最近更新：2025-05-14
2023-cv-01923
| 日期 | 描述 |
|---|---|
| 08/01/2024 | SATISFACTION of Judgment |
| 06/28/2024 | ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 6/28/2024. Mailed notice. |
| 06/28/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff timely filed its memorandum 129 in support of its request for a default judgment in the amount of $100,000 as to Defendant Electrician Guy. The Court gave Defendant Electrician Guy until June 27, 2024 to object to default in this amount 127. Nothing was filed, nor did Defendant respond to or otherwise oppose the initial request for a default 128. For the reasons set forth in Plaintiff's memorandum, the request is granted. It is undisputed that Defendant's website has a history of being accused of trademark infringement and of selling counterfeit products, including in at least 4 cases filed in this district (more if you include Defendant's apparently related website, The Green Market); its conduct is willful and it has a lengthy history of being accused of selling counterfeit products in this District; and Defendant has a Walmart account balance of $145,468.92. The Court agrees that under the circumstances, damages in the amount of $100,000 is appropriate for infringement of Plaintiff's marks, which irreparably harms Plaintiff and confuses the public. After considering the nature of the products, the price point, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award. Separate order to issue. Civil case terminated. Mailed notice. |
| 06/25/2024 | MEMORANDUM by Those Characters from Cleveland, LLC Plaintiff's Supplemental Memorandum in Support of Statutory Damages Against Defendant No. 145 "THE ELECTRICIAN GUY" 附件： 1:Exhibit A 2:Exhibit B 3:(Exhibit C) |
| 06/20/2024 | ORDER Signed by the Honorable Lindsay C. Jenkins on 6/20/2024. Mailed notice. |
| 06/20/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's Petition for Entry of a Default Judgment and for Attorney's Fees and Costs 124 is granted as unopposed pursuant to FRCP 37. As a sanction, the Court enters a default judgment as to liability against Defendant Electrician Guy. Plaintiff requests that default judgment be issued in the amount of $100,000, which the Court takes under advisement. Any objection to an award in this amount must be filed on or before June 27, 2024. If no objections are filed by that date, the court will consider the motion unopposed. By June 25, 2024, Plaintiff shall submit a proposed order to the Court's proposed order box, and Plaintiff should file on the docket any materials it wishes for the Court to consider in support of the amount it seeks. Plaintiff's request for an order directed to the relevant platforms to permanently disable Defendant's account is granted. Finally, the Court grants Plaintiff's request for $5,498,50 in attorney's fees and costs pursuant to Rule 37(b)(2)(C) and (d)(3). See attached Order for further details. Mailed notice. |
| 06/20/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The status hearing set for July 10, 2024 125 is stricken. Mailed notice. |
| 06/03/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Electrician Guy's response to Plaintiff's petition for default judgment, attorney fees and costs 124, which arises from the Court's order at 121 is due by June 13, 2024 and any reply is due by June 24, 2024. The matter is set for an in-person status hearing on July 10, 2024 at 9:30 am for a ruling on the motion. Mailed notice. |
| 05/30/2024 | by Those Characters from Cleveland, LLC Plaintiff's Petition for Attorney Fees, Costs and Default Judgment Against Defendant No. 145 "ELECTRICIAN GUY" 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:(Exhibit E) |
| 05/22/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Neither party appeared when the case was called on May 22, 2204 for a status hearing. No motion for default judgment (in the form of a Rule 37(b)(2)(A)(vi) sanction) was filed 121 so the Court assumes that Defendant Electrician Guy adequately and completely responded to Plaintiff's discovery requests by the May 16, 2024 deadline. If this is not correct, Plaintiff must promptly file its motion for sanctions or other appropriate relief. Otherwise, the parties are to file a joint status report as to the progress of fact discovery by May 31, 2024.Mailed notice. |
| 05/06/2024 | Response to Order to Show Cause (ECF 121) STATEMENT by Electrician Guy |
