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2024-cv-10160

NBA Properties, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2024-10-14
原告：NBA Properties, Inc.
代理律所：GBC
诉讼类型：商标
# Date Description
[+] 1 2024-10-14 COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-22597886.
2 2024-10-14 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint[1]
3 2024-10-14 MOTION by Plaintiff NBA Properties, Inc. for leave to file under seal
4 2024-10-14 CIVIL Cover Sheet
5 2024-10-14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NBA Properties, Inc.
6 2024-10-14 Notice of Claims Involving Trademarks by NBA Properties, Inc.
7 2024-10-14 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio
8 2024-10-14 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler
9 2024-10-14 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin
[+] 10 2024-10-14 ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern
11 2024-10-15 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Courts standing order on Schedule A Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the Case Procedures tab. Please note that the tables requirements were revised on October 10, 2024. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by October 29, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice.
12 2024-10-28 NOTICE of Voluntary Dismissal by NBA Properties, Inc. as to Certain Defendants
13 2024-10-28 MOTION by Plaintiff NBA Properties, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2024-10-28 MEMORANDUM by NBA Properties, Inc. in support of motion for temporary restraining order 13
[+] 15 2024-10-28 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14
16 2024-10-28 DECLARATION of Lindsay Conn regarding memorandum in support of motion 14
[+] 17 2024-10-28 SEALED EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 - Parts 1-4 regarding declaration 16
[+] 18 2024-10-28 DECLARATION of Ayala Deutsch regarding memorandum in support of motion 14
19 2024-10-28 MOTION by Plaintiff NBA Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
20 2024-10-28 MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief 19
[+] 21 2024-10-28 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20
22 2024-10-28 SEALED DOCUMENT by Plaintiff NBA Properties, Inc. Schedule A Template per 11
[+] 25 2024-10-28 Registry Deposit Information Form by NBA Properties, Inc.
26 2024-11-06 MOTION by Plaintiff NBA Properties, Inc. for extension of time of Temporary Restraining Order
27 2024-11-06 MEMORANDUM by NBA Properties, Inc. in support of extension of time[26]
28 2024-11-06 DECLARATION of Allyson M. Martin regarding memorandum in support of motion[27]
29 2024-11-07 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for an extension of the TRO [26] is granted. The TRO is extended to November 25, 2024. Mailed notice.
[+] 30 2024-11-12 MOTION by Plaintiff NBA Properties, Inc. for preliminary injunction
[+] 31 2024-11-12 MEMORANDUM by NBA Properties, Inc. in support of motion for preliminary injunction[30]
[+] 32 2024-11-12 SUMMONS Returned Executed by NBA Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/12/2024, answer due 12/3/2024.
33 2024-11-13 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 30 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 November 18, 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. 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.
[+] 34 2024-11-13 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding order on motion for preliminary injunction, text entry, 33
35 2024-11-19 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 30 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 34 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 Greer, Burns & Crain Ltd, 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.
[+] 36 2024-11-19 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 11/19/2024. Mailed notice.
37 2024-12-02 ATTORNEY Appearance for Defendant Yiwu Langjia Trading Co., Ltd. by Jianyin Liu
38 2024-12-02 MOTION by Defendant Yiwu Langjia Trading Co., Ltd. to dismiss for lack of jurisdiction
39 2024-12-03 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to dismiss [38] is due by December 13, 2024 and Defendant's reply is due by December 23, 2024. Mailed notice.
40 2024-12-05 AFFIDAVIT of Yuanyuan Tian regarding motion to dismiss/lack of jurisdiction 38 in Support of Motion to Dismiss
[+] 41 2024-12-10 MOTION by Plaintiff NBA Properties, Inc. to Conduct Jurisdictional Discovery for Defendants Motion to Dismiss [38] and to Stay or Extend the Briefing Schedule [39] Opposed
42 2024-12-11 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for jurisdictional discovery [41] is entered and continued. The briefing schedule on the motion to dismiss [39] stands. Generally, a plaintiff must be able to establish a colorable or prima facie showing of personal jurisdiction before discovery should be permitted." See In re Sheehan, 48 F.4th 513, 526 (7th Cir. 2022) (cleaned up). This approach is consistent with the case law Plaintiff cites, including Zach v. The Individuals, 24-cv-1491, Dkt. 90 (ordering jurisdictional discovery after finding "Plaintiff has at least made a "prima facie showing of personal jurisdiction."); HAMANN GmbH v. The Individuals, 21-cv-5391, Dkt. 53 ("The Court finds the sum of these presentations sufficient to establish a prima facie showing of personal jurisdiction. Therefore, limited jurisdictional discovery is warranted.") Mailed notice.
