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2023-cv-14961

Fletcher et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2023-10-16
原告：Fletcher et al
代理律所：GBC
诉讼类型：商标
# Date Description
[+] 1 2023-10-16 COMPLAINT filed by Bryan Fletcher, Garrett Fletcher; Filing fee $ 402, receipt number AILNDC-21225019.
2 2023-10-16 SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Schedule A regarding complaint[1]
3 2023-10-16 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for leave to file under seal
4 2023-10-16 CIVIL Cover Sheet
5 2023-10-16 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin R. Gaudio
6 2023-10-16 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Amy Crout Ziegler
7 2023-10-16 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin Tyler Joseph
[+] 8 2023-10-16 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Trevor Christian Talhami
9 2023-10-17 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
10 2023-10-17 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for temporary restraining order[9]
[+] 11 2023-10-17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[10]
[+] 12 2023-10-17 DECLARATION of Steve Fletcher regarding memorandum in support of motion[10]
13 2023-10-17 SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Exhibit 2 - Parts 1 - 6 regarding declaration[12]
14 2023-10-17 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
15 2023-10-17 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for miscellaneous relief[14]
[+] 16 2023-10-17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]
17 2023-10-17 MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [9], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [14] are set for a telephonic motion hearing on 10/25/2023 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
18 2023-10-18 MAILED copyright report to Registrar, Washington DC.
19 2023-10-25 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Rachel S Miller
20 2023-10-25 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 10/25/2023. For the reasons stated on the record, Plaintiffs' motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 9, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 14 are granted. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2, and (2) Exhibit 2 - Parts 1 - 6 13. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 10:00 a.m. on 10/25/2023 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 11/8/2023 at 12:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
[+] 21 2023-10-25 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 10/25/2023. Mailed notice
22 2023-11-01 SURETY BOND in the amount of $10,000 posted by Bryan Fletcher, Garrett Fletcher. (Document not scanned.)
23 2023-11-03 MOTION by Plaintiff Garrett Fletcher for extension of time of Temporary Restraining Order
[+] 24 2023-11-03 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of extension of time 23
25 2023-11-06 MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' ex parte motion to extend the temporary restraining order 23 is granted. The Court finds good cause to extend the temporary restraining order an additional 14 days to 11/22/2023. Telephonic status hearing set for 11/8/2023 is stricken and reset for 11/22/2023 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
26 2023-11-16 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants
[+] 27 2023-11-17 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for preliminary injunction
[+] 28 2023-11-17 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for preliminary injunction 27
[+] 29 2023-11-17 SUMMONS Returned Executed by Bryan Fletcher, Garrett Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/17/2023, answer due 12/8/2023.
30 2023-11-22 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 11/22/2023. Only Plaintiffs appeared. For the reasons stated on the record, Plaintiffs' motion for entry of a preliminary injunction 27 is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A to the complaint 2, (2) Exhibit 2 - Parts 1 - 6 13, and (3) the sealed temporary restraining order 21. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 1/3/2024 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
[+] 31 2023-11-22 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 11/22/2023. Mailed notice
32 2023-11-30 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants
33 2023-12-07 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants
34 2023-12-13 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to Certain Defendants
[+] 35 2023-12-13 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for entry of default, MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for default judgment as to all Defendants with the Exception of Certain Defendants
[+] 36 2023-12-13 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for entry of default, motion for default judgment, [35]
[+] 37 2023-12-13 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]
[+] 38 2023-12-13 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher to approve consent judgment as to Defendant Nos. 90 and 91
39 2023-12-22 MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for entry of default and default judgment as to all remaining Defendants, with the exception of certain Defendants 35 will be heard at the telephonic hearing set for 1/3/2024 at 9:45 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
40 2023-12-28 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 Executive Committee on 12/28/2023: Mailed notice.
41 2024-01-03 ATTORNEY Appearance for Defendant Yangzhou Beyman Toys Co., Ltd. by Adam Edward Urbanczyk
42 2024-01-03 MOTION by Defendant Yangzhou Beyman Toys Co., Ltd. for extension of time
43 2024-01-03 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 1/3/2024. For the reasons stated on the record, the Court enters Rule 55(a) default against all remaining Defendants, with the exception of certain Defendants and Yangzhou Beyman Toys Co., Ltd. Plaintiffs' request for entry of default judgment [35] is taken under advisement. Defendant Yangzhou Beyman Toys Co., Ltd.'s motion for extension of time [42] is granted, notwithstanding Plaintiffs' objection. Defendant Yangzhou Beyman Toys Co., Ltd. shall answer or otherwise respond to Plaintiffs' complaint by 1/17/2024. Plaintiffs' motion for entry of a consent judgment as to Defendant nos. 90 and 91 [38] is granted. Enter Consent Judgment. Telephonic status hearing set for 1/31/2024 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
44 2024-01-03 CONSENT JUDGMENT. Signed by the Honorable Andrea R. Wood on 1/3/2024. Mailed notice
45 2024-01-11 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendant
46 2024-01-18 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants
47 2024-01-30 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to a Certain Defendant
48 2024-01-31 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/31/2024 and continued to 2/28/2024 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
[+] 49 2024-02-27 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher to amend/correct order[44]
50 2024-02-28 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/28/2024. For the reasons stated on the record, Plaintiffs' motion to amend the consent judgment order (44) [49] is taken under advisement. Plaintiffs' counsel shall provide the settlement agreements between Defendants lytoyto and Rongking to chambers for in camera review by 3/1/2024. Telephonic status hearing set for 4/9/2024 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
51 2024-04-02 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0008: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Sunil R. Harjani; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Sunil R. Harjani; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Sunil R. Harjani's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Sunil R. Harjani to the Court's criminal case assignment system ninety (90) days so that Judge Harjani shall thereafter receive a full share of such cases. Case reassigned to the Honorable Sunil R. Harjani for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.
