|
# |
Date |
Document |
|---|---|---|
|
1 |
Sept. 23, 2022 |
COMPLAINT filed by OUYEINC LTD.; Filing fee $ 402, receipt number AILNDC-19870646. Exhibit A - Trademark Registrations (Exhibit Schedule A Placeholder) |
|
2 |
Sept. 23, 2022 |
CIVIL Cover Sheet |
|
3 |
Sept. 23, 2022 |
ATTORNEY Appearance for Plaintiff OUYEINC LTD. by Ilya Zlatkin |
|
4 |
Sept. 23, 2022 |
SEALED EXHIBIT by Plaintiff OUYEINC LTD. Schedule "A" regarding complaint 1 CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. 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.) |
|
5 |
Sept. 26, 2022 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA. |
|
6 |
Sept. 26, 2022 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. |
|
7 |
Oct. 3, 2022 |
MOTION by Plaintiff OUYEINC LTD. for temporary restraining order, including a Temporary Injunction, Temporary Asset Restraint, and Expedited Discovery (Errata Unreported Opinions) |
|
8 |
Oct. 3, 2022 |
DECLARATION of Ilya G. Zlatkin regarding motion for temporary restraining order 7 Exhibit 1 to Declaration Exhibit 2 to Declaration Exhibit 3 to Declaration Exhibit 4 to Declaration (Exhibit 5 to Declaration) |
|
9 |
Oct. 3, 2022 |
DECLARATION of Rongji Ge regarding motion for temporary restraining order 7 (Exhibit 1 to Declaration) |
|
10 |
Oct. 3, 2022 |
SEALED EXHIBIT by Plaintiff OUYEINC LTD. Exhibit 2 of Plaintiff's Declaration regarding declaration 9, MOTION by Plaintiff OUYEINC LTD. for temporary restraining order, including a Temporary Injunction, Temporary Asset Restraint, and Expedited Discovery 7 Exhibit 2-1-1 Exhibit 2-1-2 Exhibit 2-2 Exhibit 2-3 Exhibit 2-4 Exhibit 2-5 Exhibit 2-6 (Exhibit 2-7) |
|
11 |
Oct. 3, 2022 |
MOTION by Plaintiff OUYEINC LTD.Electronic Service of Process Pursuant to FRCP 4(f)(3) Declaration of Ilya Zlatkin in Support of Motion for Electronic Service Exhibit 1 of IZ Declaration Exhibit 2 of IZ Declaration (Errata Unpublished Opinions) |
|
12 |
Oct. 3, 2022 |
MOTION by Plaintiff OUYEINC LTD. for leave to file under seal |
|
13 |
Oct. 11, 2022 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal: (1) Schedule A attached to the Complaint; and (2) screenshot printouts (Exhibits 2 to the Declaration of Rongji Ge) 12 is granted. The court has reviewed Plaintiff's ex parte motion for a temporary restraining order, temporary asset restraint, expedited discovery, 7. By 10/13/2022, plaintiff shall comply with the procedures listed on the court's website and submit to the court's Proposed Order Inbox (Proposed_Order_Pacold@ilnd.uscourts.gov) a proposed order and a track changes version showing any differences between plaintiff's proposed order and the court's template order. The court has reviewed the filing entitled "motion for miscellaneous relief" 11. This filing appears to be in error. |
|
14 |
Oct. 11, 2022 |
MOTION by Plaintiff OUYEINC LTD. to amend/correct MOTION by Plaintiff OUYEINC LTD.Electronic Service of Process Pursuant to FRCP 4(f)(3) 11, order on motion for leave to file, text entry, 13 Declaration of Ilya Zlatkin in Support of Motion for Electronic Service Exhibit 1 of IZ Declaration Exhibit 2 of IZ Declaration (Errata Unreported Opinions) |
|
15 |
Oct. 14, 2022 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 7 is 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. 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 timely 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 law firm check, cash, or surety bond, as security. Plaintiff's amended motion for electronic service of process 14 is granted. 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. Plaintiff's motion 11 is denied as moot. BOND in the amount of $ 10,000.00 cashier's check, Receipt No. 4624278027, posted by OUYEINC LTD. (Text entry; no document attached.) |
|
17 |
Oct. 21, 2022 |
REGISTRY DEPOSIT INFORMATION FORM by OUYEINC LTD. |
|
18 |
Oct. 26, 2022 |
MOTION by Plaintiff OUYEINC LTD. for temporary restraining order Ex Parte Motion to Extend Supplement Memorandum in Support of Extension to TRO (Declaration of Ilya Zlatkin to Support Extension of TRO) |
|
19 |
Oct. 28, 2022 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 18 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 15 entered on 10/14/2022 is extended until 11/11/2022. |
|
20 |
Nov. 9, 2022 |
MOTION by Plaintiff OUYEINC LTD. for preliminary injunction Supplement Memorandum in Support of Motion for Preliminary Injunction (Declaration of Ilya Zlatkin to Support Motion for PI) |
|
21 |
Nov. 16, 2022 |
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 20 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/28/2022. Plaintiff shall serve defendants with this notice. SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (Text entry; no document attached.) NEW PARTIES: AORAEM, Buqikma, Dfsuiwk, Fencky_Usa, Medog, mlogiroa, OceeK, Ranrose, Tes Beauty, TOEDO, VANVI, YYGo, 828discounts, all-for-love-store, Allforyou1578, alternativeideas101, azhotdeal, b2c-on-line-com, bahnbitsmom, ballingdoncommerce, bargain-88, bargainelectronic-7, besttool2019, bestumart, big_market100, BigVeezStuff, buyfrommeagain, calico-mx, chipsgeeks6t, chlu-1213, christiscloset36, chug7250, clothesandmore4less, clothesforangels, codeman55-2, directimports1899, droschippe-0, edward-warehouse, eherebuy, enewstore2011, extremelytmart, familyfriendsfind, fashionsaleus, ftf2021, furiousautosite, garnisells, gelacquer, goodie7_9, goodscity2010, great.saving.store, hweil85, ildo4217, innajl, itsyours4keeps, jacjaclmart, jacoub_y2 / Florida_sky, janice2166, jgnoma, joha_224, josse_il2015, jujitsu71, kissmyauto, k-maxtro, lior.bs, maggy1703, mainzhou, marketw-3, meeneemotors, mercados.unidos, muchbuy-outlet, muchl_95, mwtrek2009, nacoazllc, nasadfa, nimis.universal.store, powerhigh-us, qiangw21, re-saleamerica, residostyle, riley80002012, romancecity, rossi-nails-22, Rozempire, rurich19, s-2344, sackaus_41, saidahrahm_0, sale2015express, sellsim_2day_shipping, sharuebe-0, shoperhut_store, shopo-lux, shoptienda, sousoutechnic, sunnyshop24h, sunshine-eshop, super-powerful2019, tadasmiksta, The Tarheel Picker, thegooditems, tica118015, tom_e-shop, toosell2009, topshoppingoutlet.com, tradingdirect, trendysolution, tsarltd, tusheinc, ukbestdeals592, USA.Click.Buy, valtech1986, vam-16, vaping4fun, vermut_14, vonc_lind, whiteoaktradingpost, witm-paul, wonderyshop, ygs_express, yungoddess, zzce79, Dawner, Egowind, I am beautiful, Run Home Store, Billbianc, Coutlet llc, edgeLook, Find-It-Fast, Geeks Homehold Inc, JKMG MARKETING INC, Joybuy, Joybuy Express, OBSIDIAN TRADING, Peysaitr, SLPUSH, Tektonik Inc., Yifu, atcmart, Beautykute, blusa y pantys, chenyanghuang, CJ Technology LLC, Deen Shop, Fancy World, Happy Growth Hut, jinma, K-Mild, lotusheart, Lovelighting, Luotaog, MandyJohndWlN, MarquisMattox, mybrighteststar, One meter sunshine team, Pengpeng, ruhuameijuan, smart choice International co., Specxterd, Spherecords, spicypepper, trilighting, VC Play, Wayaya-colorful mall, woo_korea, WTshoppingfun, zhangjianxin and ZhongXiHua added to case caption. (Text entry; no document attached.) |
