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2024-cv-05628

Kitsch LLC v. The Partnerships and Unincorporated Corporations Identified On Schedule "A"

日期:07/03/2024

法院:伊利诺伊州北区法院

品牌:SHWOER CADDY 香皂架

律所:Arnett Law Group

日期 描述
04/08/2025 MAILED patent report with certified copy of order dated 4/3/2025 to Patent Trademark Office, Alexandria VA. (jn,)
04/04/2025 DEFAULT JUDGMENT ORDER Signed by the Honorable Georgia N Alexakis on 4/4/25.
04/03/2025 MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 4/3/25. No defendant appeared, despite having received notice of the hearing [90], and no written objections to plaintiff's motion for entry of default and default judgment were submitted to the Court by any defendant in advance of the hearing. Plaintiff's motion for entry of default judgment [86] is therefore granted. Plaintiff is directed to submit a proposed default judgment order to the Court by 2 p.m. on 4/3/25, with the modifications made on the record. Civil case terminated.
04/02/2025 NOTICE of Voluntary Dismissal by Kitsch LLC of Defendant Eesilim
03/28/2025 SUPPLEMENT to motion for entry of default 86, memorandum in support of motion 88, terminate hearings, set/reset hearings, 89
03/17/2025 CERTIFICATE of Service of Default Judgment Order by Mark A. Cantor on behalf of Kitsch LLC regarding terminate hearings, set/reset hearings, 89
03/14/2025 MINUTE entry before the Honorable Georgia N Alexakis: Before the Court is Plaintiff's motion for entry of default and default judgment 86 against the remaining defendants identified in the Schedule A attached to plaintiff's supporting memorandum 88. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on the aforementioned 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 3/28/25. 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. The Court re-sets the hearing on plaintiff's motion for default judgment from 3/25/25 to 4/3/25 at 9:30 a.m. On or before 3/28/25, plaintiff is directed to supplement its motion for default judgment to address the following questions: Plaintiff asks the Court to enter an order "transferring all assets in Defaulting Defendant's financial accounts, including those operated by Amazon and other relevant third parties, as well as any newly discovered assets, to Plaintiff." 88 at 5. For each defaulting defendant, which financial accounts is plaintiff referring to (identify them with specificity) and how many assets are in each those accounts? When plaintiff refers to "other relevant third parties," what third parties specifically is plaintiff referring to, and what financial accounts has it identified that are operated by those third parties and that belong to a Defaulting Defendant? When plaintiff seeks to transfer "any newly discovered assets," what assets, in what financial accounts or elsewhere, is Plaintiff specifically referring to? And, for each Defaulting Defendant, is there a limit as to the amount of assets Plaintiff is seeking authority to have transferred? Plaintiff is also directed to submit additional evidence that will permit the Court to make individualized assessments of damages per Defaulting Defendant. Such evidence would include, but not be limited to, each Defaulting Defendant's sales figures, plaintiff's evidence of lost profits, and the length of time that each Defaulting Defendant sold the infringing products. See generally Chi-Boy Music v. Charlie Club, Inc., 930 F.2d 1224, 1229 (7th Cir. 1991). Plaintiff is directed to review this Court's order in Wham-O Holdings v. The Partnerships, No. 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025), in preparing its 3/28/25 submission.
03/13/2025 MEMORANDUM by Kitsch LLC in support of motion for entry of default 86 and Default Judgment
03/13/2025 NOTICE of Motion by Mark A. Cantor for presentment of motion for entry of default 86 before Honorable Georgia N Alexakis on 3/25/2025 at 09:30 AM.
03/13/2025 MOTION by Plaintiff Kitsch LLC for entry of default and a Default Judgment
03/03/2025 NOTICE of Voluntary Dismissal by Kitsch LLC Without Prejudice of DEFENDANT HAPPY HOMETOWN
02/14/2025 MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 83. On or before 3/13/25, plaintiff is directed to file motions for entry of default and for default judgment against all remaining defendants who have not entered appearances or otherwise failed to defend themselves in this action. This includes defendants who have not entered appearances but with whom plaintiff is engaged in settlement discussions, assuming notices of dismissal have not been filed for those defendants on or before 3/13/25. The Court's singular deadline is meant to reduce the piecemeal nature of this litigation, which erodes the Court's ability to manage its docket efficiently.
