最近更新:2024-12-25
更新

2023-cv-15059

Export Commodity, LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:10/27/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
01/17/2025 FULL SATISFACTION of Judgment as to a certain Defendant
09/19/2024 FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 9/19/2024. Mailed notice.
09/19/2024 ORDER: Plaintiff's motion [54] seeking a default judgment is granted. Enter separate Final Judgment Order. Any other pending motions are dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 9/19/2024. Mailed notice.
09/19/2024 CONSENT JUDGMENT ORDER signed by the Honorable John F. Kness on 9/19/2024. Mailed notice.
09/19/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion to approve consent judgment [48] is granted. Enter separate Consent Judgment Order. Mailed notice.
09/19/2024 MINUTE entry before the Honorable John F. Kness: The stipulated motion [58] of Plaintiff and Defendant childschicks (Def. 237) to vacate default and dismiss with prejudice is granted. Consistent with FRCP 55(c) and 41(a)(2), the default entered against Defendant childschicks is vacated, and that Defendant is dismissed with prejudice. The hearing set for 9/20/2024 is stricken. Plaintiff's pending motions for entry of a consent judgment and default judgment will be resolved by separate orders. Mailed notice.
09/19/2024 STIPULATION of Dismissal and Set Aside Default as to Def. 237 Childschicks
09/16/2024 REPLY by childschicks to response in opposition to motion, [66]
附件:
1:Authority without Westlaw Citation, per J. Kness Procedures
2:Exhibit 2 - Internet evidence showing DMARC failures may lead to non-deliverabi
3:Exhibit 1 - Internet evidence showing issues with mass email from Outlook issue
09/03/2024 RESPONSE by Export Commodity LLCin Opposition to MOTION by Defendant childschicks to vacate order on motion to dismiss/lack of jurisdiction, text entry, [59] OPPOSED MOTION by Defendant childschicks for extension of time to file answer regarding amended complaint[11] OPPOSED [60]
附件:
1:Exhibit A-F
2:Declaration of Alison K. Carter
08/30/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to certain defendants
08/22/2024 MINUTE entry before the Honorable John F. Kness: An in-person motion hearing is set for 9/20/2024 at 9:00 A.M. on Defendant childschicks' motion to vacate [60].The hearing will be held in Courtroom 2125. Mailed notice.
08/22/2024 ENTERED IN ERROR
08/13/2024 STATEMENT REGARDING BRIEFING SCHEDULE ON CHILDSCHICKS MOTION TO VACATE DEFAULT AND FOR ENLARGEMENT OF TIME STATEMENT by childschicks
08/13/2024 MEMORANDUM by childschicks in support of motion to vacate, motion for extension of time to file answer, [60] OPPOSED
附件:
1:Copies of non-reported cases without Westlaw citations in brief
2:Exhibit 5 - Declaration of Jonathan Phillips
3:Exhibit 4 - Publications demonstrating issues with using Outlook for mass maili
4:Exhibit 3 - Email from Plaintiff's counsel re: means of service
5:Exhibit 2 - Email correspondence between R Childs and Plaintiff's counsel
6:Exhibit 1 - Declaration of R Childs
08/13/2024 MOTION by Defendant childschicks to vacate order on motion to dismiss/lack of jurisdiction, text entry, [59] OPPOSED, MOTION by Defendant childschicks for extension of time to file answer regarding amended complaint[11] OPPOSED
08/07/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion [54] for entry of default against all Defendants is granted, as all remaining Defendants have failed either to plead or to otherwise timely defend against this action. Default is thus entered under Rule 55(a) of the Federal Rules of Civil Procedure. The motion [56] of Defendant childschicks to dismiss for lack of jurisdiction is denied without prejudice. Defendant has failed to address under FRCP 6 the lateness of this motion or whether that lateness is excusable (the deadline to respond to the complaint was 3/20/2024). If Defendant childschicks seeks to renew its arguments in favor of dismissal, it must seek leave to do so and must address both whether good cause exists for an extension of time and whether Defendant's delay was due to excusable neglect (see FRCP 6(b)(1)(B)). Any such motion seeking leave must be filed on or before 8/14/2024. Defendants childschicks, which is also in default (its motion to dismiss came after Plaintiff's motion for entry of default), may include in any FRCP 6 motion it files a request under FRCP 55(c) to set aside the entry of default. Plaintiff's motion for entry of default judgment is entered and continued pending resolution of the case against Defendant childschicks. Mailed notice
