2022-cv-02072

COMPLAINT filed by Bad Vibes Forever, LLC; Filing fee $ 402, receipt number 0752-19364166.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Bad Vibes Forever, LLC Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Yi Bu

ATTORNEY Appearance for Plaintiff Bad Vibes Forever, LLC by Adam Grodman

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bad Vibes Forever, LLC

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment.

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.

MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file [Certain] Documents Under Seal

MOTION by Plaintiff Bad Vibes Forever, LLC for leave to file excess pages

MEMORANDUM In Support of 11 Ex Parte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, Declaration of Keith Vogt

Declaration of Robert A. Celestin, Esq.

(Exhibit 1, Declaration of Robert A. Celestin, Esq.)

SEALED EXHIBIT by Plaintiff Bad Vibes Forever, LLC Sealed Exhibit 2 to the Declaration of Robert A. Celestin, Esq. regarding memorandum in support of motion, 12

Exhibit 2, Part 1

Exhibit 2, Part 2

Exhibit 2, Part 3

Exhibit 2, Part 4

Exhibit 2, Part 5

Exhibit 2, Part 6

Exhibit 2, Part 7

Exhibit 2, Part 8

Exhibit 2, Part 9

Exhibit 2, Part 10

(Exhibit 2, Part 11)

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by July 11, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: At the plaintiff's request, the deadline to file a joint initial status report is extended to October 14, 2022. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for an ex parte temporary restraining order (Dckt. No. 11). The proposed minute order includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its memo, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 21. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice

STATEMENT by Bad Vibes Forever, LLC Regarding Asset Freeze

Exhibit 1

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. [9]) is hereby granted. Plaintiff's motion for leave to file excess pages (Dckt. No. [10]) is hereby granted. Plaintiff motion for a temporary restraining order (Dckt. No. [11]) is granted in part as stated in the accompanying order. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Plaintiff must effectuate service of process by October 7, 2022. Responses to the complaint are due by October 21, 2022. Motions for default and default judgment are due by October 24, 2022. Responses are due by October 27, 2022. A failure to comply will lead to dismissal. The Court directs counsel to serve a copy of this Order and any forthcoming motion on Defendants, and file a certificate of service. The Court forewarns Plaintiff's counsel that it is not inclined to grant any extensions, including any extensions of the TRO, so Plaintiff must be prepared to comply. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Steven C. Seeger on 10/4/2022. Mailed notice.

MOTION by Plaintiff Bad Vibes Forever, LLCMotion To Modify The Temporary Restraining Order To Withdraw The Request For Asset Freeze And Injunction

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to modify the TRO (Dckt. No. [20]) is hereby granted. The Court hereby modifies the TRO to remove the asset freeze and the temporary injunctive relief. Plaintiff shall serve a copy of this Order on Defendants and on any third party who received the original TRO. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file an initial status report is extended to January 12, 2023. Mailed notice

SUMMONS Returned Executed by Bad Vibes Forever, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/19/2022, answer due 11/9/2022.

(Declaration of Service)

SUMMONS Returned Executed by Bad Vibes Forever, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 11/1/2022, answer due 11/22/2022.

(Declaration of Service)

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 46 jiupinyiju Co.Ltd

MOTION by Plaintiff Bad Vibes Forever, LLC for entry of default Against The Defendants Identified In the First Amended Schedule A pursuant to Fed. R. Civ. P. 55(a)

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of default (Dckt. No. 26) is hereby granted. The responses to the complaint are overdue. The Court enters default under Rule 55(a) against all remaining Defendants. A motion for default judgment is due by December 9, 2022. The responses are due by December 16, 2022. Plaintiff must serve a copy of this Order and file a certificate of service. Defendants must file a motion if they seek a hearing. The Court reminds Plaintiff's counsel of the obligation to submit a Word version of a proposed judgment with an updated Schedule A. Mailed notice

MOTION by Plaintiff Bad Vibes Forever, LLC for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Bad Vibes Forever, LLC in support of motion for default judgment 28

Exhibit 1

(Exhibit 2)

CERTIFICATE of Service by Plaintiff Bad Vibes Forever, LLC regarding order on motion for entry of default, text entry, 27

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 12/29/2022: Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file an initial status report is extended to April 12, 2023. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. 28) is hereby granted. The answers are long overdue. This Court previously ordered the entry of default against certain defendants. (Dckt. No. 27) The Court enters final judgment against all remaining Defendants. Final Judgment Order to follow. There are no remaining defendants. The case is closed. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 223 Shop5615295 Store and no. 224 Shop5655018 Store