2023-cv-08185 AI分析
12/05/2023
MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a "Notice of Voluntary Dismissal" [35]. Because the Notice was filed before the opposing parties served either an answer or a motion for summary judgment, the case is dismissed with prejudice consistent with the terms of the Notice and by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Each party is to bear its own fees and costs. The temporary restraining order [32] is dissolved. Plaintiff's motion [34] to extend the temporary restraining order is dismissed as moot. Civil case terminated. Mailed notice. 翻译
11/29/2023
MOTION by Plaintiff Shenzhen Saikexing Technology Co., Ltd. for extension of time Motion to Extend Sealed Temporary Restraining Order 翻译
11/29/2023
SURETY BOND in the amount of $ 10,000.00 posted by Shenzhen Saikexing Technology Co., Ltd. (Document not imaged) 翻译
11/20/2023
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 11/20/2023 翻译
11/20/2023
MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order 5 and motion for electronic service of process 18 are granted. Plaintiff's submissions (e.g., Dkt. 7) 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, the Temporary Restraining Order being entered along with this minute order shall be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's patented works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 infringing goods, 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. As several judges have previously noted, there may be reason to question the propriety of joining all Defendants in this one action, but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity to justify the requested relief as to all Defendants. The disabling of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice 翻译
09/14/2023
MINUTE entry before the Honorable John F. Kness: Plaintiff's corrected motion for reconsideration 27 is denied. See Dkt. 28. Mailed notice 翻译
09/14/2023
MINUTE entry before the Honorable John F. Kness:Plaintiff's motion for reconsideration 26 is denied for the reasons previously provided by the Court. See Dkt. 25. The filing at Dkt. [4-4] may remain under seal for the reasons noted by Plaintiff. Mailed notice 翻译
09/14/2023
MOTION by Plaintiff John Doe Corrected Motion for Reconsideration of the Court's September 13, 2023, Order (Dkt. 25) 翻译
附件：
1:(Exhibit A)
09/14/2023
MOTION by Plaintiff John Doe for reconsideration regarding order on motion for miscellaneous relief, order on motion to seal document, terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, 25 翻译
09/13/2023
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion 16 for leave to proceed anonymously is denied. 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. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff's ex parte motion for preliminary injunctive relief will be adjudicated promptly, and the identity of Defendants 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). Accordingly, Plaintiff's motion proceed anonymously is denied. For the same reasons, Plaintiff's motion 20 for leave to file certain documents under seal is granted in part and denied in part. Subject to unsealing at an appropriate time, Plaintiff may for now file the documents appearing at docket entries 3, 5 through 15, and 22 through 24 under seal. Plaintiff's request to file the documents appearing at docket entries 2 and 4 is denied. All other pending motions will be addressed by separate order. Mailed notice 翻译
09/13/2023
SEALED DOCUMENT by Plaintiff John Doe Declaration in Support of Amended Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery 翻译
附件：
1:Exhibit 1
2:Exhibit 2A
3:Exhibit 2B
4:Exhibit 2C
5:Exhibit 2D
6:Exhibit 2E
7:Exhibit 2F
8:Exhibit 2G
9:(Exhibit 2H)
09/13/2023
SEALED DOCUMENT by Plaintiff John Doe Memorandum in Support of Amended Ex Parte Motion for Entry of Temporary Restraining Order 翻译
09/13/2023
SEALED DOCUMENT by Plaintiff John Doe Amended Ex Parte Motion for Entry of Temporary Restraining Order 翻译
09/11/2023
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
09/11/2023
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. 翻译
09/08/2023
MOTION by Plaintiff John Doe to seal document sealed document 9, sealed document 14, SEALED MOTION by Plaintiff John Doe Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery 5, sealed document 4, sealed document 6, sealed document 8, sealed document 7, sealed document 12, sealed document 13, sealed document 2, sealed document 11, sealed document 15, sealed document 10, sealed document 3 翻译
09/08/2023
SEALED DOCUMENT by Plaintiff John Doe Declaration in Support of Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery 翻译
附件：
1:(Exhibit 1)
09/08/2023
SEALED DOCUMENT by Plaintiff John Doe Memorandum in Support of Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery 翻译
09/08/2023
SEALED MOTION by Plaintiff John Doe Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery 翻译
09/08/2023
SEALED DOCUMENT by Plaintiff John Doe Amended Complaint 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Supplement A)
09/08/2023
COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 402, receipt number AILNDC-21029748. 翻译
附件：
1:Exhibit 2
2:(Exhibit 3)
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