TRO101 logo TRO101

2025-cv-00436

Melis v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院：伊利诺伊州北法院
发案日期：2025-01-15
原告：Anna Melis
代理律所：Keith
诉讼类型：版权
# Date Description
[+] 1 2025-01-15 COMPLAINT filed by Anna Melis; Filing fee $ 405, receipt number AILNDC-22954585.
2 2025-01-15 SEALED DOCUMENT by Plaintiff Anna Melis Schedule A to Complaint 1
3 2025-01-15 CIVIL Cover Sheet
4 2025-01-15 ATTORNEY Appearance for Plaintiff Anna Melis by Keith A. Vogt
5 2025-01-15 ATTORNEY Appearance for Plaintiff Anna Melis by Adam Grodman
6 2025-01-15 ATTORNEY Appearance for Plaintiff Anna Melis by Cameron Eugene Mcintyre
7 2025-01-15 ATTORNEY Appearance for Plaintiff Anna Melis by Christopher Romero
8 2025-01-15 ATTORNEY Appearance for Plaintiff Anna Melis by Monica Rita Martin
9 2025-01-15 ATTORNEY Appearance for Plaintiff Anna Melis by Yanling Jiang
[+] 10 2025-01-15 ATTORNEY Appearance for Plaintiff Anna Melis by Yi Bu
11 2025-01-15 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's 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 table's 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 January 22, 2025, the Court may dismiss this matter for failure to prosecute. Mailed notice.
12 2025-01-17 MAILED copyright report to Registrar, Washington DC
13 2025-01-22 SEALED DOCUMENT by Plaintiff Anna Melis Schedule A Template Schedule of Defendants to the Complaint 1 and Schedule A 2
14 2025-01-22 MOTION by Plaintiff Anna Melis for leave to file under seal
15 2025-01-22 MOTION by Plaintiff Anna Melis for leave to file excess pages
[+] 17 2025-01-22 MEMORANDUM in Support of 16 Exparte Motion
[+] 18 2025-01-22 SEALED EXHIBIT by Plaintiff Anna Melis Sealed Exhibit 2, Declaration of Anna Melis regarding memorandum in support of motion, 17
19 2025-01-23 SEALED ORDER Signed by the Honorable Lindsay C. Jenkins on 1/23/2025. Mailed notice.
20 2025-01-23 SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 1/23/2025. Mailed notice.
21 2025-01-30 SURETY BOND in the amount of $ 10,000 posted by Anna Melis. (Document not scanned)
22 2025-02-04 MOTION by Plaintiff Anna Melis for preliminary injunction
[+] 23 2025-02-04 MEMORANDUM by Anna Melis in support of motion for preliminary injunction 22
[+] 24 2025-02-04 SUMMONS Returned Executed by Anna Melis as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/4/2025, answer due 2/25/2025.
25 2025-02-05 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 22 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 February 10, 2025." 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.
26 2025-02-05 CERTIFICATE of Service by Plaintiff Anna Melis regarding order on motion for preliminary injunction, text entry, 25
27 2025-02-10 ATTORNEY Appearance for Defendants KACC BABY STORES, Three Cat by Sandra Cristina Perez-blackmar
28 2025-02-10 DEFENDANTS, (No. 55) KACC BABY STORES and (No. 84) Three Cat, NOTICE OF OPPOSITION TO PLAINTIFFS PRELIMINARY INJUNCTION [D.E. 22] by KACC BABY STORES, Three Cat
29 2025-02-10 DEFENDANTS, (No. 55) KACC BABY STORES and (No. 84) Three Cat, AMENDED NOTICE OF OPPOSITION TO PLAINTIFFS PRELIMINARY INJUNCTION [D.E. 22] by KACC BABY STORES, Three Cat
30 2025-02-11 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants brief in opposition to the motion for a preliminary injunction is due by February 18, 2025. Plaintiff may reply by February 25, 2025. The matter is set for a hearing on February 27, 2025 at 9:15 a.m. in Courtroom 2119, where counsel must appear in person. Mailed notice.
31 2025-02-19 MINUTE entry before the Honorable Lindsay C. Jenkins: Moving Defendants' brief in opposition to the motion for a preliminary injunction was due by February 18, 2025 but nothing was filed. If no response is filed by February 21, 2025, the Court will assume that the moving Defendants no longer oppose the preliminary injunction and it will enter the appropriate order. Mailed notice.
