最近更新:2025-05-14
更新

2023-cv-02511

Zhou v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

日期:04/21/2023

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
03/26/2024 MAILED trademark report with certified copy of minute order dated 2/12/2024 to Patent Trademark Office, Alexandria VA. (jn,)
02/12/2024 MINUTE entry before the Honorable Martha M. Pacold: In light of the status report 65 and plaintiff's agreed motion to dismiss certain defendants 66 (which the court construes as a notice of voluntary dismissal under Rule 41(a)(1)(A)(i), as opposed to Rule 15(a)(2))-this case is hereby dismissed without prejudice, each party to bear its own fees and costs. All outstanding motions are terminated as moot. Civil case terminated.
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.
10/16/2023 ORDER: The court has reviewed the parties' memoranda on joinder 58, 59. The court has also reviewed the parties' joint initial status report 57, which states that the parties unanimously consent to proceed before the magistrate judge. However, some defendants have not appeared in this case. Those nonappearing defendants have not expressed a view regarding consent. The court therefore intends to sever the appearing defendants into a separate case and request that the Clerk of Court assign that case to this court as related to this case (23-cv-2511). Once the appearing defendants are severed into a separate case, plaintiff will pay the filing fee, file an amended complaint in the new case (involving appearing defendants only), and then, by one week after the filing of the amended complaint in the new case, the parties in the new case (plaintiff and appearing defendants) should file a joint status report indicating whether they consent to the assigned magistrate judge. Signed by the Honorable Martha M. Pacold on 10/16/2023. Mailed notice
10/09/2023 MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion for an extension of time to file answer [61] is granted. Defendants Lngoor technology LLC, PXNKY Co. Ltd, Katrer Co. Ltd, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, OXOTTA TECH Co. Ltd, A&F WORLDWIDE TELECOM LTD, SHELLTON INC, REEREEN Co. Ltd, ZAQEDC, GETNOIVAS Co. Ltd, and KOqwez33 have already filed their answer separately on the docket [60].
10/02/2023 MOTION by Defendants A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, ZAQEDC for extension of time to file
10/02/2023 ANSWER to Complaint by A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, ZAQEDC
09/14/2023 MEMORANDUM text entry, [56] by A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, ZAQEDC
09/14/2023 MEMORANDUM by Jirong Zhou in Support of Joinder - Dkt 56
09/12/2023 STATUS Report joint initial status report by Jirong Zhou
09/01/2023 MINUTE entry before the Honorable Martha M. Pacold: By 4:00 p.m. on 9/14/2023, plaintiff and any appearing defendants should file simultaneous briefs (limited to 5 pages, excluding caption and signature block) addressing whether joinder of all defendants in a single case remains appropriate. The complaint alleged that "The Defendant Online Stores also share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." [1] 2. However, defendants have appeared and are litigating the case, raising the possibility that this case could effectively proceed as though it were multiple cases litigated on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, the parties' briefs should address whether, under Fed. R. Civ. P. 20 and 21 (and any other relevant authority), one or more defendant(s) should be severed into a separate case, in which plaintiff would pay the filing fee and then the case would proceed. Mailed notice
08/30/2023 STATUS Report Joint Status Report by Jirong Zhou
08/29/2023 MINUTE entry before the Honorable Martha M. Pacold: The parties should file a status report by 9/5/2023 on the status of remaining defendants, the status of settlement discussions, and how the parties seek to proceed with this case.
08/25/2023 NOTICE of Voluntary Dismissal by Jirong Zhou the stores Weitian Industrial Co., Ltd., SHLYET Co., Ltd., Lamuusaa, MERSARIPHY, RMQ Co.,Ltd. and SHS Co.Ltd
06/09/2023 MINUTE entry before the Honorable Martha M. Pacold: Defendants A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, and ZAQEDC's unopposed motion for leave to file amended response in opposition to plaintiff's motion for preliminary injunction 38 is granted. See 49 (plaintiff stating that the motion is unopposed). Defendants have already filed the amended motion on the docket separately 37. The court strikes 36.