08/06/2024 RESPONSE by childschicksin Opposition to MOTION by Plaintiff Export Commodity LLC for entry of default as to all remaining Defendants MOTION by Plaintiff Export Commodity LLC for default judgment as to all remaining Defendants [54]
08/06/2024 MEMORANDUM by childschicks in support of motion to dismiss/lack of jurisdiction, [56] and for fee award
附件:
1:Exhibit 3 - Printout from .au registration authority
2:Exhibit 2 - Declaration of Rachael Childs
3:Exhibit 1 - Markup of "Evidence" from Plaintiff
08/06/2024 MOTION by Defendant childschicks to dismiss for lack of jurisdiction, MOTION by Defendant childschicks to dismiss for lack of proper service
08/06/2024 MEMORANDUM by Export Commodity LLC in support of motion for entry of default, motion for default judgment, [54]
附件:
1:Declaration of Alison K. Carter
08/06/2024 MOTION by Plaintiff Export Commodity LLC for entry of default as to all remaining Defendants, MOTION by Plaintiff Export Commodity LLC for default judgment as to all remaining Defendants
附件:
1:Exhibit 1 - Schedule A
08/03/2024 ATTORNEY Appearance for Defendant childschicks by Jonathan Lucas Allen Phillips
08/02/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to certain Defendants
07/19/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to a certain Defendant
07/17/2024 ATTORNEY Appearance for Defendant toysace by Baruch Simcha Gottesman for Trendha Express, LLC of California (referred to as "toysace" in Schedule A)
06/24/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion [48] seeking approval of a consent judgment as to certain Defendants is entered and continued pending resolution of the case in its entirety. See Fed. R. Civ. P. 54(b). Mailed notice.
06/18/2024 MOTION by Plaintiff Export Commodity LLC to approve consent judgment as to certain Defendants
06/18/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to a certain Defendant
05/28/2024 MINUTE entry before the Honorable John F. Kness: In light of the notice of voluntary dismissal filed [45] dismissing Defendant beautifuldeer, the motion hearing set for 5/29/2024 is stricken. Defendant beautifuldeer's motion to dismiss the amended complaint [39] is dismissed as moot. Mailed notice.
05/28/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC without prejudice as to a certain Defendant
05/28/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to certain Defendants
05/21/2024 MINUTE entry before the Honorable John F. Kness: A telephonic motion hearing on Defendant's motion to dismiss [39] is set for 5/29/2024 at 10:00 A.M. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice.
05/20/2024 MINUTE entry before the Honorable John F. Kness: Motions by counsel for leave to appear pro hac vice [38], [40] are granted. Mailed notice.
05/20/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to a certain Defendant
05/14/2024 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21962871.
05/13/2024 MOTION by Defendant beautifuldeer to dismiss the amended complaint, MOTION by Defendant beautifuldeer for preliminary injunction vacate or modify preliminary injunction
附件:
1:Declaration Declaration of Xu Miao
05/13/2024 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21961039.
05/07/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a "Notice of Dismissal" [36] as to those Defendants who previously filed motions [32] [34] to vacate or modify aspects of the current preliminary injunction [28]. Defendants CHMORA, Corashan Co., Ltd., Feternal, Gudake maoyi, JIASEN, JUNBYONE, MLQIDK, Strungten, and Umitay are thus dismissed without prejudice. As a result, the motion to vacate [32] and the motion to modify [34] are dismissed as moot, and the hearing set for 5/8/2024 is stricken. Mailed notice.
05/07/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC without prejudice as to Certain Defendants (Sullivan, Ann Marie)
04/29/2024 MINUTE entry before the Honorable John F. Kness: Defendants CHMORA, Corashan Co., Ltd., Feternal, Gudake maoyi, JIASEN, JUNBYONE, MLQIDK, Strungten, and Umitay have filed [34] a motion, purportedly on an emergency basis, seeking to modify the existing asset restraint. Any response by Plaintiff to the motion to modify must be filed on or before 5/6/2024. An in-person hearing on the motion is set for 5/8/2024 at 10:15 A.M. Lead counsel must be present in person at that hearing. Mailed notice.