02/13/2025 STATUS Report by Kitsch LLC
附件:
1:(Exhibit Amended Schedule A of Remaining Defendants)
01/15/2025 MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal per Federal Rule of Civil Procedure 41(a)(1)(A)(i), Defendant Zhengzhou Jishu Trading Co., Ltd, a limited company operating as Cartlz is dismissed without prejudice.
01/15/2025 NOTICE of Voluntary Dismissal by Kitsch LLC as to Cartlz, Without Prejudice
01/14/2025 MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 78. Plaintiff is directed to submit its next status report on or before 2/13/25, unless notice(s) of dismissal or final judgment order(s) as to all remaining defendants have been filed or entered before then.
01/13/2025 MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal per Fed. R. Civ. P. Rule 41(a)(1)(A)(i), Defendant Ehzyaz and Rolizoe are dismissed without prejudice.
01/13/2025 STATUS Report by Kitsch LLC
附件:
1:(Amended Schedule A)
01/13/2025 NOTICE of Voluntary Dismissal by Kitsch LLC as to Rolizoe Without Prejudice
01/13/2025 NOTICE of Voluntary Dismissal by Kitsch LLC as to Defendant Ehzyaz Without Prejudice
01/07/2025 MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of dismissal per Fed. R. Civ. P. Rule 41(a)(1)(A)(i), Defendant Attom Tech operating as NiHome is dismissed without prejudice.
01/06/2025 NOTICE of Voluntary Dismissal by Kitsch LLC Without Prejudice of Defendant NiHome Only
01/02/2025 ATTORNEY Appearance for Defendant Attom Tech d/b/a NiHome by Daniel I. Konieczny
12/12/2024 MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 71. Plaintiff is directed to submit its next status report on or before 1/13/25, unless notice(s) of dismissal or final judgment order(s) as to all remaining defendants have been filed or entered before then.
12/11/2024 STATUS Report by Kitsch LLC
12/05/2024 MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff is directed to submit a status report regarding this matter on or before 12/12/24.
11/08/2024 NEW PARTIES: Dongguanshiyuxiwujinzhipinyouxiangongsi, Lasenmory, ZDWJDZ and BlueOriginInc added to case caption. Terminating gosche-europe
11/08/2024 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Georgia N Alexakis on 11/8/24.
11/08/2024 MINUTE entry before the Honorable Georgia N Alexakis: On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 39 is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 11/12/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4.
11/07/2024 MINUTE entry before the Honorable Georgia N Alexakis:Motion hearing held on 11/7/24. Defendants were not present. Plaintiff's motion for leave to file under seal [61] is granted with respect to Exhibit 1. Plaintiff's motion for leave to add parties and amend Schedule A [53] is granted. Plaintiff's motion for a preliminary injunction [39] is granted. A revised proposed Preliminary Injunction order should be submitted to the proposed order mailbox by 11/7/24.
10/30/2024 NOTICE of Motion by Mark A. Cantor for presentment of motion to seal 61 before Honorable Georgia N Alexakis on 11/7/2024 at 09:30 AM.
10/30/2024 MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal, Defendant Janaden-US is dismissed without prejudice.
10/29/2024 SEALED EXHIBIT by Plaintiff Kitsch LLC Exhibit 1 to Memorandum in Support of Joinder of Defendants regarding memorandum in support of motion 62, memorandum, 60, MOTION by Plaintiff Kitsch LLC to seal Exhibit 1 to Memorandum in Support of Joint of Defendants 61
10/29/2024 MEMORANDUM by Kitsch LLC in support of motion to seal 61
10/29/2024 MOTION by Plaintiff Kitsch LLC to seal Exhibit 1 to Memorandum in Support of Joint of Defendants
10/29/2024 MEMORANDUM order on sealed motion, motion hearing, 57 by Kitsch LLC in Support of Joinder of Defendants
附件:
1:(Exhibit 2 - US Design Patent 1025647)
2:Exhibit 1 - Amended Schedule A - Addition of Parties Filed Under Seal
10/29/2024 SEALED EXHIBIT by Plaintiff Kitsch LLC Amended Schedule A - marked up regarding complaint 1
10/29/2024 NOTICE of Voluntary Dismissal by Kitsch LLC Without Prejudice as to Janaden-US