06/08/2023 Third Amended Schedule A by Jirong Zhou
06/08/2023 MINUTE entry before the Honorable Martha M. Pacold: The court construes plaintiff's agreed motion to dismiss certain defendants under Rule 15(a)(2) as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 26 myday88; No. 34 fortunately6 (also known as stayfocuson99); No. 35 uebshopingonline2017; No. 36 4seasonstores; No. 37 amiableseller-88 (also known as aestheticism-21); No. 40 moretreasure-20; and No. 41 hot_sale66 from the Schedule A form. Plaintiff is directed to file an amended Schedule A form separately on the docket by 6/10/2023 identifying the remaining defendants.
06/07/2023 NOTICE by Jirong Zhou re MOTION by Defendants A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, ZAQEDC to file in 38 Notice of No Opposition to File Amended Opposition by Defendants
06/07/2023 DECLARATION of Depeng Bi regarding reply 46
06/07/2023 DECLARATION of Jirong Zhou regarding reply 46
附件:
1:Exhibit Sales Records
2:(Exhibit Manufacturing Contract & Translation)
06/07/2023 REPLY by Plaintiff Jirong Zhou to motion for preliminary injunction 28
06/06/2023 NOTICE of Voluntary Dismissal by Jirong Zhou
附件:
1:(Exhibit Third Amended Schedule A)
06/01/2023 Second Amended Schedule A pursuant to minute orders 40 and 42 by Jirong Zhou
05/31/2023 First Amended Schedule A by Jirong Zhou
05/31/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 39, which seeks to voluntarily dismiss defendants No. 3 SMARTASIN and No. 8 BetterHome under Rule 41(a)(1). But 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 notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 3 SMARTASIN and No. 8 BetterHome from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Consistent with the court's order regarding 34, plaintiff is directed to file an amended Schedule A form by 6/6/2023 identifying the remaining defendants.
05/31/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received defendants' motion for leave to file amended response in opposition to plaintiff's motion for entry of preliminary injunction 38. Plaintiff's response, if any, is due by 6/7/2023. If plaintiff does not file a response, the court will consider the motion unopposed.
05/31/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 34, which seeks to voluntarily dismiss defendants No. 24 Firstclassshop; No. 25 jewelry2020_us; No. 27 Wojiaoneline; No. 28 beautylady365; No. 29 shiningweddingdeals; No. 30 Gentoys; No. 31 Jindia; No. 32 motorpartsvalue; No. 33 electronicsstyle; No. 38 Jewelleri; No. 39 motortradeonline; No. 42 importjewelrylover; No. 43 pwnt-fashion; No. 44 viewviewbaby; No. 45 loviver_us; No. 46 Zgcarparts; No. 47 trandetree007us; No. 48 Thamesmall; No. 49 uptogethertek; No. 50 gardensupplies_online17; No. 51 Newlifefr; and No. 52 jsbay88 under Rule 41(a)(1). But 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 notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 24 Firstclassshop; No. 25 jewelry2020_us; No. 27 Wojiaoneline; No. 28 beautylady365; No. 29 shiningweddingdeals; No. 30 Gentoys; No. 31 Jindia; No. 32 motorpartsvalue; No. 33 electronicsstyle; No. 38 Jewelleri; No. 39 motortradeonline; No. 42 importjewelrylover; No. 43 pwnt-fashion; No. 44 viewviewbaby; No. 45 loviver_us; No. 46 Zgcarparts; No. 47 trandetree007us; No. 48 Thamesmall; No. 49 uptogethertek; No. 50 gardensupplies_online17; No. 51 Newlifefr; and No. 52 jsbay88 from the Schedule A form, 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 Schedule A form by 6/6/2023 identifying the remaining defendants.
05/31/2023 NOTICE of Voluntary Dismissal by Jirong Zhou the stores BetterHome and SMARTASIN
05/26/2023 MOTION by Defendants A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, ZAQEDC to file instanter re: [Dkt. 37]
05/26/2023 RESPONSE by A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, ZAQEDCin Opposition to MOTION by Plaintiff Jirong Zhou for preliminary injunction 28 Amended
附件:
1:Exhibit 1
2:Exhibit 2
3:Declaration of Xionghui Xie
4:Declaration of Zhen Wang
5:(Errata Unreported Opinions)
05/25/2023 RESPONSE by A&F WORLDWIDE TELECOM LTD, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, GETNOIVAS Co. Ltd, KOqwez33, Katrer Co. Ltd, Lngoor technology LLC, OXOTTA TECH Co. Ltd, PXNKY Co. Ltd, REEREEN Co. Ltd, SHELLTON INC, ZAQEDCin Opposition to MOTION by Plaintiff Jirong Zhou for preliminary injunction 28
附件:
1:Exhibit 1
2:Exhibit 2
3:Declaration of Zhen Wang
