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2019-cv-08181

VIAHART LLC. 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
04/04/2022 MEMORANDUM Opinion and Order: The Court denies Viahart's motion to re-open 78. Civil case remains terminated. Signed by the Honorable Jorge L. Alonso on 4/4/2022. Notice mailed by Judge's staff
01/04/2022 MINUTE entry before the Honorable Jorge L. Alonso: Defendant Liyunshop's motion for leave to file sur-reply [85] is granted. Motion hearing date of 1/5/22 is stricken. Notice mailed by Judge's staff
12/29/2021 Leave to File Document
11/18/2021 Miscellaneous Relief
11/03/2021 MEMORANDUM Opinion and Order: The Court grants Defendant's motion to set aside 57 and motion to dismiss based on a lack of personal jurisdiction 58. The default judgment against Defendant liyunshop is vacated. Plaintiff's claims against Defendant liyunshop are dismissed without prejudice to filing those claims in the appropriate forum. Case remains terminated. Signed by the Honorable Jorge L. Alonso on 11/3/2021. Notice mailed by Judge's staff
10/26/2021 Exhibit A to Declaration of Molson Hart (Unsealed) by ViaHart LLC
10/25/2021 MINUTE entry before the Honorable Jorge L. Alonso:Plaintiff's motion to seal 72 is denied. Plaintiff is ordered to file an unsealed copy of its Exhibit A on the docket by October 27, 2021. Motions to seal are disfavored. See In re Sprecht, 622 F.3d 697, 701 (7th Cir. 2010). Materials relied on to support a judicial opinion are presumptively open to inspection. See Baxter Int'l, Inc. v. Abbott Laboratories, 297 F.3d 544, 545 (7th Cir. 2002). This presumption supports public confidence by facilitating oversight and understanding of judicial decisions. See Gonzales v. Home Nursery Inc., No. 14-cv-1140-MJR-DGW, 2016 WL 6705447, at *1 (S.D. Ill. Sept. 22, 2016). As such, materials are to be made public with certain exceptions for trade secrets, the identities of under-cover agents, and "other facts that should be held in confidence." Hicklin Eng'g, L.C. v. Bartell, 439 F.3d 346, 348 (7th Cir. 2006), abrogated on other grounds by RTP LLC v. Orix Real Estate Capital, Inc., 827 F.3d 689, 692 (7th Cir. 2016). This public interest does not always override a litigant's property and privacy interests; however, it can be overridden only if the latter interests predominate in a particular case. See Citizens First National Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir. 1999). Thus, a motion to seal requires a showing of good cause for sealing a part or the whole of the record in the case. Id. (internal citations omitted). In this case, although Plaintiff's motion is well intentioned, Plaintiff fails to demonstrate good cause for sealing the pertinent document it attaches to its response to motions 57 and 58. The document purport to be a list of Defendant's sales. But there is no indication that this information constitutes a trade secret or is subject to some other privilege. Nor has Defendant made any argument that this information should remained sealed. See 73. If Defendant contends that this information should be sealed for whatever reason, it is encouraged to file an appropriate motion in support of that request. Notice mailed by Judge's staff
08/24/2021 ATTORNEY Appearance for Defendant Zhang Liyun by Jawad Fitter
08/23/2021 REPLY by Zhang Liyun to MOTION by Defendant Zhang Liyun to set aside default and default judgement 57, MOTION by Defendant Zhang Liyun to dismiss for lack of jurisdiction and improper service of process 58, response in opposition to motion, 70
08/09/2021 MOTION by Plaintiff ViaHart LLC to seal document sealed document 71 Exhibit A to Declaration of Molson Hart
08/09/2021 SEALED DOCUMENT by Plaintiff ViaHart LLC Exhibit A to Declaration of Molson Hart
08/09/2021 RESPONSE by ViaHart LLCin Opposition to MOTION by Defendant Zhang Liyun to set aside default and default judgement 57, MOTION by Defendant Zhang Liyun to dismiss for lack of jurisdiction and improper service of process 58
附件:
1:Declaration of Molson Hart
08/03/2021 ORDER : Plaintiff's motion to compel compliance with Local Rule 83.15 66 is granted. Defendant Zhang Liyun is granted 30 days in which to designate local counsel lest the documents filed by its nonresident attorney be stricken. Signed by the Honorable Jorge L. Alonso on 8/3/2021. Notice mailed by Judge's staff
08/02/2021 ATTORNEY Appearance for Plaintiff ViaHart LLC by Theodore Joseph Chiacchio
08/02/2021 NOTICE of Motion by Daliah Saper for presentment of motion to compel 66 before Honorable Jorge L. Alonso on 8/10/2021 at 09:30 AM.
