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[+]
1
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2023-07-05 |
COMPLAINT filed by Jonas Sebastian Jodicke; Filing fee $ 402, receipt number AILNDC-20800891. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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2
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2023-07-05 |
SCHEDULE A by Plaintiff Jonas Sebastian Jodicke Schedule A to Complaint 1 Modified on 8/9/2023. |
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3
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2023-07-05 |
CIVIL Cover Sheet |
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4
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2023-07-05 |
ATTORNEY Appearance for Plaintiff Jonas Sebastian Jodicke by Keith A. Vogt |
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5
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2023-07-05 |
ATTORNEY Appearance for Plaintiff Jonas Sebastian Jodicke by Yanling Jiang |
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6
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2023-07-05 |
ATTORNEY Appearance for Plaintiff Jonas Sebastian Jodicke by Yi Bu |
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7
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2023-07-05 |
ATTORNEY Appearance for Plaintiff Jonas Sebastian Jodicke by Adam Grodman |
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8
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2023-07-05 |
ATTORNEY Appearance for Plaintiff Jonas Sebastian Jodicke by Cameron Eugene Mcintyre |
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[+]
9
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2023-07-06 |
MAILED copyright report to Registrar, Washington DC. |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. |
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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. |
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10
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2023-07-06 |
MOTION by Plaintiff Jonas Sebastian Jodicke for leave to file [Certain] Documents Under Seal |
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11
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2023-07-06 |
MOTION by Plaintiff Jonas Sebastian Jodicke for leave to file excess pages |
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[+]
13
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2023-07-06 |
MEMORANDUM In Support of 12 Ex Parte Motion |
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Declaration of Keith A. Vogt |
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Exhibit 1-4, Declaration of Keith Vogt |
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Declaration of Jonas Sebastian Jodicke |
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(Exhibit 1, Declaration of Jonas Sebastian Jodicke) |
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[+]
14
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2023-07-06 |
EXHIBIT by Plaintiff Jonas Sebastian Jodicke Sealed Exhibit 2, Declaration of Jonas Sebastian Jodicke regarding memorandum in support of motion, 13 Modified on 8/9/2023. |
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Exhibit 2, Part 1 |
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(Exhibit 2, Part 2) |
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15
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2023-07-10 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages 11 and for leave to file under seal 10 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery 12 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Mailed notice |
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16
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2023-07-10 |
TEMPORARY RESTRAINING ORDER signed by the Honorable Martha M. Pacold on 7/10/2023. Mailed notice (ags) Modified on 8/9/2023. |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
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17
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2023-07-11 |
SURETY BOND in the amount of $ 10,000 posted by Jonas Sebastian Jodicke. (Document not Scanned) |
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18
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2023-07-18 |
MOTION by Plaintiff Jonas Sebastian Jodicke for preliminary injunction |
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19
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2023-07-18 |
ATTORNEY Appearance for Plaintiff Jonas Sebastian Jodicke by Monica Rita Martin |
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20
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2023-07-18 |
MEMORANDUM by Jonas Sebastian Jodicke in support of motion for preliminary injunction 18 |
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Declaration of Keith A. Vogt |
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(Exhibit 1, Declaration of Keith Vogt) |
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21
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2023-07-18 |
SUMMONS Returned Executed by Jonas Sebastian Jodicke as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/18/2023, answer due 8/8/2023. |
