2023-cv-04555
日期 | 描述 |
---|---|
10/25/2024 | SATISFACTION of Judgment |
05/31/2024 | MINUTE entry before the Honorable Martha M. Pacold: Pursuant to defendant's withdrawal of the motion to vacate default judgment, 163, the motion to vacate default judgment, 161, is withdrawn and stricken. |
05/29/2024 | MOTION by Defendant Geelink US to withdraw motion to vacate 161 |
05/10/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant's motion to vacate default judgment, 161. Plaintiff's response is due by 6/7/2024. Defendant's reply, if any, is due by 6/21/2024. |
05/09/2024 | MOTION by Defendant Geelink US to vacate order[157] Default Judgment |
05/06/2024 | RETURN of Service of U.S. Postal Certified Mail Receipt No. 7019 2280 0000 0962 8606 returned executed as to Original ($10,000) Surety Bond, 23 posted by Plaintiff, to Attorney Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd., Three First National Plaza 70 West Madison Street, Suite 4000, Chicago, IL 60602. (Received by mail in the Clerk's Office on 5/6/24.) |
05/01/2024 | SATISFACTION of Judgment |
04/24/2024 | MAILED Original ($10,000) Surety Bond, [23] posted by Plaintiff, to Attorney Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd., Three First National Plaza 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail # 7019 2280 0000 0962 8606. |
04/24/2024 | MAILED Original ($10,000) Surety Bond, 23 posted by Plaintiff, to Attorney Michael A. Hierl, Hughes Socol Piers Resnick & Dym Ltd., Three First National Plaza 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail # 7019 2280 0000 0962 8606. |
04/23/2024 | DEFAULT JUDGMENT Signed by the Honorable Martha M. Pacold on 4/23/2024. Mailed notice. |
04/23/2024 | ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment, 146. 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 its marks causes it 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 $10,000 dollars 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 Michael A. Hierl, 70 West Madison Street Suite 4000, Chicago, IL 60602, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 4/23/2024. Mailed notice. |
04/22/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's proposed default and default judgment order in the court's proposed order inbox, but plaintiff did not include a track changes version. Plaintiff should review the court's standing orders for Schedule A cases and by 4/24/24, submit clean and track changes versions of the proposed default and default judgment order to the court's proposed order inbox. |
04/15/2024 | Amended Schedule A by Milwaukee Electric Tool Corporation |
04/10/2024 | CERTIFICATE of Service by William Benjamin Kalbac on behalf of Milwaukee Electric Tool Corporation |
04/09/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to exceed page limitation, 145 is granted. Any defendant objecting to plaintiff's motion for entry of default and default judgment, 146 must enter an appearance and file a written objection by 4/18/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
04/09/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an Amended Schedule A, 142 is granted. Defendants No. 48 sunmily, No. 122 APTOOLER, No. 163 HiTooler, No. 178 LiBatter, No. 185 Mrupoo Brand are terminated. By 4/15/24, plaintiff should file the amended Schedule A on the docket. |
04/09/2024 | Amended Schedule A by Milwaukee Electric Tool Corporation |
04/04/2024 | STATUS Report by Milwaukee Electric Tool Corporation |
04/04/2024 | DECLARATION of Michael A. Hierl regarding motion for default judgment, [146] 附件: 1:Exhibit Hierl Exhibit 1 |
04/04/2024 | MEMORANDUM by Milwaukee Electric Tool Corporation in support of motion for default judgment, [146] 附件: 1:Exhibit 1 2:Exhibit 2 |
04/04/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A 附件: 1:Exhibit Amended Schedule A |
04/04/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
04/04/2024 | CERTIFICATE of Service by William Benjamin Kalbac on behalf of Milwaukee Electric Tool Corporation |
04/04/2024 | STIPULATION of Dismissal Stipulation of Voluntary Dismissal |
04/04/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File Amended Schedule A |
04/02/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [140], by dismissing defendant No. 137 Comby Power with prejudice is granted. Defendant 137 Comby Power is terminated. By 4/9/24, plaintiff should file the amended Schedule A on the docket. |
04/01/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File Amended Schedule A |