| 05/02/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Rule to show cause hearing held and continued to May 22, 2024, at 9:30 a.m. Defendant Electrician Guy through its Attorney Baruch S. Gottesman again failed to appear. Plaintiff's motion to compel 118 is granted. Plaintiff's motion establishes that Defendant Electrician Guy's responses to Plaintiff's discovery requests were due by February 5, 2024, but that date has passed with no response and no request for an extension of time. Defendant Electrician Guy's responses to all outstanding discovery items are to be submitted to Plaintiff's counsel no later than May 16, 2024. If Defendant fails to comply with this deadline, then Plaintiff may file a motion for default judgment as to Defendant Electrician Guy (or any other appropriate relief) as a sanction for failure to comply under FRCP 37(b)(2)(A)(vi) or the Court's inherent authority. Separately, Attorney Brauch S. Gottesman is ordered to explain by May 6, 2024, why he and Defendant Electrician Guy should not be sanctioned for failing to comply with this court's orders [117, 119]. Specifically, Counsel is ordered to explain why he failed to appear by phone on April 18, 2024 and why he failed to appear in person in response to the show cause order on May 2, 2024. Failure to file a response by May 6, 2024 may result in additional sanctions including but not limited to the Court referring Attorney Baruch S. Gottesman to the Executive Committee for disciplinary proceedings. Mailed notice. |
| 04/19/2024 | STATUS Report Joint Initial Status Report by Those Characters from Cleveland, LLC |
| 04/18/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: Telephone conference held. Counsel for Defendant Electrician Guy failed to appear. Plaintiff's opposed motion to compel production of documents and award attorney fees and cost against Defendant Electrician Guy 118 is entered and continued. Defendant Electrician Guy shall respond by May 1, 2024. For the reasons stated on the record, defendant Electrician Guy, through its Attorney Baruch S. Gottesman, is ordered to appear in person Judge Jenkins's courtroom at 219 South Dearborn Street, Chicago, Illinois, on May 2, 2024, at 9:15 a.m., to show cause why it should not be held in contempt for failing to comply with the Court's order. Mailed notice. |
| 04/18/2024 | MOTION by Plaintiff Those Characters from Cleveland, LLC to compel Plaintiff's Opposed Motion to Compel Production of Documents and Award Attorney Fees and Costs Against Defendant No. 145 "ELECTRICIAN GUY" |
| 04/15/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The matter is set for a telephonic status hearing on April 18, 2024 at 9:45 am. Based on the most recent status report, the Court intends to set a shortened dispositive motion briefing schedule as proposed by Plaintiff. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1831, Access Code: 1038210. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice. |
| 04/15/2024 | STATUS Report by Those Characters from Cleveland, LLC |
| 03/25/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The parties settled this matter in January 2024. Since that time, they have twice been given opportunities to promptly bring the case to its conclusion through a stipulation of dismissal 111 and 113. The latest status report indicates that they still need more time. The parties have until April 15, 2024 to file a stipulation of dismissal. If the parties have not been able to comply with the terms of their agreement by that date, the Court will dismiss the case without prejudice and that dismissal will convert to dismissal with prejudice by a date certain. Mailed notice. |
| 03/22/2024 | STATUS Report Joint Status Report by Those Characters from Cleveland, LLC |
| 02/22/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: A further status report as to settlement is due by March 22, 2024 unless a stipulation of dismissal is filed sooner. Mailed notice. |
| 02/21/2024 | STATUS Report Joint Status Report by Those Characters from Cleveland, LLC |
| 01/19/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: By February 21, 2024, the parties are to file a joint status report as to the status of settlement, unless a stipulation of dismissal is filed sooner. Mailed notice. |
| 01/18/2024 | MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference held (by video) on 1/18/2024. The parties reached a settlement, and are to promptly draft and execute settlement documents. All matters relating to the referral have been completed so the referral is closed. Mailed notice |
| 01/17/2024 | MINUTE entry before the Honorable Sheila M. Finnegan: This case is scheduled for a settlement conference tomorrow (1/18/2024). By agreement and per the Court's order on 11/20/2023, Defendant's response to Plaintiff's settlement letter was to be sent by 1/11/2024. On 1/12/2024, the courtroom deputy sent a reminder email to defense counsel about the due date but received no response. To date, defense counsel has neither sent a settlement letter nor requested an extension of time. If the letter with counteroffer is not emailed to chambers_finnegan@ilnd.uscourts.gov by 4 p.m. today, the settlement conference will be cancelled and defendant will be ordered to show cause why sanctions should not be imposed. Mailed notice |
