2025-cv-00852 - 案件详情 - 61TRO案件查询网站

最近更新:2025-04-04
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2025-cv-00852 AI分析

XYZ Corporation v. The Partnerships Identified On Schedule A

日期 - 61TRO案件查询网站 日期:01/31/2025

法院 - 61TRO案件查询网站 法院:伊利诺伊州北区法院

品牌 - 61TRO案件查询网站 品牌:DCSTAR 呼吸急救装置

律所 - 61TRO案件查询网站 律所:SCIP

日期 描述
04/01/2025 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 4/1/2025.Mailed notice 翻译
04/01/2025 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 28 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk 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 in connection with entry of the TRO, 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 31 that it provided electronic notice to defendants of the pendency of this action and the motion, 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 Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 4/2/2025 is stricken. Summons was issued on 3/24/2025, and Defendants' responses to the complaint are due by 4/16/2025. Plaintiff should file any motion for entry of default and default judgment by 4/30/2025. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 5/7/2025 at 9:15 a.m.Mailed notice 翻译
03/26/2025 SUMMONS Returned Executed by DCSTAR Inc. as to The Partnerships Identified on Schedule A on 3/26/2025, answer due 4/16/2025. 翻译

附件:
1:(Exhibit 4)
2:Exhibit 3
3:Exhibit 2
4:Exhibit 1
5:Declaration of Service
03/26/2025 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 28 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 3/31/2025." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 3/31/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative preliminary injunction hearing is set for 4/2/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice. 翻译
03/26/2025 MEMORANDUM by DCSTAR Inc. in support of motion for preliminary injunction 28 翻译
03/26/2025 MOTION by Plaintiff DCSTAR Inc. for preliminary injunction 翻译
03/24/2025 SUMMONS Issued (Court Participant) as to Defendant The Partnerships Identified on Schedule A 翻译
03/11/2025 SURETY BOND in the amount of $ 5,000.00 posted by DCSTAR Inc. 翻译
03/12/2025 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 22 is granted. For the reasons stated in Plaintiff's Memorandum 23, the Court finds good cause to extend the temporary restraining order an additional 14 days to 4/2/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 3/26/2025. Telephone status hearing set for 3/19/2025 is stricken and reset to 4/2/2025 at 9:15 a.m. Mailed notice 翻译
03/12/2025 MEMORANDUM by DCSTAR Inc. in support of extension of time 22 翻译

附件:
1:(Declaration in Support of Motion)
03/12/2025 MOTION by Plaintiff DCSTAR Inc. for extension of time for temporary restraining order 翻译
03/07/2025 SECOND AMENDED complaint by DCSTAR Inc. against The Partnerships Identified on Schedule A 翻译

附件:
1:(Exhibit 1)
03/07/2025 NEW PARTIES: DCSTAR Inc. added to case caption. Terminating XYZ Corporation 翻译
03/05/2025 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 3/5/2025. Mailed notice 翻译
03/05/2025 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave 11 is granted as to the request to file documents under seal and denied as to the request to proceed under a pseudonym, ex parte motion for a temporary restraining order, a temporary asset restraint, and expedited discovery 14 is granted, and motion for electronic service of process 16 is granted. Exceptional circumstances have not been shown to proceed anonymously. See Fed. R. Civ. P. 10(a) ("The title of the complaint must name all the parties[.]"); Doe v. Village of Deerfield, 189 F.3d 372, 377 (7th Cir. 2016) ("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."); XYZ Corp. v. Partn. & Unincorporated Ass'ns Identified on Schedule A, 2022 WL 180151, at *2 (N.D. Ill. Jan. 20, 2022) ("There is insufficient evidence. that Schedule A defendants are taking advantage of the case-tracking option to such an extent that it is materially impeding brand owners' enforcement efforts."); XYZ Corp. v. Partn. & Unincorporated Ass'ns Identified on Schedule A, 2020 WL 6681360, at *1 (N.D. Ill. Nov. 12, 2020) ("No-name litigation is the rare exception, not the Rule."). Accordingly, by 3/7/2025, Plaintiff shall file a second amended complaint that lists Plaintiff's true name. Moreover, 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. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. Further, the evidence submitted by plaintiff shows 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 counterfeit products, 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 11:15 a.m. on 3/5/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 3/12/2025. Telephone status hearing is set for 3/19/2025 at 9:15 a.m. Finally, the notice of presentment 18 is stricken as the Court does not require the filing of a separate notice of presentment. See the Court's web page (Civil "[m]otions should not be noticed for presentment."). Mailed notice 翻译
03/03/2025 NOTICE of Motion by John Joseph Mariane, IV for presentment of motion for leave to file 11, Sealed motion 14, motion for miscellaneous relief 16 before Honorable Sunil R. Harjani on 3/11/2025 at 09:45 AM. 翻译
03/03/2025 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief 16 翻译

附件:
1:Declaration of Ann Marie Sullivan
2:(Exhibit 1)
03/03/2025 MOTION by Plaintiff XYZ Corporation Electronic Service of Process 翻译
03/03/2025 SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion 14 翻译

附件:
1:(Exhibit 2)
2:Exhibit 1
3:Declaration in Support of Motion
03/03/2025 SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order 翻译
03/03/2025 SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates 翻译
03/03/2025 MEMORANDUM by XYZ Corporation in support of motion for leave to file 11 翻译

附件:
1:(Exhibit 3)
2:Exhibit 2
3:Exhibit 1
4:Declaration of Sandy Zhuang
5:Declaration of Ann Marie Sullivan
03/03/2025 MOTION by Plaintiff XYZ Corporation for leave to file certain documents under seal and to temporarily proceed under pseudonym 翻译
02/27/2025 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Complaint 翻译

附件:
1:(Exhibit 2 - Schedule A)
2:Exhibit 1
02/27/2025 (REDACTED) AMENDED complaint by XYZ Corporation against The Partnerships Identified on Schedule A 翻译
02/12/2025 ATTORNEY Appearance for Plaintiff XYZ Corporation by Gouthami Vanam Tufts 翻译
02/11/2025 ATTORNEY Appearance for Plaintiff XYZ Corporation by John Joseph Mariane, IV 翻译
02/03/2025 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
02/03/2025 CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3). 翻译
02/03/2025 MAILED Copyright report to Registrar, Washington DC 翻译
02/03/2025 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
02/03/2025 CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 3). 翻译
02/01/2025 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) 翻译
01/31/2025 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter 翻译
01/31/2025 CIVIL Cover Sheet 翻译
01/31/2025 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted) 翻译

附件:
1:(Exhibit 2 - Schedule A)
2:Exhibit 1
01/31/2025 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-23033059. 翻译

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