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(Declaration of Service) |
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22
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2023-07-20 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 18 under advisement and will consider the motion unopposed if no defendant appears and objects by 7/28/2023. |
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23
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2023-08-09 |
MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction 18 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
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24
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2023-08-09 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/9/2023: |
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25
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2023-08-09 |
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 8/9/2023. Mailed notice. |
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26
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2023-08-10 |
MOTION by Plaintiff Jonas Sebastian Jodicke for default judgment as to The Defendants Identified In First Amended Schedule A |
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27
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2023-08-10 |
MEMORANDUM by Jonas Sebastian Jodicke in support of motion for default judgment 26 |
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Exhibit 1 |
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Exhibit 2 |
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(Declaration of Keith A. Vogt) |
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NEW PARTIES: ZhouHuixiaodian, Homli, Niagara store, yiduochenai, gansh, Over the hill, changjiangxulingsuiwangluokejiyouxiangongsi, hongdongxianhaibodengdianzishangwuyouxiangongsi, NZHDXDSS, zhuoxinxiefu, LiJiaChengDeDian, iaoyan0487, Billionn US Store, ManWeiSM, UKURO, zhoukouyantuoshangmaoyouxiangongsi, XUAHENW, XSsmural, QJang, KangXianShangMaoYouXianGongSi, DZKSP, kejinwangluokejiyouxiangongsi, At First Sight, fengyuwuzu543211, duchuangye, 6-10 days delivery-Rongxia co., ltd., Readyfan Art, SoulSpaze, Use4, putianshilichengquweicaimaoyiyouxiangongsi, Qaranyy, GQ-SHOP-X, SAXIGOL, ADSSDQ, 3CC1999, FONMA, zhenghuihui1234, BAIGEE, NaRHbrg, XISIYUE, QiBuss, Kimpei, ZOEFLY, youzhend, Liangliang.W, Fantshir, guo jin Hd oil painting poster, yangyuliangdedianpummm, fathers day gifts jsaierl, yangchenglindytr, LIUBOG, malelepomn, putianshilichengquxiaoliangriyongpindian, BXFAHZJ SHOP, RedStar Mart, YangJun Trading Co. Ltd and putianshixiuyuquyuetangguochunlaibaihuodian added to case caption. |
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NEW PARTIES: shexianminyunshangmaohang, LiuWuJie Art, baofengxiannitujiajuyongpinxiaoshoudian, ANYI02, a-motaseast, zhan yi, ShunYuRiZaBaiHuoDian, zhangruyiGHFFGFV15123, puzzlezhonghuadedian6, Nicutsle, yangjingfangbuyinshuanyishupindian, kunminglujinliwangluokejiyouxiangongsi, tingzhunshangmao, Saevel Bryhorn, sunrenshangmao666, uanlu8948, Reyor Shade, Gundrios Eos, Metanite, Wall art decoration, XUANCHENG, Wrimien Rane, Makutadanti, BATERIATEE, linyijiehuihua, Yuhou Sunlight, haomeismUS, tuduoms Fashion Clothes, dayeshixianjiaoshangmaoyouxiangongsi, shanxibainongliangnashangmaoyouxiangongsi, Zzongkeshangmao, MC90, Huiqishangmao21, shanxilus, Yuedewangluo, Qitongmaiyushangmao, guniangzainalidianzishangwuyouxiangongsi, hezeshiyouwangluokejiyouxiangongsi, hezezhoujianwangluokejiyouxiangongsi, xiangchengshiyinghongshangmaoyouxiangongsi, ZHENMM, Amaosss, DKSHANGMAO, XZMLY, KIYAS, FOX dell234, YUMENGXIAO, zhanglingdianzishangwuyouxiangongsi, BWG-US, DCYL, Beautiful things are good, Personalized Custom Store, WGGWUS, AISSO, guangzhouqinaishangmaoyo, xiangchengshidecaoshangmaoyouxiangongsi and Chunxaonet added to case caption. |
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NEW PARTIES: Uliking US, ChangSheng Maoyi, SERCFGYUJ, ZJXSNEH-US, XCBW, Panypost, zhenghenduo, YiFeiKaiTian, Tatkuink Clothing, Taurus-Store, guoshiriyongbaihuodian, DZXTZVXJ STORE, Global Best Discount, zhouzhi hao, qiqihaersundongdianzishangwuyouxiangongsi, leixiangshangmaogongsi, mengrenwushu, jinyinzhubao, GUOYITING, TIENDUNG'S STORE, huangpeipeiA, Mobicus, HQUANSHOP, rongguomaoyiyouxian, Wajige, CYSTYL, ONVInn, Gaozs, Yeapday, JJenny, FlipBird, MAOUICI, Miagon-US, anqingbudushangmaoyouxiangongsi, House KLL, Xiao xai shop, ShanXiYaSuoDianZiShangWuYouXianGongSi, Legou, Samiila, NAM TANKE SHIP, LIGUOGUO-us, sheldont, jingmenshizouduoshangmaoyouxiangongsi, Joyce Cai, RoKy Official, Freedomtrader, Yangyuquan168, Goceyoy, LONNAONE, The joy of decals, QinJunXiang, Snowflake Trading Co., Ltd, xinwangtongxundian, Glkaend Shop, Lukitty Direct, THXDEG and HIRSEYY added to case caption. |
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NEW PARTIES: HUERTOP// Tops Dress 3-5 or 7-12 days Business added to case caption. |
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NEW PARTIES: guanbinGENOBL added to case caption. |
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28