| 01/12/2024 | MINUTE entry before the Honorable Lindsay C. Jenkins: The discovery schedule set by 102 remains in effect and the parties are to file a joint status report as to whether fact discovery will close on time (that is, by May 3, 2024), by April 19, 2024. Mailed notice. |
| 01/11/2024 | STATUS Report by Those Characters from Cleveland, LLC Presented before District Judge |
| 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. |
| 12/19/2023 | SATISFACTION of Judgment |
| 11/29/2023 | SATISFACTION of Judgment |
| 11/20/2023 | MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference with Plaintiff and Defendant No. 145 "Electrician Guy" (by videoconference) is set for 1/18/2024 at 2:00 p.m. All participants must be available at 1:30 p.m. on the day of the conference to receive and open a link to Webex and be instructed by the courtroom deputy on using the camera, audio, and messaging features. Plaintiff's counsel is to provide a settlement letter by 12/28/2023. Defense counsel is to provide a responsive letter by 1/11/2024. The letters are to be sent by e-mail to Chambers_Finnegan@ilnd.uscourts.gov on the due dates. Mailed notice |
| 11/16/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The Court sets the following fact discovery schedule, but encourages the parties to proceed with their settlement efforts. Rule 26(a)(1) disclosures are due by December 1, 2023; written discovery to issue by January 5, 2024 and all fact discovery should be noticed in time for completion by May 3, 2024. The remaining dates will be set closer to the end of fact discovery. By January 10, 2024, the parties are to file a joint stats report as to the progress of settlement discussions and of fact discovery. Mailed notice. |
| 11/15/2023 | STATUS Report Joint Status Report by Those Characters from Cleveland, LLC Presented before District Judge |
| 11/07/2023 | ANSWER to Complaint by Electrician Guy |
| 11/06/2023 | MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred to Magistrate Judge Finnegan to conduct a settlement conference. The parties (Plaintiff and Defendant No. 145 "Electrician Guy") shall jointly contact the courtroom deputy (312-408-5110) with mutually agreeable dates for a settlement conference or appear on 11/16/2023 at 9:15 a.m. for a telephone status hearing. The parties are directed to review and comply with Magistrate Judge Finnegan's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge Finnegan and then the link for "Settlement Conferences"). The toll-free number for the hearing is 877-336-1831, access code 5995354. The telephone status will be cancelled should the parties contact the courtroom deputy to schedule the settlement conference prior to the hearing. Mailed notice |
| 11/03/2023 | SATISFACTION of Judgment |
| 11/03/2023 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: settlement conference.Mailed notice. |
| 11/03/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: At the parties' request, this case is referred to Magistrate Judge Finnegan for a settlement conference. Mailed notice. |
| 11/02/2023 | STATUS Report Joint Initial Status Report by Those Characters from Cleveland, LLC |
| 10/27/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiffs' motion for an extension of time [91] is granted. The remaining parties' joint status report is due by November 1, 2023. Mailed notice. |
| 10/27/2023 | ENTERED PARTIAL JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 10/27/2023. Mailed notice. |
| 10/27/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant Electrician Guy. No remaining Defendants have responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [53] is granted in part. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. Mailed notice. |
| 10/26/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Motion for a First Extension of Time to File a Joint Status Report |
| 10/25/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order does not apply to Defendant. Electrician Guy. Defendant High quality mall's responsive pleading was due by October 24, 2023 but no complaint was filed. In connection with the motion for default judgment [53], Plaintiffs are to submit a revised proposed order to the Court's proposed order mailbox as to any remaining non-answering Defendants by October 26, 2023. Mailed notice. |