43 2024-12-13 RESPONSE by NBA Properties, Inc.in Opposition to MOTION by Defendant Yiwu Langjia Trading Co., Ltd. to dismiss for lack of jurisdiction 38
[+] 44 2024-12-13 DECLARATION of Lijia Chen regarding response in opposition to motion 43
[+] 45 2024-12-13 DECLARATION of Justin R. Gaudio regarding response in opposition to motion 43
[+] 46 2024-12-18 REPLY by Yiwu Langjia Trading Co., Ltd. to MOTION by Defendant Yiwu Langjia Trading Co., Ltd. to dismiss for lack of jurisdiction [38]
47 2024-12-19 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Yiwu Langjia Trading Co., Ltd.'s motion to dismiss for lack of jurisdiction [38] is denied. Personal jurisdiction may be either general or specific. See Daimler AG v. Bauman, 571 U.S. 117, 12628 (2014), and NBA has established a prima facie case of specific personal jurisdiction over Yiwu Langjia Trading. Defendant's argument against specific personal jurisdiction is that it did not make any actual sales of the allegedly infringing products to Illinois. [Dkt. 38 at 5.] But as NBA points out, the complaint alleges that Defendant holds itself out as willing and able to sell counterfeit products to consumers in Illinois and that it has done so in the past. NBA also explains that in April 2024, Plaintiff's investigator ordered a counterfeit product from Defendant, entered a legitimate Illinois address for shipping, paid for the product, received an order confirmation. [Dkt. 43, 45.] Defendant argues that later in April the order was cancelled and never shipped, but the Court agrees with other decisions in this district that it cannot allow a defendant to avoid this Court's jurisdiction by apparently cancelling the order days after it was placed, particularly given circumstances surrounding described in Plaintiff's declaration. [Dkt. 44, 45.] Defendant's communications surrounding the order are sufficient to show purposeful availment because Defendant was ready, willing, and able to ship products to an Illinois address. NBA Properties, Inc. v. HANWJH, 46 F.4th 614, 624 (7th Cir. 2022) (purposeful direction aimed at Illinois where the defendant established an online storefront, indicated a willingness to sell to Illinois, and fulfilled an order by "intentionally shipping an infringing product to the customer's designated Illinois address.") The remining requirements for personal jurisdiction are also satisfied because the contact at issue relates to this suit and Defendant has taken steps to make its products, including those at issue in this case, available to Illinois customers. As such, it does not offend traditional notions of fair play and substantial justice for Defendant to defend against the claims in this forum. Defendant's answer is due by January 6, 2025. By January 13, 2025, the parties are to jointly propose a fact discovery schedule and if either party wishes to conduct jurisdictional discovery, it should be included in the proposed schedule to occur alongside fact discovery. The motion to stay or extend [41] is denied as moot. Mailed notice.
48 2024-12-21 ANSWER to Complaint with Jury Demand by Yiwu Langjia Trading Co., Ltd.
49 2024-12-23 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and Defendant Yiwu Langjia Trading Co., Ltd. are to confer and jointly propose a fact discovery schedule by January 3, 2025. Mailed notice.
53 2024-12-27 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
50 2024-12-30 STIPULATION of Dismissal Joint
51 2024-12-30 MINUTE entry before the Honorable Lindsay C. Jenkins: Pursuant to the stipulation of dismissal [50] as to the last remaining Defendant, the matter is dismissed with prejudice. Civil case terminated. Mailed notice.
