2024-cv-04440
日期 | 描述 |
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01/27/2025 | MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, R. 51, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice. Status hearing of 01/31/2025 is vacated. Civil case terminated. Emailed notice |
01/24/2025 | NOTICE of Voluntary Dismissal by TV Tokyo Corporation Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
01/21/2025 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 49, the Plaintiff intends to file a dismissal without prejudice by 01/24/2025. The tracking status hearing of 01/24/2025 is reset to 01/31/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, if Plaintiff does not file the dismissal by 01/24/2025, then the Plaintiff shall file a status report. Emailed notice |
01/17/2025 | STATUS Report by TV Tokyo Corporation |
01/13/2025 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion to file status report 47 is granted to 01/17/2025. The Plaintiff and counsel must give serious attention to the considerations raised in the order of 12/23/2024, R. 45. The tracking status hearing of 01/17/2025 is reset to 02/24/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
01/10/2025 | MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion for a First Extension of Time to File a Status Report |
12/27/2024 | 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. |
12/23/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 44, although the Plaintiff may continue to investigate whether it will attempt to collect on the order sanctions order as to yoybuy.com, the Plaintiff must file a status report, on or before 01/10/2025, that explains what is the next step in this case, specifically, whether it is practicable to move forward whether or not the order is collected on. The tracking status hearing of 01/03/2025 is reset to 01/17/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
12/20/2024 | STATUS Report by TV Tokyo Corporation |
12/16/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion to file the status report 42 is granted to 12/20/2024. The tracking status hearing of 12/20/2024 is reset to 01/03/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
12/13/2024 | MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion for a First Extension of Time to File a Status Report |
11/18/2024 | ORDER Sgned by the Honorable Edmond E. Chang on 11/18/2024: Video status hearing held on the Plaintiff's motion for fees and sanctions. Counsel for the Plaintiff appeared by video. No one appeared on behalf of Yoybuy. Counsel for the Plaintiff reported no further contact from Yoybuy, and the Plaintiff did provide Yoybuy, on 11/07/2024, with a copy the Court's order, R. 40. Even after the Court specifically ordered Yoybuy to provide contact information for Taobao, which should be information that is readily available even on Yoybuy's own description as an intermediary between Taobao and the online sellers, Yoybuy has not responded. The Plaintiff's motion for fees and sanctions 36 is granted in the amount of $3,233.50. Yoybuy shall pay to the Plaintiff the amount of $3,233.50. Right now, the Plaintiff is unaware of any U.S.-based office for Yoybuy and thus will need to take investigative steps to collect. To give the Plaintiff an opportunity to determine a proposed next step, the Plaintiff shall file a status report by 12/13/2024, proposing next steps and what information that the Plaintiff uncovered. A tracking status hearing is for 12/20/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
11/07/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the motion for fees and sanctions, R. 36, the proof of service, R. 38, and the required supplement, R. 39 (as ordered by R. 37), the Court orders as follows: Yoybuy shall promptly provide the Plaintiff with the contact information of Taobao representatives that Yoybuy used or uses to communicate with Taobao about online sellers bovo2005 (shop36297782.world.taobao.com) and Xiangmo Car Products Store (shop295085252.taobao.com). ****Yoybuy shall disclose the information no later than 11/14/2024.**** The tracking status hearing of 11/08/2024 is vacated and reset as a video status hearing on 11/18/2024 at 11:00 a.m. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 2309 168 1063##. Counsel of record will receive an email before the start of the video 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. Emailed notice |
11/01/2024 | SUPPLEMENT to motion for attorney fees, 36 Supplement to Plaintiff's Motion for Attorney Fees and Sanctions Against Third-Party Platform Provider Yoybuy [Dkt. No. 36] 附件: 1:(Exhibit A) |
11/01/2024 | CERTIFICATE of Service by Plaintiff TV Tokyo Corporation Service Report |
10/24/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for fees and sanctions, R. 36, it does not appear that the information for the Service Report as required by R. 35 is in the motion. By 11/01/2024, the Plaintiff shall file (1) the Service Report; and (2) a supplement to the motion for fees and sanctions that provides copies of all of the emails referred to in the motion. The tracking status hearing of 10/25/2024 is reset to 11/08/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice. (jn,) |
10/21/2024 | MOTION by Plaintiff TV Tokyo Corporation for attorney fees Plaintiff's Motion for Attorney Fees and Sanctions Against Third-Party Platform Provider Yoybuy 附件: 1:(Exhibit D) 2:Exhibit C 3:Exhibit B 4:Exhibit A |
10/21/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion to file the fees and sanction motion 34 is granted to 10/21/2024. When the motion is filed, the Plaintiff must serve it on the respondent by reliable means. The Plaintiff also shall contemporaneously file a Service Report with the name and contact information for the counsel for Yoybuy that the Plaintiff has been communicating with, and explain how the motion was served on Yoybuy. Emailed notice |