03/28/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the stipulation of dismissal, [137], and the motion for leave to file an amended Schedule A, [138]. The stipulation of dismissal lists five defendants and states the dismissal is without prejudice. However, the motion for leave to file an amended Schedule A requests dismissing six defendants (five of the same defendants named in [137] and an additional defendant) with prejudice. Due to the inconsistencies, [137] and [138] are stricken without prejudice to refiling. Any refiling should (1) clearly identify all the defendants plaintiff seeks to dismiss, and (2) clarify whether the dismissal is with or without prejudice. Additionally, plaintiff is again reminded that 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."). See [129]. If plaintiff wishes to amend the complaint by dismissing some, but not all, of the defendants, it should file a motion pursuant to Rule 15(a)(2) not a stipulation of dismissal. |
03/27/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File Amended Schedule A |
03/27/2024 | STIPULATION of Dismissal |
03/04/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report, [135]. By 4/4/2024, plaintiff and any remaining defendants who have appeared and not been dismissed are directed to file a joint status report updating the court on the status of settlement negotiations and proposed next steps. |
03/01/2024 | STATUS Report Joint Status Report by Milwaukee Electric Tool Corporation |
02/13/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report, [133]. By 3/1/2024, plaintiff and any remaining defendants who have appeared and not been dismissed are directed to file a joint status report. |
02/08/2024 | STATUS Report Joint Status Report by Milwaukee Electric Tool Corporation |
02/02/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and any remaining defendants who have appeared and not been dismissed were directed to file a joint status report by 1/26/2024. They did not do so. By 2/8/2024, plaintiff and any defendants who have appeared and not been dismissed should file a joint status report. See [127]. |
01/31/2024 | AMENDED complaint by Milwaukee Electric Tool Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 附件: 1:Exhibit 1 2:Amended Schedule A |
01/25/2024 | by Milwaukee Electric Tool Corporation Amended Schedule A |
01/25/2024 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's stipulation of voluntary dismissal [128], which seeks to voluntarily dismiss defendants No. 120 Anytak, No. 151 Enting, and No. 225 Zenander with prejudice. 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 stipulation of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dismissing defendants No. 120 Anytak, No. 151 Enting, and No. 225 Zenander from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended complaint by 1/31/24 identifying the remaining defendants. Defendants No. 120 Anytak, No. 151 Enting, and No. 225 Zenander are terminated with prejudice. |
01/23/2024 | STIPULATION of Dismissal |
01/19/2024 | MINUTE entry before the Honorable Martha M. Pacold: By 1/26/2024, plaintiff and any remaining defendants who have appeared but not been dismissed should file a joint status report updating the court on the status of the preliminary injunction including whether any defendants remain who appeared and objected to the preliminary injunction. Plaintiff should also submit an updated proposed preliminary injunction order to the proposed order inbox which reflects all defendants that have been dismissed. |
01/19/2024 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [125] is granted. Defendants BATTOOL-US, Elefly Direct-US, Enting, Enting, SWANKYDIRECT, Zenander, Zenander, Anytak and Anytak are dismissed with prejudice. Each party shall bear its own attorney's fees and costs. Plaintiff should file the amended Schedule A on the docket by 1/25/24. |
01/04/2024 | MOTION by Plaintiff Milwaukee Electric Tool Corporation Motion for Leave to File an 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. |
12/18/2023 | Amended Schedule A by Milwaukee Electric Tool Corporation |
12/12/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [121] is granted. Defendant No. 146 EagglewDirect is dismissed with prejudice and each party shall bear its own attorney's fees and costs. By 12/18/23, plaintiff should file an amended Schedule A on the docket. |
12/08/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A |
12/01/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendant Eagglewdirect's agreed motion to withdraw its motion to dissolve the preliminary injunction [119] is granted. Defendant Eagglewdirect's motion to dissolve the preliminary injunction [107] is withdrawn. By 12/8/2023, plaintiff and Eagglewdirect should file a joint status report updating the court on the status of the settlement unless plaintiff files a motion to amend the Schedule A by dismissing Eagglewdirect prior to that date. |
