2022-cv-01911

2022-cv-01911 H-D U.S.A., LLC v. The Partnerships and Unincorporated Associations Identified on Schedule "A"

Date :4/13/2022
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

April 13, 2022

COMPLAINT filed by H-D U.S.A., LLC; Filing fee $ 402, receipt number 0752-19341021.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

April 13, 2022

SEALED EXHIBIT by Plaintiff H-D U.S.A., LLC Schedule A regarding complaint 1

3

April 13, 2022

MOTION by Plaintiff H-D U.S.A., LLC for leave to file under seal

4

April 13, 2022

CIVIL Cover Sheet

5

April 13, 2022

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by H-D U.S.A., LLC

6

April 13, 2022

Notice of Claims Involving Trademarks by H-D U.S.A., LLC

7

April 13, 2022

ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Justin R. Gaudio

8

April 13, 2022

ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Amy Crout Ziegler

9

April 13, 2022

ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Allyson M. Martin

10

April 13, 2022

ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Marcella Deshonda Slay

11

April 14, 2022

MAILED trademark report to Patent Trademark Office, Alexandria, VA

12

April 14, 2022

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Text entry; no document attached.)

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. (Text entry; no document attached.)

13

April 15, 2022

MOTION by Plaintiff H-D U.S.A., LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

14

April 15, 2022

MEMORANDUM by H-D U.S.A., LLC in support of motion for temporary restraining order 13

15

April 15, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

16

April 15, 2022

DECLARATION of Adraea M. Brown regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

17

April 15, 2022

SEALED EXHIBIT by Plaintiff H-D U.S.A., LLC Exhibit 3 - Parts 1-8 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

Exhibit 3-7

(Exhibit 3-8)

18

April 15, 2022

MOTION by Plaintiff H-D U.S.A., LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

19

April 15, 2022

MEMORANDUM by H-D U.S.A., LLC in support of motion for miscellaneous relief 18

20

April 15, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

21

April 15, 2022

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 3, motion for temporary restraining order 13, motion for miscellaneous relief 18 before Honorable Robert M. Dow Jr. on 4/22/2022 at 09:15 AM.

22

April 18, 2022

ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Rachel S Miller

23

April 21, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motions [3, 13, 18] will be heard telephonically on 4/22/2022 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice

24

April 22, 2022

SEALED ORDER. Signed by the Honorable Robert M. Dow, Jr on 4/22/2022.

25

April 22, 2022

ORDER: Motion hearing held telephonically. Plaintiff's motions 3, 13, 18 are granted. Signed order to follow. A further telephone conference is set for 5/6/2022 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Signed by the Honorable Robert M. Dow, Jr on 4/22/2022. Mailed notice.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (Text entry; no document attached.)

26

May 3, 2022

MOTION by Plaintiff H-D U.S.A., LLC for extension of time of Temporary Restraining Order as to Certain Defendants

27

May 3, 2022

MEMORANDUM by H-D U.S.A., LLC in support of extension of time 26

(Declaration of Allyson M. Martin)

28

May 3, 2022

NOTICE of Motion by Allyson M. Martin for presentment of extension of time 26 before Honorable Robert M. Dow Jr. on 5/6/2022 at 09:00 AM.

29

May 3, 2022

MOTION by Plaintiff H-D U.S.A., LLC for preliminary injunction as to Certain Defendants

Exhibit 1

(Exhibit 2)

30

May 3, 2022

MEMORANDUM by H-D U.S.A., LLC in support of motion for preliminary injunction 29

Declaration of Allyson M. Martin

(Exhibit 1)

31

May 3, 2022

NOTICE of Motion by Allyson M. Martin for presentment of motion for preliminary injunction 29 before Honorable Robert M. Dow Jr. on 5/6/2022 at 09:00 AM.

(Exhibit A)

32

May 3, 2022

SUMMONS Returned Executed by H-D U.S.A., LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/3/2022, answer due 5/24/2022.

Declaration of Marcella D. Slay

(Exhibit A)

33

May 4, 2022

SURETY BOND in the amount of $ $10,000.00 posted by H-D U.S.A., LLC. (Document not scanned).

34

May 6, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. Plaintiffs' motion for entry of a preliminary injunction as to certain defendants 29 is entered and continued to 5/18/2022 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Plaintiff's ex parte motion to extend the TRO as to certain defendants 26 is granted. Emailed notice

35

May 13, 2022

MOTION by Plaintiff H-D U.S.A., LLC for preliminary injunction

Exhibit A

36

May 13, 2022

MEMORANDUM by H-D U.S.A., LLC in support of motion for preliminary injunction[35]

Declaration of Allyson M. Martin

Exhibit 1

37

May 13, 2022

NOTICE of Motion by Allyson M. Martin for presentment of motion for preliminary injunction[35] before Honorable Robert M. Dow Jr. on 5/18/2022 at 09:00 AM.