|
22 |
Nov. 19, 2022 |
SUMMONS Returned Executed by OUYEINC LTD. as to 828discounts on 11/19/2022, answer due 12/12/2022; AORAEM on 11/19/2022, answer due 12/12/2022; Allforyou1578 on 11/19/2022, answer due 12/12/2022; Beautykute on 11/19/2022, answer due 12/12/2022; BigVeezStuff on 11/19/2022, answer due 12/12/2022; Billbianc on 11/19/2022, answer due 12/12/2022; Buqikma on 11/19/2022, answer due 12/12/2022; CJ Technology LLC on 11/19/2022, answer due 12/12/2022; Coutlet llc on 11/19/2022, answer due 12/12/2022; Dawner on 11/19/2022, answer due 12/12/2022; Deen Shop on 11/19/2022, answer due 12/12/2022; Dfsuiwk on 11/19/2022, answer due 12/12/2022; Egowind on 11/19/2022, answer due 12/12/2022; Fancy World on 11/19/2022, answer due 12/12/2022; Fencky_Usa on 11/19/2022, answer due 12/12/2022; Find-It-Fast on 11/19/2022, answer due 12/12/2022; Geeks Homehold Inc on 11/19/2022, answer due 12/12/2022; Happy Growth Hut on 11/19/2022, answer due 12/12/2022; I am beautiful on 11/19/2022, answer due 12/12/2022; JKMG MARKETING INC on 11/19/2022, answer due 12/12/2022; Joybuy on 11/19/2022, answer due 12/12/2022; Joybuy Express on 11/19/2022, answer due 12/12/2022; K-Mild on 11/19/2022, answer due 12/12/2022; Lovelighting on 11/19/2022, answer due 12/12/2022; Luotaog on 11/19/2022, answer due 12/12/2022; MandyJohndWlN on 11/19/2022, answer due 12/12/2022; MarquisMattox on 11/19/2022, answer due 12/12/2022; Medog on 11/19/2022, answer due 12/12/2022; OBSIDIAN TRADING on 11/19/2022, answer due 12/12/2022; OceeK on 11/19/2022, answer due 12/12/2022; One meter sunshine team on 11/19/2022, answer due 12/12/2022; Pengpeng on 11/19/2022, answer due 12/12/2022; Peysaitr on 11/19/2022, answer due 12/12/2022; Ranrose on 11/19/2022, answer due 12/12/2022; Rozempire on 11/19/2022, answer due 12/12/2022; Run Home Store on 11/19/2022, answer due 12/12/2022; SLPUSH on 11/19/2022, answer due 12/12/2022; Specxterd on 11/19/2022, answer due 12/12/2022; Spherecords on 11/19/2022, answer due 12/12/2022; TOEDO on 11/19/2022, answer due 12/12/2022; Tektonik Inc. on 11/19/2022, answer due 12/12/2022; Tes Beauty on 11/19/2022, answer due 12/12/2022; The Tarheel Picker on 11/19/2022, answer due 12/12/2022; USA.Click.Buy on 11/19/2022, answer due 12/12/2022; VANVI on 11/19/2022, answer due 12/12/2022; VC Play on 11/19/2022, answer due 12/12/2022; WTshoppingfun on 11/19/2022, answer due 12/12/2022; Wayaya-colorful mall on 11/19/2022, answer due 12/12/2022; YYGo on 11/19/2022, answer due 12/12/2022; Yifu on 11/19/2022, answer due 12/12/2022; ZhongXiHua on 11/19/2022, answer due 12/12/2022; all-for-love-store on 11/19/2022, answer due 12/12/2022; alternativeideas101 on 11/19/2022, answer due 12/12/2022; atcmart on 11/19/2022, answer due 12/12/2022; azhotdeal on 11/19/2022, answer due 12/12/2022; b2c-on-line-com on 11/19/2022, answer due 12/12/2022; bahnbitsmom on 11/19/2022, answer due 12/12/2022; ballingdoncommerce on 11/19/2022, answer due 12/12/2022; bargain-88 on 11/19/2022, answer due 12/12/2022; bargainelectronic-7 on 11/19/2022, answer due 12/12/2022; besttool2019 on 11/19/2022, answer due 12/12/2022; bestumart on 11/19/2022, answer due 12/12/2022; big_market100 on 11/19/2022, answer due 12/12/2022; blusa y pantys on 11/19/2022, answer due 12/12/2022; buyfrommeagain on 11/19/2022, answer due 12/12/2022; calico-mx on 11/19/2022, answer due 12/12/2022; chenyanghuang on 11/19/2022, answer due 12/12/2022; chipsgeeks6t on 11/19/2022, answer due 12/12/2022; chlu-1213 on 11/19/2022, answer due 12/12/2022; christiscloset36 on 11/19/2022, answer due 12/12/2022; chug7250 on 11/19/2022, answer due 12/12/2022; clothesandmore4less on 11/19/2022, answer due 12/12/2022; clothesforangels on 11/19/2022, answer due 12/12/2022; codeman55-2 on 11/19/2022, answer due 12/12/2022; directimports1899 on 11/19/2022, answer due 12/12/2022; droschippe-0 on 11/19/2022, answer due 12/12/2022; edgeLook on 11/19/2022, answer due 12/12/2022; edward-warehouse on 11/19/2022, answer due 12/12/2022; eherebuy on 11/19/2022, answer due 12/12/2022; enewstore2011 on 11/19/2022, answer due 12/12/2022; extremelytmart on 11/19/2022, answer due 12/12/2022; familyfriendsfind on 11/19/2022, answer due 12/12/2022; fashionsaleus on 11/19/2022, answer due 12/12/2022; ftf2021 on 11/19/2022, answer due 12/12/2022; furiousautosite on 11/19/2022, answer due 12/12/2022; garnisells on 11/19/2022, answer due 12/12/2022; gelacquer on 11/19/2022, answer due 12/12/2022; goodie7_9 on 11/19/2022, answer due 12/12/2022; goodscity2010 on 11/19/2022, answer due 12/12/2022; great.saving.store on 11/19/2022, answer due 12/12/2022; hweil85 on 11/19/2022, answer due 12/12/2022; ildo4217 on 11/19/2022, answer due 12/12/2022; innajl on 11/19/2022, answer due 12/12/2022; itsyours4keeps on 11/19/2022, answer due 12/12/2022; jacjaclmart on 11/19/2022, answer due 12/12/2022; jacoub_y2 / Florida_sky on 11/19/2022, answer due 12/12/2022; janice2166 on 11/19/2022, answer due 12/12/2022; jgnoma on 11/19/2022, answer due 12/12/2022; jinma on 11/19/2022, answer due 12/12/2022; joha_224 on 11/19/2022, answer due 12/12/2022; josse_il2015 on 11/19/2022, answer due 12/12/2022; jujitsu71 on 11/19/2022, answer due 12/12/2022; k-maxtro on 11/19/2022, answer due 12/12/2022; kissmyauto on 11/19/2022, answer due 12/12/2022; lior.bs on 11/19/2022, answer due 12/12/2022; lotusheart on 11/19/2022, answer due 12/12/2022; maggy1703 on 11/19/2022, answer due 12/12/2022; mainzhou on 11/19/2022, answer due 12/12/2022; marketw-3 on 11/19/2022, answer due 12/12/2022; meeneemotors on 11/19/2022, answer due 12/12/2022; mercados.unidos on 