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2023-cv-03382

Kayomi Harai v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2023-05-30
原告：Kayomi Harai
代理律所：Keith
诉讼类型：版权
# Date Description
[+] 1 2023-05-30 COMPLAINT filed by Kayomi Harai; Filing fee $ 402, receipt number AILNDC-20683603.
2 2023-05-30 SEALED DOCUMENT by Plaintiff Kayomi Harai Schedule A to Complaint (1)
3 2023-05-30 CIVIL Cover Sheet
4 2023-05-30 ATTORNEY Appearance for Plaintiff Kayomi Harai by Keith A. Vogt
5 2023-05-30 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yanling Jiang
6 2023-05-30 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yi Bu
7 2023-05-30 ATTORNEY Appearance for Plaintiff Kayomi Harai by Adam Grodman
[+] 8 2023-05-30 ATTORNEY Appearance for Plaintiff Kayomi Harai by Cameron Eugene Mcintyre
9 2023-05-31 MOTION by Plaintiff Kayomi Harai for leave to file under seal
10 2023-05-31 MOTION by Plaintiff Kayomi Harai for leave to file excess pages
[+] 12 2023-05-31 MEMORANDUM in support of 11 Exparte motion
[+] 13 2023-05-31 SEALED EXHIBIT by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding memorandum in support of motion, 12
14 2023-05-31 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding memorandum in support of motion, 12 Ex Parte Motion 11 and Proposed Order
15 2023-06-01 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion 11 for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion 14 to Amazon Payments, Inc. ("Amazon"), the non-party provider of services to the defendants named in the proposed temporary restraining order. Amazon has until noon on Thursday, June 8, 2023, to object to plaintiff's request that the court find that it has personal jurisdiction over it and that it is in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). Amazon may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before noon on Thursday, June 8, 2023. Plaintiff is ordered to serve Amazon with a copy of this order on or before June 2, 2023. Plaintiff must file a certificate of service on or before June 5, 2023. Mailed notice
16 2023-06-01 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding text entry, 15
17 2023-06-09 MINUTE entry before the Honorable Joan B. Gottschall: The deadline 15 of 6/8/2023 to object to, or request a hearing on, plaintiff's motion for temporary restraining order has come and gone, and nothing has been received. Upon consideration of the certificate of service 16 filed 6/1/2023, plaintiff's motion 9 for leave to file certain documents under seal, motion 10 for leave to file an oversize brief, and motion 11 for entry of a sealed temporary restraining order are granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 6/23/2023 at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Kayomi Harai and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice
18 2023-06-09 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 6/9/2023. Mailed notice
19 2023-06-12 SURETY BOND in the amount of $ 10,000 posted by Kayomi Harai. (Document not Scanned)
20 2023-06-19 MOTION by Plaintiff Kayomi Harai for preliminary injunction
[+] 21 2023-06-19 MEMORANDUM by Kayomi Harai in support of motion for preliminary injunction 20
22 2023-06-19 Tentative NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 20 before Honorable Joan B. Gottschall on 6/23/2023 at 10:30 AM.
23 2023-06-19 Motion by Kayomi Harai Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
[+] 24 2023-06-19 MEMORANDUM in support of motion for miscellaneous relief 23
25 2023-06-22 MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline 17, the preliminary injunction hearing set for 6/23/2023 is stricken. Plaintiff's motion for preliminary injunction 20 and motion for electronic service of process 23 are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal Schedule A to the complaint 2, Exhibit 2 to the Declaration of Kayomi Harai 13, and the temporary restraining order 18. The law firms of Keith Vogt, Ltd., and JiangIP LLC are hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 7/21/2023. Mailed notice
[+] 26 2023-06-22 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 6/21/2023. Mailed notice
[+] 27 2023-06-22 SUMMONS Returned Executed by Kayomi Harai as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/22/2023, answer due 7/13/2023.
