2024-cv-03297 AI分析
04/24/2024
NEW PARTIES: The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint added to case caption.
08/19/2024
FULL SATISFACTION of Judgment as to a certain Defendant
08/02/2024
FULL SATISFACTION of Judgment as to a certain Defendant
07/22/2024
FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 7/22/2024. Mailed notice
07/22/2024
MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 42 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 design patent and copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 46 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 7/25/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of thirty-eight thousand dollar ($38,000) to Plaintiff or its counsel, Whitewood Law PLLC. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice
07/11/2024
CERTIFICATE of Service by Plaintiff Gulan Liao regarding terminate hearings, set/reset hearings, 45
07/11/2024
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 42 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/18/2024. 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 7/18/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. The telephone status hearing set for 7/25/2024 at 9:15 a.m. is converted to a tentative default judgment hearing. Mailed notice
07/03/2024
AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for default judgment as to all Defendants 42
07/03/2024
MEMORANDUM by Gulan Liao in support of motion for default judgment 42
07/03/2024
MOTION by Plaintiff Gulan Liao for default judgment as to all Defendants
07/03/2024
NOTICE of Voluntary Dismissal by Gulan Liao as to certain Defendants
06/28/2024
NOTICE of Voluntary Dismissal by Gulan Liao as to certain Defendants
06/17/2024
NOTICE of Voluntary Dismissal by Gulan Liao as to a certain Defendant
06/13/2024
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 6/13/2024. Mailed notice
06/13/2024
MINUTE entry before the Honorable Sunil R. Harjani: Enter preliminary injunction order. The Clerk is requested to unseal any previously-sealed documents. Mailed notice
06/13/2024
NOTICE of Voluntary Dismissal by Gulan Liao as to a certain Defendant
06/12/2024
NEW PARTIES: 92410724MAD2J06A6F, CALRO, chjengyingshangmao, dongjianxiao, DOROM, Fhnjjggyh, GANGYIGANG, guangdehzuang, GYUGJKKKN, GZHLMARKY, Hamsoo, HBOOTM, Huwennkin99, JIAJIATAI, johnyht, juanjuanshangdian, KaBinSheng, lihailidebeimeidianpu, lixiangwangluokejilixiang, lxylkj, mr.jona, Nanorevi85, P&C-Direct, Pinjia Trading, Ponochka, qiao'nai'shop, raochunyan, SerenityStyle, SimmsJan, TEXPLH, Virtual Variety Store., wangShop, wuxishangqikejiyouxiangongsi, xiamenshilimingliming, YoMee, ZEOXUER, zhengzhoubangcenshangmaoyouxiangongsi and zhengzhouwenzongxinxijishuyouxiangongsi added to case caption. Terminating The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint
06/12/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 29 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 34 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. 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 6/13/2024 is stricken. Summons were issued on 6/6/2024, and Defendants' responses to the complaint are due by 6/27/2024. Plaintiff should file any motion for entry of default and default judgment by 7/18/2024. 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. By 6/14/2024, Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox. A telephone status hearing is set for 7/25/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
06/06/2024
CERTIFICATE of Service by Plaintiff Gulan Liao regarding terminate hearings, set/reset hearings, 33
06/06/2024
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 29 for entry of a preliminary injunction. In connection with that motion, plaintiff must 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 by 6/11/2024." 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 6/11/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. The telephone status hearing set for 6/13/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice
06/06/2024
SUMMONS Returned Executed by Gulan Liao as to The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint on 6/6/2024, answer due 6/27/2024.
06/06/2024
AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for preliminary injunction 29
06/06/2024
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint
06/06/2024
MEMORANDUM motion for preliminary injunction 29 by Gulan Liao
06/06/2024
MOTION by Plaintiff Gulan Liao for preliminary injunction
05/31/2024
NOTICE of Voluntary Dismissal by Gulan Liao as to a certain Defendant
05/28/2024
ATTORNEY Appearance for Plaintiff Gulan Liao by Keaton David Smith
05/21/2024
INJUNCTION BOND in the amount of $38,000.00 posted by Gulan Liao. (Document not scanned).
05/22/2024
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 6/13/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 6/6/2024. Telephone status hearing set for 5/30/2024 is stricken and reset to 6/13/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
05/21/2024
AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for extension of time 22
05/21/2024
MEMORANDUM extension of time 22 by Gulan Liao
05/21/2024
MOTION by Plaintiff Gulan Liao for extension of time
05/16/2024
TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 5/16/2024. Mailed notice Modified on 6/14/2024.
05/16/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Memorandum 19 establishing joinder and a First Amended Complaint [17, 18] with a smaller set of defendants as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 38 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order and expedited discovery 13, and motion for electronic service of process 10 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 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. 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 counterfeit 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 11:30 a.m. on 5/16/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/23/2024. Telephone status hearing set for 5/21/2024 is stricken and reset to 5/30/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
05/07/2024
PLAINTIFF'S MEMORANDUM SUPPORTING JOINDER OF DEFENDANTS by Plaintiff Gulan Liao supplemental memorandum addressing the propriety of joinder of a subset of Defendants Modified on 6/14/2024.
05/07/2024
AMENDED SCHEDULE A by Plaintiff Gulan Liao Amended Schedule A Modified on 6/14/2024.
05/07/2024
AMENDED complaint by Gulan Liao against The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint
04/30/2024
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 3, plaintiff's motion for temporary restraining order 13, and plaintiff's motion for electronic service of process 10 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 75 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 5/7/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants. Estee Lauder, 334 F.R.D. at 189. A status hearing is set for 5/21/2024 at 9:15 a.m. by telephone. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice
04/26/2024
DECLARATION OF GULAN LIAO by Plaintiff Gulan Liao Liao Declaration Modified on 6/14/2024.
04/26/2024
MEMORANDUM IN SUPPORT by Plaintiff Gulan Liao Memorandum in support of TRO Modified on 6/14/2024.
04/26/2024
MOTION by Plaintiff Gulan Liao for temporary restraining order
04/26/2024
MINUTE entry before the Executive Committee: Case reassigned to the Honorable Sunil R. Harjani for all further proceedings pursuant to 28 USC 294(b). Mailed notice
附件：
1:(Request for reassignment) (ags)
04/25/2024
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.
04/25/2024
CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 1).
04/24/2024
MEMORANDUM motion for service by publication 10 by Gulan Liao
04/24/2024
MOTION by Plaintiff Gulan Liao for service by publication
04/24/2024
EXHIBIT 3-2 by Plaintiff Gulan Liao Exhibit 3-2 Modified on 6/14/2024.
04/24/2024
EXHIBIT 3-1 by Plaintiff Gulan Liao Exhibit 3-1 Modified on 6/14/2024.
04/24/2024
EXHIBIT 2 by Plaintiff Gulan Liao Exhibit 2 Modified on 6/14/2024.
04/24/2024
EXHIBIT 1 by Plaintiff Gulan Liao Exhibit 1 Modified on 6/14/2024.
04/24/2024
ATTORNEY Appearance for Plaintiff Gulan Liao by Shengmao Mu
04/24/2024
SCHEDULE A by Plaintiff Gulan Liao Schedule A Modified on 6/14/2024.
04/24/2024
MOTION by Plaintiff Gulan Liao to seal
04/24/2024
CIVIL Cover Sheet
04/24/2024
COMPLAINT filed by Gulan Liao; Jury Demand. Filing fee $ 405, receipt number AILNDC-21892623.
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