11/19/2022, answer due 12/12/2022; mlogiroa on 11/19/2022, answer due 12/12/2022; muchbuy-outlet on 11/19/2022, answer due 12/12/2022; muchl_95 on 11/19/2022, answer due 12/12/2022; mwtrek2009 on 11/19/2022, answer due 12/12/2022; mybrighteststar on 11/19/2022, answer due 12/12/2022; nacoazllc on 11/19/2022, answer due 12/12/2022; nasadfa on 11/19/2022, answer due 12/12/2022; nimis.universal.store on 11/19/2022, answer due 12/12/2022; powerhigh-us on 11/19/2022, answer due 12/12/2022; qiangw21 on 11/19/2022, answer due 12/12/2022; re-saleamerica on 11/19/2022, answer due 12/12/2022; residostyle on 11/19/2022, answer due 12/12/2022; riley80002012 on 11/19/2022, answer due 12/12/2022; romancecity on 11/19/2022, answer due 12/12/2022; rossi-nails-22 on 11/19/2022, answer due 12/12/2022; ruhuameijuan on 11/19/2022, answer due 12/12/2022; rurich19 on 11/19/2022, answer due 12/12/2022; s-2344 on 11/19/2022, answer due 12/12/2022; sackaus_41 on 11/19/2022, answer due 12/12/2022; saidahrahm_0 on 11/19/2022, answer due 12/12/2022; sale2015express on 11/19/2022, answer due 12/12/2022; sellsim_2day_shipping on 11/19/2022, answer due 12/12/2022; sharuebe-0 on 11/19/2022, answer due 12/12/2022; shoperhut_store on 11/19/2022, answer due 12/12/2022; shopo-lux on 11/19/2022, answer due 12/12/2022; shoptienda on 11/19/2022, answer due 12/12/2022; smart choice International co. on 11/19/2022, answer due 12/12/2022; sousoutechnic on 11/19/2022, answer due 12/12/2022; spicypepper on 11/19/2022, answer due 12/12/2022; sunnyshop24h on 11/19/2022, answer due 12/12/2022; sunshine-eshop on 11/19/2022, answer due 12/12/2022; super-powerful2019 on 11/19/2022, answer due 12/12/2022; tadasmiksta on 11/19/2022, answer due 12/12/2022; thegooditems on 11/19/2022, answer due 12/12/2022; tica118015 on 11/19/2022, answer due 12/12/2022; tom_e-shop on 11/19/2022, answer due 12/12/2022; toosell2009 on 11/19/2022, answer due 12/12/2022; topshoppingoutlet.com on 11/19/2022, answer due 12/12/2022; tradingdirect on 11/19/2022, answer due 12/12/2022; trendysolution on 11/19/2022, answer due 12/12/2022; trilighting on 11/19/2022, answer due 12/12/2022; tsarltd on 11/19/2022, answer due 12/12/2022; tusheinc on 11/19/2022, answer due 12/12/2022; ukbestdeals592 on 11/19/2022, answer due 12/12/2022; valtech1986 on 11/19/2022, answer due 12/12/2022; vam-16 on 11/19/2022, answer due 12/12/2022; vaping4fun on 11/19/2022, answer due 12/12/2022; vermut_14 on 11/19/2022, answer due 12/12/2022; vonc_lind on 11/19/2022, answer due 12/12/2022; whiteoaktradingpost on 11/19/2022, answer due 12/12/2022; witm-paul on 11/19/2022, answer due 12/12/2022; wonderyshop on 11/19/2022, answer due 12/12/2022; woo_korea on 11/19/2022, answer due 12/12/2022; ygs_express on 11/19/2022, answer due 12/12/2022; yungoddess on 11/19/2022, answer due 12/12/2022; zhangjianxin on 11/19/2022, answer due 12/12/2022; zzce79 on 11/19/2022, answer due 12/12/2022. |
|
23 |
Nov. 27, 2022 |
ATTORNEY Appearance for Defendant alternativeideas101 by Leslie Rafalli Gillis |
|
24 |
Nov. 27, 2022 |
ATTORNEY Appearance for Defendant alternativeideas101 by Cory Jay Rosenbaum |
|
25 |
Nov. 27, 2022 |
ATTORNEY Appearance for Defendants Joybuy, Joybuy Express by David M. Airan |
|
26 |
Nov. 27, 2022 |
ATTORNEY Appearance for Defendants Joybuy, Joybuy Express by Nicole E. Kopinski |
|
27 |
Nov. 27, 2022 |
ATTORNEY Appearance for Defendants Joybuy, Joybuy Express by Wallace Hua Feng |
|
28 |
Nov. 28, 2022 |
NOTICE of Voluntary Dismissal by OUYEINC LTD. with prejudice against Defendant Online Store No. 180 (Billbianc) |
|
29 |
Nov. 28, 2022 |
MOTION by Defendants Joybuy, Joybuy Express for extension of time Unopposed Motion to Extend Deadlines Regarding Defendants Joybuy and Joybuy Express (Defendant Nos. 186 & 187) |
|
30 |
Nov. 29, 2022 |
PRO SE Appearance by Defendant Michael L. Cake. |
|
31 |
Dec. 1, 2022 |
MINUTE entry before the Honorable Martha M. Pacold: The unopposed motion to extend deadlines regarding defendants Joybuy and Joybuy Express (Defendant Nos. 186 & 187) 29 is granted. Any objections by defendants Joybuy and Joybuy Express to Plaintiff's motion for entry of preliminary injunction 20 are due by 2/10/2023. These defendants' answers or other responses to the complaint are due by 2/10/2023. |
|
32 |
Dec. 6, 2022 |
NOTICE of Voluntary Dismissal by OUYEINC LTD. with prejudice against Defendant Online Store No. 54 (Dfsuiwk) |
|
33 |
Dec. 6, 2022 |
NOTICE of Voluntary Dismissal by OUYEINC LTD. with prejudice against Defendant Online Store Nos. 122 (meeneemotors) and 130 (powerhigh-us) |
|
34 |
Dec. 9, 2022 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal 32, 33, which seek to voluntarily dismiss defendants Dfsuiwkunder, meeneemotors, and powerhigh-us 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 notices of voluntary dismissal 32, 33, as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants Dfsuiwkunder, meeneemotors, and powerhigh-us 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 12/15/2022 identifying the remaining defendants. |
|
35 |
Dec. 15, 2022 |
AMENDED exhibit 4 Schedule "A" (First Amended) |
|
36 |
Dec. 29, 2022 |
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. NEW PARTIES: Cixi City Chaolai Electrical Factory, Dongguan Besung Electric Appliance Co.,ltd, Dongguan Gongjianggu Technology Co., Ltd., Dongguan I-Believe Electronic Appliance Co., Ltd., Foshan Nanhai Fair Electronic Technology Co., Ltd., Ginsin International Trade (Shenzhen) Co., Ltd., Guangzhou Fanni Trading Co., Ltd, Guangzhou Hengdeli Technology Co., Ltd., Guangzhou Hongde Cosmetic Co., Ltd., Guangzhou Jiali Beauty Electronic Technology Co., Ltd., Guangzhou kailana Cosmetics Co., Ltd., Guangzhou Ruofei Cosmetics Co., Ltd., Guangzhou Yunxi Industry Co., Ltd., Halibaba Biotechnology (Guangdong) Co., Ltd., Hebei Lech Technology Co., Ltd., Jasslife International Co., Ltd., Jiangxi Songcheng Technology Co., Ltd., MI RO NAIL CO., LTD., Ningbo Beilun Ziro Electronics Factory, Ningbo Kingworth Global Imp. & Exp. Co., Ltd., Shangzhi Youzao (Guangzhou) Technology Co., Ltd., Shenzhen Bojielunsen Technology Co., Ltd., Shenzhen Conyi Technology Co., Ltd., Shenzhen Fashion Room Fun Trading Co., Ltd., Shenzhen Hx E-Commece Co., Ltd., Shenzhen Liuluanmei Electric Co., Ltd., Shenzhen Youyisi Industrial Co., Ltd., Shenzhen Yuchenwei Technology Co., Ltd., Shenzhen Zhuangxin Technology Co., Ltd., Wuhan Skeily Photoelectric Technology Co., Ltd., ARTWORK Nail Store, China Factory Direct Collected Store, dorephine Store, Enjoy life Store, EnjoyWarm heatingpanel Store, factory direct 888 store, GTY nail tools Store, HA-Life Store, LANSSAL Official Store, Meizhuang3 Store, miqmi Official Store, monika nails professional Official Store, Oladipo Store, RuTin Store, Shop1100380176 Store, Shop5679045 Store, SQDC Store, SYTAYIN Global Store, Ur in-Beauty Store, YiGaNo Healthy Dropshipping Store and ZAIWAN Online Store added to case caption. (Text entry; no document attached.) |
