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2025-cv-04313

Alison Friend v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院：伊利诺伊州北法院
发案日期：2025-04-21
原告：Alison Friend
代理律所：Keith
诉讼类型：版权
# Date Description
[+] 1 2025-04-21 COMPLAINT filed by Alison Friend; Filing fee $ 405, receipt number AILNDC-23374433.
2 2025-04-21 SEALED DOCUMENT by Plaintiff Alison Friend Schedule A to Complaint 1
3 2025-04-21 CIVIL Cover Sheet
4 2025-04-21 ATTORNEY Appearance for Plaintiff Alison Friend by Keith A. Vogt
5 2025-04-21 ATTORNEY Appearance for Plaintiff Alison Friend by Yanling Jiang
6 2025-04-21 ATTORNEY Appearance for Plaintiff Alison Friend by Yi Bu
7 2025-04-21 ATTORNEY Appearance for Plaintiff Alison Friend by Adam Grodman
8 2025-04-21 ATTORNEY Appearance for Plaintiff Alison Friend by Cameron Eugene Mcintyre
9 2025-04-21 ATTORNEY Appearance for Plaintiff Alison Friend by Monica Rita Martin
[+] 10 2025-04-21 ATTORNEY Appearance for Plaintiff Alison Friend by Christopher Romero
11 2025-04-22 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. 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 April 29, 2025, the Court may dismiss this matter for failure to prosecute. Mailed notice.
12 2025-04-22 MAILED Copyright report to Registrar, Washington DC.
13 2025-04-28 SEALED DOCUMENT by Plaintiff Alison Friend Schedule A Template Schedule of Defendants to the Complaint 1 and Schedule A 2
14 2025-04-28 MOTION by Plaintiff Alison Friend for leave to file under seal
15 2025-04-28 MOTION by Plaintiff Alison Friend for leave to file excess pages
[+] 17 2025-04-28 MEMORANDUM in Support of 16 Exparte Motion
[+] 18 2025-04-28 SEALED EXHIBIT by Plaintiff Alison Friend Sealed Exhibit 2, Declaration of Alison Friend regarding memorandum in support of motion, 17
19 2025-04-29 SEALED ORDER Signed by the Honorable Lindsay C. Jenkins on 4/29/2025. Mailed notice.
20 2025-04-29 SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 4/29/2025. Mailed notice.
22 2025-04-29 SUMMONS Issued (Court Participant) as to Defendant LAN LAN Store and all other defendants identified in the Complaint
23 2025-05-05 SURETY BOND in the amount of $ 10,000.00 posted by Alison Friend
24 2025-05-08 MOTION by Plaintiff Alison Friend for extension of time for Temporary Restraining Order
25 2025-05-09 MOTION by Plaintiff Alison Friend for preliminary injunction
[+] 26 2025-05-09 MEMORANDUM by Alison Friend in support of motion for preliminary injunction 25
27 2025-05-09 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO 24 is granted. The TRO is extended to May 27, 2025. Mailed notice.
[+] 28 2025-05-09 SUMMONS Returned Executed by Alison Friend as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/9/2025, answer due 5/30/2025.
29 2025-05-09 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 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 May 14, 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." Mailed notice.
30 2025-05-09 CERTIFICATE of Service by Plaintiff Alison Friend regarding order on motion for preliminary injunction, text entry, 29
31 2025-05-15 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 25 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 30 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.
[+] 32 2025-05-15 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/15/2025. Mailed notice.
33 2025-05-23 ATTORNEY Appearance for Defendants A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good by Ruixin Lu
34 2025-05-30 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
35 2025-06-02 MOTION by Plaintiff Alison Friend for default judgment as to The Defendants Identified In First Amended Schedule A
[+] 36 2025-06-02 MEMORANDUM by Alison Friend in support of motion for default judgment 35
37 2025-06-02 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 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 June 9, 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 June 5, 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.
38 2025-06-02 CERTIFICATE of Service by Plaintiff Alison Friend regarding text entry, 37
39 2025-06-06 MOTION by Defendants A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good to set a briefing schedule
40 2025-06-09 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to set a briefing schedule 39 is partly granted and partly denied. Any motion to vacate the entry of default as to the moving defendants is due by June 13, 2025. Plaintiff's response is due by June 20, 2025. No replies unless the court requests a reply. Mailed notice.
41 2025-06-09 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants
42 2025-06-11 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants who have appeared and sought to vacate the entry of default in docket entry 39. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 35 is granted. Enter Final Judgment Order as to certain defendants. Mailed notice.
[+] 43 2025-06-13 MOTION by Defendants A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good to set aside default Judgment and Dismiss
44 2025-06-16 MINUTE entry before the Honorable Lindsay C. Jenkins: The June 26, 2025 notice of motion date is stricken. Plaintiff's response to the moving Defendants' motion to set aside default and motion to dismiss remains due by June 20, 2025. Mailed notice.
[+] 45 2025-06-20 RESPONSE by Alison Friendin Opposition to MOTION by Defendants A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative pa 43
46 2025-06-20 SEALED DOCUMENT by Plaintiff Alison Friend, Exhibit 3 to Plaintiff's Response to Defendant's Motion to Set Aside Default and Default Judgment and to Dismiss for Lack of Personal Jurisdition 43
47 2025-06-23 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good. Enter default judgment order as to certain defendants pursuant to docket entry 42. Mailed notice.
48 2025-06-23 DEFAULT JUDGMENT ORDER as to certain defendants Signed by the Honorable Lindsay C. Jenkins on 6/23/2025. Mailed notice.