[+] 28 2023-07-14 MOTION by Plaintiff Kayomi Harai for default judgment as to The Defendants Identified In The First Amended Schedule A
[+] 29 2023-07-14 MEMORANDUM by Kayomi Harai in support of motion for default judgment 28
30 2023-07-18 MINUTE entry before the Honorable Joan B. Gottschall: Any written response to, or request for hearing on, plaintiff's motion 28 for entry of default and for entry of default judgment is due on or before August 1, 2023. If no written response or request for a hearing is received by the deadline, the court will assume that defendants do not oppose the motion and will rule on the papers. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve defendants with a copy of this order and file a certificate of service on or before July 21, 2023. Mailed notice
31 2023-07-19 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding set motion and R&R deadlines/hearings, 30
32 2023-07-19 ATTORNEY Appearance for Defendants 7-14 Days DeliveryZpervoba, 7-20 days on shipping JINF, AMIMOJY, DZHXSQX, Deniseoet, Exte 6-12 days Fast Delivery, Featur123C, Franterd - 7-20 Days Delivery, Gergeos, HENGCHENG_, HUANLE, JESFFER, KJGH, Katrina's Gift, LINGDANG, LaRiau, Lynn2021, MNDSUDHG, MaryAnn33, Mikey Store(5-14D Delivery), Nikylasi, Ntwgleoa, POINEG, QIFEN FASHION, QIUYI_, RDYKTE, RSKK., RouwaHHH, TOTGO US, TRENDINAO(7-15 Days Delivery), Viviplus, WeiNI, chunluwangluo, crampweui(7-20 Days Delivery), ggogo, guangzhouliguashangmaoyouxiangongsi, jing_nuodengshi, xiangpitang, Lucasie(?7-14 Days Delivery?), koUStoPPP10-20 days delivery, LULUZ 7-14 days delivery) by Adam Edward Urbanczyk
33 2023-07-19 MOTION by Defendants 7-14 Days DeliveryZpervoba, 7-20 days on shipping JINF, AMIMOJY, DZHXSQX, Deniseoet, Exte 6-12 days Fast Delivery, Featur123C, Franterd - 7-20 Days Delivery, Gergeos, HENGCHENG_, HUANLE, JESFFER, KJGH, Katrina's Gift, LINGDANG, LULUZ 7-14 days delivery), LaRiau, Lucasie(7-14 Days Delivery), Lynn2021, MNDSUDHG, MaryAnn33, Mikey Store(5-14D Delivery), Nikylasi, Ntwgleoa, POINEG, QIFEN FASHION, QIUYI_, RDYKTE, RSKK., RouwaHHH, TOTGO US, TRENDINAO(7-15 Days Delivery), Viviplus, WeiNI, chunluwangluo, crampweui(7-20 Days Delivery), guangzhouliguashangmaoyouxiangongsi, jing_nuodengshi, koUStoPPP10-20 days delivery, xiangpitang for extension of time UNOPPOSED
34 2023-07-21 MINUTE entry before the Honorable Joan B. Gottschall: On 7/19/2023, attorney Adam Urbanczyk filed a notice [32] of appearance for 41 defendants (collectively "appearing defendants") and a motion [33] for an extension to and including 8/9/2023 of appearing defendants' deadline to answer or otherwise respond to the complaint. The court cannot take any further substantive action in this matter until all notices of affiliates required by Local Rule 3.2 have been filed. If appearing defendants are individuals who do not need to disclose affiliates, they must so represent in a notice of affiliates. See N.D. Ill. LR 3.2(b). Appearing defendants' notices of affiliates are due by and including 7/27/2023. Mailed notice
35 2023-07-24 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
36 2023-07-25 STATUS Report by Kayomi Harai
37 2023-07-26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by 7-20 days on shipping JINF, Featur123C, LaRiau, Lucasie(7-14 Days Delivery), POINEG, QIUYI_, RouwaHHH, TOTGO US, TRENDINAO(7-15 Days Delivery), Viviplus, chunluwangluo, crampweui(7-20 Days Delivery), ggogo, jing_nuodengshi, koUStoPPP10-20 days delivery
38 2023-07-26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by 7-14 Days DeliveryZpervoba, AMIMOJY, DZHXSQX, Deniseoet, Gergeos, JESFFER, KJGH, Lynn2021, MNDSUDHG, MaryAnn33, Nikylasi, Ntwgleoa, RDYKTE, WeiNI, guangzhouliguashangmaoyouxiangongsi