|
37 |
Jan. 6, 2023 |
SUMMONS Returned Executed by OUYEINC LTD. as to ARTWORK Nail Store on 1/6/2023, answer due 1/27/2023; China Factory Direct Collected Store on 1/6/2023, answer due 1/27/2023; Cixi City Chaolai Electrical Factory on 1/6/2023, answer due 1/27/2023; Dongguan Besung Electric Appliance Co.,ltd on 1/6/2023, answer due 1/27/2023; Dongguan Gongjianggu Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Dongguan I-Believe Electronic Appliance Co., Ltd. on 1/6/2023, answer due 1/27/2023; Enjoy life Store on 1/6/2023, answer due 1/27/2023; EnjoyWarm heatingpanel Store on 1/6/2023, answer due 1/27/2023; Foshan Nanhai Fair Electronic Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; GTY nail tools Store on 1/6/2023, answer due 1/27/2023; Ginsin International Trade (Shenzhen) Co., Ltd. on 1/6/2023, answer due 1/27/2023; Guangzhou Fanni Trading Co., Ltd on 1/6/2023, answer due 1/27/2023; Guangzhou Hengdeli Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Guangzhou Hongde Cosmetic Co., Ltd. on 1/6/2023, answer due 1/27/2023; Guangzhou Jiali Beauty Electronic Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Guangzhou Ruofei Cosmetics Co., Ltd. on 1/6/2023, answer due 1/27/2023; Guangzhou Yunxi Industry Co., Ltd. on 1/6/2023, answer due 1/27/2023; Guangzhou kailana Cosmetics Co., Ltd. on 1/6/2023, answer due 1/27/2023; HA-Life Store on 1/6/2023, answer due 1/27/2023; Halibaba Biotechnology (Guangdong) Co., Ltd. on 1/6/2023, answer due 1/27/2023; Hebei Lech Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Jasslife International Co., Ltd. on 1/6/2023, answer due 1/27/2023; Jiangxi Songcheng Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; LANSSAL Official Store on 1/6/2023, answer due 1/27/2023; MI RO NAIL CO., LTD. on 1/6/2023, answer due 1/27/2023; Meizhuang3 Store on 1/6/2023, answer due 1/27/2023; Ningbo Beilun Ziro Electronics Factory on 1/6/2023, answer due 1/27/2023; Ningbo Kingworth Global Imp. & Exp. Co., Ltd. on 1/6/2023, answer due 1/27/2023; Oladipo Store on 1/6/2023, answer due 1/27/2023; RuTin Store on 1/6/2023, answer due 1/27/2023; SQDC Store on 1/6/2023, answer due 1/27/2023; SYTAYIN Global Store on 1/6/2023, answer due 1/27/2023; Shangzhi Youzao (Guangzhou) Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Bojielunsen Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Conyi Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Fashion Room Fun Trading Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Hx E-Commece Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Liuluanmei Electric Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Youyisi Industrial Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Yuchenwei Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shenzhen Zhuangxin Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; Shop1100380176 Store on 1/6/2023, answer due 1/27/2023; Shop5679045 Store on 1/6/2023, answer due 1/27/2023; Ur in-Beauty Store on 1/6/2023, answer due 1/27/2023; Wuhan Skeily Photoelectric Technology Co., Ltd. on 1/6/2023, answer due 1/27/2023; YiGaNo Healthy Dropshipping Store on 1/6/2023, answer due 1/27/2023; ZAIWAN Online Store on 1/6/2023, answer due 1/27/2023; dorephine Store on 1/6/2023, answer due 1/27/2023; factory direct 888 store on 1/6/2023, answer due 1/27/2023; miqmi Official Store on 1/6/2023, answer due 1/27/2023; monika nails professional Official Store on 1/6/2023, answer due 1/27/2023. |
|
38 |
Jan. 13, 2023 |
MOTION by Defendants Joybuy, Joybuy Express for extension of time Unopposed Motion to Extend Deadlines Regarding Defendants Joybuy and Joybuy Express (Defendant Nos. 186 & 187) |
|
39 |
Jan. 17, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: The unopposed motion to extend deadlines regarding defendants Joybuy and Joybuy Express (Defendant Nos. 186 & 187) 38 is granted. Any objections by defendant Joybuy and Joybuy Express to Plaintiff's motion for preliminary injunction 20 is due by 3/27/2023. These defendants' answers or other responses to the complaint are due by 3/27/2023. |
|
40 |
Jan. 24, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 28, which seeks to voluntarily dismiss defendant Billbianc 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 28, as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant Billbianc from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended schedule A is already filed on the docket, 35. |
|
41 |
Jan. 24, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: Counsel for Defendant No. 67, alternativeideas101, is directed to file by 1/31/2023 a statement confirming that counsel has complied with Local Rule 83.15, or if not, explaining why not. See 1:22-cv-04973 Zinkia Entertainment v. The Partnerships. Failure to comply with the rule may result in documents filed by counsel being stricken by the court. See L.R. 83.15(b). |
|
42 |
Jan. 24, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: On 11/24/2022 Michael L. Cake filed a pro se appearance asserting he was "d/b/a buy_great_deals." 30. However, the contact information provided in that appearance makes it unclear whether buy_great_deals is an independent legal entity (such as a corporation, LLC, or other organization formally established under the relevant corporate laws of a country or state) or a d/b/a (i.e. a trade name through which Cake operates without a formally established business entity). If buy_great_deals is an independent legal entity, buy_great_deals cannot represent itself, nor can a nonlawyer represent buy_great_deals, and buy_great_deals would need to obtain an attorney and that attorney would need to file an appearance on the docket. Scandia Down Corp. v. Euroquilt, Inc., 772 F.2d 1423, 1427 (7th Cir. 1985). Defendant buy_great_deals's representative, Cake, is directed to file by 1/31/2023 a statement on the docket confirming or denying whether buy_great_deals is an independent legal entity. |