32 2025-02-21 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
33 2025-02-24 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant No. 55 KACC BABY STORES did not file any brief in opposition to the preliminary injunction by either deadline set by the Court [see 30, 31], so the Court assumes it no longer opposes the preliminary injunction. In light of the notice of dismissal as to Defendant 84, Three Cat, Plaintiff should email an updated preliminary injunction order to the Court's PO Box by February 25, 2025. The preliminary injunction hearing set for February 27, 2025 at 9:15 a.m. is stricken. Mailed notice.
34 2025-02-24 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 22 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 26 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 Keith Vogt, 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.
35 2025-02-24 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 2/24/2025. Mailed notice.
36 2025-02-24 ATTORNEY Appearance for Defendant Cube Lover by Timothy Tiewei Wang
[+] 37 2025-02-24 MOTION by Defendant Cube Lover for extension of time to file answer regarding complaint[1] Unopposed
38 2025-02-24 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
39 2025-02-25 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Cub Lover's unopposed motion for an extension of time [37] is granted. The responsive pleading is now due by March 11, 2025. Mailed notice.
40 2025-02-25 ATTORNEY Appearance for Defendants CANHUI Co.Ltd, MOHAO Co.Ltd, SIJI Co.Ltd, ZHIWEI Co.Ltd by He Cheng
41 2025-02-25 ANSWER to Complaint by SIJI Co.Ltd
42 2025-02-25 ANSWER to Complaint by CANHUI Co.Ltd
43 2025-02-25 ANSWER to Complaint by ZHIWEI Co.Ltd
44 2025-02-25 ANSWER to Complaint by MOHAO Co.Ltd
45 2025-02-26 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and the answering Defendants are to confer and jointly propose a Rule 26(f) fact discovery schedule by March 5, 2025. This order does not apply to Defendant Cube Lover. Mailed notice.
46 2025-02-26 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
47 2025-02-26 MOTION by Plaintiff Anna Melis for default judgment as to the Defendants Identified in First Amended Schedule A
[+] 48 2025-02-26 MEMORANDUM by Anna Melis in support of motion for default judgment[47]
49 2025-02-27 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants Cube Lover, CANHUI Co.Ltd, MOHAO Co.Ltd, SIJI Co.Ltd, ZHIWEI Co.Ltd Before the Court is Plaintiff's motion 47 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 March 6, 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 March 3, 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.
50 2025-02-27 CERTIFICATE of Service by Plaintiff Anna Melis regarding order on motion for default judgment, text entry, 49
51 2025-03-05 JOINT RULE 26 DISCOVERY PLAN by Anna Melis
52 2025-03-06 MINUTE entry before the Honorable Lindsay C. Jenkins: The matter is set for a telephone conference on March 13, 2025 at 9:00 a.m. The Court is not prepared to adopt the discovery schedule proposed by the parties because it contemplates more time than appears necessary for fact and expert discovery in a case of this size. The parties should confer and be prepared to propose shorter deadlines for expert and fact discovery during the call. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 855-244-8681, Access Code: 2302 225 8245. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.
53 2025-03-07 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
54 2025-03-07 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants Cube Lover, CANHUI Co.Ltd, MOHAO Co.Ltd, SIJI Co.Ltd, ZHIWEI Co.Ltd. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 47 is granted. Enter Final Judgment Order. Mailed notice.
55 2025-03-07 DEFAULT JUDGMENT ORDER as to certain defendants Signed by the Honorable Lindsay C. Jenkins on 3/7/2025. Mailed notice.
56 2025-03-13 MINUTE entry before the Honorable Lindsay C. Jenkins: Telephonic status hearing held. Counsel for Plaintiff appeared by phone. The Court enters the following discovery schedule as proposed by the parties: Rule 26(a)(1) disclosures are due by March 28, 2025; initial written discovery may issue beginning on March 28, 2025; any amendments to the pleadings must be made by July 11, 2025. Expert disclosures by Plaintiff are due by May 23, 2025 and Plaintiff's expert reports are due by July 18, 2025; Defendants' expert disclosures are due by June 20, 2025 and Defendants' expert reports are due by August 1, 2025. Expert depositions must conclude by September 26, 2025. All discovery, fact and expert, shall be noticed in time for completion by October 24, 2025. By October 3, 2025, the parties are to jointly file a status report that confirms all discovery will conclude on schedule. Mailed notice.
