2023-cv-16520
日期 | 描述 |
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06/27/2024 | FINAL JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 6/27/2024. |
06/27/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 6/27/24 via WebEx video conference. No Defendant appeared. Plaintiffs' motion for entry of default and default judgment against the Defendants identified in the amended schedule A 32 is granted. Judgment is entered in favor of Plaintiff and against Defendants in the amount of $100,000.00 in statutory damages per defendant. Enter Judgment Order. The Clerk is directed to release the ten thousand dollar ($10,000) surety bond posted by Plaintiffs to counsel of record for Plaintiffs, via check sent by certified mail to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602.Civil case terminated. |
06/27/2024 | ATTORNEY Appearance for Plaintiff Atlus Co., Ltd. by John Wilson |
06/27/2024 | ATTORNEY Appearance for Plaintiff Sega Corporation by John Wilson |
06/04/2024 | NEW PARTIES: FatimaDGallagher, EvieStewa, EvieDMontgomery, EstrellaDKaufman, EsmeraldaDHendricks, ErikaDHarmon, EricWard, EmmaleeDHoover, EmilieDBoone, ElizabethDKing, EliannaDHobbs, EleanorDParsons, EduardoNayler, DeangeloDDunn, DaytonDHart, DashawnDCastro, DarrellDLowery, DannaDAli, DamienDBass, DaleDBarker, CristopherDDuncan, CraigDMurillo, CoryDMiddleton, CortezDKidd, ConradDLopez, Conductor Tallia, ClaireDarcy, ChesterOswald, CharlizeDRice, CarlyDCummings, CamilleDMccann, BryannaDMoss, BrunoDShort, BrooklynnDTyler, BradleyDBarry, BayleeDBlake, BarbaraDRojas, ArthurDGoodwin, AnthonyBradle, AnabellePlumb, AnabelleAllwood, AllieDThomas, AllanDPacheco, AlejandraDMosley, AdysonDBlackwell, AdrienneDPeterson, AdriannaDOneill, adenalindleyuk and AbigayleDDixon added to case caption. |
06/04/2024 | NEW PARTIES: LucianaDLozano, LorraineStanton, LorraineMason, LivUddin, LitzyDBenjamin, LindsayDMaxwell, LindsayDLynn, LindaBecker, LillyDHale, LeilaniDFloyd, LamarDFrederick, LamarDDickerson, KrishDRyan, KellyDMckee, KayleyDHebert, KaylenDYoung, KatelynnDSims, KaneDBonilla, KaliDNguyen, KalebDRuiz, KaitlinDWhitaker, KadenDYoung, JulianaDOlsen, JohnathanDMurphy, JohanMoon, JimenaDBenson, jarredzemonus, JakobDWatson, JairDWright, JaidenDFrost, JadenDMoon, JadenDHuerta, JacksonDMeyers, JackLee, ItzelDPoole, IsabelaDSutton, IsaacDMcbride, IrvinDWilcox, IreneDPadilla, IbrahimDRios, HudsonDRosario, hodgensus150, HarrisonDZamora, GwendolynDBennett, GillianDPearson, GaryDBaird, FranciscoDCain, FletcherDRoberson, FernandaDEspinoza and FelicityTyler added to case caption. |
06/04/2024 | NEW PARTIES: GDZC, Deye trading co., ltd, VioletDSpence, ValentinaVarndell, TrystanDCruz, TravisDRangel, TravisDHayden, TiannaDBriggs, TaraBaker, Swim Bertina, SimoneDLucero, SimonDouglas, SharonDSnyder, SeamusDSteele, ScarlettDMckay, SamanthaDHayden, SadieDHolloway, RylanDTownsend, RosemaryDHo, ReneeDEverett, RemingtonDGutierrez, ReginaWood, ReginaBingham, RamonDowning, PiperDNelson, PhoebeDMontgomery, PenelopeDJames, PenelopeDBond, PearlCustomShirt, PatrickDNewman, OliviaEvans, NinaDCardenas, NickolasDTucker, NiaDBarber, NevaehDMarquez, NateNeedham, NasirDChoi, NashDBullock, MohamedDFloyd, MiracleDMcdowell, MiguelDCooper, MemphisDGraham, MckenzieDBass, MckaylaDAtkins, MaximDMathis, MarquisDFarmer, MarilynBennett, MaddoxDMoses, MaddisonOldfield and MaddisonDCarrillo added to case caption. |
06/04/2024 | NEW PARTIES: Li Mingzhe MING, YusufDEnglish, TheBonhomShop, SariahDArias, Pedro Oliveira, Only United Nations, Nguyen Nam, NateAntcliff, Murat Kalkavan, Mayer Norman, MarkDTyler, MadisynDHays, LucilleDDelacruz, kroniponetp, KingDPerkins, Karmina Art, Jeff Aphisit, JayceDHarrington, IssacPaul, Isaac Jones, Ibrahim Abdullahi, Ian Mansfield, Ian Hughes, Human After All, HeathDRoach, HannahDWheeler, Gurnam Singh, Glenn Thomas, GinbertoGreen, Fiona Fidelma, Emin Mammadov, ElleHenderson, Elizabeth Reed, Elena Saharova, EileenDRobles, Educational Magahi Tick, Eduardo Oliveira, EastonDIngram, Doug Scott, DelilahDNeal, DaviTodd, DaviJohnston, DaviHodges cfp, DamariDMcknight, CooCompany, Chris Myers, CarolinBrown, Carlos Almeida, Butterfly Dooku, Brian Hunter, Brett Anderson, BorisWren, BlakeDJohns, BilRichards, Bev Johnson, Ben Fox, Ben Fisher, Ben Bauchau, AyaanDKelley, Aliaksandra Kazak, XRELAXtq Co.Ltd, Xissk, Xichuangke, xiaoxiaotoy, Search fun, Poster It Now and guangzhoudawohuimaoyi added to case caption. |
06/03/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Atlus Co., Ltd., Sega Corporation |
05/30/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 5/30/2024. |
05/30/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiffs' motion for default judgment 32 is set for hearing on 06/27/24 at 10:00 a.m. by WebEx video conference, at which time Plaintiff should be prepared to address the support for its requested award of $100,000 in statutory damages per defendant. The dialin number for the public is: 6504793207; access code is: 23173093694. The parties will receive a WebEx invitation by email. Defendants shall have until 06/25/24 to file an appearance or objection to entry of default. Defendants' failure to appear at the hearing will result in the entry of default judgment against Defendants. Plaintiff shall promptly serve their motion for default judgment and a copy of this minute entry on Defendants. Plaintiff shall also promptly file a certificate of service, confirming they have served Defendants with notice of the motion and hearing. Separately, the Court notes that no defendant has appeared or objected to Plaintiffs' motion for entry of preliminary injunction 25. Plaintiff's motion for preliminary injunction 25 is therefore granted as unopposed. Enter Preliminary Injunction order. The Clerk is requested to unseal Plaintiff's Amended Schedule A to the Amended Complaint 11, Exhibit AA 13, Exhibit 2 to Paragoso Declaration 18 and the temporary restraining order 21. Plaintiffs' counsel is directed to ensure that the defendants listed on Amended Schedule A are added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Courts website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. |