|
43 |
Jan. 24, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: Other than Joybuy and Joybuy Express (Defendant Nos. 186 & 187), no defendant appeared and objected to the motion for preliminary injunction by the 11/28/2022 deadline that the court previously set. 21. Plaintiff is directed to submit to the court's proposed order box promptly, and no later than 2/2/2023, a proposed preliminary injunction order that excepts the objecting defendants and defendants that have since been dropped from the case, along with a track changes comparison to the template order on the court's website. |
|
44 |
Jan. 24, 2023 |
Response to ECF 41 by alternativeideas101 |
|
45 |
Jan. 25, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received the notice of compliance with Local Rule 83.15 filed by counsel for Defendant No. 67, alternativeideas101. 44. The notice addresses the court's order regarding compliance with Local Rule 83.15. 41. |
|
46 |
Jan. 27, 2023 |
DECLARATION of Michael L Cake. |
|
47 |
Jan. 31, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: Pursuant to Michael L. Cake's declaration, the pro se appearance by Michael L. Cake 30 is stricken. In order to explore legal representation, defendant buy_great_deals is granted a 45-day extension from today's date to respond to the motion for a preliminary injunction and answer or otherwise respond to the complaint. Any objections by defendant buy_great_deals to Plaintiff's motion for preliminary injunction 20 and answer or other response to the complaint are due by 3/17/2023. |
|
48 |
Feb. 2, 2023 |
AMENDED exhibit 4, amended document 35 Schedule "A" (Second Amended) |
|
49 |
Feb. 22, 2023 |
AMENDED exhibit 4, amended document 35, amended document 48 Schedule "A" (Third Amended) |
|
50 |
March 24, 2023 |
MOTION by Defendants Joybuy, Joybuy Express for extension of time Unopposed Motion to Extend Deadlines Regarding Defendants Joybuy and Joybuy Express (Defendant Nos. 186 & 187) |
|
51 |
March 27, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: The unopposed motion for extension of time filed by defendants Joybuy and Joybuy Express 50 is granted. Any objections by defendant Joybuy and Joybuy Express to Plaintiff's motion for preliminary injunction 20 is due by 4/10/2023. These defendants' answers or other responses to the complaint are due by 4/10/2023. |
|
52 |
March 31, 2023 |
AMENDED exhibit 4, amended document 49, amended document 35, amended document 48 Schedule "A" (Fourth Amended) |
|
53 |
April 10, 2023 |
MOTION by Defendants Joybuy Express, Joybuy to dismiss for lack of jurisdiction Defendants Joybuy (No. 186) and Joybuy Express (No. 187)'s Opposed Motion to Dismiss Under Federal Rules of Civil Procedure 12(b)(2)and 12(b)(5) Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit O Exhibit P Exhibit Q Exhibit R (Exhibit S) |
|
54 |
April 10, 2023 |
RESPONSE by Joybuy, Joybuy Expressin Opposition to MOTION by Plaintiff OUYEINC LTD. for preliminary injunction 20 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit O Exhibit P Exhibit Q Exhibit R Exhibit S Exhibit T Exhibit U Exhibit V Exhibit W Exhibit X Exhibit Y Exhibit Z Exhibit AA Exhibit BB Exhibit CC Exhibit DD Exhibit EE Exhibit FF Exhibit GG Exhibit HH Exhibit II Exhibit JJ Exhibit KK (Exhibit LL) |
|
55 |
April 10, 2023 |
SEALED EXHIBIT by Defendants Joybuy, Joybuy Express Exhibit D regarding MOTION by Defendants Joybuy Express, Joybuy to dismiss for lack of jurisdiction Defendants Joybuy (No. 186) and Joybuy Express (No. 187)'s Opposed Motion to Dismiss Under Federal Rules of Civil Procedure 12(b)(2)and 12(b)(5) 53, response in opposition to motion, 54 |
|
56 |
April 10, 2023 |
SEALED DOCUMENT by Defendants Joybuy, Joybuy Express Exhibit R |
|
57 |
April 10, 2023 |
MOTION by Defendants Joybuy, Joybuy Express to seal - Exhibit D (Dkt. No. 55) and Exhibit R (Dkt. No. 56) |
|
58 |
April 11, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: The motion to seal filed by defendants Joybuy and Joybuy Express 57 is granted. The Court directs the Clerk of Court to seal Exhibit D, 55, and Exhibit R, 56, to those defendants' motion to dismiss 53, and opposition to the motion for preliminary injunction 54. |
|
59 |
April 11, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received the motion to dismiss 53 filed by defendants Joybuy and Joybuy Express. Plaintiff's response is due by 4/25/2023. Joybuy and Joybuy Express's reply is due by 5/2/2023. |
|
60 |
April 14, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: In an order dated 1/24/2023 the court noted that no defendants other than Joybuy and Joybuy Express had appeared and objected to Plaintiff's motion for preliminary injunction by the 11/28/2022 deadline set by the court. 43. The court directed Plaintiff to submit a proposed preliminary injunction order excepting those objecting defendants and defendants that had been dropped from the case after the court granted Plaintiff leave to amend its pleadings on 1/24/2023 (at which point the first amended schedule A was already on the docket at 35). Plaintiff complied with this instruction. But Plaintiff has since filed two additional purported second and third amended schedule A forms on the docket, 48, 49. Plaintiff did not seek leave of the court to amend its pleadings a second and third time, as required by Federal Rule of Civil Procedure 15(a)(2). For purposes of docket clarity, the "amended" schedule A forms at 48 and 49 are stricken. If amendment of the pleadings is required, Plaintiff may file a motion seeking leave to amend. In any such motion, Plaintiff should explain what amendments to the pleadings it is proposing, in particular which defendants it is proposing to drop from the amended Schedule A. |
|
61 |
April 25, 2023 |
RESPONSE by OUYEINC LTD.in Opposition to MOTION by Defendants Joybuy Express, Joybuy to dismiss for lack of jurisdiction Defendants Joybuy (No. 186) and Joybuy Express (No. 187)'s Opposed Motion to Dismiss Under Federal Rules of Civil Procedure 12(b)(2)and 12(b)(5) 53 (Errata Unreported Opinions) |
|
62 |
May 2, 2023 |