04/29/2024 MOTION by Defendants CHMORA, Corashan Co., Ltd., Feternal, Gudake maoyi, JIASEN, JUNBYONE, MLQIDK, Strungten, Umitay to modify asset restraint emergency
04/29/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to certain Defendants
04/29/2024 MOTION by Defendants CHMORA, Corashan Co., Ltd., Feternal, Gudake maoyi, JIASEN, JUNBYONE, MLQIDK, Strungten, Umitay to vacate order[28]
附件:
1:Declaration of WEIQIONG XIE
04/29/2024 ATTORNEY Appearance for Defendants CHMORA, Corashan Co., Ltd., Feternal, Gudake maoyi, JIASEN, JUNBYONE, MLQIDK, Strungten, Umitay by Adam Edward Urbanczyk
04/19/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to certain Defendants
04/15/2024 NEW PARTIES: Aiersheng (hubei) International Trade Co., Ltd., Jinjiang Deek Plastic Products Co., Limited, Yiwu Zhihua E-Commerce Co., Ltd., Henan Longbite Daily Necessities Co., Ltd., Guangzhou Linke International Trade Co., Ltd., Yiwu Wowei Crafts Co., Ltd., Ningbo Yr Arts & Crafts Co., Ltd., Happy-Planet Store, Shenzhen RDF Store, 0615 House Store, Gaolou Store, carmo Store, SZ Daily Goods Store, Lovelypuppy Store, Housekeeper Store, AI House Store, Michelle's Garden Decoration Store, FUZHUANG DIAN Store, pets groceries Store, Sweetest Life Store, Daily Happiness Store, AHWOO AND GROO Store, NiuTool Store, Green prophecy Store, Familytime Store, Serafina Store, InGroup Store, Shop5367172 Store, Shop5952052 Store, Evie Pets Store, MASK-Protects-Your-Health Store, Flavour Life Store, A Exquisite Life Store, Lisahnbytrsed Store, XiuYaoGai Store, MatchlessPower Store, kitchen-tool Store, POP Gears Store Store, HappyLiving Store, Home Daily Use Wholesale Store Store, Lucy's house Store, DIY Charm Pendant Store, GooFine Store, Minimalist Living Store, Leena's B&B Store, YONICOCO Store, Fever 3 Store, Meow New World Store, SUCHME Pet Products Store, LuckydayDaily Store, HHOME TOOL Store, LetsHome577 Store, Comfortable House Items Store, Daily PuppyLuv Supplies Store, Daily 365 Store, A/HomeDecoration Store, DGDDAI Store, H-Z SWEETPET Store, wO sHI aPPLE Store, ZOZOLIFE Store, Leap Frog Store, My Home Life Store, HomeLuck Store, cute children toy Store, cute pet home Store, Human Worth Store, Baby Pet Store, Lifestyle G Store Store, The Ace Pet Store, Yolanda Pet-Mall Store, AHWOO AND GROO Pet Store, Shop1102488281 Store, Better Life Lucky Store, Aihogard Home Store, Shop1102746277 Store, Shop1102752921 Store, Shop1102749045 Store, Shop1102750362 Store, JosheLive Direct Store, JosheLive Retail Store, EU Certification Store, Shop1102823690 Store, Aihogard Tool Store, Corbrano Store, Shop1102854607 Store, Airow Pet Official Store, ISHOWTIENDA Official StoreISHOWTIENDA Official Store, Pet Household Goods Store, Shop1102927600 Store, Shop1102938212 Store, Lu Ke Store, Shop1102985527 Store, aneralied (7-14 days delivery), ELPAIOS, Namubarwa, Tomsi, Yuehuam2019, YOUR WARDROBE, TaiYuanMoXiang, ZhangShuaif, QinShuHe, Yutinyus, Wang Zhiqian, Chen JiaLe, YueRun, PYiting Store, Liu Haofeng, IGUFSDIG, RSPD quality & cheaper, Sayelo, WangBeiDian, shanxiyouyijing, XL-XTA, Zhengruus, Wosky, yuanmiaoxiangkeji, langmubest, fvituve, Summer