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2024-cv-01091

Gerald J. Lofaro v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院:伊利诺伊州北法院
发案日期:2024-02-07
原告:Gerald J. Lofaro
代理律所:Keith
诉讼类型:版权
# Date Description
[+] 1 2024-02-07 COMPLAINT filed by Gerald J. Lofaro ; Filing fee $ 405, receipt number AILNDC-21616668.
2 2024-02-07 SEALED DOCUMENT by Plaintiff Gerald J. Lofaro Schedule A to Complaint 1
3 2024-02-07 CIVIL Cover Sheet
4 2024-02-07 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Keith A. Vogt
5 2024-02-07 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Yanling Jiang
6 2024-02-07 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Yi Bu
7 2024-02-07 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Adam Grodman
8 2024-02-07 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Cameron Eugene Mcintyre
9 2024-02-07 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Monica Rita Martin
10 2024-02-07 ATTORNEY Appearance for Plaintiff Gerald J. Lofaro by Christopher Romero
11 2024-02-08 MAILED copyright report to Registrar, Washington DC.
12 2024-02-20 MOTION by Plaintiff Gerald J. Lofaro for leave to file under seal
[+] 13 2024-02-20 MOTION by Plaintiff Gerald J. Lofaro for leave to file excess pages
[+] 15 2024-02-20 MEMORANDUM in support of 14 Exparte motion
[+] 16 2024-02-20 SEALED EXHIBIT by Plaintiff Gerald J. Lofaro Sealed Exhibit 2, Declaration of Gerald J. LoFaro regarding memorandum in support of motion, 15
17 2024-02-27 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 14 is granted. Plaintiff's motions for leave to file under seal 12 and to exceed page limitation 13 are granted. Enter temporary restraining order. Mailed notice
[+] 18 2024-02-27 Document removed per court order). Modified on 2/27/2024 (air
20 2024-02-27 MINUTE entry before the Honorable John J. Tharp, Jr: The Clerk is directed to remove entries 18 and 19 from the docket. These entries have errors that will be corrected with the following revised TRO. Mailed notice
22 2024-02-29 SURETY BOND in the amount of $ 192,000.00 posted by Gerald J. Lofaro. (Document not imaged)
23 2024-03-07 MOTION by Plaintiff Gerald J. Lofaro for preliminary injunction
26 2024-03-08 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction [23] is taken under advisement. Any objection or response is due before 3/12/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before March 12, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice
27 2024-03-12 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 23 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 3/19/2024 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4 Mailed notice
[+] 28 2024-03-12 PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 3/12/2024. Mailed notice
29 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 John J. Tharp, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 4/02/2024.
30 2024-04-16 MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Summons were issued on 2/27/2024 and Defendants' responses to the complaint were due by 3/28/2024 25. No Defendant has appeared or responded to the complaint as of the date of this Order. Plaintiff should file any motion for entry of default and default judgment by 5/6/2024. A telephone status hearing is set for 5/14/2024 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
31 2024-04-19 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
32 2024-05-02 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
33 2024-05-02 MOTION by Plaintiff Gerald J. Lofaro for default judgment as to Against the Defendants Identified in First Amended Schedule A
[+] 34 2024-05-02 MEMORANDUM by Gerald J. Lofaro in support of motion for default judgment 33
35 2024-05-02 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 33 before Honorable Sunil R. Harjani on 5/14/2024 at 09:15 AM.
36 2024-05-02 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 33 for entry of default and default judgment against the Defendants identified in First Amended Schedule A with the exception of the defendants that have settled with Plaintiff. 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 5/10/2024. 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 5/10/2024. 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. A tentative default judgment hearing is set for 5/23/2024 at 9:15 a.m. Mailed notice
37 2024-05-02 CERTIFICATE of Service by Plaintiff Gerald J. Lofaro regarding set/reset hearings, 36
38 2024-05-06 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 5/14/2024 is stricken. Tentative default judgment hearing remains set for 5/23/2024 at 9:15 a.m. Mailed notice
39 2024-05-12 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 89 YangLin02
40 2024-05-13 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 162 hlcurn
41 2024-05-20 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 33 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 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 37 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 5/23/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of one hundred ninety-two thousand dollar ($192,000) to Plaintiff or his counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604. Enter separate Default Final Judgment Order. Civil case terminated. Mailed notice
42 2024-05-20 DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 5/20/2024. Mailed notice