REPLY by Defendants Joybuy, Joybuy Express to motion to dismiss/lack of jurisdiction, 53, exhibit, 55, sealed document 56 Defendants Joybuy and Joybuy Express's Reply in support of their Opposed Motion to Dismiss Under Federal Rules of Civil Procedure 12(b)(2)and 12(b)(5) Exhibit T Exhibit U Exhibit V Exhibit W Exhibit X Exhibit Y Exhibit Z (Exhibit AA) |
|
63 |
May 18, 2023 |
MOTION by Plaintiff OUYEINC LTD. to amend/correct exhibit 4 Schedule "A" |
|
64 |
May 19, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 63 is granted. Plaintiff is direct to file an Amended Schedule A on the docket by 5/26/2023. ARTWORK Nail Store, Buqikma, Coutlet llc, Dongguan I-Believe Electronic Appliance Co., Ltd., Find-It-Fast, Foshan Nanhai Fair Electronic Technology Co., Ltd., Geeks Homehold Inc, Medog, OceeK, Oladipo Store, Ranrose, SLPUSH, Shenzhen Youyisi Industrial Co., Ltd., Shenzhen Zhuangxin Technology Co., Ltd., TOEDO, Tektonik Inc., Tes Beauty, YYGo, alternativeideas101, b2c-on-line-com, bestumart, big_market100, directimports1899, edgeLook, eherebuy, enewstore2011, extremelytmart, fashionsaleus, furiousautosite, goodscity2010, kissmyauto, mainzhou, miqmi Official Store, mlogiroa, muchbuy-outlet, muchl_95, mwtrek2009, residostyle, romancecity, sale2015express, sousoutechnic, sunshine-eshop, thegooditems, toosell2009, tusheinc, vaping4fun, yungoddess, 828discounts, Dfsuiwk, buy_great_deals, goodssale2010, meeneemotors, powerhigh-us, topshop*outlet, Billbianc, Gear Elevation and AORAEM are dismissed. |
|
65 |
May 19, 2023 |
AMENDED exhibit 4 Schedule "A" (Amended) |
|
66 |
June 1, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: Other than Joybuy and Joybuy Express (Defendant Nos. 186 & 187), no defendant appeared and objected to the motion for preliminary injunction by the 11/28/2022 deadline that the court previously set. 21. Plaintiff is directed to submit to the court's proposed order box promptly, and no later than 6/8/2023, a proposed preliminary injunction order that attaches the updated Schedule A and excepts the objecting defendants and defendants that have been dropped from the case, along with a track changes comparison to the template order on the court's website. |
|
67 |
June 2, 2023 |
MOTION by Plaintiff OUYEINC LTD. for entry of default, MOTION by Plaintiff OUYEINC LTD. for default judgment as to all non-excluded and non-dismissed defendants |
|
68 |
June 2, 2023 |
MEMORANDUM by OUYEINC LTD. in support of motion for entry of default, motion for default judgment 67 as to all non-excluded and non-dismissed defendants Exhibit A - List of Defaulting Defendants (Declaration of Service) |
|
69 |
June 5, 2023 |
MOTION by Plaintiff OUYEINC LTD. to amend/correct MOTION by Plaintiff OUYEINC LTD. for entry of default MOTION by Plaintiff OUYEINC LTD. for default judgment as to all non-excluded and non-dismissed defendants 67 (Supplement Amended Motion for Entry of Default and Default Judgment as to Non-Excluded and Non-Dismissed Defendants) |
|
70 |
June 7, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend 69 is granted. If plaintiff wishes to pursue a motion for default judgment, it should file a single amended motion including all corrected attachments on the docket by 6/14/2023. Plaintiff should also, by 6/14/2023, submit a new clean and track changes proposed default judgment order to the court's proposed order box with the amended schedule A as of that date; but as reflected in the court's separate minute entry entered today, by 6/14/2023, plaintiff must also address whether default judgment against some but not all defendants is appropriate under Rule 54(b), Frow v. De La Vega, 82 U.S. 552 (1872), and Seventh Circuit cases. |
|
71 |
June 7, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: As to plaintiff's motion for default judgment, 67 : Since some defendants have appeared, this motion appears to request default judgment against some but not all defendants. By 4:00 p.m. on 6/14/2023, plaintiff is directed to file a short brief (limited to 5 pages, excluding caption and signature block) addressing whether default judgment against some but not all defendants is appropriate under Fed. R. Civ. P. 54(b) and the principles articulated in Frow v. De La Vega, 82 U.S. 552 (1872). See Arwa Chiropractic, P.C. v. Med-Care Diabetic and Medical Supplies, Inc., 961 F.3d 942, 950-952 (7th Cir. 2020); VLM Food Trading Int'l, Inc. v. Illinois Trading Co., 811 F.3d 247, 256 n.6 (7th Cir. 2016); Marshall & Ilsley Trust Co. v. Pate, 819 F.2d 806, 811-12 (7th Cir. 1987); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257-58 (7th Cir. 1980); Krakow Bus. Park v. Locke Lord, LLP, 135 F. Supp. 3d 770, 783 (N.D. Ill. 2015), aff'd sub nom. Domanus v. Locke Lord LLP, 847 F.3d 469 (7th Cir. 2017). Any other party who wishes to file a brief on this point is free to do so by the same deadline. Plaintiff is directed to serve this order on defendants and file a certificate of service on the docket. |
|
72 |
June 13, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed except as to defendants Joybuy and Joybuy Express (Defendant Nos. 186 & 187). Plaintiff's motion for preliminary injunction 20 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Mailed notice. |
|
73 |
June 13, 2023 |
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 6/13/2023. Mailed notice. |
|
74 |
June 14, 2023 |
MOTION by Plaintiff OUYEINC LTD. for entry of default (Amended), MOTION by Plaintiff OUYEINC LTD. for default judgment as to all non-excluded and non-dismissed defendants (Amended) |
|
75 |
June 14, 2023 |
MEMORANDUM by OUYEINC LTD. in support of motion for entry of default, motion for default judgment 74 Exhibit A - List of Defaulting Defendants (Declaration of Service) |
|
76 |
June 14, 2023 |
SUPPLEMENT to motion for entry of default, motion for default judgment 74 Plaintiff's Supplemental Brief Addressing Appropriateness of Default Judgment Against Some But Not All Defendants |
|
77 |
June 14, 2023 |
RESPONSE by Joybuy, Joybuy Expressin Opposition to MOTION by Plaintiff OUYEINC LTD. for entry of default (Amended) MOTION by Plaintiff OUYEINC LTD. for default judgment as to all non-excluded and non-dismissed defendants (Amended) 74 Exhibit A (Appendix A) |
|
78 |
June 16, 2023 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 74 must enter an appearance and file a written objection by 6/29/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. Plaintiff's original motion for default and default judgment, 67, is stricken as superseded. |