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2023-08-11 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 26 must enter an appearance and file a written objection by 8/22/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
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29
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2023-08-12 |
ATTORNEY Appearance for Defendants Use4, gansh by Adam Edward Urbanczyk |
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30
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2023-08-12 |
MOTION by Defendants Use4, gansh for extension of time |
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31
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2023-08-14 |
MINUTE entry before the Honorable Martha M. Pacold: The motion for an extension of time filed by defendants Gansh and Use4, [30] is granted. Defendants Gansh and Use4 to respond to the complaint by 9/1/2023. |
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32
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2023-08-18 |
ATTORNEY Appearance for Defendants QiBuss, XISIYUE, ZOEFLY by Yizhou Liu |
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33
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2023-08-18 |
ATTORNEY Appearance for Defendant MIAOCONG by Adam Edward Urbanczyk |
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34
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2023-08-18 |
MOTION by Defendant MIAOCONG for extension of time |
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35
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2023-08-21 |
ATTORNEY Appearance for Defendants QiBuss, XISIYUE, ZOEFLY by Andrew W. Alexander |
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36
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2023-08-21 |
MOTION by Defendants QiBuss, XISIYUE, ZOEFLY for extension of time to file answer (Unopposed) |
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37
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2023-08-21 |
MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time filed by defendant MIAOCONG, [34] is granted. Defendant MIAOCONG to respond to the complaint by 9/1/2023. |
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38
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2023-08-22 |
MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time filed by defendants ZOEFLY, XISIYUE, and QiBuss, [36] is granted. Defendants ZOEFLY, XISIYUE, and QiBuss to respond to the complaint by 9/5/2023. |
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39
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2023-08-23 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants |
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40
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2023-08-23 |
Amended Schedule A [2] by Jonas Sebastian Jodicke |
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41
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2023-08-24 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [39], which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [39] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants Putianshilichengquweicaimaoyiyouxiangongsi,guanbinGENOBL, ZHXWLKJ department store, AISSO, Lukitty Direct, putianshixiuyuquyuetangguochunlaibaihuodian, BXFAHZJ SHOP, fathers day gifts jsaierl, ONVInn, House KLL, NaRHbrg, tuduoms Fashion Clothes, Wall art decoration, KangXianShangMaoYouXianGongSi, LIGUOGUO-us, Glkaend Shop, XCBW, Legou, QJang, Global Best Discount, Beautiful things are good, YUMENGXIAO, DZKSP, LONNAONE, MAOUICI, GUOYITING, SERCFGYUJ, xiangchengshiyinghongshangmaoyouxiangongsi, DCYL, Uliking US, CYSTYL, gansh, SAXIGOL, ADSSDQ, 3CC1999, FONMA, ZCLRUG, Use4, ZJXSNEH-US, NZHDXDSS, YangJun Trading Co. Ltd, sunrenshangmao666, "§"', zhenghenduo, and guo jin Hd oil painting poster from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended schedule A is already filed on the docket. [40]. Mailed notice. |
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42
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2023-08-28 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 4 yiduochenai |
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43
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2023-08-29 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [42], which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [42] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant yiduochenai from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended schedule A is on the docket by 9/5/2023. |
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44
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2023-09-05 |
Amended Schedule A [2] by Jonas Sebastian Jodicke |
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45
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2023-09-14 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants |
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46
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2023-09-15 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [45], which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [45] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants QiBuss, ZOEFLY, and XISIYUE from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended schedule A on the docket by 9/21/2023. |
