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2024-cv-09064 AI分析
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01/15/2025 | DEFAULT JUDGMENT ORDER. Signed by the Honorable Georgia N Alexakis on 1/15/25. 翻译
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01/15/2025 | MINUTE entry before the Honorable Georgia N Alexakis:The defaulting Defendant has not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 34 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 intellectual property irreparably harms Plaintiff and confuses the public. This infringement was willful, and statutory damages are awarded. Plaintiff has requested statutory damages in $150,000 for the defaulting Defendant. Although the amount Plaintiff requests is permissible under the law, the Court believes it is excessive given the facts presented and will exercise its discretion to reduce the amount. See Chi-Boy Music v. Charlie Club, Inc., 930 F.2d 1224, 1229 (7th Cir. 1991). Given the nature and price-point of the product at issue, the absence of any evidence from plaintiff regarding defendant's sales figures despite plaintiff's ability to conduct expedited discovery of third-party platforms 22, the absence of any concrete evidence of lost profits or high-volume infringement from the defaulting Defendant, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $25,000 is an appropriate award of statutory damages against the defaulting Defendant. By 1/16/25, plaintiff is directed to submit a modified version of the final judgment order it previously submitted to the Court. No appearance required on 1/16/25. 翻译
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01/07/2025 | CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译
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01/07/2025 | MINUTE entry before the Honorable Georgia N Alexakis: Any objections to plaintiff's motion for entry of default and for default judgment must be filed on or before 1/14/25. 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. The Court re-sets the hearing on plaintiff's motion to 1/16/25 at 9:30 a.m. 翻译
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01/06/2025 | CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译
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01/06/2025 | NOTICE of Motion by Ge Lei for presentment of motion for entry of default, motion for default judgment[34] before Honorable Georgia N Alexakis on 1/13/2025 at 09:30 AM. 翻译
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01/06/2025 | MOTION by Plaintiff Wenjie Xie for entry of default, MOTION by Plaintiff Wenjie Xie for default judgment as to Defaulting Defendants 翻译
附件: 1:Supplement 2:Exhibit 3:Exhibit |
01/06/2025 | STATUS Report by Wenjie Xie 翻译
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12/27/2024 | 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 12/27/2024: Mailed notice. 翻译
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12/06/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Georgia N Alexakis on 12/6/24. 翻译
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12/06/2024 | MINUTE entry before the Honorable Georgia N Alexakis:The Court, on its own initiative, vacates the 12/10/24 initial status hearing in this matter [5]. 翻译
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12/05/2024 | NEW PARTIES: FUFUDDK clearance sale added to case caption. 翻译
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12/05/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 12/5/24. For the reasons stated on the record and reflected in plaintiff's motion, plaintiff's motion for entry of a preliminary injunction [25] is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 12/6/24 each defendant named in the amended Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Plaintiff is directed to submit a status report on or before 1/6/25 proposing next steps in this matter. If a defendant has entered an appearance by that time, the status report should be jointly prepared by the parties. 翻译
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12/03/2024 | CERTIFICATE of Service by Plaintiff Wenjie Xie 翻译
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12/03/2024 | SUMMONS Returned Executed by Wenjie Xie as to The Entities and Individuals Identified in Annex A on 12/3/2024, answer due 12/24/2024. 翻译
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12/02/2024 | BOND in the amount of $1,000.00 cashier's check, Receipt No. 100013739, posted by Wenjie Xie 翻译
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12/02/2024 | NOTICE of Motion by Ge Lei for presentment of motion for preliminary injunction[25] before Honorable Georgia N Alexakis on 12/5/2024 at 09:30 AM. 翻译
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12/02/2024 | MOTION by Plaintiff Wenjie Xie for preliminary injunction 翻译
附件: 1:Supplement 2:Declaration 3:Declaration 4:Exhibit |
12/02/2024 | MINUTE entry before the Honorable Georgia N Alexakis: The Court received a telephone call from Plaintiff's counsel, the 12/3/24 status report deadline is vacated. 翻译
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11/22/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Georgia N Alexakis on 11/22/24. 翻译
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11/22/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for alternative service [19], motion to seal [20], and ex parte motion for a temporary restraining order [18] are granted. No appearance is necessary on 11/25/24. 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. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will take a fresh look at issues related to the asset freeze, joinder, and personal jurisdiction. The Court finds that security in the amount of $1,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. 翻译