| 10/23/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins:Defendant Electrician Guy's motion to dismiss [76] is denied. Defendant's opening brief raised several arguments in support of a dismissal based on the lack of issuance of a summons or proof of service of process, the failure to supply Chinese-language translations without confirmed delivery, and the failure to comply with the Hague Convention. Plaintiffs' response brief spells out how proof of service was accomplished, and review of the relevant docket entries, including [22], [33], [34], [52], satisfy the Court that service was proper (and properly accomplished) by electronic means. Defendant's reply brief either fails to respond to these arguments, or it cites to non-precedential opinions from other district courts, which this Court declines to follow. Regarding the Hague Convention, service by email is not specifically provided for in the Convention, but neither is it forbidden. See MacLeanFogg Co. v. Ningbo Fastlink Equip. Co., No. 08 CV 2593, 2008 WL 5100414, at *2 (N.D. Ill. Dec. 1, 2008). Nor is the Court persuaded that venue is improper: Defendant's reply brief offers no response to Plaintiff's assertion that Defendant agreed to ship a counterfeit Care Bears plush bear to Bensenville, Illinois. Finally, the Court disagrees that Count IV of the complaint fails to comply with FRCP 8(a). Plaintiffs have satisfied the notice pleading requirements necessary to proceed with their Illinois Uniform Deceptive Trade Practices Act claim. Defendant Electrician Guy's answer to the complaint is due by 11/7/2023 and by 11/14/2023 the parties are to submit a case management plan. Mailed notice. |
| 10/17/2023 | REPLY by Defendant Electrician Guy to affidavit in support of motion, [78], Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction, motion to quash, [76], Response[87], memorandum in support of motion[77], order on motion for order, Order on Motion to Dismiss for Failure to State a Claim, order on motion to dismiss/lack of jurisdiction, order on motion to quash, set motion and R&R deadlines/hearings, [79] 附件： 1:Affidavit Affidavit in Further Support of Motion Dismiss 2:Exhibit A - Screenshot of https://www.walmart.com/seller/101205996 as of October 3:Exhibit B - Order authorizing alternative service when address is *not* known in |
| 10/05/2023 | RESPONSE by Plaintiff Those Characters from Cleveland, LLC Plaintiff's Response to Defendant 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C |
| 10/04/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendants No. 7, 8, 10 |
| 10/04/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant High quality mall's motion for extension of time [84] is granted. Defendant High quality mall's responsive pleading is due by October 24, 2023.Mailed notice. |
| 10/03/2023 | MOTION by Defendant High quality mall for extension of time |
| 09/20/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 47, 147 |
| 09/13/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant High quality malls' unopposed motion for extension of time [81] is granted. Defendant High quality malls' responsive pleading is due by October 3, 2023. Mailed notice. |
| 09/12/2023 | MOTION by Defendant High quality mall for extension of time UNOPPOSED |
| 09/07/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 24 |
| 09/05/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's response to the motion to dismiss [76] is due by 10/5/2023 and Defendant Electrician Guy's reply is due by 10/19/2023. Defendant Electrician Guy's motion pursuant to Fed. R. Civ. P. 5(c) is granted, in part [74]. In line with other "Schedule A" cases filed in this District, and pursuant, in part, to Fed. R. Civ. P. 5(c), Defendant Electrician Guy need not serve its pleadings, Motions, responses and replies to Motions, and other filings on any co-Defendants; it need only perfect service by ECF. Mailed notice. |
| 09/03/2023 | AFFIDAVIT by Defendant Electrician Guy in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Electrician Guy MOTION by Defendant Electrician Guy to dismiss for lack of jurisdiction MOTION by Defendant Electrician Guy to quash [76] 附件： 1:Exhibit A - Docket in Purple Innovation v. Chuang Fan Handicraft, et al., 2:22-c 2:Exhibit B - Screenshots from chinafirewalltest.com 3:Exhibit C - Order in Mwami v. U.S., et al., 1:99-cv-125 (D.D.C.) 4:Exhibit D - Order in Langford v. Jurez Cartel, et al., 1:20-cv-132 (D.N.D.) 5:Exhibit E - Proof of Service in Purple Innovation v. Chuang Fan Handicraft, et a 6:Exhibit F - Brief of Amici Curiae in Palace Skateboards Grp. v. Aimeey, et al., |
| 09/03/2023 | MEMORANDUM by Electrician Guy in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction, motion to quash, [76] |