Exhibit A

38

May 13, 2022

SUMMONS Returned Executed by H-D U.S.A., LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/13/2022, answer due 6/3/2022.

Declaration of Marcella D. Slay

Exhibit A

39

May 18, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. Defendants did not appear. Motion for preliminary injunction [35] is granted. Signed order to follow. A motion for default judgment will be heard on 7/6/2022 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice

40

May 18, 2022

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Robert M. Dow, Jr on 5/18/2022. Emailed notice

NEW PARTIES: Changzhou Mai'ai International Trade Co., Ltd., Shangrao Gelvshi Trade Co., Ltd., Mi Sheng (Dalian) International Trade Co., Ltd., Quanzhou Qufeng Trade Co., Ltd., Shop1188100 Store, Car Life Decor Store, Kreatives Leben Store, Yahua Store, Mashed potatoes Store, Balgari Store, Shinning Lighting Store, HE Photo Accessories Store, Shop910451189 Store, Da YA No.3 shop Store, etsy Store, Cybers Store, SC PROJECT Store, Xiao Ju Store, Shop911502029 Store, ATSUNNY Streetwear Store, Colored lights Store, GZY LUCKCOMEE Store, AUTO-Union Store, Scruples Store, maicaiyi Store, Painting Room Decor Store, ISHOWFY Store, Liwell Factory Store, HAFTSS Party Supplies Store, KKKNA Store, Sportster Stickers Store, Meishe Store, Zyh outdoor Store, Heroic Department Store, A120C8T5ZXH189, Alan-y, lihaiwudedian, XinYYu, mingshengshangmaohang, QiCaiJingXiaoBu, WSHBJ, WYSHANGMAO, PAAPFG FLAG, Breezypals, zsixnh, GAOSHUXIA666, RUWENBH156, Moto Moto Motorcycle, A1DRK3BBBPXGPM, A1DY3SF6TFP7JC, Monaeter, liujiandedianpua, A1KQ1NXPISNCM, A1L3AF532UA4B7, BarleyU, chenxiaochi, ZHOUPCNPC, BEAUGTA, xiangxinmin, hefeichakunshangmaoyouxiangongsi, PanPei Store, USUASI, hefeicounianshangmaoyouxiangongsi, TsangmanStar, BUWU, George H Preston, Promise Faster, Merys, WangheStore, GREATING, HONG KONG SI TUO TRADING CO., LIMITED, YANPEIXIAODIAN, liuqxuk, XZPshop, A28RFYD4X8WPPJ, JieChu, Xiangchengshilingboshangmaoyouxiangongsi, MK-Mouse Shop, Cloud man, Yangliu-Shop, Sylvester, Qmyckv, A2KYLKXJPIMWHC, LAIMAIYA, yikushangdian, TIELIN28FZBH, Shirui art shot, peimingbaihuodian, Home cloth art Sellmax, TXIYAAO, Very beautiful8, guojiuliang, zhangzhiqiang01, kunmingtiefanwanwangluokejiyouxiangongsi, Houseuse, Taopin, money, jinteshangwu, hulianzhi486785, Beautiful&sister, A39FSFM19BIAKV, DaiDa, Hui sister' shop, ruzhoushiyuhongshangmao, huizheng ren, Amontyyroo, liangguowenRGGG, peijing, HHGooods, iyaoxinyangk, angroups, Who else, aibosi, KaixinWeiLai, bo luo cheng xin dian, Shangshuixianzhechenshangmaoyouxiangongsi, JW Auto Moto, tengxifang, hengga, Jemant, AOLNW1PMZT6N1, Unicorn_Store, liyufenggg, boshengtianmei, CHaorenla, Tepuhui, MBKAU, XiaoTangBaiHuo, AUP5LEXH3Y7LE, AV1LVLWZ3PLUE, YYDS, FALWJAUA, MengyueStore, ZhaoFengShiYe, street_performance_motors, well2178, Qingtian Yingying Electronic Commerce Co., Ltd, Ding, Shenzhen Rongxiner Network Technology Co., Ltd, Fuyu, Lucakuins, Steward Felton.Inc, The farmer's home, gongqin, Guanling, shiguangpearl, Lovelygirl818, wangyucuiloho, codieaofaskf, Braecklines, liguizhi66058, tianyuhang4717, haungchengxin45201, Multimarket Mis Hermanos, among flowers and Berengenasdecolores added to case caption. (Text entry; no document attached.)