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47
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2023-09-21 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 180 HIRSEYY and no. 122 ChangSheng Maoyi |
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48
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2023-09-21 |
Amended Schedule A [2] by Jonas Sebastian Jodicke |
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49
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2023-09-22 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [47], which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [47] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants HIRSEYY and ChangSheng Maoyi. The court grants plaintiff leave to amend the pleadings. The amended schedule A is already filed on the docket. [48]. The court has also received plaintiff's amended proposed order for entry of default and default judgment. Since some defendants have appeared, this proposed order seeks default judgment against some but not all defendants. By 4:00 p.m. on 9/29/2023, plaintiff is directed to file a short brief (limited to 5 pages, excluding caption and signature block) addressing whether default judgment against some but not all defendants is appropriate under Fed. R. Civ. P. 54(b) and the principles articulated in Frow v. De La Vega, 82 U.S. 552 (1872). See Arwa Chiropractic, P.C. v. Med-Care Diabetic and Medical Supplies, Inc., 961 F.3d 942, 950-952 (7th Cir. 2020); VLM Food Trading Int'l, Inc. v. Illinois Trading Co., 811 F.3d 247, 256 n.6 (7th Cir. 2016); Marshall & Ilsley Trust Co. v. Pate, 819 F.2d 806, 811-12 (7th Cir. 1987); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257-58 (7th Cir. 1980); Krakow Bus. Park v. Locke Lord, LLP, 135 F. Supp. 3d 770, 783 (N.D. Ill. 2015), aff'd sub nom. Domanus v. Locke Lord LLP, 847 F.3d 469 (7th Cir. 2017). Any other party who wishes to file a brief on this point is free to do so by the same deadline. Plaintiff is directed to serve this order on defendants and file a certificate of service on the docket. |
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50
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2023-09-22 |
CERTIFICATE of Service by Plaintiff Jonas Sebastian Jodicke regarding add and terminate parties, [49] |
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51
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2023-09-28 |
STATUS Report Joint Status Report Pursuant to Minute Entry Order [49] by Jonas Sebastian Jodicke |
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52
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2023-09-29 |
NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 129 Tatkuink Clothing and no. 175 Snowflake Trading Co., Ltd |
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53
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2023-09-29 |
Amended Schedule A [2] by Jonas Sebastian Jodicke |
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54
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2023-10-02 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [52], which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). Again, the Court reminds plaintiff that Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [52] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants Defendant No. 129 Tatkuink Clothing and No. 175 Snowflake Trading Co., Ltd. Plaintiff has already filed an amended Schedule A on the docket. [53]. |
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55
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2023-10-02 |
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the joint status report status report. [51]. |
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56
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2023-10-02 |
ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [26]. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its copyrights causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith A. Vogt, 33 West Jackson Boulevard, Unit #2W, Chicago, IL 60604, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 10/2/2023. Mailed notice. |
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57
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2023-10-02 |
DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 10/2/2023. Mailed notice. |
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58
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2023-10-02 |
ENTERED JUDGMENT. Signed by the Honorable Martha M. Pacold on 10/2/2023. Mailed notice. |
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59
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2023-11-21 |
SATISFACTION of Judgment as to Defendant no. 181 MIAOCONG and no. 154 Miagon-US |
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60
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2024-01-03 |
SATISFACTION of Judgment as to Defendant no. 25 At First Sight |
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61
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2024-05-14 |
SATISFACTION of Judgment as to Defendant no. 112 BWG-US |