| 09/03/2023 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Electrician Guy, MOTION by Defendant Electrician Guy to dismiss for lack of jurisdiction, MOTION by Defendant Electrician Guy to quash 附件： 1:Text of Proposed Order |
| 09/03/2023 | MEMORANDUM by Electrician Guy in support of motion for order, [74] |
| 09/03/2023 | MOTION by Defendant Electrician Guy for order Pursuant to Rule 5(c)(1) that Service of Pleadings by Defendant on Plaintiff constitutes Notice of the Pleadings on All Parties and Related Relief 附件： 1:Text of Proposed Order |
| 09/01/2023 | ENTERED CONSENT JUDGMENT AS TO DEFENDANT YANSHOP Signed by the Honorable Lindsay C. Jenkins on 9/1/2023. Mailed notice. |
| 09/01/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for a consent judgment [71] is granted. Separate order to issue.Mailed notice. |
| 08/31/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC Agreed Motion for Entry of Consent Judgment |
| 08/23/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 65 |
| 08/23/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant High quality mall's unopposed motion for extension of time [68] is granted. The responsive pleading is now due by September 12, 2023. Mailed notice. |
| 08/22/2023 | MOTION by Defendant High quality mall for extension of time UNOPPOSED |
| 08/14/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins:Given the circumstances and timing, including that Defendant Electrician Guy filed an appearance and promptly sought to vacate the Court's default order, the motion opposing entry of default judgment is granted [62]. Defendant Electrician Guy's answer or responsive pleading (which Defendant says may include a motion to dismiss or sever) is due on or before September 5,2023. Plaintiff's response to any motion is due by October 5, 2023. The parties are to file a joint status report as to the status of their settlement discussions on or before October 26, 2023.Mailed notice. |
| 08/14/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to appear pro hac vice [64] is granted. Mailed notice. |
| 08/13/2023 | MEMORANDUM by Electrician Guy in Opposition to motion for default judgment[53] 附件： 1:Exhibit Order of District Judge Colleen Kollar-Kotelly, Mwami v. U.S., et al., C 2:Exhibit Order of Magistrate Judge Clare R. Hochhalter, Langford v. Jurez Cartel, |
| 08/13/2023 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20923799. |
| 08/09/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Electrician Guy's motion for extension of time [62] is granted. Defendant Electrician Guy's opposition to the entry of default is due by August 21, 2023. Mailed notice. |
| 08/08/2023 | MOTION BY DEFENDANT "ELECTRICIAN GUY" FOR AN EXTENSION OF TIME TO OPPOSE ENTRY OF DEFAULT JUDGMENT AND TO ANSWER OR OTHERWISE MOVE WITH RESPECT TO THE COMPLAINT. |
| 08/08/2023 | ATTORNEY Appearance for Defendant Electrician Guy by Baruch S. Gottesman. |
| 08/04/2023 | CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Those Characters from Cleveland, LLC |
| 08/02/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [53] for entry of default and default judgment against certain Defendants. With the exception of High quality malls, all remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure, except as to Defendant High quality malls. Any objections to the motion for entry of default judgment must be filed on or before August 8, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. |
| 08/02/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Over Plaintiff's objection, Defendant High quality malls' motion for extension of time [57] is granted. Defendant High quality malls' response is due by or before August 22, 2023. Mailed notice. |
| 08/01/2023 | MOTION by Defendant High quality mall for extension of time |
| 08/01/2023 | ATTORNEY Appearance for Defendant High quality mall by Adam Edward Urbanczyk |
| 07/31/2023 | DECLARATION of Michael A. Hierl regarding motion for default judgment 53 附件： 1:(Exhibit Hierl Exhibit 1) |
| 07/31/2023 | MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for default judgment 53 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 07/31/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A |
| 07/31/2023 | DECLARATION of Robert P. McMurray Declaration of Service |
| 07/18/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 170 |
| 07/14/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 131, 135, 136 |
| 06/27/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 162 |
| 06/12/2023 | ENTERED CONSENT JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 6/12/2023. Mailed notice. |
| 06/12/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's motion for an agreed entry of consent judgment 45 is granted. Enter consent judgment. Mailed notice. |