57 2025-03-25 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
58 2025-03-25 SATISFACTION of Judgment as to [certain] defendants
59 2025-03-26 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
[+] 60 2025-03-31 MOTION by Defendant CANHUI Co.Ltd to modify asset restraint
61 2025-04-01 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion by Defendant CANHUI Co.Ltd to modify the asset restraint is due by April 11, 2025 and Defendant's reply is due by April 21, 2025. Mailed notice.
[+] 62 2025-04-11 RESPONSE by Anna Melisin Opposition to MOTION by Defendant CANHUI Co.Ltd to modify asset restraint 60
63 2025-04-11 MOTION by Plaintiff Anna Melis to Require Compliance with Local Rule 3.2
64 2025-04-16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SIJI Co.Ltd
65 2025-04-16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MOHAO Co.Ltd
66 2025-04-16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ZHIWEI Co.Ltd
67 2025-04-16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CANHUI Co.Ltd
68 2025-04-16 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for compliance with LR 3.2 63 is granted. Mailed notice.
[+] 69 2025-04-21 REPLY by CANHUI Co.Ltd to response in opposition to motion[62]
70 2025-04-23 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Canhui Co.'s motion to modify the asset restraint [60] is denied. The Court has authority to freeze assets "to preserve an equitable accounting of profits, a remedy provided to counterfeiting victims by 15 U.S.C. § 1117(a)." Klipsch Grp., Inc. v. Big Box Store, Ltd., 2012 WL 5265727, at *4 (S.D.N.Y. Oct. 24, 2012.) That said, "the appropriate scope of prejudgment restraint must be limited only to what is reasonably necessary to secure the (future) equitable relief." Deckers Outdoor Corp. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 2013 WL 12314399, at *2 (N.D. Ill. Oct. 31, 2013). "To exempt assets from an asset freeze, the burden is on the party seeking relief to present documentary proof that particular assets are not the proceeds of counterfeiting activities." Monster Energy Co. v. Wensheng, 136 F. Supp. 3d 897, 910 (N.D. Ill. 2015). In a prior order, the Court restrained Canhui Co.'s assets in the amount of $10,127.56. Canhui Co. proposes a partial modification to allow Walmart.com to release all but $1,000 of this amount because it terminated its Walmart.com storefront account in October 2024 before the lawsuit was filed and there is no ongoing infringement such that the amount restrained is disproportionate to any harm. The Court agrees with Melis, however, that Canhui Co. has not submitted sufficient documentary evidence to support its claim that it has not sold any accused products. The screenshots provided are not detailed and do not include an accounting of the restrained funds. Indeed, the screenshots provided suggests product sales approaching $19,000 for the period spanning October 2024 through April 2025. [Dkt. 60-1 at 8.] Defendant says that this amount reflects sales prior to October 2024 as well as refunds and chargebacks, but in the end, without documentary evidence accounting for the restrained funds, the Court declines to disturb the prior ruling. Roadget Bus. Pte. Ltd. v. Schedule A Hereto, No. 24 C 607, Doc. 77 (N.D. Ill. Apr. 16, 2024) (granting motion to modify asset restraint when defendants provided data obtained from online sales platform with accompanying affidavit from employee at online sales platform explaining how the platform collected the data). Antsy Labs, LLC v. Schedule A Hereto, No. 21 C 3289, 2022 WL 17176498, at *4 (N.D. Ill. Nov. 23, 2022). This denial, however, is without prejudice to renewal. Should Canhui Co. compile admissible, verifiable documentary evidence that shows the amount of assets restrained is disproportionate to the amount generated through allegedly infringing sales, the Court will consider modifying the asset restraint at that time. Mailed notice.
