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2023-cv-14928

Laurie Prindle v. The Partnerships and Unincorporated Associations Identified On Schedule A

日期:

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
01/22/2024 MINUTE entry before the Honorable Martha M. Pacold: The court has received a "Notice of Dismissal" which seeks to dismiss defendants No. 169 KingPlusField, No. 2 wc Fashion office, No. 8 Fantastic Art Home Dcor, and No. 129 Mood Art Deco Firm without prejudice. This case is closed, however, as default judgment has already been entered against every defendant remaining in the case 39, 40. Moreover, defendants No. 169 KingPlusField, No. 2 wc Fashion office, No. 8 Fantastic Art Home Dcor, and No. 129 Mood Art Deco Firm were already dismissed from this case earlier in the proceedings 38 and were not subject to the court's default judgment order 40.
01/18/2024 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
12/15/2023 ***Civil Case Terminated.
12/15/2023 DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 12/15/2023. Mailed notice
12/15/2023 ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 23. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of plaintiff's copyrights causes plaintiff irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith Vogt Ltd., 33 West Jackson Boulevard, #2W, Chicago, IL 60604, via certified mail. Enter Final Judgment Order. Terminate civil case Signed by the Honorable Martha M. Pacold on 12/15/2023. Mailed notice
12/15/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of voluntary dismissal 35, 36, which seek to voluntarily dismiss defendants No. 2 wc Fashion office, No. 8 Fantastic Art Home Dcor, No. 61 DUSISI US, No. 63 IZI POD SHOP, No. 107 AZ GARMENT MTV COMPANY LIMITED, No. 129 Mood Art Deco Firm, and No. 169 KingPlusField under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notices of voluntary dismissal as requests for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 2 wc Fashion office, No. 8 Fantastic Art Home Dcor, No. 61 DUSISI US, No. 63 IZI POD SHOP, No. 107 AZ GARMENT MTV COMPANY LIMITED, No. 129 Mood Art Deco Firm, and No. 169 KingPlusField from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A form by is already on the docket 37.
12/15/2023 ***Civil Case Terminated.
12/08/2023 ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/8/2023. Mailed notice
12/08/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal [29], which seeks to voluntarily dismiss defendant 170 RugRose under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant 170 RugRose from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A form by is already on the docket [30].
12/08/2023 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/8/2023:
12/08/2023 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [19]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [19] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the complaint [30] to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
12/06/2023 Amended Schedule A [2] by Laurie Prindle
12/06/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 170 RugRose
12/04/2023 CERTIFICATE of Service by Plaintiff Laurie Prindle regarding set motion and R&R deadlines/hearings, 27
12/04/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for default judgment 23. The court will take the motion under advisement and will consider it unopposed if defendants do not appear and object by by 12/12/2023. Plaintiff shall promptly serve defendants with this notice and file a certificate of service on the docket.
12/04/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal 25, which seeks to voluntarily dismiss certain defendants under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal 25 as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping the listed defendants. By 12/7/2023, plaintiff should file an amended Schedule A on the docket. Plaintiff should also submit a revised proposed order on plaintiff's motion for preliminary injunction 19.
11/25/2023 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants
11/21/2023 MEMORANDUM by Laurie Prindle in support of motion for default judgment 23
附件:
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
11/21/2023 MOTION by Plaintiff Laurie Prindle for default judgment as to The Defendants Identified In First Amended Schedule A
10/31/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction 19. The court will take the motion under advisement and will consider the motion unopposed if defendants do not appear and object by 11/10/2023.
10/27/2023 SUMMONS Returned Executed by Laurie Prindle as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/27/2023, answer due 11/17/2023.
附件:
1:(Declaration of Service)
10/27/2023 MEMORANDUM by Laurie Prindle in support of motion for preliminary injunction 19
附件:
1:Declaration of Keith A. Vogt
2:(Exhibit 1, Declaration of Keith Vogt)
10/27/2023 MOTION by Plaintiff Laurie Prindle for preliminary injunction
10/19/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
10/19/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/19/2023:
10/19/2023 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions 10, 11, 12 filed by plaintiff Laurie Prindle, the supporting memoranda 13 and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal 10, for leave to file excess pages 11, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 12 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and the offering of products for sale into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.
10/16/2023 SEALED EXHIBIT by Plaintiff Laurie Prindle Sealed Exhibit 2, Declaration of Laurie Prindle regarding memorandum in support of motion, 13
附件:
1:(Exhibit 2-1)
10/16/2023 MEMORANDUM in support of 12 Exparte motion
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Laurie Prindle
4:(Exhibit 1, of Laurie Prindle's declaration)
10/16/2023 MOTION by Plaintiff Laurie Prindle for leave to file excess pages
10/16/2023 MOTION by Plaintiff Laurie Prindle for leave to file under seal
10/16/2023 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (mek,)
10/16/2023 ATTORNEY Appearance for Plaintiff Laurie Prindle by Monica Rita Martin
10/16/2023 ATTORNEY Appearance for Plaintiff Laurie Prindle by Cameron Eugene Mcintyre
10/16/2023 ATTORNEY Appearance for Plaintiff Laurie Prindle by Adam Grodman
10/16/2023 ATTORNEY Appearance for Plaintiff Laurie Prindle by Yi Bu
10/16/2023 ATTORNEY Appearance for Plaintiff Laurie Prindle by Yanling Jiang
10/16/2023 ATTORNEY Appearance for Plaintiff Laurie Prindle by Keith A. Vogt
10/16/2023 CIVIL Cover Sheet
10/16/2023 SEALED DOCUMENT by Plaintiff Laurie Prindle Schedule A to Complaint 1
10/16/2023 COMPLAINT filed by Laurie Prindle ; Filing fee $ 402, receipt number AILNDC-21222767.
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)

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