[+] 52 2024-12-31 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Certain Defendants
54 2025-01-02 ATTORNEY Appearance for Defendant LANDONG-US by Sofia Quezada Hastings (Quezada Hastings, Sofia)
55 2025-01-02 MOTION by Defendant LANDONG-US for extension of time to file answer regarding complaint[1] (Quezada Hastings, Sofia)
56 2025-01-03 MINUTE entry before the Honorable Lindsay C. Jenkins:: Defendant LANDONG-US's motion for an extension of time 55 is granted. Defendant's responsive pleading is now due by February 1, 2025. Mailed notice.
57 2025-01-03 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for entry of consent judgment as to certain Defendants 52 is granted. Separate order to issue. Mailed notice.
58 2025-01-03 ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 1/3/2025. Mailed notice.
59 2025-01-21 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Defendant No. 110 - Joint
60 2025-01-22 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to approve the consent judgment [59] as to Defendant 110 is granted. Separate Order to issue. Mailed notice.
61 2025-01-22 ENTERED consent JUDGMENT as to Defendant 110 Signed by the Honorable Lindsay C. Jenkins on 1/22/2025. Mailed notice.
[+] 62 2025-01-24 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Certain Defendants
[+] 63 2025-01-24 MOTION by Plaintiff NBA Properties, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff NBA Properties, Inc. for default judgment as to Certain Defendants
64 2025-01-24 MEMORANDUM by NBA Properties, Inc. in support of motion for entry of default, motion for default judgment, 63
65 2025-01-24 EXHIBIT by Plaintiff NBA Properties, Inc. Exhibit 1 regarding memorandum in support of motion 64
[+] 66 2025-01-24 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 64
67 2025-01-27 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 63 for entry of default and default judgment against certain 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 February 3, 2025. 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 January 30, 2025. A hearing 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. Mailed notice.
68 2025-01-27 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for a consent judgment 62 is granted. Separate order to issue. Mailed notice.
69 2025-01-27 ENTERED CONSENT JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 1/27/2025. Mailed notice.
[+] 70 2025-01-27 CERTIFICATE of Service by Plaintiff NBA Properties, Inc. regarding text entry, 67
71 2025-02-02 ATTORNEY Appearance for Defendant Kunshan Shengyide Metal Crafts Co., Ltd. by Adam Edward Urbanczyk
72 2025-02-02 MOTION by Defendant Kunshan Shengyide Metal Crafts Co., Ltd. for extension of time
73 2025-02-03 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Kunshan Shengyide Metal Crafts Co., Ltd's motion for extension of time [72] is granted. This Defendant's responsive pleading is now due by February 24, 2025. Mailed notice.
74 2025-02-04 MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendant Kunshan Shengyide Metal Crafts Co., Ltd. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [63] 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 Clerk is directed to return the surety bond posted. Enter Partial Final Judgment Order. Mailed notice.
75 2025-02-04 ENTERED PARTIAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 2/4/2025. Mailed notice.
76 2025-02-06 FULL SATISFACTION of Judgment regarding entered judgment[75] in the amount of $100,000 as to certain defendant
77 2025-02-20 FULL SATISFACTION of Judgment regarding entered judgment[75] in the amount of $100,000 as to certain defendants
[+] 78 2025-02-26 MOTION by Plaintiff NBA Properties, Inc. to approve consent judgment as to Defendant No. 43
79 2025-02-27 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to approve a consent judgment [78] is granted. Separate order to issue. Mailed notice.
80 2025-02-27 ENTERED CONSENT JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 2/27/2025. Mailed notice.
81 2025-02-27 FULL SATISFACTION of Judgment regarding entered judgment[75] in the amount of $100,000 as to certain defendants
82 2025-03-13 FULL SATISFACTION of Judgment regarding entered judgment[75] in the amount of $100,000 as to certain defendants
83 2025-03-27 FULL SATISFACTION of Judgment regarding entered judgment[75] in the amount of $100,000 as to certain defendant
84 2025-04-17 SATISFACTION of Judgment regarding entered judgment 75 in the amount of $100,000 as to certain defendant