2024-cv-12480 AI分析
03/26/2025
MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to Plaintiff's notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice. All pending motions and deadlines are stricken as moot. Civil case terminated. Mailed notice. 翻译
03/20/2025
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant 翻译
03/06/2025
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant Yuan Meng's (Meng) motion for relief 58. In this motion, Meng indicates that he is in fact a sole proprietor, which would allow him to proceed pro se. See United States v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008) ("A sole proprietorship may litigate pro se because it has no legal identity separate from the proprietor himself.") (cleaned up). Meng also requests that this Court stay its review of Plaintiff's motion for default and default judgment until 03/17/2025 so that the parties can explore settlement. The Court grants Meng's motion 58. If the parties are unable to reach a settlement and Meng wishes to proceed pro se in this matter, by 03/17/2025, Meng shall file an affidavit detailing his business structure and establishing that he indeed is a sole proprietor. See Bledsoe v. State Farm Fire & Cas. Co., 2005 WL 2491577, at *4 (S.D. Ind. Oct. 7, 2005) ("A sole proprietorship is a business in which one person owns all the assets, owes all the liabilities, and operates in his or her personal capacity.") (cleaned up) The Court will issue an appropriate order upon review of Meng's affidavit. Additionally, for the reasons stated in 57, the Court enters and continues Plaintiff's motion for preliminary injunction 44. If Meng should fail to file an affidavit by 03/17/2025, the Court will consider Plaintiff's motion for preliminary injunction and motion for default and default judgment. Mailed notice. 翻译
03/01/2025
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiffs' motion for entry of default and default judgment [54]. Given Defendant's pro se appearance in this matter, the Court enters and continues Plaintiff's motion. Defendant has until 03/14/2025 to retain counsel and file an appearance in this case. If Defendant fails to do so, the Court will consider Plaintiff's motion. Mailed notice. 翻译
02/28/2025
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[55] 翻译
附件：
1:Exhibit 1
02/28/2025
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, [54] 翻译
02/28/2025
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to Yicmeid 翻译
附件：
1:Exhibit A
02/25/2025
STATUS Report Pursuant to 48 by Spin Master Ltd., Spin Master Toys UK Limited 翻译
附件：
1:(Exhibit A)
02/24/2025
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion to strike Defendant Yicmeid's response [51] is granted. To properly submit filings before the Court, Defendant Yicmeid must obtain counsel, as a corporation cannot appear in court pro se or be represented by a non-lawyer. Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."). Accordingly, the Court strikes Defendant's response [50] to Plaintiff's motion for preliminary injunction [44]. For the Court to consider Defendant's objection to Plaintiff's motion, Defendant must file a response through counsel. Mailed notice. 翻译
02/24/2025
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to strike Response[50] or in the alternative, Compel Defendant to Obtain U.S. Counsel 翻译
附件：
1:Exhibit A
02/21/2025
RESPONSE by Defendant Store Yicmeid to motion for preliminary injunction[44] (Received via Box.com 2/21/25) 翻译
02/11/2025
CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited regarding set deadlines, 48 翻译
附件：
1:(Exhibit A)(Tsai, Yu Hin)
02/10/2025
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for entry of a preliminary injunction [44]. The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if Defendant does not appear and object by or before 02/24/2025. If no objection is filed by that date, the Court will consider the motion unopposed. Plaintiff is directed to file a status report on 02/25/2025 as to whether the preliminary injunction is opposed. Plaintiff must serve this minute order upon Defendant within one business day of its entry on the docket and must file proof of that service within two business days after service. Mailed notice. 翻译
02/05/2025
SUMMONS Returned Executed by Spin Master Ltd., Spin Master Toys UK Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/5/2025, answer due 2/26/2025. 翻译
附件：
1:Exhibit A
2:Declaration of Y. Jeffrey Tsai
02/05/2025
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction[44] 翻译
02/05/2025
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction 翻译
附件：
1:Exhibit A
01/28/2025
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
01/23/2025
SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 1/23/2025. Mailed notice. 翻译
01/23/2025
MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's ex parte motion for a temporary restraining order and expedited discovery [33] and motion for electronic service of process [38]. Provided that Plaintiffs provide the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on 01/27/2025 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Plaintiffs are advised that the language of any future proposed orders must reflect the number of defendants listed in Amended Schedule A [32]. Pow! Ent., LLC v. Individuals, Corps., Ltd. Liab. Companies, Partnerships, & Unincorporated Associations Identified On Schedule A Hereto, 2020 WL 5076715, at *3 (N.D. Ill. Aug. 26, 2020) ("If counsel wishes to avoid the summary denial of future motions. orders must be submitted in signature-ready form."). Enter Order. Mailed notice. 翻译
01/10/2025
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief 38 翻译
01/10/2025
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
01/10/2025
SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Part 1 regarding declaration 36 翻译
附件：
1:(Exhibit 2-1)
01/10/2025
DECLARATION of Susanne Teixeira regarding memorandum in support of motion 34 翻译
附件：
1:(Exhibit 1)
01/10/2025
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order 33 翻译
01/10/2025
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
01/10/2025
SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Amended Schedule A regarding amended complaint 31 翻译
01/10/2025
AMENDED complaint by Spin Master Ltd., Spin Master Toys UK Limited against The Partnerships and Unincorporated Associations Identified on Schedule A 翻译
附件：
1:(Exhibit 1)
01/08/2025
MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiffs' motion for reconsideration of this Court's order [26]. "Motions for reconsideration serve a limited function: to correct manifest errors of law or fact or to present newly discovered evidence." Caisse Nationale de Credit Agricole v. CBI Indus., Inc., 90 F.3d 1264, 1269 (7th Cir. 1996). And the "[d]isposition of a motion for reconsideration is left to the discretion of the district court." Id. at 1270 (7th Cir. 1996); see also Gordon v. Caribbean Cruise Line, Inc., 2020 WL 13506297, at *1 (N.D. Ill. Jan. 22, 2020) ("District courts enjoy broad discretion to entertain motions to reconsider prior decisions."). As a threshold issue, the Court must determine whether Plaintiffs have identified newly discovered evidence or a manifest error of law or fact within the Court's order [25]. Plaintiffs argue the Court should reconsider its prior order denying Plaintiffs' motion to seal and for an asset restraint because (1) the Court is authorized to order an asset restraint and (2) Plaintiffs are seeking equitable relief through the disgorgement of Defendants' profits. Mot. at 5. Plaintiffs also argue the Court has authority to transfer funds that are restrained post-judgment, even if Plaintiffs have not yet decided on damages. Id. at 8. In the alternative to a total restraint on accounts tied to Defendants' e-commerce stores, Plaintiffs ask the Court to authorize an asset restraint limited to the assets attributable to Defendants' infringing conduct. Id. at 9. Plaintiffs do not purport to submit newly discovered evidence as a basis for reconsideration. Thus, the Court understands Plaintiffs' argument to be that the Court's decision denying the motion to seal and asset restraint was a manifest error of law or fact. As the Court stated in its Order, in its experience with myriad Schedule A cases, although Plaintiffs almost always request equitable relief as a possible remedy, in almost every Schedule A case, Plaintiffs end up requesting statutory damages at the end of the case. Order at 4-5. But Plaintiffs have done enough, if barely, in their motion to reconsider to convince the Court that, because Plaintiffs do seek an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), an asset freeze is warranted. See, e.g., Deckers Outdoor Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, 2013 WL 12314399, at *2 (N.D. Ill. Oct. 31, 2013). As the Deckers court noted, "where equitable relief is sought, the appropriate scope of prejudgment restraint must be limited only to what is reasonably necessary to secure the (future) equitable relief"here, that would be the amount of Defendants' profits resulting from its alleged counterfeit sales. Id. Since Defendants have not yet appeared, Plaintiffs have no discovery, so it is difficult, if not impossible, for Plaintiffs to know Defendants' profits. Therefore, the Court will adopt Plaintiffs' alternative proposal to restrain and enjoin any such accounts or funds from transferring or disposing of money or other of Defendants' assets that are traceable to the proceeds of sales of products using infringing and counterfeit versions of Plaintiffs' federally registered trademarks (Counterfeit Products) until further order of this Court, or the expiration of this Order, whichever is earlier. Upon a showing that restrained assets are not attributable to the sale of Counterfeit Products, the Court will modify the asset restraint. See Mot. at 10. However, the Court acknowledges that, due to the lack of discovery at this stage, the restraint will function as a complete asset restraint. Given the asset-restraint goal, and for the reasons described herein, the Court grants Plaintiff's motion to reconsider [26] and provisionally grants the motion for leave to file under seal [3]. However, for the reasons described in the accompanying Order, the Court dismisses Plaintiff's complaint without prejudice for misjoinder. Plaintiff has until 01/21/2025 to file an amended complaint naming one defendant or a group of properly joined defendants. If the latter, Plaintiff must also file a memorandum explaining why joinder of those defendants is proper. The Court denies all other pending motions [14], [19], and [27], as moot. Mailed notice. 翻译
12/20/2024
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 12/20/2024: Mailed notice. 翻译
12/11/2024
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for extension of time to Comply with Order 25 翻译
12/11/2024
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for reconsideration regarding order 25 翻译
12/10/2024
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for leave to file under seal [3]. Plaintiff asks this Court for leave to file under seal the list of Defendants identified in "Schedule A" to the Complaint (which lists the online seller names and their URLs). Plaintiff also asks this Court to seal related material supporting the request for a temporary restraining order. For the reasons set forth in the accompanying order, the Court denies the motion [3]. On or before 12/17/2024, Plaintiff is directed to file the provisionally sealed documents [2] and [18] publicly on the docket and to add ALL Defendant names listed in the Schedule A to the docket. Alternatively, Plaintiff may file a notice of dismissal. Mailed notice. 翻译
12/09/2024
DECLARATION of Justin R. Gaudio regarding memorandum[22] 翻译
附件：
1:Exhibit 8
2:Exhibit 7
3:Exhibit 6
4:Exhibit 5
5:Exhibit 4
6:Exhibit 2
7:Exhibit 3
8:Exhibit 1
12/09/2024
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited Establishing that Joinder is Proper 翻译
12/09/2024
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief[19] 翻译
12/09/2024
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译
12/09/2024
SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Parts 1-2 regarding declaration[17] 翻译
12/09/2024
DECLARATION of Susanne Teixeira regarding memorandum in support of motion[15] 翻译
附件：
1:Exhibit 1
12/09/2024
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order[14] 翻译
12/09/2024
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 翻译
12/06/2024
MINUTE entry before the Executive Committee: Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice. 翻译
12/05/2024
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
12/05/2024
CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). 翻译
12/04/2024
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Yu Hin Jeffrey Tsai (Tsai, Yu Hin) 翻译
12/04/2024
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami 翻译
12/04/2024
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler 翻译
12/04/2024
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio 翻译
12/04/2024
Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited 翻译
12/04/2024
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited 翻译
12/04/2024
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal 翻译
12/04/2024
SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint[1] 翻译
12/04/2024
COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 405, receipt number AILNDC-22801075. 翻译
附件：
1:Exhibit 1
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