11/28/2023 | MOTION by Defendant EagglewDirect to withdraw motion for miscellaneous relief[107] motion to dissolve P.I. (Agreed) |
11/22/2023 | MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report [116], which states that the parties no longer believe a settlement conference is necessary. The parties report that plaintiff and Defendant Nos. 120 "Anytak", 151 "Enting," and 225 "Zenander" have settled this matter. The parties anticipate filing a Stipulation of Dismissal. In light of the settlement, and as all matters related to the referral are completed [104], the referral is closed. Mailed notice. |
11/21/2023 | STATUS Report Joint Status Report by Milwaukee Electric Tool Corporation Presented before Magistrate Judge |
11/20/2023 | STATUS Report Joint Status Report by Milwaukee Electric Tool Corporation Presented before Magistrate Judge |
11/16/2023 | Amended Schedule A by Milwaukee Electric Tool Corporation |
11/14/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [112] is granted. By 11/17/2023, plaintiff should file the amended Schedule A on the docket. Defendants Dutyone, JYJZPB US, KEEPTOP-US, LETS MEETi, Lordone-US, NinsoneUS, Pincon, PowerextraDirect, Bomibattery and CBQ are terminated with prejudice. |
11/13/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant Eagglewdirect's motion to dissolve the preliminary injunction [107]. Plaintiff's response is due by 11/29/2023. Defendant's reply, if any, is due by 12/13/2023. By 11/20/2023, plaintiff and defendant Eagglewdirect should meet and confer to discuss whether settlement is an option and file a joint status report updating the court on the status of the case between those parties. |
11/08/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File an Amended Schedule A Presented before District Judge |
11/08/2023 | MINUTE entry before the Honorable Heather K. McShain: Plaintiff's motion for leave to file an amended schedule A [110], which seems leave to dismiss multiple defendants with prejudice from the lawsuit, was erroneously presented before the Magistrate Judge as it falls outside the scope of the referral [104]. The motion [110] is denied without prejudice to refiling for presentment before Judge Pacold and conforming with Judge Pacold's notice requirements. Mailed notice. |
11/06/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File an Amended Schedule A Presented before Magistrate Judge |
11/03/2023 | MINUTE entry before the Honorable Heather K. McShain: This case as it relates to defendants No. 120 "Anytak," No. 151 "Enting," and No. 225 "Zenander" has been referred to Magistrate Judge McShain for discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement matters [104]. The parties are ordered to meet and confer and file an initial status report on or before 11/20/2023. The parties are directed to review the procedures for initial status reports, including Judge McShain's Standing Order for Initial Status Report, available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Initial Status Report." As detailed in Judge McShain's standing order, the report should include the following: (a) a proposed discovery schedule; (b) a statement indicating whether expert discovery and/or discovery of electronically stored information is anticipated; (c) a description of settlement discussions, if any; and (d) any other issues the parties believe should be brought to the Court's attention. Should a dispute arise during discovery, parties are directed to review Magistrate Judge McShain's requirements for discovery motions (available on the Court's website by selecting the link for Magistrate Judge McShain and then the link for "Discovery Motion Requirements") in advance of the filing of any discovery motion. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. |
11/01/2023 | Amended Schedule A by Milwaukee Electric Tool Corporation |
10/31/2023 | MOTION by Defendant EagglewDirectDissolve The Preliminary Injunction Presented before District Judge 附件: 1:Exhibit Exhibit A Product Listing |
10/30/2023 | MINUTE entry before the Honorable Martha M. Pacold: As to Defendants Vanon Direct, Mingsci Direct, THISS, JinWonNeng, coolsoul Direct, VANTTECH Direct, Exun Direct, Vinida Direct, Blandlighting, Tuoxin Direct, Dasnite Direct, Aimaya, Thiss US, Newbula, PDstation-US, Yangdock E-commerce, THISSENERGYSYSTEM Direct, AKKUCORE-US, FirstPower, and Powerextra: The preliminary injunction entered on October 19, 2023 [96] is vacated as to these defendants. Amazon is directed to release all holds on these defendants' accounts within two business days of receipt of this order. |
