2024-cv-00609 AI分析
05/15/2024
FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 5/15/2024. Mailed notice
05/15/2024
MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 37 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 copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $15,000 is an appropriate award of statutory damages. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiff or its counsel, Keith Vogt, Ltd., 33 W Jackson Blvd, #2W, Chicago, Illinois, 60604. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice
04/11/2024
MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Plaintiff's Motion for Entry of Default Judgment Against the Defendants Identified in Third Amended Schedule A is taken under advisement. The Court will issue a ruling via CM/ECF. Mailed notice
04/03/2024
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no.1 BDNXTV(8-15 days delivery) and no.5 YATGAO
04/02/2024
EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's criminal case assignment system ninety (90) days so that Judge Harjani shall thereafter receive a full share of such cases. Case reassigned to the Honorable Sunil R. Harjani for all further proceedings. Honorable LaShonda A. Hunt no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.
03/27/2024
CERTIFICATE of Service by Plaintiff Rafael Marcio Melillo Bastos regarding set motion and R&R deadlines/hearings, terminate hearings, 41
03/26/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 37 against the remaining defendants identified in Second Amended Schedule A 21. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Second Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 4/2/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 4/3/24. Emailed notice.
03/22/2024
NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 3 Duanmuci
03/20/2024
NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment, 37 before Honorable LaShonda A. Hunt on 4/3/2024 at 10:00 AM.
03/20/2024
MEMORANDUM by Rafael Marcio Melillo Bastos in support of motion for default judgment, 37
附件：
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
03/20/2024
MOTION by Plaintiff Rafael Marcio Melillo Bastos for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A
附件：
1:(Exhibit 1)
03/07/2024
NEW PARTIES: Fhwiwoehgwohg, Duanmuci, HZMSYQ, YATGAO, shanzshanmsh, zhen1991HN, Defendant 1, Defendant 6 and Defendant 8 added to case caption.
03/07/2024
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 35. Summons were issued on 2/20/24, and Defendants' responses to the complaint are due by 3/19/24 31. By 4/19/24, 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.
03/07/2024
PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/7/2024. Emailed notice.
03/07/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Defendants failed to appear. Before the Court is Plaintiff's [corrected] motion for a preliminary injunction 28, which the Court now considers unopposed because no Defendant filed a notice of objection by the 3/6/24 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 24 25, 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 33 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. Plaintiff's counsel is directed to ensure that all defendants listed on Second Amended Schedule A 21 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.
02/28/2024
CERTIFICATE of Service by Plaintiff Rafael Marcio Melillo Bastos regarding order on motion for preliminary injunction, terminate hearings, terminate motions, set motion and R&R deadlines/hearings, 32
02/28/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's [Corrected] Motion for Preliminary Injunction 28 is taken under advisement. A telephonic motion hearing is set for 3/7/24 at 9:45 AM. 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 3/6/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering 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 3/5/24. Plaintiff's Motion for Entry of a Preliminary Injunction 27 is terminated as moot. Emailed notice.
02/27/2024
MOTION by Plaintiff Rafael Marcio Melillo Bastos for preliminary injunction [Corrected] Plaintiff's Motion for Entry of a Preliminary Injunction
02/27/2024
MOTION by Plaintiff Rafael Marcio Melillo Bastos for preliminary injunction
02/20/2024
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
02/20/2024
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/20/2024. Emailed to Plaintiff's counsel.
02/20/2024
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 service of process by email and/or electronic publication 15 is granted as follows. 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. Enter Sealed Temporary Restraining Order. Emailed notice.
02/14/2024
SEALED EXHIBIT by Plaintiff Rafael Marcio Melillo Bastos Amended Sealed Exhibit 2, Declaration of Rafael Marcio Melillo Bastos regarding exhibit 17, memorandum in support of motion, 16, declaration 22
附件：
1:(Exhibit 2-1)
02/14/2024
DECLARATION of Keith A. Vogt regarding sealed document 21, order on motion for exparte, text entry, 20
附件：
1:(Exhibit 1, Declaration of Keith A. Vogt)
02/14/2024
SEALED DOCUMENT by Plaintiff Rafael Marcio Melillo Bastos Second Amended Schedule A to Complaint 1 and Schedule A to Complaint 2 and Amended Schedule A to Complaint 12
02/02/2024
MINUTE entry before the Honorable LaShonda A. Hunt: After reviewing the complaint 1 and noting that Plaintiff names 40 defendants in this single case 12 and seeks ex parte TRO relief against each of them 15, 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 2/14/24, 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 Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal a second 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 second amended Schedule A. The motion for a TRO 15 will remain under advisement until the joinder issue is resolved. Emailed notice.
01/29/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 13 and motion for leave to exceed page limitation 14 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 15 is taken under advisement. No appearance is necessary on 1/31/24. Emailed notice.
01/26/2024
MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file excess pages
01/26/2024
MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file under seal
01/24/2024
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Christopher Romero
01/24/2024
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Monica Rita Martin
01/24/2024
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Cameron Eugene Mcintyre
01/24/2024
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Adam Grodman
01/24/2024
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yi Bu
01/24/2024
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yanling Jiang
01/24/2024
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.
01/24/2024
CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3).
01/24/2024
MAILED copyright report to Registrar, Washington DC
01/23/2024
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Keith A. Vogt
01/23/2024
CIVIL Cover Sheet
01/23/2024
SEALED DOCUMENT by Plaintiff Rafael Marcio Melillo Bastos Schedule A to Complaint 1
01/23/2024
COMPLAINT filed by Rafael Marcio Melillo Bastos; Filing fee $ 405, receipt number AILNDC-21559608.
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
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