39 2023-07-26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Exte 6-12 days Fast Delivery, Franterd - 7-20 Days Delivery, HENGCHENG_, HUANLE, Katrina's Gift, LINGDANG, LULUZ 7-14 days delivery), Mikey Store(5-14D Delivery), QIFEN FASHION, RSKK., xiangpitang
40 2023-08-02 MINUTE entry before the Honorable Joan B. Gottschall: Appearing defendants' motion [33] for an extension to and including 8/9/2023 of their deadline to answer or otherwise respond to the complaint is granted. Mailed notice
41 2023-08-02 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
42 2023-08-03 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed two notices of voluntary dismissal (docs. [35] and [41]) purporting to dismiss certain defendants, including the appearing defendants, without prejudice. These notices are ineffective under Seventh Circuit case law holding that Rule 41(a) may be used only to dismiss "the whole case." Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001); other citation omitted). Indeed, after they were purportedly dismissed, the court granted [40] appearing defendants' motion for an extension to 8/9/2023 of their deadline to answer or otherwise respond to the live complaint, meaning that appearing defendants are not presently in default. The court construes plaintiff's notices of voluntary dismissal (docs. [35] and [41]) as motions for leave to file an amended complaint dropping the defendants named in the notices, including appearing defendants. See Fed. R. Civ. P. 15(a)(2). If appearing defendants oppose plaintiff's request for leave to file an amended complaint dropping them, they have until and including 8/9/2023 to file a response in opposition. If appearing defendants are unopposed, they are requested to file a statement of non-opposition as promptly as possible. Mailed notice
43 2023-08-04 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
44 2023-08-04 NOTICE by 7-14 Days DeliveryZpervoba, 7-20 days on shipping JINF, AMIMOJY, DZHXSQX, Deniseoet, Exte 6-12 days Fast Delivery, Featur123C, Franterd - 7-20 Days Delivery, Gergeos, HENGCHENG_, HUANLE, JESFFER, KJGH, Katrina's Gift, LINGDANG, LULUZ 7-14 days delivery), LaRiau, Lucasie(7-14 Days Delivery), Lynn2021, MNDSUDHG, MaryAnn33, Mikey Store(5-14D Delivery), Nikylasi, Ntwgleoa, POINEG, QIFEN FASHION, QIUYI_, RDYKTE, RSKK., RouwaHHH, TOTGO US, TRENDINAO(7-15 Days Delivery), Viviplus, WeiNI, chunluwangluo, crampweui(7-20 Days Delivery), ggogo, guangzhouliguashangmaoyouxiangongsi, jing_nuodengshi, koUStoPPP10-20 days delivery, xiangpitang re text entry, [42]
45 2023-08-08 MINUTE entry before the Honorable Joan B. Gottschall: Upon consideration of appearing defendants' notice [44] that they do not oppose plaintiff's request for leave to file an amended complaint dropping them, plaintiff's requests, made in her notices of voluntary dismissal (doc. nos. [35], [41], and [43]) are granted. Plaintiff is instructed to file an amended schedule of defendants by and including 8/9/2023. The following defendants have been dismissed voluntarily: defendant nos. 1, 3, 11, 146, 162, 78, 104, 119, 123, 136, 168, 175, 191, 6, 117, 116, 56, 60, 152, 170, 181, 164, 44, 61, 65, 112, 171, 96, 107, 129, 15, 72, 128, 194, 110, 9, 127, 147, 148, 156, 165, 169, 188, 137, 143, 85, 115, 154, 182, 26, 29, 30, 52, 55, 58, 63, 66, 83, 101, 102, 106, 180, 8, 16, 37, 71, 93, 132, 141, 158, 18, 12, 14, 122, 45, 68, 139, 174, 179, 186, 200, 131, 24, 73, 38, 40, 92, 105, 108, 130, 135, 19, 155, 157, 90, 94, and 133. Mailed notice