08/02/2021 MOTION by Plaintiff ViaHart LLC to compel compliance with LR 83
08/02/2021 ATTORNEY Appearance for Plaintiff ViaHart LLC by Daliah Saper
07/22/2021 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's motion to withdraw as counsel 62 is granted. Attorneys Keith A. Vogt; Yi Bu and Yanling Jiang are given leave to withdraw as counsel for Plaintiff. Notice mailed by Judge's staff
07/19/2021 NOTICE of Motion by Keith A. Vogt for presentment of motion to withdraw as attorney, 62 before Honorable Jorge L. Alonso on 7/22/2021 at 09:30 AM.
07/19/2021 MOTION by Attorney Keith A. Vogt of Keith Vogt Ltd., Yanling Jiang and Yi Bu of Jiang IP, LLC to withdraw as attorney for ViaHart LLC. New address information: Viahart LLC, 1321 Upland Drive #6481 Houston, TX 77043
附件:
1:Declaration of Molson Hart
2:Notification of Party Contact Information
07/09/2021 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's responses to Moving Defendant's omnibus motion to set aside default judgment and incorporated memorandum of law 57 and Moving Defendant's omnibus motion to dismiss the complaint and incorporated memorandum of law 58 by 8/9/21. Defendant's replies shall be filed by 8/23/21. Notice mailed by Judge's staff
06/28/2021 ATTORNEY Appearance for Defendant Zhang Liyun by Nihat Deniz Bayramoglu
06/28/2021 DECLARATION regarding motion to set aside default 57, motion to dismiss/lack of jurisdiction 58
附件:
1:Exhibit
06/28/2021 MOTION by Defendant Zhang Liyun to dismiss for lack of jurisdiction and improper service of process
06/28/2021 MOTION by Defendant Zhang Liyun to set aside default and default judgement
04/10/2021 SATISFACTION of Judgment
09/28/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
09/07/2020 SATISFACTION of Judgment
08/20/2020 MAILED trademark report and certified copy of order dated 8/5/2020 to Patent Trademark Office, Alexandria VA
08/05/2020 FINAL JUDGMENT ORDER. Signed by the Honorable Jorge L. Alonso on 8/5/2020. Notice mailed by judge's staff
07/22/2020 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status and motion hearing held. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment against the Defendants identified in first amended schedule A 45 is granted. Enter Final Judgment Order. Civil case terminated. Notice mailed by judge's staff Modified on 8/5/2020.
07/25/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
07/21/2020 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion and status hearing set for 7/22/20 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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.Notice mailed by judge's staff
07/10/2020 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk7, Docket)
06/24/2020 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motion for default and default judgment against the Defendants identified in first amended schedule A 45 is entered and continued to 7/22/20 at 9:30 a.m. Any Defendants objecting to the entry of default/default judgment must enter an appearance and file a written objection by 7/15/20. If no one objects or files an appearance by that date, the Court will consider the motion unopposed. Status hearing previously set for 6/25/20 is stricken and reset to 7/22/20 at 9:30 a.m. Notice mailed by judge's staff
06/22/2020 MEMORANDUM by ViaHart LLC in support of motion for default judgment 45
附件:
1:Exhibit 1 to Memo in Support
2:Exhibit 2 to Memo in Support
3:Declaration of Keith A. Vogt
06/22/2020 MOTION by Plaintiff ViaHart LLC for default judgment as to The Defendants Identified In The First Amended Schedule A
06/22/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
06/16/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
05/26/2020 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket8,)
05/25/2020 MINUTE entry before the Honorable Jorge L. Alonso: Pursuant to the Third Amended General Order dated 4/24/20, status hearing previously set for 5/26/20 is stricken and reset to 6/25/20 at 9:30 a.m. Notice mailed by judge's staff
05/16/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
04/24/2020 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket7,)
04/24/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
04/15/2020 MINUTE entry before the Honorable Jorge L. Alonso: Pursuant to the Amended General Order dated 3/30/20, status hearing previously set for 4/21/20 is stricken and reset to 5/26/20 at 9:30 a.m. Notice mailed by judge's staff
04/11/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
03/30/2020 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1,)
03/27/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
03/25/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
03/24/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
03/16/2020 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice.
