess pages
09/26/2024
SEALED DOCUMENT by Defendant SHEWIN Flagship Shops Declaration of Kevin T. McElroy
09/26/2024
MOTION by Defendant SHEWIN Flagship Shops for leave to file certain document under seal
09/24/2024
MINUTE entry before the Honorable Joan B. Gottschall: Appearing defendant represents [65] that one of its attorneys "reached out" to plaintiff on 09/20/2024 but received no response. As defendant proposes [65], any response to its motion [57] to dissolve the preliminary injunction is due by and including 10/03/2024, and any reply is due by and including 10/10/2024. Mailed notice
09/23/2024
Plan for Resolution of Motion to Dissolve PI [57] by SHEWIN Flagship Shops
09/19/2024
MINUTE entry before the Honorable Joan B. Gottschall: Counsel are instructed to confer regarding defendant's motion 57 to dissolve the preliminary injunction and to dismiss for lack of personal jurisdiction and propose a joint plan for resolution of the motion. The parties' proposed plan is due by noon on 09/23/2024. Mailed notice
09/19/2024
MINUTE entry before the Honorable Joan B. Gottschall: The justification plaintiff has given 60 for sealing the declaration 59 of KEVIN T. MCELROY consists of a single sentence: "This document contains proprietary and confidential business information, disclosure of which will unfairly prejudice Defendant." Seventh Circuit case law requires the court to make an independent determination that good cause to seal exists based on a sufficient record. See generally Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544, 54648 (7th Cir. 2002); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 94446 (7th Cir. 1999). Plaintiff's conclusory assertion does not demonstrate good cause because it does not specify whether the material sought to be sealed qualifies as a trade secret or is protected by a legally recognized privilege, whether common law or statutory. Furthermore, where sealing is justified, Seventh Circuit law requires redaction of the sealed material to the maximum feasible extent. See id. at 945. Because defendant has not demonstrated good cause, its motion 60 to seal is denied without prejudice. Defendant may refile its motion to seal on or before 09/26/2024. The clerk is instructed to maintain the McElroy declaration 59 under seal until and including 09/26/2024. If defendant timely refiles its motion to seal, the declaration 59 will remain sealed until the court decides the renewed motion to seal.Mailed notice
09/19/2024
MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion 61 for leave to exceed the Local Rule 7.1 page limit is granted. Defendant's memorandum 58 of law in support of its motion to dismiss and to dissolve the preliminary injunction is deemed filed with leave of court. Mailed notice
09/17/2024
MOTION by Defendant SHEWIN Flagship Shops for leave to file excess pages
09/17/2024
MOTION by Defendant SHEWIN Flagship Shops for leave to file Declaration of Kevin T. McElroy under seal
09/17/2024
SEALED DOCUMENT by Defendant SHEWIN Flagship Shops Declaration of Kevin T. McElroy
09/17/2024
MEMORANDUM motion for miscellaneous relief[57] by SHEWIN Flagship Shops
附件：
1:Exhibit 5
2:Declaration Xue
09/17/2024
MOTION by Defendant SHEWIN Flagship Shopsmotion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) and motion to vacate/modify the preliminary injunction order under Rule 65
09/13/2024
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports 55 that it is in active settlement discussions with appearing defendant. Defendant's answer deadline 54 of 09/19/2024 stands. The next status report is due on or before 10/03/2024. Mailed notice
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