10/30/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [100] is granted. Plaintiff to file an amended Schedule A on the docket by 11/2/2023. Blandlighting, Dasnite Direct, Exun Direct, FERRYBOAT Direct, FirstPower, Mingchuanghui, Mingsci Direct, Newbula, PDstation-US, Powerextra, THISS, THISSENERGYSYSTEM Direct, Tuoxin Direct, VANTTECH Direct, Vanon Direct, Vinida Direct, Yangdock E-commerce, coolsoul Direct, Aimaya and Akkucore terminated. |
10/30/2023 | Pursuant to Local Rule 72.1, this case as it relates to plaintiff and defendants No. 120 "Anytak", No. 151 "Enting" and No. 225 "Zenander" is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. |
10/25/2023 | ATTORNEY Appearance for Defendant EagglewDirect by Christopher Paul Keleher |
10/25/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the joint status report [97]. The court has a conflicting hearing with the date and time the parties proposed. The parties should file a joint status report by 10/27/2023 with other proposed dates and times or reach out to the courtroom deputy to schedule the hearing. |
10/20/2023 | MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 10/20/2023. Counsel for defendants that appeared on the telephone call informed the court that their clients have settled with plaintiff. Plaintiff will file the appropriate dismissal papers next week. The remaining defendants and plaintiff are to confer and file a joint status report by 10/27/2023 updating the court on the status of settlement, propose dates for the preliminary injunction hearing, and indicate whether parties prefer the hearing to take place in person or over the phone. |
10/25/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File an Amended Schedule A |
10/23/2023 | RESPONSE by Plaintiff Milwaukee Electric Tool Corporation Answer to Defendants' Counterclaims |
10/23/2023 | STATUS Report Joint Status Report by Milwaukee Electric Tool Corporation |
10/20/2023 | CERTIFICATE of Service by Plaintiff Milwaukee Electric Tool Corporation |
10/19/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 10/19/2023: |
10/19/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court grants defendants' motion to amend [93] and enters a corrected preliminary injunction. Enter preliminary injunction. The former preliminary injunction [92] is stricken. Plaintiff is directed to serve Amazon with notice of the amended preliminary injunction and file a certificate of service on the docket. |
10/17/2023 | CERTIFICATE Certificate of Service |
10/17/2023 | MOTION by Defendants APTOOLER, HiTooler, LiBatter, Mrupoo Brand, sunmily to amend/correct preliminary injunction[91] |
10/17/2023 | NEW PARTIES: HTC-US, Jinlide, JYJZPB US, KEEPTOP-US, KTZAJO, Ladye, Lakiyna battery, Lasica Direct-US, LETS MEETi, Lordone-US, Malega, Mingchuanghui, Mrupoo Brand, NEWCQ, NinsoneUS, Pincon, PowerextraDirect, SURTOP-US, SWANKYDIRECT, SXGG, SYDIYIWL, Wakitt Direct, Willump, woodwooder-sx, XFGG and YCDZ-US added to case caption. |
10/17/2023 | NEW PARTIES: Wenyiduoe, XULINLIN9121, YogaitengzongLgd, yuxiaoying555, zbbs669shop, zhangfangye, Zhangyufeng93, ZhengHonMei, zhoufei3531, Acole, Akkucore, Askoteck, Azure Power Tech, BATINO BATTERY WORLD, BATTOOL-US, Bomibattery, BTMKSUS, Comby Power, Dr LI-Power, Dutyone, EagglewDirect, Elefly Direct-US, FERRYBOAT Direct, FLYLINKTECH and Geelink US added to case caption. |
10/17/2023 | NEW PARTIES: dahailove123, iioveferrari123, ismadhu-75, Aaron's battery, Agnessmgl, ANNEASTORE, aternee, BBATTOOL, bjyaksjdbzmxn, bonacelltech, Bonagettech, Darling991, Dashan children, djfiugirthw, Djidali, dtdmuzjxr, FHY250, FYYlovers, gsqkjshduiasfn, guoshengbiao123, hdkaksjfhajfv, Hewen de dian, High Capacity Battery, I am the alpha, jinglijuanl, Kaiyinger Leamam, Kaliou, KIJHWN, lapeynhey, lihongmei21105, lirui0808, liwenzhi058991, lmkaksjdhajsc, lyyaskjnbajikf, majacks, MarquisMattox, Mengte World, MY-2022, pengpeng BATTERY, Quality battery, QWC OVAIS, renghj, rongyishuangshop, Sdiven Battery Shop, Serena shop, shfjahsdfjjgsdf, shuangxueqiannian, Super power batt, SZNMX, Technology Battery, VOLT1799 and WangShi Group (HK) Co.,Ltd added to case caption. |
10/17/2023 | ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 10/17/2023. Mailed notice. |