41

May 20, 2022

NOTICE of Voluntary Dismissal by H-D U.S.A., LLC as to certain defendants

42

May 27, 2022

NOTICE of Voluntary Dismissal by H-D U.S.A., LLC as to certain defendant

43

June 17, 2022

NOTICE of Voluntary Dismissal by H-D U.S.A., LLC as to certain defendant

44

July 1, 2022

ATTORNEY Appearance for Defendants Ding, Fuyu, Qingtian Yingying Electronic Commerce Co., Ltd, Shenzhen Rongxiner Network Technology Co., Ltd by Lydia Pittaway

45

July 1, 2022

NOTICE of Voluntary Dismissal by H-D U.S.A., LLC as to certain Defendants

46

July 1, 2022

MOTION by Plaintiff H-D U.S.A., LLC for entry of default, MOTION by Plaintiff H-D U.S.A., LLC for default judgment as to all Defendants with the exception of certain Defendants

Exhibit A

47

July 1, 2022

MEMORANDUM by H-D U.S.A., LLC in support of motion for entry of default, motion for default judgment[46]

Exhibit 1

48

July 1, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[47]

Exhibit 1

49

July 1, 2022

NOTICE of Motion by Allyson M. Martin for presentment of motion for entry of default, motion for default judgment[46] before Honorable Robert M. Dow Jr. on 7/6/2022 at 09:00 AM.

Exhibit A

50

July 1, 2022

MOTION by Defendants Ding, Fuyu, Qingtian Yingying Electronic Commerce Co., Ltd, Shenzhen Rongxiner Network Technology Co., Ltd for extension of time to file answer

51

July 4, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for default judgment [46] will be heard telephonically on 7/6/2022 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Motion of Defendant Nos. 137 (Qingtian Yingying Electronic Commerce Co., Ltd.), 138 (Ding), 139 (Shenzhen Rongxiner Network Technology Co., Ltd.), 140 (Fuyu) for extension of time to answer or otherwise plead [50] is granted to and including 8/1/2022. Unless a stipulation of dismissal has been filed as to all Defendants, joint status report is due no later than 8/5/2022. For content of joint status report, please see Judge Dow's webpage. Emailed notice

52

July 5, 2022

ATTORNEY Appearance for Defendants Ding, Fuyu, Qingtian Yingying Electronic Commerce Co., Ltd, Shenzhen Rongxiner Network Technology Co., Ltd by Charles Edward McElvenny

53

July 6, 2022

ATTORNEY Appearance for Plaintiff H-D U.S.A., LLC by Kahlia Roe Halpern

54

July 6, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. Plaintiff's motion for entry of default judgment as to all Defendants with the exception of certain Defendants [46] is granted. Deadline for the defendants represented by counsel to file their answer to the plaintiff's complaint is extended to 8/1/2022. Counsel to submit a proposed order in Word format and cc the courtroom deputy. Emailed notice

55

July 22, 2022

NOTICE of Voluntary Dismissal by All Plaintiffs as to certain defendant

58

July 22, 2022

FINAL JUDGMENT ORDER: Signed by the Honorable Robert M. Dow, Jr on 7/22/2022. Mailed notice

56

Aug. 5, 2022

STATUS Report (Joint) by H-D U.S.A., LLC

57

Aug. 19, 2022

NOTICE of Voluntary Dismissal by H-D U.S.A., LLC as to certain defendants

59

Aug. 24, 2022

MOTION by Plaintiff H-D U.S.A., LLC to approve consent judgment as to Certain Defendants

60

Aug. 24, 2022

NOTICE of Motion by Allyson M. Martin for presentment of motion to approve consent judgment[59] before Honorable Robert M. Dow Jr. on 8/29/2022 at 09:00 AM.

61

Aug. 24, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: This case is set for a telephonic status hearing on 8/31/2022 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829; passcode is 6963747. If a stipulation of dismissal is filed as to the remaining Defendants before that date, the status hearing will be cancelled and the case will be closed. Emailed notice

62

Aug. 29, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for approval of consent judgment as to certain Defendants [59] will be heard telephonically on 8/29/2022 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice

63

Aug. 29, 2022

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. Defendant did not appear. Motion to approve consent judgment [59] is granted. Signed order to follow. Civil case terminated. Emailed notice

64

Aug. 29, 2022

CONSENT JUDGMENT Signed by the Honorable Robert M. Dow, Jr on 8/29/2022. Emailed notice

65

Oct. 5, 2022

NOTICE of Removal of Material from the Custody of the Clerk's Office by Greer, Burns & Crain Ltd. (#33 - SURETY BOND in the amount of $ 10,000.00) (Attachment) (Received for docketing 11/7/2022)

66

Jan. 5, 2023

FULL SATISFACTION of Judgment regarding order[58] in the amount of $500,000 as to certain defendant

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