|
79 |
June 27, 2023 |
EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeremy C. Daniel; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Jeremy C. Daniel; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeremy C. Daniel's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's criminal case assignment system twelve (12) months so that Judge Daniel shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeremy C. Daniel for all further proceedings. Honorable Martha M. Pacold no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/27/2023. |
|
80 |
June 29, 2023 |
RESPONSE by Joybuy, Joybuy Expressin Opposition to MOTION by Plaintiff OUYEINC LTD. for entry of default (Amended) MOTION by Plaintiff OUYEINC LTD. for default judgment as to all non-excluded and non-dismissed defendants (Amended) 74 The Joybuy Marketplace's Opposition to Plaintiff Ouyeinc Ltd.'s Amended Motion for Entry of Default and Default Judgment Exhibit 1 (Exhibit 2) |
|
81 |
Dec. 14, 2023 |
ATTORNEY Appearance for Defendant pavpei@yahoo.com by Christopher Paul Keleher |
|
82 |
Dec. 14, 2023 |
MOTION by Defendant pavpei@yahoo.com to compel Plaintiff to inform PayPal |
|
83 |
Dec. 15, 2023 |
RESPONSE by OUYEINC LTD. to MOTION by Defendant pavpei@yahoo.com to compel Plaintiff to inform PayPal 82 Notice of Non-Opposition |
|
84 |
Dec. 15, 2023 |
MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing set for 12/21/2023 at 9:30 a.m. Mailed notice |
|
85 |
Dec. 21, 2023 |
MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. For the reasons stated on the record, defendant Pavpei@yahoo.com's motion to compel 82 is granted. Counsel for defendant Pavpei@Yahoo.Com shall submit a proposed order to proposed_order_daniel@ilnd.uscourts.gov in Word format. Mailed notice |
|
86 |
Dec. 21, 2023 |
STIPULATION of Dismissal with prejudice against Defendants No. 186 (Joybuy) and 187 (Joybuy Express) |
|
87 |
Dec. 22, 2023 |
MINUTE entry before the Honorable Jeremy C. Daniel: All pending claims between the plaintiff and defendants Joybuy and Joybuy Express are dismissed with prejudice. Defendants Joybuy and Joybuy Express's motion to dismiss 53 is denied as moot. The plaintiffs' motion for default as to all remaining defendants is granted. The plaintiff shall submit a proposed order concerning default to the Court's proposed order inbox. Mailed notice |
|
88 |
Dec. 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. |
|
89 |
Jan. 3, 2024 |
ORDER ON UNOPPOSED MOTION BY DEFENDANT PAVPEI@YAHOO.COM'S MOTION TO COMPEL. Signed by the Honorable Jeremy C. Daniel on 1/3/2024. Mailed notice |
|
90 |
Jan. 3, 2024 |
DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 1/3/2024. Plaintiff's amended motion for entry of default and default judgment 74 is granted. Civil case terminated. Mailed notice |
|
91 |
Aug. 23, 2024 |
MOTION by Plaintiff OUYEINC LTD. for release of bond obligation |
|
92 |
Aug. 26, 2024 |
MINUTE entry before the Honorable Jeremy C. Daniel: Plaintiff's motion to release injunction bond 91 is granted. The Clerk is directed to return the bond deposit to Plaintiff's counsel. Mailed notice. |
|
93 |
Aug. 29, 2024 |
ORDER Releasing Injunction Bond Signed by the Honorable Jeremy C. Daniel on 8/29/2024. (Received for docketing on 10/11/24)Mailed notice |
|
94 |
April 17, 2025 |
REQUEST by Unknown Michelle Padilla to dismiss judgment (Received via PDF Submission link on Box.com on 04/17/25) |
|
95 |
April 17, 2025 |
CIVIL Caption Form by Michelle Padilla (Received via PDF Submission link on Box.com on 04/17/25) |
|
96 |
April 22, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: Request for dismissal of judgment 94 is entered and briefed as follows: response is due on or before 5/6/2025; any reply is due on or before 5/13/2025. Status hearing set for 6/3/2025 at 9:30 a.m. Mailed notice. |
|
97 |
May 6, 2025 |
RESPONSE by OUYEINC LTD.in Opposition to MOTION by Unknown Michelle Padilla to dismiss 94 Declaration of Ilya G. Zlatkin Exhibit 1 - Case Webpage Exhibit 2 - PI Email (Exhibit 3 - DJ Email) |
|
98 |
June 3, 2025 |
ORDER. The defendant's request to dismiss the default judgment entered against her 94 is denied. This case remains closed. Signed by the Honorable Jeremy C. Daniel on 6/3/2025. Status hearing held. Defendant Michelle Padilla did not appear before the Court. Mailed notice. |
|
99 |
June 10, 2025 |
ATTORNEY Appearance for Defendant garnisells by Benjamin C.R. Lockyer |
|
100 |
June 11, 2025 |
ATTORNEY Appearance for Defendant garnisells by Ana Juneja |
|
101 |
June 11, 2025 |
MOTION by Defendant garnisells to vacate default judgment and preliminary injunction Declaration Decl. of A. Dermaderosian (No. 98 Garnisells) (Declaration Decl of B. Lockyer) |
|
102 |
June 11, 2025 |
MOTION by Defendant garnisells for sanctions under Rule 11 (Supplement Memorandum of Law in Support of Sanctions) |
|
103 |
June 11, 2025 |
ATTORNEY Appearance for Defendant itsyours4keeps by Benjamin C.R. Lockyer (Michelle Padilla) |
|
104 |
June 12, 2025 |
EXHIBIT by Defendant garnisells (Ex. 2 Evid. of Infring) |
|
105 |
June 12, 2025 |
NOTICE of Motion by Benjamin C.R. Lockyer for presentment of motion to vacate 101, motion for sanctions 102 before Honorable Jeremy C. Daniel on 6/17/2025 at 09:30 AM. |
|
106 |
June 12, 2025 |
AFFIDAVIT of Benjamin Lockyer regarding motion for sanctions 102 (Stmnt. on R. 11 Compliance) |
|
107 |
June 17, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: The motion hearing set for 6/17/2025 at 9:30 a.m., will be held by phone. At least 10 mins prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/meet/Judge_Daniel. ALL PARTICIPANTS MUST TYPE IN THEIR NAME WHEN JOINING THE VIDEO CONFERENCE AND YOUR CAMERA MUST BE ON WHEN YOUR CASE IS CALLED. 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: 2315 750 8728. All participants must be in a quiet area while on the line and must be muted until your case is called. 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. |
|
115 |
June 17, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: Telephone motion hearing. Defendant's motions to vacate 101 and for sanctions 102 are entered and briefed as follows: responses are due on or before 7/2/2025; any replies are due by 7/16/2025. Mailed notice. |