10/17/2023 | NEW PARTIES: EBL Official Store, Fuoooziqi, Good Battery, Gouheng, Gulanly, harilla, HuangyunshiqW, Huiran De Dian, Ijhfi eowhgolih oih iohj ogihi oaergbvdfvsd, laowangzhongnian, lathutinh, Litaocao Bags, mahuyang72781, Morning Glory, MzartinSjaxton, piopo, play boy ok, Power tools0, qianruxiaodian, Qimengda Bags, shamjina, ssjfksjafhskfjfgsaf, teteka, tisoughthlntp, Topway Electronics Co.ltd., Venzhaor Wallsticker, wangzuyi, wyodahey, Yanwuliry, YongcanjiaBf, yuansanz, BONNII, Jiangsu Warmfast Electric Co., Ltd., Shenzhen Dongsen Industrial Technology Co., Ltd., Shenzhen WLG Tech Co., Ltd., access3cc and aliemall added to case caption. |
10/17/2023 | NEW PARTIES: bigoceanlove, lovefashion2u, 163wulintao, 98ZZT.YUD, balikha, cathang4, CijixingzhaipHh, cocoto, coinhubo, danhat, Devirg Battery World, dfnaioghjkersnjkldhnb and duyufeishop added to case caption. |
10/17/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 10/17/2023: |
10/17/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendant No. 135 "CBQ" is the only defendant who has appeared and objected to the motion for preliminary injunction [65]. No other defendant has appeared or filed an objection to the motion for preliminary injunction [29]. A preliminary injunction is appropriate for the same reasons a TRO was granted as to the defendants who have not appeared and are listed in the order. Plaintiff's motion for preliminary injunction ([29], [80]) is granted as to all defendants except defendant No. 135 "CBQ." 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 Exhibit 1 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. |
10/17/2023 | MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing set for 10/20/2023 at 10:30 a.m. Parties should be prepared to discuss the status of the case, scheduling matters (including whether they request a hearing on the motion for a preliminary injunction and if so when), and the status of settlement. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. |
10/16/2023 | Amended Schedule A by Milwaukee Electric Tool Corporation |
10/15/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has received the renewed motion for entry of a preliminary injunction [80]. By 10/17/2023, plaintiff should file the amended Schedule A on the docket and an updated and redlined proposed preliminary injunction order reflecting the current Schedule A. |
10/15/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 79 is granted. The defendants listed in 79 are dismissed with prejudice. |
10/15/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion to compel [78] is granted. By 10/17/2023, Plaintiff is directed to serve Amazon with notice of [25] and file a certificate of service on the docket. |
10/15/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendants Vanon Direct, Mingsci Direct, THISS, JinWonNeng, coolsoul Direct, VANTTECH Direct, Exun Direct, Vinida Direct, Blandlighting, Tuoxin Direct, Dasnite Direct, Aimaya, Thiss US, Newbula, PDstation-US, Yangdock E-commerce, THISSENERGYSYSTEM Direct, AKKUCORE-US, FirstPower and Powerextra's third unopposed motion for extension of time to answer or otherwise plead [77] is granted. By 10/16/2023, these defendants should answer or otherwise plead. |
10/13/2023 | REPLY by Plaintiff Milwaukee Electric Tool Corporation Plaintiff's Reply in Support of Entry of a Preliminary Injunction 附件: 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F |
10/12/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[80] |
10/12/2023 | MEMORANDUM by Milwaukee Electric Tool Corporation in support of motion for preliminary injunction[80] |
10/12/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for preliminary injunction Plaintiff's Renewed Motion for Entry of a Preliminary Injunction Nunc Pro Tunc as of August 16, 2023 |
10/11/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File an Amended Schedule A |
10/10/2023 | MOTION by Defendants APTOOLER, DheTech (Mrupoo Brand), HiTooler, LiBatter, sunmily to compel notice re: Dkt. 25 附件: 1:Exhibit 1 |
10/10/2023 | MOTION by Defendants AKKUCORE-US, Aimaya, Blandlighting, Dasnite Direct, Exun Direct, FirstPower, JinWonNeng, Mingsci Direct, Newbula, PDstation-US, Powerextra, THISS, THISSENERGYSYSTEM Direct, Thiss US, Tuoxin Direct, VANTTECH Direct, Vanon Direct, Vinida Direct, Yangdock E-commerce, coolsoul Direct for extension of time to file answer regarding complaint[1] (Third Unopposed Motion) |
10/07/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendants Vanon Direct, Mingsci Direct, THISS, JinWonNeng, coolsoul Direct, VANTTECH Direct, Exun Direct, Vinida Direct, Blandlighting, Tuoxin Direct, Dasnite Direct, Aimaya, Thiss US, Newbula, PDstation-US, Yangdock E-commerce, THISSENERGYSYSTEM Direct, AKKUCORE-US, FirstPower and Powerextra's unopposed second motion for extension of time to answer or otherwise plead [71] is granted. These defendants should answer or otherwise plead by 10/9/2023. |