49 2025-06-23 MINUTE entry before the Honorable Lindsay C. Jenkins: Certain Defendants seek to vacate the default judgment. To set aside a default, the movant must show good cause for the default, quick action to correct it, and a meritorious defense. See Wehrs v. Wells, 688 F.3d 886, 890 (7th Cir. 2012).There is no dispute that counsel for the moving Defendants filed an appearance on the docket in late May 2025 33 but took no action to answer, respond, or otherwise promptly defend themselves, even after the motion for default was filed and the court indicated its intentions for ruling on that motion. That posture does not establish good cause for the default. Plaintiff argues that even if the court is inclined to overlook the lack of promptness, Defendants' storefronts functioned as a fully operational and interactive sales channel, including with "fulfillment from Local Warehouse facilities near Chicago, Illinois." [Dkt. 45 at 5; Dkt. 45-1.] The documentation Plaintiff submitted indeed suggests that Defendants, through Temu, use warehouses in this district for shipping their products. By June 30, 2025, Defendants shall submit a reply brief, not to exceed 5 pages, that squarely addresses the assertions concerning one or more local warehouse(s). Mailed notice.
[+] 50 2025-06-30 REPLY by A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good to response in opposition to motion, 45
51 2025-07-01 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to vacate 43 is granted under FRCP 60(b) for good cause shown. Though the moving defendants did not promptly answer, respond, or otherwise promptly defend themselves, it appears they have at least one meritorious defense: lack of personal jurisdiction. The Court looks to Illinois' long-arm statute to determine whether it was proper to exercise personal jurisdiction over the moving Defendants. NBA Props., Inc. v. HANWJH, 46 F.4th 614, 620 (7th Cir. 2022); see also 735 ILCS 5/2-209(c). Illinois' long-arm statute permits the exercise of jurisdiction to the full extent allowed by the Fourteenth Amendment's Due Process Clause. Philos Techs., Inc. v. Philos & D, Inc., 645 F.3d 851, 912 (7th Cir. 2011). The Due Process Clause is satisfied where the defendant has "minimum contacts" with the forum state such that requiring it to defend in the forum would not offend "traditional notions of fair play and substantial justice." be2 LLC v. Ivanov, 642 F.3d 555, 558 (7th Cir. 2011) (citing Int'l Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)). Such minimum contacts for specific personal jurisdiction requires that "(1) the defendant has purposefully directed his activities at the forum state or purposefully availed himself of the privilege of conducting business in the state; (2) the alleged injury arises out of or relates to the defendant's forum-related activities; and (3) any exercise of personal jurisdiction must comport with traditional notions of fair play and substantial justice." Rogers v. City of Hobart, Ind., 996 F.3d 812, 819 (7th Cir. 2021) (citing Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 398 (7th Cir. 2020)). Here, Plaintiff suggests that Defendants use of "local warehouses" establishes "clear jurisdiction," but Defendants' submission shows that those warehouses are not in Illinois, so the court lacks personal jurisdiction over these Defendants. Nor does Rule 4(k)(2) apply. That rule requires, among other things, that the defendant not be subject to jurisdiction in any state's courts of general jurisdiction, and here Defendants concede that they would be subject to the jurisdiction of those states where they do maintain warehouses (Florida, New York, California, Nevada, Georgia, and Arkansas). Accordingly, the Court vacates the default judgment entered as to the moving Defendants only. The injunction entered as to these Defendants are dissolved. Defendant A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good are dismissed from this action without prejudice for lack personal jurisdiction. There are no remaining Defendants in the case, so the clerk is directed to close it. Civil case terminated. Mailed notice.
52 2025-07-01 ENTERED JUDGMENT on 7/1/2025. Mailed notice.
53 2025-07-02 MAILED copyright report to Registrar, Washington DC
54 2025-07-17 MOTION by Plaintiff Alison Friend for reconsideration regarding order on motion to set aside default, terminate hearings, terminated case, 51
55 2025-07-18 MINUTE entry before the Honorable Lindsay C. Jenkins: Counsel for Defendants A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good may file a response brief by July 25, 2025, otherwise the court will consider whether to reopen the case for the purpose of a venue transfer under 28 U.S.C. § 1631. Mailed notice.
56 2025-07-25 RESPONSE by A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good to MOTION by Plaintiff Alison Friend for reconsideration regarding order on motion to set aside default, terminate hearings, terminated case, 51 54
[+] 57 2025-07-30 SUPPLEMENT to motion for reconsideration 54 Notice of Supplemental Authority in Connection 54 51
58 2025-07-30 MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for reconsideration 54 is granted. The clerk is directed to reopen the case and reinstate the following Defendants: A one poster, Art of living poster design, Artful Livin Wall Wonders Aesthetic Haven, Beautiful flowers means love, Beautiful poster painting, Beautiful poster style, Canvas Classics One, Decorative Painting Superman, Decorative painting girl, Decorative painting guy, Oil painting lll, Sungharbor Home, Wonderful Poster Showcase, Wonderful unique poster, Yangguan Poster, just poster, one apple poster, poste two, poster good. The clerk is directed to transfer to the Southern District of Florida pursuant to 28 U.S.C. § 1631. See attached order for further details. Civil case transferred forthwith. Mailed notice.
59 2025-07-30 ORDER written by the Honorable Lindsay C. Jenkins on 7/30/2025. Mailed notice.
60 2025-08-01 TRANSFERRED to the Southern District of Florida the electronic record.