10/15/2024 MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 10/15/24. No defendant was present. Plaintiffs motion for leave to file under seal 54 is granted. Plaintiffs motion for leave to add parties and amend the Schedule A 53 is entered and continued while plaintiff files a memorandum, on or before 10/29/24, addressing the Courts sua sponte concerns regarding the propriety of joining 18 defendants in a single action. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff may also want to review the Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed joinder-related concerns and its expectation that plaintiffs assist the Court in locating those portions of the record that support a plaintiff's joinder-related assertions. In the alternative, plaintiff has leave to file an amended complaint by 10/29/24 with a smaller subset of defendants along with its memorandum explaining why each defendant is properly joined to all of the others. Plaintiffs motion for a preliminary injunction 39 remains under advisement.
10/07/2024 NOTICE of Motion by Mark A. Cantor for presentment of motion for miscellaneous relief 53 before Honorable Georgia N Alexakis on 10/15/2024 at 09:30 AM.
10/04/2024 SEALED EXHIBIT by Plaintiff Kitsch LLC regarding SEALED MOTION by Plaintiff Kitsch LLC to file Schedule A under seal 54, MOTION by Plaintiff Kitsch LLCfor Leave to Add Parties and Amend Schedule A 53
附件:
1:(Amended Schedule A - filed under seal)
10/04/2024 SEALED MOTION by Plaintiff Kitsch LLC to file Schedule A under seal
10/04/2024 MOTION by Plaintiff Kitsch LLCfor Leave to Add Parties and Amend Schedule A
附件:
1:(Amended Schedule A - filed under seal)
10/04/2024 DECLARATION of Muhammad A. Siwani regarding other 51
10/04/2024 Memorandum by Kitsch LLC in Response to the Court's Minute Entry Regarding the Propriety of Electronic Service
10/01/2024 MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal, Defendant Yowmina is dismissed without prejudice.
09/30/2024 NOTICE of Voluntary Dismissal by Kitsch LLC of Yowmina
09/24/2024 MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to Plaintiff's notice of voluntary dismissal, Defendant Peisainox is dismissed without prejudice.
09/24/2024 NOTICE of Voluntary Dismissal by Kitsch LLC as to Sichuan Xiadan E-commerce Co., a limited company operating as PEISAINOX
09/20/2024 STATUS Report for Reassigned Case (Initial) by Kitsch LLC
09/19/2024 MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal 44, Defendant Gosche and Defendant Wisepower are dismissed without prejudice. Mailed notice.
09/18/2024 NOTICE of Voluntary Dismissal by Kitsch LLC Without Prejudice of Defendants Gosche and Wisepower
09/16/2024 MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for entry of a preliminary injunction as to certain defendants 39 is taken under advisement. Plaintiff's proposed order would permit plaintiff to "provide notice of these proceedings to Defendants, including service of process pursuant to Fed. R. Civ. P. 4(f)(3), by electronically publishing a link to the Complaint, this Order, and other relevant documents on a website. or by sending an e-mail to the e-mail addresses identified in Exhibits to the Declaration of Muhammad A. Siwani and any e-mail addresses provided for Defendants by third parties that includes a link to said website." Dkt. 39-1 at 8-9. By 10/11/24, Plaintiff is directed to file a memorandum addressing the propriety of service in the manner it proposes that addresses Sec. & Exch. Comm'n v. Lahr, No. 22-2497, 2024 WL 3518309 (3d Cir. July 24, 2024); Duong v. Nguyen, 700 F. Supp. 3d 1088 (M.D. Fla. 2023); and Smart Study Co., Ltd. v. Acuteye-Us, 620 F. Supp. 3d 1382 (S.D.N.Y. 2022). Plaintiff's memorandum should also describe what efforts it has made to discover Defendants' physical addresses, including through the expedited discovery it was previously granted 24. No appearance required on 9/17/24.
09/12/2024 NOTICE of Motion by Mark A. Cantor for presentment of motion for preliminary injunction 39 before Honorable Georgia N Alexakis on 9/17/2024 at 09:30 AM.
09/12/2024 DECLARATION of Mark A. Cantor regarding memorandum in support of motion 40, motion for preliminary injunction 39
09/12/2024 MEMORANDUM by Kitsch LLC in support of motion for preliminary injunction 39
附件:
1:(Schedule A)
09/12/2024 MOTION by Plaintiff Kitsch LLC for preliminary injunction as to Certain Defendants
附件:
1:(Text of Proposed Order)
09/04/2024 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 9/5/2024 is stricken due to case being reassigned to Judge Alexakis. Mailed notice