palace, Atianyi, BNKK, dengjiaxiang ggghh, AiYouDimaoyi, Yunli Tech, sanbao town, Jinyank Store, Cavallini Co., Inc., quwen hjklkk, Q.SVogue, OTentW Store, Sang JiangNan, weipingbaihuo, zhouyalin, Zhang Ni, ShanXiRuiKeHe, yafa, beasnanier-US, WULTOP(7-15 day Delivery), Yumech2020, Aihoeho, FANGLIN LU, Shuyi Sp shop, wangjing usa, Zhao Guanguan, Felenny2020, jia min liang, YONUAN, HiLeyJey, RuiJunSi, ShangHaiOuLi, HeFeiErLingWuEr, Clais, BIHUAIQIANDIANZISHANGWU, Chao Shoping, HGJiaN, Autek, likang-us, TOPUP-, OleksOkiy, ShenZhenShiXiaoYue, Naroote, MISSING MY, BAI H, Shen Dingming, Nuryme, lijinji baby, Luan Trade, Boert, JiNanXinYing, A-yixian, Xianwan, Likeets, Fukker, shoujianyunkai, WskLinft, YONGQIlay, CJ Seller 1, CJ Seller 2, zycx Store, hxiy Store, jit2 Store, vxmu Store, acegunt, arrowben, baoziyoutiao, beilangopp, beoneself, cenhufen, changeto, charuka-63, clareelmid_0, cloek_5, cocoandyoyo, dinosaurag, duangpaa, eptjknbdbd, euowix, excellbuying, foupay, fygvyh8, galabest, ganeral, geobo_6434, giftcd, huzenyo, jiashiluo, kehuas_65, kellylogline10, kexinxinren, massnou, metaltell, miaoxingren, mizoseong, outdoor_garden, panda12345, pandatue, perth*f8j, rabi3store, shamarlal-15, sidouglas0, suguess, sumeizhao, sweetteam, teslafanx, whereeverr, yuenuli, zhenlinge, LeatherBagGGoods, MartArtesDesign, Shenzhen Tuliang Trading, Chengdukundimankedianzishangwuyouxiangongsi, Shenzhenshimashangzouqiyouxiangongsi, beautifuldeer, chicken-arms, disdisbuy, birdiology, childschicks, toysace, SET SAIL TRADE, FFCM, TT Wish Cottage, Full category shop, FJYX, Pet Ring, MOOSELY, Gear Up Outdoor, Sevenpoint beauty, Home Depot, Exquisite Lifehood, Warm travel, FEILA, dream department shop, LIANGYUTOU, VISLAND, HILITAND, AiDeMan, MorningSun, Treasure Shop, First Choice Shop, SYHW Store, BMATEDE TRADING Co. Ltd, Srliya Brand Store, Eastjing, MAX CHOICE, Bobasndm, Li Ran E -commerce Co. Ltd, JUNBYONE, Juliy, LUODING, WENXIN, Yubatuo Co. Ltd, CHMORA, Shaoke Store, SHAPERME, inc, amousa, ZIZHONG, MLQIDK, Hello House, JIASEN, LINWU, Likede Store, Feternal, Walkfairy Home, MUQI, SIDAN, Umitay, Familyshopping-Choice, RUOYING, Corashan Co., Ltd., JINGKE, CHUNXI, Gudake maoyi, Yixing Network Technology, Strungten, DaiHeng, kainuan, Ruifaya, PWOPWOE, Qoo10 and lujiaxiaopu added to case caption. (Sullivan, Ann Marie)
04/15/2024 NEW PARTIES: balloon, Time_In_Time, wxt006, Chitsu, JiranantuxP, Caste LLPC, XiagubeilMv, ZhangbiandupUc, TaohuanfeikebJ, jdzjhfgsjfmeiblc, hanxing21221, Joybuy America Seller 1, Joybuy America Seller 2, Joybuy America Seller 3, Joybuy Fashion Seller 1, Joybuy Fashion Seller 2, Joybuy Fashion Seller 3, Joybuy Fashion Seller 4, Joybuy Fashion Seller 5, Joybuy Fashion Seller 6, Joybuy Fashion Seller 7, Joybuy Fashion Seller 8, Joybuy Fashion Seller 9, Joybuy Express Seller 1, Joybuy Express Seller 2, Joybuy Express Seller 3, Joybuy Express Seller 4, Joybuy Express Seller 5, Joybuy Express Seller 6, Joybuy Express Seller 7, Joybuy Seller 1, Joybuy Seller 2, Joybuy Seller 3, Joybuy Seller 4 and Joybuy Selection Seller 1 added to case caption. (Sullivan, Ann Marie)