52 2024-04-08 MINUTE entry before the Honorable Andrea R. Wood: In light of the reassignment of this case to Judge Harjani, the telephonic status hearing before Judge Wood set for 4/9/2024 is stricken. Mailed notice
53 2024-04-17 MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Plaintiffs' Motion for Entry of Default and Default Judgment as to All Remaining Defendants With the Exception of Certain Defendants [35] and Plaintiffs' Motion to Amend the Consent Judgment Order [49] remain under advisement. Regarding Plaintiffs' Motion to Amend the Consent Judgment, Plaintiffs' counsel shall provide the settlement agreements between Defendants lytoyto and Rongking to chambers (Room 1870) for in camera review by 4/19/2024. Mailed notice
54 2024-04-22 MINUTE entry before the Honorable Sunil R. Harjani: The Court has conducted an in camera review of the settlement agreements between Defendants lytoy and Rongking. Plaintiffs' Motion to Amend the Consent Judgment Order [49] is granted. Paragraph 2 of the Consent Judgment Order [44] is amended to reflect that Defendants lytoy (Defendant No. 90) and Rongking (Defendant No. 91) shall pay Plaintiff the following amounts in damages as reflected by the terms of Plaintiff's settlement agreements with Defendants: lytoy $7,900 and Rongking $12,400. Plaintiff shall submit a revised Consent Judgment order to the Court's proposed order inbox. Mailed notice
55 2024-04-23 AMENDED CONSENT JUDGMENT. Signed by the Honorable Sunil R. Harjani on 4/23/2024. Mailed notice
56 2024-04-23 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for Entry of Default and Default Judgment as to All Remaining Defendants with the Exception of Certain Defendants [35] is under advisement. By 4/26/2024, Plaintiff shall file a revised list of defaulting defendants and submit a corresponding proposed order to the Court's proposed order inbox. Mailed notice
[+] 57 2024-04-25 STATUS Report per [56] by Bryan Fletcher, Garrett Fletcher
58 2024-04-26 ATTORNEY Appearance for Defendant KK Kids Fashion by Christopher Paul Keleher
59 2024-04-26 MOTION by Defendant KK Kids Fashion for extension of time to file answer regarding complaint[1]
60 2024-04-29 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is Defendant No. 85 KK Kids Fashion's Motion for Extension to Time to Answer or Otherwise Plead [59]. Judge Wood previously entered default against Defendant No. 85 KK Kids Fashion [43], and Plaintiff's Motion for Entry of Default Judgment is under advisement. Defendant No. 85 KK Kids Fashion essentially seeks to vacate the default entry so that it may respond to Plaintiff's Complaint if it is unable to reach an agreement to settle. Defendant No. 85 KK Kids Fashion's motion does not state whether Plaintiff opposes the requested relief, as required by the Court's Standing Order Re Civil Motion Practice (available on the Court's web page). Accordingly, the motion [59] is denied without prejudice to refiling an appropriate motion with the required statement indicating whether there is an objection to the motion. If the motion is opposed, Defendant No. 85 KK Kids Fashion must include a statement from Plaintiff indicating the specific grounds for the objection. Mailed notice
61 2024-05-09 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendant
62 2024-05-15 MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiffs' motion for entry of default judgment. Accordingly, the motion [35] is granted. Based on the evidence previously submitted by plaintiffs and the admission of liability by virtue of the default, plaintiffs have established that a permanent injunction should be entered. The infringement of plaintiffs' copyrights irreparably harms plaintiffs 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 (plaintiffs have failed to seek an accounting of profits), the value of plaintiffs' brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 per distinct defendant is an appropriate award of statutory damages. The Clerk of the Court is directed to return the surety bond posted in the amount of ten thousand dollar ($10,000) to Plaintiffs or their counsel, Greer, Burns & Crain, Ltd. Enter separate Final Judgment Order. Civil case terminated. Mailed notice
63 2024-05-15 FINAL JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 5/15/2024. Mailed notice
64 2024-07-25 NOTICE of withdrawal of bond [22] by John Summerfield, Greer Burns & Crain, Ltd.
65 2024-12-12 FULL SATISFACTION of Judgment regarding order 63 in the amount of $50,000 as to certain defendant