2023-cv-00327 AI分析
02/05/2024
ORDER: The Clerk of the Court is directed to return the one-thousand ($1,000.00 USD) cash bond previously posted plus any interest accrued to Plaintiff's counsel by check made out to: Ni, Wang & Massand, PLLC, 8140 Walnut Hill Lane, Suite 615, Dallas, Texas 75231. Signed by the Honorable John F. Kness on 2/5/2024. Mailed notice. 翻译
11/08/2023
MINUTE entry before the Honorable John F. Kness: Pursuant to the Court's order dated September 7, 2023 29, which directed the return of the surety bond, Plaintiff's motion for release of bond obligation 31 is dismissed as moot. Mailed notice 翻译
09/07/2023
ORDER signed by the Honorable John F. Kness on 9/7/2023: Plaintiff's motion for entry of default judgment 25 is granted. Enter Final Judgment Order. The one-thousand-dollar ($1,000) surety bond posted by Kaiwei Zhou is hereby released to Kaiwei Zhou or its counsel, Ni, Wang & Massand, PLLC. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Hao Ni of Ni, Wang & Massand, PLLC, 8140 Walnut Hill Lane,Suite-615, Dallas, TX 75231 via certified mail. Civil case terminated. Mailed notice 翻译
08/31/2023
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 8/31/2023. Only counsel for Plaintiff appeared; Defendant OPTATO has not appeared in the case. Counsel reported on the status of the motion 25 for entry of default and default judgment and explained that all other Defendants have been dismissed, leaving only Defendant OPTATO in the case. Defendant OPTATO has failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objection by Defendant OPTATO to the motion for entry of default judgment must be filed on or before 9/5/2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon Defendant OPTATO immediately and must file proof of service by the close of business on 9/1/2023. Mailed notice 翻译
08/29/2023
MINUTE entry before the Honorable John F. Kness: Telephonic Motion Hearing set for 8/31/2023 at 09:30 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice 翻译
08/28/2023
MEMORANDUM by Kaiwei Zhou in support of motion for entry of default, motion for default judgment 25 翻译
附件：
1:Exhibit A - Declaration of Jin
2:Exhibit A-1
3:(Exhibit A-2)
08/28/2023
MOTION by Plaintiff Kaiwei Zhou for entry of default as to Defendant OPTATO, MOTION by Plaintiff Kaiwei Zhou for default judgment as to Defendant OPTATO 翻译
06/29/2023
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 6/29/2023. Mailed notice 翻译
06/29/2023
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 16 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 22 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 Schedule A are added to the Court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice 翻译
05/09/2023
MINUTE entry before the Honorable John F. Kness:Before the Court is Plaintiff's motion 16 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all remaining 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 on or before 5/15/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's motion 11 to extend the TRO, the TRO is further extended to and including the date on which 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.Mailed notice 翻译
05/07/2023
MEMORANDUM by Kaiwei Zhou in support of motion for preliminary injunction 16 翻译
附件：
1:Exhibit A
2:(Exhibit B)
04/27/2023
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations identified in Schedule A (jk2,) 翻译
04/24/2023
MEMORANDUM by Kaiwei Zhou in support of motion for miscellaneous relief 10 翻译
附件：
1:(Exhibit A - Declaration of Jin)
04/13/2023
TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 4/13/2023. Modified on 6/30/2023 (jk2,). 翻译
04/13/2023
MINUTE entry before the Honorable John F. Kness: Plaintiff's motions for leave to file under seal 2 6 and ex parte motion for a temporary restraining order and other relief 7 are granted. 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries 3, 5, and 7. The accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, 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 infringing goods, 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. Plaintiff has provided sufficient evidence at this preliminary stage regarding the prospect of an accounting to justify the requested relief. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit these findings. Enter Sealed Temporary Restraining Order. Mailed notice 翻译
02/06/2023
MOTION by Plaintiff Kaiwei Zhou Ex Parte Motion for Entry of a Seal and Memo in Supported Temporary Restraining Order. 翻译
附件：
1:Supplement Memo in Support
2:(Declaration of Kaiwei Zhou) Modified on 6/30/2023 (jk2,)
02/06/2023
MOTION by Plaintiff Kaiwei Zhou to seal Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order 翻译
02/06/2023
REPORT by Plaintiff Kaiwei Zhou Report on Filing Patent/Trademark (AO120) Modified on 6/30/2023 (jk2,). 翻译
01/19/2023
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
01/19/2023
CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. 翻译
01/19/2023
SCHEDULE A by Plaintiff Kaiwei Zhou. 翻译
附件：
1:Exhibit 1
2:(Exhibit 2) Modified on 6/30/2023 (jk2,)
01/19/2023
MOTION by Plaintiff Kaiwei Zhou for leave to file Under Seal Schedule A, Exhibit 1, and Exhibit 2 翻译
附件：
1:(Text of Proposed Order)
01/19/2023
COMPLAINT filed by Kaiwei Zhou; Jury Demand. Filing fee $ 402, receipt number AILNDC-20253745. 翻译
附件：
1:Exhibit Schedule A
2:Exhibit 1
3:Exhibit 2
4:(Civil Cover Sheet)
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