05/29/2024 | DECLARATION of Michael A. Hierl regarding motion for default judgment, [32] 附件: 1:Exhibit Hierl Exhibit 1 |
05/29/2024 | MEMORANDUM by Atlus Co., Ltd., Sega Corporation in support of motion for default judgment, [32] 附件: 1:Exhibit 1 2:Exhibit 2 |
05/29/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A |
05/29/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Atlus Co., Ltd., Sega Corporation |
05/09/2024 | CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Atlus Co., Ltd., Sega Corporation |
05/08/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for preliminary injunction 25. Plaintiff shall promptly file a certificate of service confirming that it has served Defendants with the motion for preliminary injunction, memorandum in support of the motion, and a copy of this minute order. Defendants shall have until 5/29/24 to appear and object to the entry of a preliminary injunction. If no such objection is filed, the preliminary injunction may be entered. |
05/08/2024 | SUMMONS Returned Executed by Sega Corporation, Atlus Co., Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/7/2024, answer due 5/28/2024. |
05/07/2024 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
05/07/2024 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 25 |
05/07/2024 | MEMORANDUM by Atlus Co., Ltd., Sega Corporation in support of motion for preliminary injunction 25 |
05/07/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
04/24/2024 | SURETY BOND in the amount of $10,000 posted by Atlus Co., Ltd., Sega Corporation. (Document not scanned) |
04/23/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiffs' motion to extend the TRO 22 is granted for the reasons stated in the motion. The TRO is extended for 14 days and will expire on 5/10/2024. |
04/22/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order |
04/12/2024 | SEALED Temporary Restraining Order Signed by the Honorable Nancy L. Maldonado on 4/12/2024. |
04/12/2024 | MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages, 15, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 16, 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 the individuals and entities operating 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 sales 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. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. The Court also notes that, while some judges in this district, including the undersigned, have questioned the propriety of joinder of numerous defendants in such "Schedule A" cases, the Court finds that there are sufficient facts in the record to support joinder of the 2 named defendants in the Amended Schedule A at this time. The record reflects the Defendants each sell an identical product, with an identical or nearly identical product description, for around the same price, all on the same commerce platform. The Court thus finds joinder appropriate at least at this early pleading stage. If any defendant appears, they are free to raise any objection to joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
01/18/2024 | Notice of Claims Involving Trademarks by Atlus Co., Ltd., Sega Corporation |
01/18/2024 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit 2 to Paragoso Declaration |
01/18/2024 | MEMORANDUM by Atlus Co., Ltd., Sega Corporation in support of motion for temporary restraining order, 16 附件: 1:Declaration Paragoso Declaration 2:Exhibit 1 3:Declaration Hierl Declaration 4:Exhibit Hierl Exhibit 1 5:Exhibit Hierl Exhibit 2 6:(Exhibit Hierl Exhibit 3) |
01/18/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega 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 |
01/18/2024 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
01/10/2024 | MINUTE entry before the Honorable Nancy L. Maldonado:Upon review of Plaintiff's amended Schedule A and memorandum in support of joinder, 11 12, the Court finds that the joinder of the two named defendants, at least at the initial stages of this case, is proper. Plaintiff may proceed with service of the amended complaint or any other initial filings. |
12/29/2023 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation Exhibit AA |
12/29/2023 | MEMORANDUM by Atlus Co., Ltd., Sega Corporation Plaintiffs' Memorandum in Support of Joinder |
12/29/2023 | SEALED DOCUMENT by Plaintiffs Atlus Co., Ltd., Sega Corporation 附件: 1:(Exhibit Amended Schedule A) |
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. |
12/08/2023 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file under seal 6 is granted for the reasons stated in the motion. The Court observes that Plaintiff's current Schedule A lists 216 defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on 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 of all 216 defendants by 12/29/2023. By the same deadline Plaintiff may file an amended complaint with a subset of the defendants along with a memo explaining why joinder of those defendants is proper. |
12/06/2023 | MOTION by Plaintiffs Atlus Co., Ltd., Sega Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
12/06/2023 | COMPLAINT filed by Sega Corporation, Atlus Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21394457. 附件: 1:Exhibit 1 |