| 06/09/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 77 |
| 06/09/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC Agreed Motion for Entry of Consent Judgment |
| 06/08/2023 | ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 6/8/2023. Mailed notice. |
| 06/08/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The Agreed Motion for Entry of Consent Judgment as to Defendant No. 147 "fajkfh" is granted 42. Enter Order. Mailed notice. |
| 06/07/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC Agreed Motion for Entry of Consent Judgment |
| 05/25/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 70 |
| 05/18/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 171 |
| 05/12/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/09/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 68 |
| 05/04/2023 | NEW PARTIES: Hgmbmjx Co.Ltd, High quality mall, Juash, KKO Gift Store, KUANBIAO, LAIQIANKUA, Legendary KINGSKANG, Leslie Trading Co., Ltd, Lianhe, Li-Flames, Linkes, mengchengxianhehuashangmaoyouxiangongsi, MianYangYaXinLiKeJiYouXianGongSi, Muba shop, NZBZ, Octavianus, Purple Sky, Qionghai Niwanle Trading Co., Ltd., SEVCHE LLC, SunflowerShop, Taiyuanshierdunyindianzishangwuyouxiangongsi, tangshanyinuozhuangshisheji, Wcmengli.co.ltd, YANSHOP, YOONA STORE, yuanquxianyoumanshangmaoyouxiangongsi, yunlimiwangluokeji, ZEMAY.CO,Ltd, ZHENFENG Co., Ltd, ZIXIN Co.Itd and ZXC.Co-Ltd added to case caption. |
| 05/04/2023 | NEW PARTIES: LY THI NGUYEN SHOP, Mao Lan Shang Mao, MingYongDianZi, NanChangGuPenDaiShangWuKeJiYouXianGongSi, Nanci Kiwi, Nesters Market, niehaide, Nvt593, PickDepartmentStores, Quynhnhu1123, Schonkleid, Shop Phat, THUPHUONGGY, TingYinBanWenJuDian US, WangYaSenShanXiDaJiAi, Ya Sia Family, RAnATEX InC, Hefei Cuone Trading Co., Ltd., Jianzhong Trading, ae058 Store, ae174 Store, ae408 Store, ae567 Store, ae609 Store, ae854 Store, ae957 Store, ai808 Store, ai809 Store, ai810 Store, ai826 Store, bellarseller Store, chhsunny Store, crocdhshoe Store, cyardbag Store, doer69 Store, DW Best Store, erfd852 Store, fgjr309 Store, governor011 Store, hongkongmydjewelry, imogeny Store, lulu682021 Store, mkij851 Store, sixeighttoys Store, surprise wholesale Store, vseason Store, wedsw96 Store, wedsw99 Store, AnQingZhouXinShangMao, BeiJiLa Co.Ltd, Chrysanthemum, Daiyi, DeepSea, DGXB, Electrician Guy, Esst shop, fajkfh, Fangqinghaofa, Golden flying swan, guang zhou jiao jiao mao yi and hefeimantiefanshanwangluokejiyouxiangongs added to case caption. |
| 05/04/2023 | NEW PARTIES: qhgaoshen.co.ltd, SHISHANGXUAN, Tensin Co. Ltd, WC.Co,Ltd, wuhanweidingmindianzi, XY, Yiwu Huaijun Co., Ltd., AFA DESIGNS, BariteauHannah, CarmenOropesa, DARLACATHCART, DIEU97, eegarzz, lizacorreiay, Lucky Strike, MiriamSalazar, Pudge, shupotttr, Tanhaiub, Truong, 7-15 Day Delivery, ADORABLEFASHION, Ave Ansell, Barnrae, BeyondNice Charms, biayipinguo, bingtongshangmao, Biotanki Store, Brook Alice, Cai-H-J, Darwin Reyes, Dataman Store, DENWENZHAI, DGHNMIG, dongdongus, GKALE, HA TUUOSB, Hoziwangi, HQUANSHOP, Infantion, JianSenRuiChangZhuTongBo US, KERRY STOOTS, Khiemtore, King Kong Somersault, lingluodianzi and LisSanDra added to case caption. |
| 05/04/2023 | NEW PARTIES: bmoweart, BrendaGoodnight, didikempotpodcast, GregoryGrimsley, JennaDavidson, jensfiner, JoshuaKatherman89, Marco_Mattioli, naturraloidt, OPEN SHOP, RandallRay, RolandoElizondo, TabiusTate, AimBiz, BAOBAOO, CeQingCHEN, DiverseStickers, EAADFADSFASCVD, fanghanbing, manruizhucede, Nfashion Store, Quang Manh Shop, qujinghongpaidianzishangwuyouxiangongsi, Rronvoo US, Tran phan thanh long 1, Trien Quang, TuongOt, xianjiaqiwanglaokejiyouxiangongsi, zhuguoqingde, Loudi Wangtong Trading Co., Ltd., BAOYE.Co,Ltd, BIG.Co,Ltd, Cloud View DS, DEITY, FBSHAGYTGSHN, HUIAO STORE, Lanfy Department store, LeeXiao store, linxiantailidianzishangwu, linyimeilihengjiajuyongpin, MOILY Department store, Ourong.Co.Ltd, P.F. Store and QCQ.Co,Ltd added to case caption. |
| 05/04/2023 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 5/4/2023. Mailed notice. |
| 05/04/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 29 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 33 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The Hughes Socol PIers Resnick & Dym Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. |
| 05/01/2023 | NOTICE of Voluntary Dismissal by Those Characters from Cleveland, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 04/27/2023 | SUMMONS Returned Executed by Those Characters from Cleveland, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/26/2023, answer due 5/17/2023. |