04/15/2024 NEW PARTIES: Aiersheng (hubei) International Trade Co., Ltd., Jinjiang Deek Plastic Products Co., Limited, Yiwu Zhihua E-Commerce Co., Ltd., Henan Longbite Daily Necessities Co., Ltd., Guangzhou Linke International Trade Co., Ltd., Yiwu Wowei Crafts Co., Ltd., Ningbo Yr Arts & Crafts Co., Ltd., Happy-Planet Store, Shenzhen RDF Store, 0615 House Store, Gaolou Store, carmo Store, SZ Daily Goods Store, Lovelypuppy Store, Housekeeper Store, AI House Store, Michelle's Garden Decoration Store, FUZHUANG DIAN Store, pets groceries Store, Sweetest Life Store, Daily Happiness Store, AHWOO AND GROO Store, NiuTool Store, Green prophecy Store, Familytime Store, Serafina Store, InGroup Store, Shop5367172 Store, Shop5952052 Store, Evie Pets Store, MASK-Protects-Your-Health Store, Flavour Life Store, A Exquisite Life Store, Lisahnbytrsed Store, XiuYaoGai Store, MatchlessPower Store, kitchen-tool Store, POP Gears Store Store, HappyLiving Store, Home Daily Use Wholesale Store Store, Lucy's house Store, DIY Charm Pendant Store, GooFine Store, Minimalist Living Store, Leena's B&B Store, YONICOCO Store, Fever 3 Store, Meow New World Store, SUCHME Pet Products Store, LuckydayDaily Store, HHOME TOOL Store, LetsHome577 Store, Comfortable House Items Store, Daily PuppyLuv Supplies Store, Daily 365 Store, A/HomeDecoration Store, DGDDAI Store, H-Z SWEETPET Store, wO sHI aPPLE Store, ZOZOLIFE Store, Leap Frog Store, My Home Life Store, HomeLuck Store, cute children toy Store, cute pet home Store, Human Worth Store, Baby Pet Store, Lifestyle G Store Store, The Ace Pet Store, Yolanda Pet-Mall Store, AHWOO AND GROO Pet Store, Shop1102488281 Store, Better Life Lucky Store, Aihogard Home Store, Shop1102746277 Store, Shop1102752921 Store, Shop1102749045 Store, Shop1102750362 Store, JosheLive Direct Store, JosheLive Retail Store, EU Certification Store, Shop1102823690 Store, Aihogard Tool Store, Corbrano Store, Shop1102854607 Store, Airow Pet Official Store, ISHOWTIENDA Official StoreISHOWTIENDA Official Store, Pet Household Goods Store, Shop1102927600 Store, Shop1102938212 Store, Lu Ke Store, Shop1102985527 Store, aneralied (7-14 days delivery), ELPAIOS, Namubarwa, Tomsi, Yuehuam2019, YOUR WARDROBE, TaiYuanMoXiang, ZhangShuaif, QinShuHe, Yutinyus, Wang Zhiqian, Chen JiaLe, YueRun, PYiting Store, Liu Haofeng, IGUFSDIG, RSPD quality & cheaper, Sayelo, WangBeiDian, shanxiyouyijing, XL-XTA, Zhengruus, Wosky, yuanmiaoxiangkeji, langmubest, fvituve, Summer palace, Atianyi, BNKK, dengjiaxiang ggghh, AiYouDimaoyi, Yunli Tech, sanbao town, Jinyank Store, Cavallini Co., Inc., quwen hjklkk, Q.SVogue, OTentW Store, Sang JiangNan, weipingbaihuo, zhouyalin, Zhang Ni, ShanXiRuiKeHe, yafa, beasnanier-US, WULTOP(7-15 day Delivery), Yumech2020, Aihoeho, FANGLIN LU, Shuyi Sp shop, wangjing usa, Zhao Guanguan, Felenny2020, jia min liang, YONUAN, HiLeyJey, RuiJunSi, ShangHaiOuLi, HeFeiErLingWuEr, Clais, BIHUAIQIANDIANZISHANGWU, Chao Shoping, HGJiaN, Autek, likang-us, TOPUP-, OleksOkiy, ShenZhenShiXiaoYue, Naroote, MISSING MY, BAI H, Shen Dingming, Nuryme, lijinji baby, Luan Trade, Boert, JiNanXinYing, A-yixian, Xianwan, Likeets, Fukker, shoujianyunkai, WskLinft, YONGQIlay, CJ Seller 1, CJ Seller 