10/06/2023 | STATUS Report Joint Status Report by Milwaukee Electric Tool Corporation |
10/03/2023 | MINUTE entry before the Honorable Martha M. Pacold: The parties should file a joint status report due by 10/6/2023 with an update on the status of the case, including the parties remaining in the litigation (appearing or nonappearing), whether any remaining defendant opposes the preliminary injunction motion, and (1) if so, listing the relevant filings, or (2) if not, providing the status of the case as to those defendant(s). |
10/03/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendants Boetpcr-US, Dosctt-Us, Munikind-US, enermall-us's agreed motion to withdraw their opposition to a preliminary injunction [69] is granted. |
10/02/2023 | ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Anytak, Enting, Zenander against Milwaukee Electric Tool Corporation. by Anytak, Enting, Zenander |
10/02/2023 | MOTION by Defendants AKKUCORE-US, Aimaya, Blandlighting, Dasnite Direct, Exun Direct, FirstPower, JinWonNeng, Mingsci Direct, Newbula, PDstation-US, Powerextra, THISS, THISSENERGYSYSTEM Direct, Thiss US, Tuoxin Direct, VANTTECH Direct, Vanon Direct, Vinida Direct, Yangdock E-commerce, coolsoul Direct for extension of time to file answer regarding complaint[1] (Second Unopposed Motion) |
10/02/2023 | ANSWER to Complaint by CBQ |
09/29/2023 | MOTION by Defendants Boetpcr-US, Dosctt-Us, Munikind-US, enermall-us to withdraw response in opposition to motion, [34] AGREED |
09/20/2023 | by Milwaukee Electric Tool Corporation Amended Schedule A |
09/18/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to exceed page limitation [62] is granted. The reply [63] is already on the docket. |
09/18/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A by dropping defendants No. 2 "gracekarincollection," No. 3 "industrial-ukhk," No. 54 "craftstools," No. 119 "ANJIRODXT," No. 121 "Aoyan," No. 126 "BAT INC," No. 139 "Damaite," No. 141 "DJW Inc," No. 144 "DSANKE," No. 147 "ELECBRAIN," No. 156 "FhyBat-US," No. 161 "GDLIFE," No. 166 "Jialitt," No. 170 "Kingbatt," No. 179 "LINH TOOL BATTERY," No. 197 "SpuerCell Direct," No. 202 "SZ-JHM tool battery," No. 203 "Taurus King," No. 204 "TenHutt Direct-US," No. 209 "Valora Tawnie," No. 213 "waitley," No. 220 "Yabelle," No. 224 "YOSOMTOM," from the Schedule A [61] is granted. Plaintiff should file an amended Schedule A on the docket by 9/21/2023. These defendants are terminated with prejudice. |
09/18/2023 | RESPONSE by CBQin Opposition to MOTION by Plaintiff Milwaukee Electric Tool Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [29] 附件: 1:Exhibit A 2:Exhibit B |
09/15/2023 | ATTORNEY Appearance for Defendant CBQ by David Randolph Bennett |
09/15/2023 | RESPONSE by Plaintiff Milwaukee Electric Tool Corporation Plaintiff's Reply in Support of Entry of a Preliminary Injunction 附件: 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F 7:Exhibit G |
09/15/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file excess pages Plaintiff's Motion for Leave to Exceed Page Limitation |
09/15/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File an Amended Schedule A |
09/14/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's third motion for extension of time to file a reply in support of the motion for a preliminary injunction as to Defendant Nos. 48 "sunmily", 122 "APTOOLER", 163 "HiTooler", 178 "LiBatter" and 185 "Mrupoo Brand" [59] is granted. This will be the final extension. Plaintiff's reply in support of the motion for preliminary injunction [29] is due by 9/15/2023. |
09/13/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for extension of time Plaintiff's Opposed Motion for a Third Extension of Time to File a Reply in Support of Plaintiff's Motion for Entry of a Preliminary Injunction [Dkt. Nos. 29, 30] |
09/13/2023 | REPLY by Plaintiff Milwaukee Electric Tool Corporation Plaintiff's Reply in Support of Entry of a Preliminary Injunction 附件: 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D |
09/11/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's second unopposed motion for extension of time to file a reply in support of the motion for preliminary injunction [56] is granted. Plaintiff's reply in support of the motion for preliminary injunction [29] is due by 9/13/2023. |
09/08/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for extension of time Plaintiff's Unopposed Motion for a Second Extension of Time to File Reply in Support of Motion for Entry of a Preliminary Injunction Against Defendants |
