2024-cv-05528 AI分析
02/04/2025
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal, 27. This case is hereby dismissed without prejudice. See Fed.R.Civ.P. 41(a)(1)(A)(i). Civil case terminated. 翻译
01/17/2025
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, 23, is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). 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. To the extent that the motion requests service of process of any temporary restraining order in this case, service is not necessary because this court has already denied the motion for a TRO. 25. 翻译
01/17/2025
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for leave to file under seal, 24, and for a temporary restraining order and for expedited discovery, 19, are denied. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. See 24. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Because the court denies the motion for a temporary restraining order, there is no reason to seal plaintiff's filings pending such relief. Plaintiff's motions for leave to file under seal, 24, and for a temporary restraining order, 19, are therefore denied. Plaintiff's sealed documents, 21, 22, are stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. 翻译
12/10/2024
NEW PARTIES: ZHEJIANG CFMOTO POWER CO., LTD. added to case caption. Terminating Trademark Rightsholder Identified in Exhibit 1 翻译
12/10/2024
MOTION by Plaintiff ZHEJIANG CFMOTO POWER CO., LTD.Electronic Service of Process Pursuant to FRCP 4(f)(3) 翻译
附件：
1:(Exhibit 2 of Hua's Declaration)
2:Exhibit 1 of Hua's Declaration
3:Declaration of Zhiwei Hua in Support of Motion for Electronic Service
12/10/2024
SEALED EXHIBIT by Plaintiff ZHEJIANG CFMOTO POWER CO., LTD. plaintiff declaration regarding MOTION by Plaintiff ZHEJIANG CFMOTO POWER CO., LTD. for temporary restraining order and expedited discovery 19 翻译
附件：
1:(Exhibit Schedule B part 3)
2:Exhibit Schedule B part 2
3:Exhibit Schedule B part 1
4:Exhibit 3 to Declaration
5:Exhibit 2 to Declaration
6:Exhibit 1 to Declaration
12/10/2024
DECLARATION of ZHIWEI HUA regarding motion for temporary restraining order 19 and expedited discovery 翻译
附件：
1:(Exhibit 5 to Declaration)
2:Exhibit 4 to Declaration
3:Exhibit 3 to Declaration
4:Exhibit 2 to Declaration
5:Exhibit 1 to Declaration
12/10/2024
MOTION by Plaintiff ZHEJIANG CFMOTO POWER CO., LTD. for temporary restraining order and expedited discovery 翻译
12/10/2024
AMENDED complaint by ZHEJIANG CFMOTO POWER CO., LTD. against The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
12/10/2024
NEW PARTIES: ZHEJIANG CFMOTO POWER CO., LTD. added to case caption. Terminating Trademark Rightsholder Identified in Exhibit 1 翻译
11/12/2024
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file certain documents under seal and to proceed under a pseudonym, 13, is granted in part and denied in part. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested temporary restraining order, 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. 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). Plaintiff has until 12/10/2024 to decide whether it wishes to proceed with this lawsuit under its own name and, if so, file an amended complaint disclosing its name and asserted trademarks. The other pending motions, 7, 12, 16, are denied without prejudice to refiling after plaintiff decides whether it wishes to proceed under its own name. Mailed notice. (jn,) 翻译
10/22/2024
MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 for hearing re MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 for temporary restraining order and expedited discovery 7 翻译
07/31/2024
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of motion, 14. The notice and associated hearing are stricken. The court's motion procedures, which are posted on the court's website, do not permit the noticing of motions at this time. The court has taken plaintiff's motions, 7, 12, 13, under advisement. 翻译
07/29/2024
NOTICE of Motion by Zhiwei Hua for presentment of motion for miscellaneous relief, 12, motion for temporary restraining order 7, motion for leave to file 13 before Honorable Martha M. Pacold on 8/1/2024 at 09:30 AM. 翻译
07/29/2024
MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 for leave to file under seal and to proceed under a pseudonym 翻译
07/29/2024
MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 electronic service of process pursuant to FRCP 4(f)(3) 翻译
附件：
1:Declaration of Qin Li in Support of Motion for Electronic Service
2:Exhibit 1 of Declaration of Li
3:(Exhibit 2 of Declaration of Li)
07/29/2024
SEALED EXHIBIT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 plaintiff declaration regarding MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 for temporary restraining order and expedited discovery 7 翻译
附件：
1:Exhibit Exhibit 1 to Declaration
2:Exhibit Exhibit 2 to Declaration
3:Exhibit Exhibit 3 to Declaration
4:Exhibit Schedule B part 1
5:Exhibit Schedule B part 2
6:(Exhibit Schedule B part 3)
07/26/2024
SEALED DOCUMENT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 Declaration of Plaintiff in Support of Motion for TRO and Expedited Discovery 翻译
07/26/2024
DECLARATION of Qin Li regarding motion for temporary restraining order 7 and expedited discovery 翻译
附件：
1:Exhibit to Declaration of Attorney
2:Exhibit to Declaration of Attorney
3:Exhibit to Declaration of Attorney
4:Exhibit to Declaration of Attorney
5:(Exhibit to Declaration of Attorney)
07/26/2024
ATTORNEY Appearance for Plaintiff Trademark Rightsholder Identified in Exhibit 1 by Zhiwei Hua 翻译
07/26/2024
MOTION by Plaintiff Trademark Rightsholder Identified in Exhibit 1 for temporary restraining order and expedited discovery 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 Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). 翻译
07/03/2024
ATTORNEY Appearance for Plaintiff Trademark Rightsholder Identified in Exhibit 1 by Qin Li 翻译
07/03/2024
SEALED DOCUMENT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 Genuine Listing 翻译
07/03/2024
SEALED DOCUMENT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 Schedule A 翻译
07/03/2024
SEALED DOCUMENT by Plaintiff Trademark Rightsholder Identified in Exhibit 1 trademark registration 翻译
07/03/2024
COMPLAINT filed by Trademark Rightsholder Identified in Exhibit 1; Filing fee $ 405, receipt number AILNDC-22207936. 翻译
附件：
1:Exhibit trademark registration
2:(Exhibit Schedule A)
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