最近更新：2024-12-25
2023-cv-01136
| 日期 | 描述 |
|---|---|
| 07/18/2023 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 7/18/23. Emailed notice. |
| 07/18/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Motion hearing held telephonically. Defendant failed to appear. Plaintiff's Motion for Entry of Default Judgment Against Defendant No. 134 Pu Jue Qiang 50 is granted. Signed Order to follow. Civil case terminated. Emailed notice. |
| 07/18/2023 | CERTIFICATE of Service by Plaintiff Bigfoot 4x4, Inc. |
| 07/10/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Default Judgment 50 is set for hearing on 7/18/23 at 10:00 a.m. via telephone. Plaintiff is ordered to serve Defendants notice of this hearing and file a certificate of service on the docket. Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Throughout the hearing, each speaker must identify themselves for the record before speaking. Members of the public and media may call in to listen to this hearing. Please 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 court proceedings. Violations of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted or denied entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice. |
| 07/07/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment 50 附件： 1:(Exhibit Hierl Exhibit 1) |
| 07/07/2023 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 50 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 07/07/2023 | MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default Judgment Against Defendant No. 134 "Pu Jue Qiang" |
| 07/05/2023 | CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Bigfoot 4x4, Inc. |
| 06/30/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Entry of Default and Default Judgment Against Defendant No. 134 "PU JUE QIANG" 43 is granted in part and denied without prejudice in part. The motion is granted to the extent it seeks an entry of default pursuant to FRCP 55(a). Plaintiff has shown that Defendant No. 134 "PU JUE QIANG" has failed to plead or otherwise defend in this case. As such, the clerk must enter default against that party, and default is entered pursuant to Federal Rule of Civil Procedure 55(a) against Defendant No. 134 "PU JUE QIANG". The motion is denied without prejudice as to entry of a default judgment pursuant to Rule 55(b). Plaintiff is ordered to serve defaulting defendant with a copy of this Order prior to re-filing its Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b), and any such motion must attach proof of service of this Order on defaulting defendant. Mailed notice |
| 06/07/2023 | MINUTE entry before the Honorable Edmond E. Chang: In light of the reassignment of the case, the tracking status hearing of 06/09/2023 for Judge Chang is vacated. Emailed notice |
| 06/02/2023 | EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Edmond E. Chang no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023. |
| 06/02/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment 43 附件： 1:(Exhibit Hierl Exhibit 1) |
| 06/02/2023 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 43 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 06/02/2023 | MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendant No. 134 "PU JUE QIANG" |
| 06/02/2023 | DECLARATION of William B. Kalbac Declaration of Service |
| 05/25/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 39, and the docket, the case is dismissed without prejudice pursuant to the notice of voluntary dismissal, R. 40, under Federal Rule of Civil Procedure 41(a)(1)(A)(i) as to Defendant Nos. 7 DYJ Department Store; 10 jiu jiang yue feng shang mao; 29 Super Shop Co. Ltd; 31 Taiyuan Erdetai Network Technology Co., Ltd; 33 ting pan fang mao; and 128 ming jiang qiu shang mao. The Clerk's Office shall terminate those Defendants. The Plaintiff is in settlement negotiations with a few of the remaining Defendants. In light of the failure to timely answer (the deadline was 05/22/2023), the remaining Defendants are deemed to be in default. The Plaintiff shall file the motion for default judgment on or before 06/02/2023. The motion shall attach the online-store screenshots of the remaining Defendants, with bookmarks on the PDF for the start page of each remaining Defendant. The tracking status hearing of 06/02/2023 is reset to 06/09/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 05/25/2023 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/24/2023 | STATUS Report by Bigfoot 4x4, Inc. |
| 05/02/2023 | SUMMONS Returned Executed by Bigfoot 4x4, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 5/1/2023, answer due 5/22/2023. |
| 05/01/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 05/01/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/01/2023. Emailed notice |
| 05/01/2023 | MINUTE entry before the Honorable Edmond E. Chang: Given the continued circumstances that supported entry of the TRO, the Plaintiff's motion for preliminary injunction 33 is granted. The Clerk's Office shall unseal all filings. The Plaintiff shall promptly effectuate service and file the return of service on the docket. The tracking status hearing of 05/05/2023 is reset to 06/02/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 05/24/2023, or the Plaintiff shall file on its own if the Defendants have not appeared. Emailed notice |
| 04/28/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 33 |
| 04/28/2023 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction 33 |
| 04/28/2023 | MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 04/19/2023 | MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the Plaintiff's extension motion on the TRO 31 is granted through 05/03/2023. The tracking status hearing of 04/21/2023 is reset to 05/05/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report and the motion for preliminary injunction (if appropriate) by 04/28/2023. Emailed notice |
| 04/14/2023 | MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 04/10/2023 | SURETY BOND in the amount of $ 10,000 posted by Bigfoot 4x4, Inc. (Document not scanned.) |
| 04/05/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/05/2023. Emailed notice |
| 04/05/2023 | MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the memorandum on joinder and the accompanying exhibit, R. 26, 27, although it remains a close question on whether the limits on joinder are satisfied by the Amended Schedule A, it is a sufficiently close question that adversarial presentation would be needed before requiring another narrowing of the Defendants. It is true that the narrower set of Defendants are accused of infringing the same trademark, but of course that alone would be insufficient. The narrowed Defendants do appear to use the same advertising image, and the advertising image apparently is somewhat unique, and some of the words used in the advertising text are unique enough to warrant a further inference of proper joinder. As noted earlier, the question is close enough that adversarial presentation would be needed before requiring further amendment. So joinder is satisfied for purposes of the early stage of the case. (2.) The Plaintiff's motion 10 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 6 for leave to file under seal is granted in light of the asset-restraint goal, and the extra-pages motion 9 is also granted. By 04/12/2023, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/21/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/14/2023. Emailed notice |
| 03/30/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit A |
| 03/30/2023 | MEMORANDUM by Bigfoot 4x4, Inc. Plaintiff's Memorandum in Support of Joinder |
| 03/30/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Amended Schedule A |
| 03/30/2023 | AMENDED complaint by Bigfoot 4x4, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 03/20/2023 | MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, R. 1, and Schedule A, R. 7, the Court raises the propriety of joinder of the 155 Defendants. The Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder by 03/31/2023. In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memo explaining why joinder of those defendants is proper. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
| 02/28/2023 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 2/28/2023. |
| 02/27/2023 | EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert W. Gettleman for all further proceedings. Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 2/27/2023.(jk2,) |
| 02/27/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jk2,) |
| 02/27/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA (jk2,) |
| 02/24/2023 | Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc. |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration |
| 02/24/2023 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 10 附件： 1:Declaration Trent Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
| 02/24/2023 | MOTION by Plaintiff Bigfoot 4x4, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 02/24/2023 | MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 02/24/2023 | 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. |
| 02/24/2023 | CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
| 02/24/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc. |
| 02/24/2023 | SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A |
| 02/24/2023 | MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal |
| 02/24/2023 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray |
| 02/24/2023 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac |
| 02/24/2023 | ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl |
| 02/24/2023 | CIVIL Cover Sheet |
| 02/24/2023 | COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20377609. 附件： 1:(Exhibit 1) |