09/07/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for extension of time to file a reply in support of the motion for preliminary injunction [54] is granted. Plaintiff's reply in support of the motion for preliminary injunction [29] is due by 9/8/2023. |
09/05/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for extension of time Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of Motion for Entry of a Preliminary Injunction Against Defendants |
09/01/2023 | ANSWER to Complaint by APTOOLER, DheTech (Mrupoo Brand), HiTooler, LiBatter, sunmily |
09/01/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendants CBQ, Anytak, Enting, and Zenander's unopposed motions for an extension of time to answer or otherwise plead to the complaint [50] and [51] are granted. CBQ, Anytak, Enting, and Zenander shall answer or otherwise plead by 10/2/2023. Mailed notice |
08/31/2023 | MOTION by Defendants Anytak, Enting, Zenander for extension of time to file answer on or before October 2, 2023. (UNOPPOSED) |
08/31/2023 | MOTION by Defendant CBQ for extension of time to file answer or otherwise respond to plaintiff's complaint (unopposed) |
08/30/2023 | MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time to file an answer [48] is granted. Defendants AKKUCORE-US, Aimaya, Blandlighting, Dasnite Direct, Exun Direct, FirstPower, JinWonNeng, Mingsci Direct, Newbula, PDstation-US, Powerextra, THISS, THISSENERGYSYSTEM Direct, Thiss US, Tuoxin Direct, VANTTECH Direct, Vanon Direct, Vinida Direct, Yangdock E-commerce, and coolsoul Direct shall file an answer by 10/2/2023. |
08/29/2023 | MOTION by Defendants AKKUCORE-US, Aimaya, Blandlighting, Dasnite Direct, Exun Direct, FirstPower, JinWonNeng, Mingsci Direct, Newbula, PDstation-US, Powerextra, THISS, THISSENERGYSYSTEM Direct, Thiss US, Tuoxin Direct, VANTTECH Direct, Vanon Direct, Vinida Direct, Yangdock E-commerce, coolsoul Direct for extension of time to file answer regarding complaint[1] (UNOPPOSED) |
08/29/2023 | Amended Schedule A by Milwaukee Electric Tool Corporation |
08/25/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff filed a notice of filing as the primary document rather than the amended Schedule A. [45]. By 8/29/2023, plaintiff should refile and make the amended Schedule A a standalone entry on the docket. |
08/24/2023 | NOTICE by Milwaukee Electric Tool Corporation Notice of Filing 附件: 1:Amended Schedule A |
08/23/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A [42] by dropping defendants No. 149 Energup and No. 219 XNJTG from the Schedule A form is granted. Plaintiff should file an amended Schedule A on the docket by 8/25/2023. Defendants Energup and XNJTG terminated. |
08/22/2023 | RESPONSE by APTOOLER, DheTech (Mrupoo Brand), HiTooler, LiBatter, sunmilyin Opposition to MOTION by Plaintiff Milwaukee Electric Tool Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction [29] 附件: 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:Exhibit F 7:Exhibit G 8:Exhibit H 9:Exhibit I |
08/22/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file Motion for Leave to File an Amended Schedule A |
08/22/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's response [40]. In light of the information contained in the response, the court grants defendants' motion to set briefing schedule [38] in part and denies it as moot in part. Plaintiff's reply to the motion for preliminary injunction [29] is due by 9/5/2023. Defendants' motion's request to unseal the files and turn them over is denied as moot as plaintiff has provided defendants' counsel with the relevant material. |
08/21/2023 | RESPONSE by Plaintiff Milwaukee Electric Tool Corporation Plaintiff's Response to Defendants' Motion to Set a Briefing Schedule [DKT. NO. 38] |
08/17/2023 | MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the recently filed response to the motion for preliminary injunction [34] and the motion to set a briefing schedule and to unseal the Paragoso Declaration [38]. Plaintiff is directed to file a response to the motion [38] by 8/21/2023 as to the propriety of unsealing the declaration and turning over the evidence files. The court will set a briefing schedule on the motion for preliminary injunction [29] once plaintiff responds to the other outstanding items in defendants' motion. If possible, the parties should meet and confer and agree on a briefing schedule and submit it to proposed_order_pacold@ilnd.uscourts.gov. |
08/15/2023 | MOTION by Defendants APTOOLER, DheTech (Mrupoo Brand), HiTooler, LiBatter, sunmily to set a briefing schedule |
