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2023-cv-15953

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：2023-11-14
原告：Kayomi Harai
代理律所：Keith
诉讼类型：版权
# Date Description
[+] 1 2023-11-14 COMPLAINT filed by Kayomi Harai; Filing fee $ 402, receipt number AILNDC-21330175.
2 2023-11-14 SCHEDULE A to Complaint by Plaintiff Kayomi Harai Schedule A to Complaint 1. Modified on 12/12/2023.
3 2023-11-14 CIVIL Cover Sheet
4 2023-11-14 ATTORNEY Appearance for Plaintiff Kayomi Harai by Keith A. Vogt
5 2023-11-14 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yanling Jiang
6 2023-11-14 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yi Bu
7 2023-11-14 ATTORNEY Appearance for Plaintiff Kayomi Harai by Adam Grodman
8 2023-11-14 ATTORNEY Appearance for Plaintiff Kayomi Harai by Cameron Eugene Mcintyre
[+] 9 2023-11-14 ATTORNEY Appearance for Plaintiff Kayomi Harai by Monica Rita Martin
10 2023-11-15 MAILED Copyright report to Registrar, Washington DC.
11 2023-11-17 MOTION by Plaintiff Kayomi Harai for leave to file under seal
12 2023-11-17 MOTION by Plaintiff Kayomi Harai for leave to file excess pages
[+] 14 2023-11-17 MEMORANDUM in support of 13 Exparte motion
[+] 15 2023-11-17 EXHIBIT 2 to the Declaration of Kayomi Harai by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding memorandum in support of motion, 14 Modified on 12/12/2023.
16 2023-11-21 SEALED ORDER written by the Honorable Lindsay C. Jenkins on 11/21/2023. Mailed notice.
[+] 17 2023-11-21 SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 11/21/2023. Mailed notice.
18 2023-11-28 SURETY BOND in the amount of $ 10,000 posted by Kayomi Harai (Document not scanned.)
19 2023-11-30 MOTION by Plaintiff Kayomi Harai for preliminary injunction
[+] 20 2023-11-30 MEMORANDUM by Kayomi Harai in support of motion for preliminary injunction 19
[+] 21 2023-11-30 SUMMONS Returned Executed by Kayomi Harai as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/30/2023, answer due 12/21/2023.
22 2023-12-04 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 19 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 December 7, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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.
23 2023-12-04 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding order on motion for preliminary injunction, text entry, 22
24 2023-12-08 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 19 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 23 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. The Clerk shall unseal any documents that are sealed. The Law Firm of Jiangip Llc., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
[+] 25 2023-12-08 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 12/8/2023. Mailed notice.
[+] 26 2023-12-19 ATTORNEY Appearance for Defendant The Partnerships and Unincorporated Associations Identified on Schedule A by Timothy Tiewei Wang
27 2023-12-19 MOTION by Defendant The Partnerships and Unincorporated Associations Identified on Schedule A for extension of time to file answer regarding complaint 1
28 2023-12-20 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants' unopposed motion for extension of time to answer or otherwise plead 27 is granted. A responsive pleading is due by January 4, 2024 from the following Defendants: Lanshengkai, KAIXINLE STORE, Jinafashion, Nuotai, Zero Store, FAGINEY STORE, Erprec, SuchinmL, Yokuna, Aiterwu, Wandisy, Cinny, Liyust-US, PulamuseUS, Yaminger-US, Yinoua-us, Ruaniy-US, Sunhuke-US, Bnjni-US, Danzheki-US, LMOO3-US, Wostidbik-US, Zhoubinshop-US, hongzhizhi-US, Xzhan-US, Wadiue-US, Fchecy-US, Xiecaiboe-US, startfa-US, LOPRGJO-US, Monedyy-US, Mseinope-US, JQNus-US, neauseat99-US, casualittier-US, ling20-11-US, qingjunwujD8US-US, Easied-US, Jinwzer-US, Haosmie-US and Zaltgag-US. Mailed notice.
29 2023-12-22 MOTION by Plaintiff Kayomi Harai for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A
[+] 30 2023-12-22 MEMORANDUM by Kayomi Harai in support of motion for default judgment[29]
31 2023-12-26 ATTORNEY Appearance for Defendant keyilu by Adam Edward Urbanczyk
32 2023-12-26 MOTION by Defendant keyilu for extension of time
33 2023-12-27 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant keyilu's motion for extension of time [32] is granted. Defendant keyilu's responsive pleading is due by January 16, 2024. Mailed notice
34 2023-12-27 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant keyilu. Before the Court is Plaintiff's motion [29] for entry of default and default judgment against all Defendants. All remaining defendants have 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 objections to the motion for entry of default judgment must be filed on or before January 2, 2024. If no objections are filed by that date, the court will consider the motion unopposed. 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. Mailed notice
35 2023-12-27 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding text entry, [34]
36 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.
37 2024-01-03 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
38 2024-01-05 MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendants 4, 6-16, 19, 23-28, 31, 33, 39, 44-48, 50, 55, 59, 63, 64, 68-72, 75-89, 91-95, 97-99, 101, 104-110, 112-183, 185, 186, 188-190, 193-200, No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [29] 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 marks 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. Enter Partial Final Judgment Order. Mailed notice.
39 2024-01-05 PARTIAL DEFAULT JUDGMENT ENTERED Signed by the Honorable Lindsay C. Jenkins on 1/5/2024. Mailed notice.
40 2024-01-10 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
41 2024-02-20 MINUTE entry before the Honorable Lindsay C. Jenkins: By February 23, 2024, the Court requests that Plaintiff file a short status report as to the status of any outstanding Defendants. It appears that this case may be terminated based on the voluntary dismissals filed at [40], but for the avoidance of doubt, the Court requests an update from Plaintiff. Mailed notice.
42 2024-02-23 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
43 2024-02-23 STATUS Report Pursuant to [41] by Kayomi Harai
44 2024-02-26 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant keyilu did not file its responsive pleading by January 16, 2024 [33], but Plaintiff reports that the parties are finalizing settlement. A joint status report as to these remaining parties is due by March 21, 2024, unless a stipulation of dismissal is filed sooner. Mailed notice
45 2024-03-11 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 59 shengliyan and no. 11 keyilu
46 2024-03-13 MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff has filed a notice of voluntary dismissal 45, the terms of which are set forth therein. Civil case terminated. Mailed notice.