2, zycx Store, hxiy Store, jit2 Store, vxmu Store, acegunt, arrowben, baoziyoutiao, beilangopp, beoneself, cenhufen, changeto, charuka-63, clareelmid_0, cloek_5, cocoandyoyo, dinosaurag, duangpaa, eptjknbdbd, euowix, excellbuying, foupay, fygvyh8, galabest, ganeral, geobo_6434, giftcd, huzenyo, jiashiluo, kehuas_65, kellylogline10, kexinxinren, massnou, metaltell, miaoxingren, mizoseong, outdoor_garden, panda12345, pandatue, perth*f8j, rabi3store, shamarlal-15, sidouglas0, suguess, sumeizhao, sweetteam, teslafanx, whereeverr, yuenuli, zhenlinge, LeatherBagGGoods, MartArtesDesign, Shenzhen Tuliang Trading, Chengdukundimankedianzishangwuyouxiangongsi, Shenzhenshimashangzouqiyouxiangongsi, beautifuldeer, chicken-arms, disdisbuy, birdiology, childschicks, toysace, SET SAIL TRADE, FFCM, TT Wish Cottage, Full category shop, FJYX, Pet Ring, MOOSELY, Gear Up Outdoor, Sevenpoint beauty, Home Depot, Exquisite Lifehood, Warm travel, FEILA, dream department shop, LIANGYUTOU, VISLAND, HILITAND, AiDeMan, MorningSun, Treasure Shop, First Choice Shop, SYHW Store, BMATEDE TRADING Co. Ltd, Srliya Brand Store, Eastjing, MAX CHOICE, Bobasndm, Li Ran E -commerce Co. Ltd, JUNBYONE, Juliy, LUODING, WENXIN, Yubatuo Co. Ltd, CHMORA, Shaoke Store, SHAPERME, inc, amousa, ZIZHONG, MLQIDK, Hello House, JIASEN, LINWU, Likede Store, Feternal, Walkfairy Home, MUQI, SIDAN, Umitay, Familyshopping-Choice, RUOYING, Corashan Co., Ltd., JINGKE, CHUNXI, Gudake maoyi, Yixing Network Technology, Strungten, DaiHeng, kainuan, Ruifaya, PWOPWOE, Qoo10 and lujiaxiaopu added to case caption. (Sullivan, Ann Marie)
04/12/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to certain Defendants
04/08/2024 PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 4/8/2024. Mailed notice.
04/08/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 23 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff 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 25 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 Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is directed to unseal any and all previously-sealed documents. Mailed notice.
04/05/2024 NOTICE of Voluntary Dismissal by Export Commodity LLC with prejudice as to certain Defendants
02/28/2024 SUMMONS Returned Executed by Export Commodity LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/28/2024, answer due 3/20/2024.
附件:
1:(Declaration of Service)
02/28/2024 MEMORANDUM by Export Commodity LLC in support of motion for preliminary injunction 23
附件:
1:(Declaration of Ann Marie Sullivan)
02/28/2024 MOTION by Plaintiff Export Commodity LLC for preliminary injunction
02/20/2024 EXTENSION OF THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 2/20/2024. Mailed notice.
02/20/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion to extend the temporary restraining order 20 is granted. Mailed notice.
02/14/2024 MOTION by Plaintiff Export Commodity LLC for extension of time of the Temporary Restraining Order
附件:
1:(Declaration of Alison K. Carter)
2:Supplement Memorandum in Support of Motion
02/13/2024 SURETY BOND in the amount of $ 10,000 posted by Export Commodity LLC (Document not scanned).