46 2023-08-08 MINUTE entry before the Honorable Joan B. Gottschall: Appearing defendants have been dismissed voluntarily. The deadline [30] of 8/1/2023 to respond to plaintiff's motion for entry of default judgment has come and gone, and nothing has been received. Plaintiff's motion [28] for entry of default judgment is granted. Plaintiff's counsel are instructed to send a revised proposed default judgment omitting all defendants who have been dismissed to Proposed_Order_Gottschall@ilnd.uscourts.gov by and including 8/9/2023. Mailed notice
47 2023-08-09 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 49 Becobe
48 2023-08-09 Amended Schedule A [2] by Kayomi Harai
49 2023-08-09 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
50 2023-08-09 MINUTE entry before the Honorable Joan B. Gottschall: Today, counsel sent five messages to this court's proposed order inbox concerning the proposed default judgment and which defendants consent to being included in it. Plaintiffs also filed two notices of voluntary dismissal (doc nos. [47] and [49]). Counsel are reminded that substantive matters, including communicating consent to entry of a court order or judgment, must be on the record. The Proposed_Order_Gottschall@ilnd.uscourts.gov inbox must be used only to submit proposed orders. On or before 8/10/2023, plaintiff must file a status report indicating (1) which defendants remain in this case; (2) whether any remaining defendant is not included in plaintiff's proposed default judgment; and (3) how plaintiff intends to proceed as to any defendant not included in her proposed default judgment. Mailed notice
51 2023-08-09 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
52 2023-08-10 STATUS Report Pursuant to Minute Entry Order[50] by Kayomi Harai
53 2023-08-12 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 80 TRENDINAO(7-15 Days Delivery)
54 2023-08-16 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports [52] that the proposed default judgment emailed to the court on 8/9/2023 at 12:57 p.m. includes all defendants except defendant no. 80. Plaintiff subsequently filed a notice [53] voluntarily dismissing defendant no. 80. Enter default judgment. Civil case terminated. Mailed notice
55 2023-08-16 DEFAULT JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 8/16/2023. Mailed notice
56 2023-08-16 DEFAULT JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 8/16/2023. Mailed notice
57 2023-08-16 NOTICE of Correction regarding [55].
58 2023-08-17 MAILED Copyright Report with certified copy of orders (doc. #[54],[56]) dated 8/16/23 to Registrar, Washington DC.
59 2023-11-24 SATISFACTION of Judgment as to Defendant no. 91 YunPes
60 2024-01-25 SATISFACTION of Judgment as to [Certain] defendants
61 2024-01-29 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed two documents entitled "satisfaction of judgment" (Doc Nos. 59, 60) in which plaintiff "acknowledge[s] payment of an agreed upon damages amount. [sic] costs, and interest." Plaintiff "desires to release this [default] judgment" as to certain settling defendants. The court construes these documents as motions under Fed. R. Civ. P. 60(b)(5) to vacate the default judgment as to settling defendants because it has been "satisfied, released, or discharged." As so construed, the motions are granted. The default judgment 56 is amended to provide that the following defendants are dismissed with prejudice: No. 84, crampweui; No. 91, YunPes; No. 153, Bisitoy; No. 163, LULUZ; and No. 190 iLXHD. Mailed notice
66 2024-08-13 ORDER Signed by the Honorable Joan B. Gottschall on 8/13/2024. Mailed notice