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11/19/2024 | NOTICE of Motion by Ge Lei for presentment of motion to seal[20], Sealed motion, [18], motion for miscellaneous relief[19] before Honorable Georgia N Alexakis on 11/25/2024 at 09:30 AM. 翻译
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11/19/2024 | MOTION by Plaintiff Wenjie Xie to seal documents 翻译
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11/19/2024 | MOTION by Plaintiff Wenjie Xie for Alternative Service 翻译
附件: 1:Supplement 2:Exhibit 3:Exhibit 4:Exhibit 5:Exhibit |
11/19/2024 | SEALED MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery 翻译
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11/19/2024 | SEALED DOCUMENT by Plaintiff Wenjie Xie Amended Complaint 翻译
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11/14/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 11/14/24. No defendants present. Plaintiff's motion for alternative service [8] [12] is denied, without prejudice to renewal. Plaintiff's motion for a temporary restraining order [7] is denied, without prejudice to renewal. For the reasons reflected on the record, the Court finds that, based on the record before it, defendants in this matter have not been properly joined under Federal Rule of Civil Procedure 20. Plaintiff may file an amended complaint to try and cure the joinder-related deficiency by 12/2/24. 翻译
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11/07/2024 | NOTICE of Motion by Ge Lei for presentment of motion for miscellaneous relief[12], Sealed motion, [7] before Honorable Georgia N Alexakis on 11/14/2024 at 09:30 AM. 翻译
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11/06/2024 | SEALED DOCUMENT by Plaintiff Wenjie Xie Supplemental Memorandum in support of Joinder 翻译
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10/31/2024 | MAILED Copyright Request Letter to Plaintiff's counsel Ge Lei. (jn,) 翻译
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10/18/2024 | MOTION by Plaintiff Wenjie Xie for alternative service 翻译
附件: 1:Supplement 2:Exhibit 3:Exhibit 4:Exhibit 5:Exhibit |
10/18/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for leave to file under seal [9] is granted in part and denied in part. Plaintiff is granted leave to file the following documents under seal: sealed Annex A [2], plaintiff's Sealed Complaint [6], and plaintiff's motion for an ex parte temporary restraining order [7]. Plaintiff is directed to file publicly its motion for alternative service [8] on or before 10/21/24. That motion does not identify the individual defendants or set out evidence showing those defendants' online seller alias listings, which are the only bases plaintiff asserts for seeking leave to file the motion under seal. Plaintiff's motion for an ex parte temporary restraining order is taken under advisement. Upon review of the complaint, the Court sua sponte raises the propriety of joining 60 defendants in a single action. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 11/15/24, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff may also want to review the Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed its joinder-related concerns in cases of this size and type and also discussed its expectation that plaintiffs pinpoint those portions of the record that support a plaintiff's joinder-related assertions. In the alternative, plaintiff has leave to file an amended complaint by 11/11/24 with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. No appearance is required on 10/21/24. 翻译
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10/15/2024 | NOTICE of Motion by Ge Lei for presentment of Sealed motion[8], motion to seal document[9], Sealed motion, [7] before Honorable Georgia N Alexakis on 10/21/2024 at 09:30 AM. 翻译
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10/15/2024 | MOTION by Plaintiff Wenjie Xie to seal document 翻译
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10/15/2024 | SEALED MOTION by Plaintiff Wenjie Xie for Alternative Service 翻译
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10/15/2024 | SEALED MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery 翻译
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10/15/2024 | SEALED DOCUMENT by Plaintiff Wenjie Xie Sealed Complaint 翻译
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10/08/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 12/10/24 at 9:30 a.m. in person in Courtroom 1719. By 12/3/24,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report. 翻译
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09/27/2024 | 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
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09/27/2024 | CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). 翻译
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09/27/2024 | ATTORNEY Appearance for Plaintiff Wenjie Xie by Ge Lei 翻译
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09/27/2024 | CIVIL Cover Sheet 翻译
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09/27/2024 | SEALED EXHIBIT by Plaintiff Wenjie Xie Annex A regarding complaint[1] 翻译
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09/27/2024 | COMPLAINT filed by Wenjie Xie; Jury Demand. Filing fee $ 405, receipt number AILNDC-22531346. 翻译
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