02/05/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
02/05/2024 TEMPORARY Restraining Order: signed by the Honorable John F. Kness on 2/5/2024. Modified on 4/11/2024.
02/05/2024 MINUTE entry before the Honorable John F. Kness: Plaintiff's ex parte motion for a temporary restraining order 12 and motion for electronic service of process 14 are granted in part. Plaintiff's submissions (e.g., Dkt. 13) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 7, 8, 9, 12, and 13. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that she may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit and infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order.
12/28/2023 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.
10/30/2023 MEMORANDUM by Export Commodity LLC in support of motion for miscellaneous relief 14 for Electronic Service of Process
附件:
1:(Exhibit 1-2)
2:Declaration of Ann Marie Sullivan
10/30/2023 MOTION by Plaintiff Export Commodity LLC for Electronic Service of Process
10/30/2023 MEMORANDUM by Plaintiff Export Commodity LLC Memorandum in Support of Motion for Temporary Restraining Order Modified on 4/11/2024.
附件:
1:Exhibit 3 - Part 3
2:Exhibit 3 - Part 1
3:Exhibit 3 - Part 2
4:Exhibit 2
5:Exhibit 1
6:Declaration in Support of Motion
7:Exhibit 3 - Part 4
8:(Exhibit 3 - Part 5)
10/30/2023 MOTION by Plaintiff Export Commodity LLC for Temporary Restraining Order Modified on 4/11/2024.
10/27/2023 NEW PARTIES: Export Commodity LLC added to case caption.
10/27/2023 NEW PARTIES: Export Commodity LLC added to case caption.
10/27/2023 AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A
附件:
1:Exhibit 1
2:(Exhibit 2)
10/23/2023 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 5 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity: Plaintiff's anticipated ex parte motion for preliminary injunctive relief will be adjudicated in the ordinary course, and the identity of the defendant entities will be placed under seal during the pendency of any ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court, as it has consistently done in so-called "Schedule A" counterfeiting cases that are filed daily in this District, to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). In view of, among other things, the great volume of so-called "Schedule A" copyright and trademark cases filed in this District (great volume and frequency are inconsistent with "exceptional circumstances"), as well as the commercial nature of Schedule A cases (as opposed to the prejudice to individuals' privacy interests typically found to justify anonymous or pseudonymous litigation), Plaintiff cannot demonstrate the exceptional circumstances required under governing Seventh Circuit precedent to proceed under a pseudonym. Accordingly, Plaintiff must file an amended complaint disclosing its full name (no pseudonyms) and asserted copyrights on or before 10/30/2023. Subject to unsealing at an appropriate time, Plaintiff may for now file its Schedule A, ex parte motion, and other associated filings under seal. Docket No. 7 may remain under seal pending the filing of an amended complaint. Failure to file an amended complaint that conforms to this order by the deadline will result in the dismissal of this case with prejudice for failure to prosecute. In the alternative, Plaintiff may voluntarily dismiss the case (but if Plaintiff does so and then refiles the case in this District, it must alert the newly-assigned judge that it dismissed this case voluntarily). Mailed notice
10/18/2023 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
10/18/2023 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2).
10/18/2023 CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.
10/18/2023 CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2).
10/18/2023 NOTICE of Claims Involving Trademarks by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks Modified on 4/11/2024.
10/18/2023 NOTIFICATION of Affiliates by Plaintiff XYZ Corporation Notification of Affiliates Modified on 4/11/2024.
10/18/2023 COMPLAINT by Plaintiff XYZ Corporation Complaint Modified on 4/11/2024.
附件:
1:Exhibit 1
2:Exhibit 2
3:(Exhibit 3 - Schedule A)
10/18/2023 MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
附件:
1:Declaration of Ann Marie Sullivan
2:Declaration of Sandy Zhuang
3:Exhibit 1
4:Exhibit 2
5:(Exhibit 3)
10/18/2023 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym
10/18/2023 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
10/18/2023 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter
10/18/2023 CIVIL Cover Sheet
10/18/2023 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number AILNDC-21235554.
附件:
1:Exhibit 1
2:Exhibit 2
3:(Exhibit 3 - Schedule A)

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