| 04/27/2023 | CERTIFICATE of Service by Plaintiff Those Characters from Cleveland, LLC |
| 04/26/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 29 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by May 1, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, as well as in Plaintiff's motion to extend the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. |
| 04/26/2023 | SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto |
| 04/26/2023 | DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 29 |
| 04/26/2023 | MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for preliminary injunction 29 |
| 04/26/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction |
| 04/19/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO 26 is granted. The TRO is extended to and including May 1, 2023. Mailed notice. |
| 04/17/2023 | MEMORANDUM by Those Characters from Cleveland, LLC Supplemental Memorandum |
| 04/12/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order |
| 04/10/2023 | SURETY BOND in the amount of $ 10,000 posted by Those Characters from Cleveland, LLC. (Document not scanned.) |
| 04/10/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: The court would like to better understand the differences between Cases 23-cv-57 (filed in January 2023) and 23-cv-1923 (filed in March 2023), and specifically why an amendment to the pleading in 23-cv-57 was unavailable at the time the later case was filed. On the court's brief review of both complaints, it appears that 23-cv-1923 contains allegations that are virtually identical to those in 23-cv-57, except that the newer case added three additional platforms where the counterfeit products are said to be offered for sale (Artistshot, DHgate and Walmart). By April 17, 2023, Plaintiff should file a statement on the docket in both cases addressing these issues. Mailed notice. |
| 04/03/2023 | SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 4/3/2023.Mailed notice. |
| 04/03/2023 | MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal 6, ex parte motion for a temporary restraining order and motion for electronic service of process 10 are granted. Plaintiff's motion to exceed the page limitation is also granted 9. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [7, 12, 13, 14, 15, 16, 17, 18, and 19]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 will 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. Enter Sealed Temporary Restraining Order. Mailed notice. |
| 03/29/2023 | MAILED trademark report to Patent Trademark Office, Alexandria VA (jk2,) |
| 03/28/2023 | Notice of Claims Involving Trademarks by Those Characters from Cleveland, LLC |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 8 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 7 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 6 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 5 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 4 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 3 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 2 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | EXHIBIT by Plaintiff Those Characters from Cleveland, LLC Exhibit 3 Part 1 of Gorman Declaration Modified on 5/4/2023. |
| 03/28/2023 | MEMORANDUM by Those Characters from Cleveland, LLC in support of motion for temporary restraining order, 10 附件： 1:Declaration Gorman Declaration 2:Exhibit 1 3:Exhibit 2 Part 1 4:Exhibit 2 Part 2 5:Declaration Hierl Declaration 6:Exhibit Hierl Exhibit 1 7:Exhibit Hierl Exhibit 2 8:(Exhibit Hierl Exhibit 3) |
| 03/28/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication |
| 03/28/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation |
| 03/28/2023 | 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. |
| 03/28/2023 | CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. |
| 03/28/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Those Characters from Cleveland, LLC |
| 03/28/2023 | SCHEDULE A by Plaintiff Those Characters from Cleveland, LLC Sealed Schedule A Modified on 5/4/2023. |
| 03/28/2023 | MOTION by Plaintiff Those Characters from Cleveland, LLC to seal document Plaintiff's Motion for Leave to File Under Seal |
| 03/28/2023 | ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Robert Payton Mcmurray |
| 03/28/2023 | ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by William Benjamin Kalbac |
| 03/28/2023 | ATTORNEY Appearance for Plaintiff Those Characters from Cleveland, LLC by Michael A. Hierl |
| 03/28/2023 | CIVIL Cover Sheet |
| 03/28/2023 | COMPLAINT filed by Those Characters from Cleveland, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20483031. 附件： 1:Exhibit 1 2:Exhibit 2 Part 1 3:(Exhibit 2 Part 2) |