10/18/2024 | MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Opposed Motion for a First Extension of Time to File a Motion for Attorney Fees and Sanctions |
10/03/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 32, the Plaintiff's motion for sanctions and fees against Yoybuy is due on 10/18/2024. The tracking status hearing of 10/04/2024 is reset to 10/25/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
09/27/2024 | STATUS Report by TV Tokyo Corporation |
09/12/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 30, and the docket, Yoybuy has not complied with the TRO. The motion 27 to compel is granted: Yoyuby shall immediately restrain and enjoin any of the Defendants' accounts or funds from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court. The Court will consider the imposition of attorneys' fees after compliance with the order. The Plaintiff shall file a status report by 09/27/2024. The tracking status hearing of 09/13/2024 is reset to 10/04/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
08/23/2024 | STATUS Report by TV Tokyo Corporation |
08/14/2024 | MINUTE entry before the Honorable Edmond E. Chang: On the Plaintiff's motion to compel 27, the response of YOYBUY is due on 08/28/2024. Any reply is due on 09/06/2024. The tracking status hearing of 08/30/2024 is reset to 09/13/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice |
08/08/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Exhibit A |
08/08/2024 | MOTION by Plaintiff TV Tokyo Corporation to compel Plaintiff's Motion to Compel Third-Party Platform E-Commerce Provider YOYBUY to Comply with the Temporary Restraining Order [Dkt. No. 21] and to Award Attorney Fees and Costs 附件: 1:(Exhibit D) 2:Exhibit C 3:Exhibit B |
07/18/2024 | SURETY BOND in the amount of $ $10,000.00 posted by TV Tokyo Corporation |
07/22/2024 | MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 24, the online platform Yoybuy has not yet provided e-mail contact information for the Defendants. The Plaintiff shall promptly follow up to obtain the information, including filing a motion to compel if appropriate. No preliminary injunction motion was filed. The tracking status hearing of 07/26/2024 is reset to 08/30/2024 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 by 08/23/2024. Emailed notice |
07/19/2024 | STATUS Report Initial Status Report by TV Tokyo Corporation |
07/02/2024 | 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 22 is granted. The TRO is extended through 07/25/2024. The tracking status hearing of 07/12/2024 is reset to 07/26/2024 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 07/19/2024, or the Plaintiff shall file it if no Defendant has appeared. Also, the Plaintiff shall file the preliminary-injunction motion (if appropriate) by 07/19/2024. Emailed notice |
07/01/2024 | MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
06/27/2024 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 06/27/2024. Emailed notice |
06/27/2024 | MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 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 Defendant 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 7 for leave to file under seal is granted in light of the asset-restraint goal. By 07/08/2024, 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). The Plaintiff's motion 15 for electronic service of process is granted. The motion 14 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), the tracking status set for 06/28/2024 is reset to 07/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/05/2024. Emailed notice |
06/21/2024 | DECLARATION of Hiroaki Saiki regarding memorandum in support of motion, 16 Saiki Declaration |
06/21/2024 | Notice of Claims Involving Trademarks by TV Tokyo Corporation |
06/21/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Exhibit 3 to Saiki Declaration |
06/21/2024 | MEMORANDUM by TV Tokyo Corporation in support of motion for temporary restraining order, 15 附件: 1:(Exhibit Hierl Exhibit 2) 2:Exhibit Hierl Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit 2 5:Exhibit 1 |
06/21/2024 | MOTION by Plaintiff TV Tokyo Corporation for temporary restraining order 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 |
06/21/2024 | MOTION by Plaintiff TV Tokyo Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
06/20/2024 | STATUS Report Initial Status Report by TV Tokyo Corporation |
06/03/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Amended Schedule A |
06/03/2024 | AMENDED complaint by TV Tokyo Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件: 1:(Exhibit 2) 2:Exhibit 1 |
05/31/2024 | MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 06/28/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 06/20/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice 附件: 1:(Status Report Requirements) |
05/30/2024 | 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. |
05/30/2024 | CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). |
05/30/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation |
05/30/2024 | SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Sealed Schedule A |
05/30/2024 | MOTION by Plaintiff TV Tokyo Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
05/30/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by John Wilson |
05/30/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Robert Payton Mcmurray |
05/30/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by William Benjamin Kalbac |
05/30/2024 | ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Michael A. Hierl |
05/30/2024 | CIVIL Cover Sheet |
05/30/2024 | COMPLAINT filed by TV Tokyo Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-22071534. 附件: 1:Exhibit 1 2:(Exhibit 2) |