71 2025-04-23 MOTION by Plaintiff Anna Melis for leave to file excess pages
72 2025-04-23 MOTION by Plaintiff Anna Melis for summary judgment, a Statutory Damages Award, and, MOTION by Plaintiff Anna Melis for permanent injunction
[+] 73 2025-04-23 Local Rule 56.1(a) Statement of Material Facts as to Which There is No Genuine Issue and Which Entitles Her to Summary Judgment STATEMENT by Anna Melis
74 2025-04-23 MEMORANDUM by Anna Melis in support of motion for summary judgment, motion for permanent injunction[72] as to the Defendants Nos. 156, 157, 190, and 196
75 2025-04-24 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court was not anticipating summary judgment motions until after the close of fact and expert discovery, particularly given that fact discovery only recently began [see docket entry 56]. Also, piecemeal motions are disfavored by the Court and the motion only applies to Defendant Nos. 156 ZHIWEI Co. Ltd, 157 CANHUI Co. Ltd, 190 SIJI Co. Ltd, and 196 MOHAO Co. Ltd. The filing did not propose an agreed briefing schedule as required by the Court's standing order. Counsel for Plaintiff and the impacted Defendants are to confer and file a joint statement on the docket by April 30, 2025 that sets forth Defendants' position on whether discovery is necessary for its response to the motion, and if not, the parties proposed dates for a response and reply brief. Mailed notice
76 2025-04-25 SATISFACTION of Judgment as to defendant no. 17 Gfauzkorr and defendant no. 74 BCDshop
77 2025-04-30 JOINT STATEMENT by Anna Melis
78 2025-05-01 MINUTE entry before the Honorable Lindsay C. Jenkins: The Cheng Defendants believe that a limited amount of discovery is necessary to respond to the motion, which has been requested by a subpoena. Defendants' response to the motion for summary judgment is due June 17, 2025; Plaintiff's reply is due by July 8, 2025. Mailed notice.
79 2025-05-21 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for excess pages [71] is granted. Mailed notice.
80 2025-05-23 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 157 CANHUI Co.Ltd
81 2025-05-23 SATISFACTION of Judgment as to [certain] defendants
82 2025-06-10 SATISFACTION of Judgment as to [certain] defendants
83 2025-06-10 SATISFACTION of Judgment as to defendant no. 34 XAZEIC and to defendant no. 76Kunxichao
84 2025-06-16 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
85 2025-06-17 MOTION by Defendants MOHAO Co.Ltd, SIJI Co.Ltd, ZHIWEI Co.Ltd for extension of time to file response/reply as to motion for summary judgment, motion for permanent injunction[72] [Unopposed]
86 2025-06-18 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants MOHAO Co.Ltd, SIJI Co.Ltd, ZHIWEI Co.Ltd's unopposed motion for an extension of time 85 is granted. These Defendants' response to summary judgment is now due by June 24, 2025 and any reply is due by July 15, 2025. Mailed notice.
87 2025-06-24 RESPONSE by MOHAO Co.Ltd, SIJI Co.Ltd, ZHIWEI Co.Ltd to MOTION by Plaintiff Anna Melis for summary judgment, a Statutory Damages Award, and MOTION by Plaintiff Anna Melis for permanent injunction 72
[+] 88 2025-06-24 DECLARATION of He Cheng regarding response to motion, 87
89 2025-06-24 RESPONSE by Defendants MOHAO Co.Ltd, SIJI Co.Ltd, ZHIWEI Co.Ltd to statement, 73 Response to Plaintiff's Local Rule 56.1 Statement of Material Facts
90 2025-07-11 SATISFACTION of Judgment as to defendant no. 122 Shibufan Tech
91 2025-07-15 MOTION by Plaintiff Anna Melis for extension of time [86]
92 2025-07-16 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for extension of time 91 is granted. Plaintiff's reply is now due by July 29, 2025. Mailed notice.
93 2025-07-29 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant Nos. 156 ZHIWEI Co.Ltd, 190 SIJI Co.Ltd, and 196 MOHAO Co.Ltd
94 2025-07-31 MINUTE entry before the Honorable Lindsay C. Jenkins:A stipulation of dismissal has been filed as to the remaining Defendants No. 156 ZHIWEI Co. Ltd, No. 190 SIJI Co. Ltd, and No. 196 MOHAO Co. Ltd. The motion for summary judgment 72 is denied as moot. There is no work left for the court to do so the case can be closed. Civil case terminated. Mailed notice
95 2025-08-01 MAILED copyright report to Registrar, Washington DC.