2023-cv-16063
| 日期 | 描述 |
|---|---|
| 03/26/2024 | MAILED original ten thousand dollar ($10,000) surety bond posted by Quantum to Ann Marie Sullivan, Sullivan & Carter, LLP 2743 N. Ridgeway Ave. Chicago, IL 60647 via certified mail # 9589 0710 5270 0579 7782 15. |
| 03/22/2024 | MAILED trademark report to Patent Trademark Office, Alexandria VA |
| 03/21/2024 | DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable LaShonda A. Hunt on 3/21/2024. Mailed notice |
| 03/21/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 35 is granted. 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. Because this infringement was willful and considering the value of Plaintiff's brand as well as the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $30,000 ($15,000 for trademark infringement and $15,000 for copyright infringement) is an appropriate award of statutory damages against each remaining defendant. Enter Final Judgment Order. Civil case terminated. Mailed notice |
| 02/29/2024 | CERTIFICATE of Service of Minute Entry 38 by Ann Marie Sullivan on behalf of Quantum Printing Sourcing & Fulfillment, LLC regarding terminate hearings, set motion and R&R deadlines/hearings, 38 附件: 1:Exhibit 1 | Service Email 2:(Exhibit 2 | Service Website)(Sullivan, Ann Marie) |
| 02/28/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment 35 against the remaining defendants identified in Amended Schedule A 13. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 3/13/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 3/5/24. Emailed notice. |
| 02/27/2024 | NOTICE of Motion by Alison K Carter for presentment of motion for entry of default, motion for default judgment, 35 before Honorable LaShonda A. Hunt on 3/5/2024 at 10:00 AM. |
| 02/27/2024 | MEMORANDUM by Quantum Printing Sourcing & Fulfillment, LLC in support of motion for entry of default, motion for default judgment, 35 附件: 1:(Declaration of Alison Carter) |
| 02/27/2024 | MOTION by Plaintiff Quantum Printing Sourcing & Fulfillment, LLC for entry of default as to all Defendants, MOTION by Plaintiff Quantum Printing Sourcing & Fulfillment, LLC for default judgment as to all Defendants 附件: 1:(Exhibit 1) |
| 01/24/2024 | NEW PARTIES: shop1102323223 store, shop1102346176 store, shop1102373259 store, shop1102373815 store, shop1102375921 store, shop1102418454 store, shop1102484382 store, shop1102485102 store, shop1102494179 store, shop1102548394 store, shop1102550202 store, shop1102569090 store, shop1102635655 store, shop1102636516 store, shop1102646521 store, shop1102650590 store, shop1102651073 store, shop1102652004 store, shop1102660109 store, shop1102663016 store, shop1102667791 store, shop1102668337 store, shop1102671388 store, shop1102677256 store, shop1102677950 store, shop1102680121 store, shop1102683332 store, shop1102684027 store, shop1102711338 store, shop1102711340 store, shop1102711341 store, shop1102721507 store and shop1102724820 store added to case caption. (Sullivan, Ann Marie) |
| 01/16/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 33. Summons were executed on 1/5/24 and Defendants' responses to the complaint are due by 1/26/24 29. By 2/26/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. |
| 01/16/2024 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 1/16/2024. Emailed notice. |
| 01/16/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 26, which the Court now considers unopposed because no Defendant filed a notice of objection by the 1/15/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO 20, 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 29 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 Amended Schedule A 13 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. |
| 01/09/2024 | CERTIFICATE of Service of Minute Entry 30 by Alison K Carter on behalf of Quantum Printing Sourcing & Fulfillment, LLC |
| 01/08/2024 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction 26 is taken under advisement. A telephonic motion hearing is set for 1/16/24, at 10:00 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 1/15/24, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 1/10/24. Emailed notice. |
| 01/05/2024 | SUMMONS Returned Executed by Quantum Printing Sourcing & Fulfillment, LLC as to All Defendants. 附件: 1:(Declaration of Service)(Sullivan, Ann Marie) |
| 01/05/2024 | NOTICE of Motion by Ann Marie Sullivan for presentment of motion for preliminary injunction 26 before Honorable LaShonda A. Hunt on 1/10/2024 at 10:30 AM. (Sullivan, Ann Marie) |
| 01/05/2024 | MEMORANDUM by Quantum Printing Sourcing & Fulfillment, LLC in support of motion for preliminary injunction 26 附件: 1:(Declaration in Support of Memorandum)(Sullivan, Ann Marie) |
| 01/05/2024 | MOTION by Plaintiff Quantum Printing Sourcing & Fulfillment, LLC for preliminary injunction (Sullivan, Ann Marie) |
| 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. |
| 12/22/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining order 22 is granted. The TRO is extended to 1/10/24 for the reasons stated in the order granting the initial TRO 21. Counsel is reminded to review and comply with Judge Hunt's case management procedures requiring all motions to be timely noticed for presentment and all substantive case-related communications to be made on the record. Emailed notice. |
| 12/21/2023 | MOTION by Plaintiff Quantum Printing Sourcing & Fulfillment, LLC for extension of time of Temporary Restraining Order [21] |