4:Declaration of Xionghui Xie
5:(Errata Unreported Opinions)
05/25/2023 ATTORNEY Appearance for Defendants Lngoor technology LLC, PXNKY Co. Ltd, Katrer Co. Ltd, AMERTEER TECHNOLOGY CO. LTD, EIMELI TECHNOLOGY LLC, OXOTTA TECH Co. Ltd, A&F WORLDWIDE TELECOM LTD, SHELLTON INC, REEREEN Co. Ltd, ZAQEDC, GETNOIVAS Co. Ltd, KOqwez33 by Adam Edward Urbanczyk
05/25/2023 NOTICE of Voluntary Dismissal by Jirong Zhou with prejudice of certain defendants
05/25/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion to substitute party 32 is granted. Defendants Dongguan Xiaoxue E-commerce Co. and Jiujiang Langsheng E-commerce Co. are substituted in place of Defendants No. 4 Joybuy and No. 11 Joybuy Fashion. Plaintiff is directed to file an amended Schedule A on the docket by 6/1/2023.
05/24/2023 MOTION by Plaintiff Jirong Zhou to substitute party
05/18/2023 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 28 under advisement and will consider the motion unopposed if no defendant appears and objects by 5/25/2023, Plaintiff shall serve defendants with this notice.
05/17/2023 DECLARATION of Konrad Sherinian regarding motion for preliminary injunction 28
附件:
1:(Exhibit Binder of Unreported Decisions)
05/17/2023 MEMORANDUM by Jirong Zhou in support of motion for preliminary injunction 28
05/17/2023 MOTION by Plaintiff Jirong Zhou for preliminary injunction
05/10/2023 SUMMONS Returned Executed by Jirong Zhou as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/10/2023, answer due 5/31/2023.
附件:
1:Affidavit Declaration of Service by Depeng Bi
2:(Exhibit List of Email Addresses Served)
05/05/2023 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 25 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 23 entered on 4/26/2023 is extended until 5/23/2023.
05/04/2023 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
05/04/2023 MOTION by Plaintiff Jirong Zhou for extension of time for TRO until May 23, 2023
04/28/2023 INJUNCTION BOND in the amount of $ 10,000 posted by Jirong Zhou (Document not scanned)
04/26/2023 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/26/2023:
04/26/2023 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions (6, 7, 9), the supporting memorandum (10) and the temporary restraining order, plaintiff's motions for leave to file under seal 6, for leave to file excess pages 7, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 9 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 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, but at this preliminary stage, 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.
04/25/2023 DECLARATION of Konrad Sherinian
附件:
1:Exhibit Exh 1 - Intellectual Property Rights Seizure Statistics
2:Exhibit Exh 2 - The Economic Impacts of Counterferiting and Piracy
3:Exhibit Exh 3 - Hague Convention
4:Exhibit Exh 4 - Civil Pro of PRC
5:(Exhibit Exh 5 - Binder of Unpublished Decisions)
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P9 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P8 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P7 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P6 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P5 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P4 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P3 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P2 to Dec Jirong Zhou
04/25/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou Exh 2 P1 to Dec Jirong Zhou
04/25/2023 DECLARATION of Jirong Zhou
附件:
1:(Exhibit Trademark Registration)
04/25/2023 MEMORANDUM by Jirong Zhou in support of motion for temporary restraining order 9
04/25/2023 MOTION by Plaintiff Jirong Zhou for temporary restraining order
04/25/2023 NOTICE by Jirong Zhou Of Claim Involving Trademark
04/25/2023 MOTION by Plaintiff Jirong Zhou for leave to file excess pages
04/25/2023 MOTION by Plaintiff Jirong Zhou to seal document
04/24/2023 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.
04/24/2023 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment.
04/24/2023 SEALED DOCUMENT by Plaintiff Jirong Zhou
04/24/2023 MAILED trademark report to Patent Trademark Office, Alexandria VA
04/21/2023 ATTORNEY Appearance for Plaintiff Jirong Zhou by Depeng Bi
04/21/2023 ATTORNEY Appearance for Plaintiff Jirong Zhou by Konrad Val Sherinian
04/21/2023 COMPLAINT filed by Jirong Zhou; Filing fee $ 402, receipt number AILNDC-20563589.
附件:
1:Exhibit U.S. Trademark Reg.
2:(Civil Cover Sheet)

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