03/07/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
02/18/2020 MINUTE entry before the Honorable Jorge L. Alonso:Status hearing held and continued to 4/21/20 at 9:30 a.m. Notice mailed by judge's staff
01/16/2020 PRELIMINARY INJUNCTION Order. Signed by the Honorable Jorge L. Alonso on 1/16/2020. Notices mailed by judge's staff
01/16/2020 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 20 is granted. Enter Preliminary Injunction Order. Status hearing set for 2/18/20 at 9:30 a.m. Notices mailed by judge's staff
01/21/2020 SUMMONS Returned Executed by ViaHart LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/21/2020, answer due 2/11/2020.
附件:
1:Declaration of Service of Summons
01/17/2020 NOTICE of Voluntary Dismissal by All Plaintiffs
01/14/2020 SUMMONS Returned Executed by ViaHart LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/14/2020, answer due 2/4/2020.
附件:
1:Declaration of Service of Summons
01/10/2020 SURETY BOND in the amount of $ 10,000 posted by ViaHart LLC. (DOCUMENT NOT SCANNED)
01/07/2020 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 20 before Honorable Jorge L. Alonso on 1/16/2020 at 09:30 AM.
01/07/2020 MEMORANDUM by ViaHart LLC in support of motion for preliminary injunction 20
附件:
1:Declaration of Keith A. Vogt
2:Exhibit 1 to Declaration of KVogt
01/07/2020 MOTION by Plaintiff ViaHart LLC for preliminary injunction
12/26/2019 MINUTE entry before the Honorable Charles R. Norgle: Motion to Extend the Temporary Restraining Order 17 is granted. The parties are not required to appear before the court on Friday, December 27, 2019. Mailed notice
12/20/2019 NOTICE of Motion by Keith A. Vogt for presentment of extension of time 17 before Honorable Charles R. Norgle Sr. on 12/27/2019 at 09:30 AM.
12/20/2019 MOTION by Plaintiff ViaHart LLC for extension of time
12/20/2019 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
12/19/2019 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jorge L. Alonso on 12/19/2019. Notice mailed by judge's staff
12/19/2019 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. For the reasons stated on the record, Plaintiff ViaHart LLC's motion for leave to file under seal 9 is granted. Plaintiff's motion to exceed page limitation 10 is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 11 is granted. Enter Sealed Temporary Restraining Order. Notice mailed by judge's staff
12/16/2019 Notice of Motion for presentment of 9 10 11 NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 9, motion for leave to file 10 before Honorable Jorge L. Alonso on 12/19/2019 at 09:30 AM.
12/16/2019 SEALED EXHIBIT by Plaintiff ViaHart LLC Sealed Exhibit 3 to the Declaration of Molson Hart regarding memorandum in support of motion, 12
附件:
1:Exhibit 3, Part 1
2:Exhibit 3, Part 2
3:Exhibit 3, Part 3
4:Exhibit 3, Part 4
5:Exhibit 3, Part 5
6:Exhibit 3, Part 6
7:Exhibit 3, Part 7
8:Exhibit 3, Part 8
12/16/2019 MEMORANDUM IN SUPPORT OF 11 EX PARTE MOTION
附件:
1:Declaration Keith A. Vogt
2:Exhibit 1-6 to Declaration of Keith A. Vogt
3:Declaration Molson Hart
4:Exhibit 1,2, and 4 to Declaration of Molson Hart
12/16/2019 MOTION by Plaintiff ViaHart LLC for leave to file excess pages
12/16/2019 MOTION by Plaintiff ViaHart LLC for leave to file Documents Under Seal
12/16/2019 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served.
12/16/2019 CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.
12/16/2019 MAILED Trademark report to Patent Trademark Office, Alexandria VA.
12/13/2019 ATTORNEY Appearance for Plaintiff VIAHART LLC. by Yi Bu
12/13/2019 ATTORNEY Appearance for Plaintiff VIAHART LLC. by Yanling Jiang
12/13/2019 ATTORNEY Appearance for Plaintiff VIAHART LLC. by Keith A. Vogt
12/13/2019 CIVIL Cover Sheet
12/13/2019 SEALED DOCUMENT by Plaintiff VIAHART LLC.
12/13/2019 COMPLAINT filed by VIAHART LLC.; NO. Filing fee $ 400, receipt number 0752-16532339.
附件:
1:Exhibit 1
2:Exhibit 2

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