| 12/13/2023 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/13/2023. Emailed notice to counsel for Plaintiff on 12/13/23. |
| 12/13/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order [15] and motion for electronic service of process [17] are granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 12/14/23. The Court appreciates the efforts taken by Plaintiff's counsel to present the evidence in support of the TRO motion in an organized and uniform manner. Emailed notice. |
| 12/12/2023 | MOTION by Plaintiff Quantum Printing Sourcing & Fulfillment, LLC for Electronic Service of Process |
| 12/12/2023 | SEALED MOTION by Plaintiff Quantum Printing Sourcing & Fulfillment, LLC for Temporary Restraining Order |
| 12/05/2023 | AMENDED complaint by Quantum Printing Sourcing & Fulfillment, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A 附件: 1:Exhibit 1 2:Exhibit 2 |
| 11/28/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: In light of the prior order 8 denying Plaintiff's request to seal certain filings and proceed under a pseudonym, the Clerk's Office is directed, forthwith, to (1) update the docket to reflect that the Plaintiff's name is "Quantum Printing Sourcing & Fulfillment, LLC"; and (2) unseal the following filings: 7, [7-1], and [7-2]. Plaintiff's Amended Schedule A [7-3] shall remain under seal until further order of the Court. Emailed notice. |
| 11/27/2023 | MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
| 11/21/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the amended complaint 7, the Court questions whether joinder of 353 defendants is appropriate in this case. Plaintiff alleges that it "is the owner of the federally registered Juice WRLD Trademarks [and] Copyright Registrations[,]" and is "in the business of developing, manufacturing, marketing, and licensing Juice WRLD Products." (Am. Compl. ¶ ¶ 5, 11, Dkt. No. 7). Plaintiff filed this trademark and copyright infringement suit against 353 online retailers who are allegedly selling unauthorized products based on a variety of Plaintiff's trademarked and copyrighted products. (Id. ¶¶ 7). The Complaint alleges that Defendants have created numerous internet stores that "share numerous unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between Defendants, and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." (Id. ¶¶ 8). In addition, the Complaint alleges, among other things, that "[e]ven though Defendants operate under multiple fictitious names, there are numerous similarities among the Defendant Internet Stores. [,]" and, on information and belief, that "Defendants operate in a collective and organized manner, often monitor trademark infringement litigation alert websites, are in continuous and active concert with one another, are in frequent communication with each other utilizing online chat platforms and groups, and use these collective efforts in an attempt to avoid liability and intellectual property enforcement efforts. [Footnote omitted.] Furthermore, there is a substantial evidentiary overlap in Defendants' behavior, conduct, and individual acts of infringement, thus constituting a collective enterprise." (Id. ¶¶ 27, 29). Although the amended complaint and attachments total 44 pages, those are the only allegations offered to establish a connection between all the defendants. Such conclusory and speculative statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 12/5/23. Alternatively, by the same date, Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. Any TRO motion filed by Plaintiff will be taken under advisement until the joinder issue is resolved. Emailed notice. |
| 11/21/2023 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents Under Seal and Temporarily Proceed under a Pseudonym 5 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff anticipates filing an ex parte TRO motion upon entry of this order, and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Thus, the request to seal Plaintiff's amended complaint 7 (which, unlike the original complaint 1, complies with FRCP 10(a) by "nam[ing] all the parties" including Plaintiff) and the exhibits containing Plaintiff's trademark registrations [7-1] and copyright registrations [7-2] is denied. Conversely, subject to unsealing at an appropriate time, Plaintiff may file under seal its Schedule A to the amended complaint [7-3] and anticipated TRO motion and accompanying documents. Emailed notice. |
| 11/20/2023 | 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. |
| 11/20/2023 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
| 11/17/2023 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint 附件: 1:Exhibit 1 2:Exhibit 2 3:(Exhibit Schedule A)(Sullivan, Ann Marie) |
| 11/17/2023 | MEMORANDUM by XYZ Corporation in support of motion for leave to file, motion for miscellaneous relief 5 附件: 1:Declaration in Support of Memorandum 2:Declaration of Sandy Zhuang 3:Exhibit 1 4:Exhibit 2 5:(Exhibit 3)(Sullivan, Ann Marie) |
| 11/17/2023 | MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents Under Seal, MOTION by Plaintiff XYZ Corporation to Temporarily Proceed Under a Pseudonym (Sullivan, Ann Marie) |
| 11/17/2023 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
| 11/17/2023 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| 11/17/2023 | CIVIL Cover Sheet (Sullivan, Ann Marie) |
| 11/17/2023 | COMPLAINT filed by XYZ Corporation; Filing fee $ 402, receipt number AILNDC-21341450. 附件: 1:Exhibit Schedule A 2:Exhibit 1 3:(Exhibit 2)(Sullivan, Ann Marie) |