08/15/2023 | ATTORNEY Appearance for Defendants HiTooler, APTOOLER, DheTech (Mrupoo Brand), LiBatter, sunmily by Adam Edward Urbanczyk |
08/15/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anytak, Enting, Zenander |
08/15/2023 | ATTORNEY Appearance for Defendants Anytak, Enting, Zenander by Edward Chen |
08/15/2023 | RESPONSE by Boetpcr-US, Dosctt-Us, Munikind-US, enermall-usin Opposition to MOTION by Plaintiff Milwaukee Electric Tool Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction 29 附件: 1:Exhibit A 2:(Exhibit B) |
08/14/2023 | SUMMONS Returned Executed by Milwaukee Electric Tool Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/11/2023, answer due 9/1/2023. |
08/11/2023 | ATTORNEY Appearance for Defendants Vanon Direct, Mingsci Direct, THISS, JinWonNeng, coolsoul Direct, VANTTECH Direct, Exun Direct, Vinida Direct, Blandlighting, Tuoxin Direct, Dasnite Direct, Aimaya, Thiss US, Newbula, PDstation-US, Yangdock E-commerce, THISSENERGYSYSTEM Direct, AKKUCORE-US by Erin Kathryn Russell |
08/11/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
08/11/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29 |
08/11/2023 | MEMORANDUM by Milwaukee Electric Tool Corporation in support of motion for preliminary injunction 29 |
08/11/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
08/10/2023 | ATTORNEY Appearance for Defendant CBQ by Steven G Kalberg |
08/09/2023 | ATTORNEY Appearance for Defendants Dosctt-Us, enermall-us, Boetpcr-US, Munikind-US by Christopher Paul Keleher |
08/02/2023 | ATTORNEY Appearance for Defendants FirstPower, Powerextra by Erin Kathryn Russell |
08/01/2023 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 24 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 22 entered on 7/19/2023 is extended until 8/16/2023. |
07/28/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
07/26/2023 | SURETY BOND in the amount of $ 10,000 posted by Milwaukee Electric Tool Corporation (Document not scanned.) |
07/19/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/19/2023: |
07/19/2023 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 6, for electronic service of process, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 10 are granted. Plaintiff's motion for leave to file excess pages 9 is also 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 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. 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 (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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. |
07/18/2023 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
07/18/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
07/14/2023 | Notice of Claims Involving Trademarks by Milwaukee Electric Tool Corporation |
07/14/2023 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Exhibit 2 Part 6 of Paragoso Declaration |
07/14/2023 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Exhibit 2 Part 5 of Paragoso Declaration |
07/14/2023 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Exhibit 2 Part 4 of Paragoso Declaration |
07/14/2023 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Exhibit 2 Part 3 of Paragoso Declaration |
07/14/2023 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Exhibit 2 Part 2 of Paragoso Declaration |
07/14/2023 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Exhibit 2 Part 1 of Paragoso Declaration |
07/14/2023 | MEMORANDUM by Milwaukee Electric Tool Corporation in support of motion for temporary restraining order, 10 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) |
07/14/2023 | MOTION by Plaintiff Milwaukee Electric Tool 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 |
07/14/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
07/14/2023 | 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. |
07/14/2023 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. |
07/14/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Milwaukee Electric Tool Corporation |
07/14/2023 | SEALED DOCUMENT by Plaintiff Milwaukee Electric Tool Corporation Sealed Schedule A |
07/14/2023 | MOTION by Plaintiff Milwaukee Electric Tool Corporation to seal document Plaintiff's Motion for Leave to File Under Seal |
07/14/2023 | ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by Robert Payton Mcmurray |
07/14/2023 | ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by William Benjamin Kalbac |
07/14/2023 | ATTORNEY Appearance for Plaintiff Milwaukee Electric Tool Corporation by Michael A. Hierl |
07/14/2023 | CIVIL Cover Sheet |
07/14/2023 | COMPLAINT filed by Milwaukee Electric Tool Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-20829291. 附件: 1:(Exhibit 1) |