08/28/2024 MINUTE entry before the Honorable Georgia N Alexakis:Unopposed motion for an extension of time until 9/17/24 to answer or otherwise respond to the complaint 35 is granted. No appearance is required on the motion.
08/27/2024 MOTION by Defendants WISEPOER, gosche-europe for extension of time to file answer (Unopposed)
08/05/2024 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion to extend the Temporary Restraining Order 26 is granted. Temporary Restraining Order shall remain in effect up to and including 8/22/2024. Status hearing set for 9/5/2024 at 9:30 AM. If Parties request a hearing prior to 9/5/2024, please contact the courtroom deputy. Status hearing set for 8/6/2024 and Motion hearing set for 8/22/2024 are stricken. Mailed notice
08/01/2024 ATTORNEY Appearance for Plaintiff Kitsch LLC by Joseph-John George Homsy (Homsy, Joseph-John)
08/01/2024 ATTORNEY Appearance for Plaintiff Kitsch LLC by Daniel J. Arnett
07/31/2024 NOTICE of Motion by Muhammad A Siwani for presentment of extension of time 26 before Honorable Virginia M. Kendall on 8/22/2024 at 09:30 AM.
07/31/2024 DECLARATION of Muhammad A. Siwani regarding memorandum in support of motion 27, extension of time 26 to Extend the Temporary Retraining Order Ex Parte
07/31/2024 MEMORANDUM by Kitsch LLC in support of extension of time 26 to Extend the Temporary Retraining Order Ex Parte
07/31/2024 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Corporations Identified on Schedule "A"
07/31/2024 MOTION by Plaintiff Kitsch LLC for extension of time to Extend the Temporary Retraining Order Ex Parte
07/23/2024 SEALED Temporary Restraining Order signed by the Honorable Virginia M. Kendall on 7/23/2024. Mailed notice
07/23/2024 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 7/23/2024. Plaintiff's Sealed Motion for Temporary Restraining Order 13 is granted. Temporary Restraining Order shall remain in effect up to and including 8/6/2024. Sealed Order to follow. Plaintiff's Motion for leave to file under seal 17 and for electronic service of process 18 are granted. Status hearing set for 8/6/2024 at 9:30 AM which will proceed via Webex. rior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. 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
07/17/2024 NOTICE of Motion by Mark A. Cantor for presentment of motion for miscellaneous relief 18, Sealed motion 17, motion for temporary restraining order 13 before Honorable Virginia M. Kendall on 7/23/2024 at 09:00 AM.
07/17/2024 DECLARATION of Mark A. Cantor regarding memorandum in support of motion 19, motion for miscellaneous relief 18
07/17/2024 MEMORANDUM by Kitsch LLC in support of motion for miscellaneous relief 18
07/17/2024 MOTION by Plaintiff Kitsch LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P 4(f)(3)
07/17/2024 SEALED MOTION by Plaintiff Kitsch LLC to Declaration of Jeremy Thurswell in support of Motion for TRO
附件:
1:(Exhibit 3)
07/17/2024 DECLARATION of Mark A. Cantor regarding memorandum in support of motion 14, motion for temporary restraining order 13
07/17/2024 DECLARATION of Jeremy Thurswell regarding memorandum in support of motion 14, motion for temporary restraining order 13
07/17/2024 MEMORANDUM by Kitsch LLC in support of motion for temporary restraining order 13
07/17/2024 MOTION by Plaintiff Kitsch LLC for temporary restraining order (Ex Parte) Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
07/10/2024 MINUTE entry before the Honorable Virginia M. Kendall. Attorney Muhammad Siwani'sMotion to appear pro hac vice 11 is granted. Mailed notice
07/09/2024 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22220982.
07/08/2024 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal [4] is granted. Attorney Mark Cantor's Motion for leave to appear pro hac vice [8] is granted. Mailed notice
07/08/2024 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22216031.
07/03/2024 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.
07/03/2024 CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 1).
07/03/2024 Notice of Claims Involving Patent or Trademark by Kitsch LLC
07/03/2024 Corporate Disclosure STATEMENT by Kitsch LLC
07/03/2024 MEMORANDUM by Kitsch LLC in support of motion to seal document 4
07/03/2024 MOTION by Plaintiff Kitsch LLC to seal document
附件:
1:(Exhibit Exhibit 1 (Filed Under Seal))
2:Exhibit Schedule A (Filed Under Seal)

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