|
108 |
June 30, 2025 |
SATISFACTION of Judgment solely as to Defendant No. 144 (sharuebe-0) |
|
109 |
July 2, 2025 |
RESPONSE by OUYEINC LTD.in Opposition to MOTION by Defendant garnisells to vacate default judgment and preliminary injunction 101 Declaration of Ilya G. Zlatkin Exhibit 1 - Case Webpage Exhibit 2 - PI Email Exhibit 3 - DJ Email (Exhibit 4 - Email from Dermarderosian) |
|
110 |
July 2, 2025 |
RESPONSE by OUYEINC LTD.in Opposition to MOTION by Defendant garnisells for sanctions under Rule 11 102 and to Motion by Defendant garnisells to find case exceptional Declaration of Ilya G. Zlatkin Exhibit 1 - Case Webpage Exhibit 2 - PI Email Exhibit 3 - DJ Email Exhibit 4 - Email from Dermarderosian (Exhibit 5 - Lockyer-Zlatkin Correspondence) |
|
111 |
July 2, 2025 |
MOTION by Plaintiff OUYEINC LTD. for leave to file excess pages |
|
112 |
July 3, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for leave to file excess pages 111 is granted. Mailed notice. |
|
113 |
July 4, 2025 |
MOTION by Defendant itsyours4keeps for reconsideration regarding order on motion to dismiss, status hearing, 98 (Exhibit A) |
|
114 |
July 4, 2025 |
NOTICE of Motion by Benjamin C.R. Lockyer for presentment of motion for reconsideration 113 before Honorable Jeremy C. Daniel on 7/10/2025 at 09:30 AM. |
|
116 |
July 10, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Motion for reconsider order denying motion to set aside default judgment 113 is entered and continued. Plaintiff's brief addressing timeliness and the Court's authority to modify the permanent injunction entered in this case is due on or before 7/15/2025; any reply as to those issues is due on or before 7/22/2025. Rule to show cause hearing set for 7/29/2025 at 9:30 a.m. The rule to show cause concerns the plaintiff's investigation prior to seeking electronic service of process. Mailed notice. |
|
117 |
July 15, 2025 |
RESPONSE by Plaintiff OUYEINC LTD. to motion for reconsideration 113, order on motion for reconsideration, motion hearing, set motion and R&R deadlines/hearings, set/reset hearings, 116 Plaintiff's Brief as to Timeliness and the Court's Authority to Modify Permanent Injunctive Relief |
|
118 |
July 17, 2025 |
MOTION by Defendant garnisells to file instanter (Exhibit Combined Reply) |
|
119 |
July 21, 2025 |
NOTICE of Motion by Benjamin C.R. Lockyer for presentment of motion to file instanter 118 before Honorable Jeremy C. Daniel on 7/29/2025 at 09:30 AM. |
|
120 |
July 22, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: The defendant's motion for leave to file instanter 118 is granted. Mailed notice. |
|
121 |
July 22, 2025 |
REPLY by Defendant garnisells to response in opposition to motion, 110, notice of motion 119, response in opposition to motion, 109 |
|
122 |
July 22, 2025 |
REPLY by Defendant itsyours4keeps to Response, 117 |
|
123 |
July 28, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: The show cause hearing set 7/29/2025 is reset to 7/31/2025 at 9:30 a.m. Mailed notice. |
|
124 |
July 28, 2025 |
RESPONSE to Order to Show Cause to order on motion for reconsideration, motion hearing, set motion and R&R deadlines/hearings, set/reset hearings, 116, terminate hearings, set/reset hearings 123 Declaration of Rongji Ge Declaration of Ilya Zlatkin Exhibit 1 to Zlatkin Declaration (Archived eBay Terms of Service) (Exhibit 2 to Zlatkin Declaration (Current Screenshots of Storefronts)) |
|
125 |
July 29, 2025 |
TRANSCRIPT OF PROCEEDINGS held on 07-10-2025 before the Honorable Jeremy C. Daniel. Order Number: 52419. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/19/2025. Redacted Transcript Deadline set for 8/29/2025. Release of Transcript Restriction set for 10/27/2025. |
|
126 |
July 31, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: Show case hearing held. Court will rule by mail. Mailed notice. |
|
127 |
Aug. 25, 2025 |
LETTER from Maireny Montilla (Defendant clothesforangels) dated 8/6/2025. (Received by mail in the Clerk's Office on 8/25/2025) |
|
128 |
Sept. 8, 2025 |
TRANSCRIPT OF PROCEEDINGS held on 07-31-2025 before the Honorable Jeremy C. Daniel. Order Number: 52615. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/29/2025. Redacted Transcript Deadline set for 10/9/2025. Release of Transcript Restriction set for 12/8/2025. |
|
129 |
Sept. 18, 2025 |
SATISFACTION of Judgment solely as to Defendant No. 72 (bargain-88) |
|
130 |
Sept. 19, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 3, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice. |
|
131 |
Sept. 24, 2025 |
NOTICE by Joybuy, Joybuy Express NOTICE IN RESPONSE TO THE COURTS MINUTE ENTRY NO. 130 |
|
132 |
Oct. 8, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: On or before October 16, 2025, the parties shall file any evidence, including declarations or affidavits, they have concerning whether defendants Ara Dermarderosian (garnisells), Maireny Montilla (clothesforangels), or Michelle Padilla (Itsyours4keeps) shipped any of the accused products to Illinois. The Court will hold an evidentiary hearing concerning personal jurisdiction October 22, 2025, at 9:45 a.m. Mailed notice. |
|
133 |
Oct. 16, 2025 |
AFFIDAVIT of Michelle Padilla regarding set/reset hearings, [132] Stmnt on Sales of Accused Product and Presentation of Ebay Sales Records |
|
134 |
Oct. 16, 2025 |
AFFIDAVIT of Ara Demarderosian regarding set/reset hearings, [132] Stmnt on Sales of Accused Product and Presentation of Ebay Sales Records |
|
135 |
Oct. 16, 2025 |
DECLARATION of Ilya G. Zlatkin regarding set/reset hearings, [132] Declaration of Ilya G. Zlatkin regarding evidence pertaining to personal jurisdiction |
|
136 |
Oct. 22, 2025 |
MINUTE entry before the Honorable Jeremy C. Daniel: Hearing on personal jurisdiction held. Defendant garnisells' motion to vacate default judgment and preliminary injunction [101] is granted. Defendants garnisells' motion for sanctions under Rule 11 and to find this case exceptional [102] is denied. Defendant itsyours4keeps' motion for reconsideration [113] is granted. The Court finds that the judgment is void under Fed. R. Civ. P. 60(b)(4) and relieves defendants garnisells, itsyours4keeps, and clothesforangels from final judgment and from all other orders entered in this case. The plaintiff shall return all money recovered from garnisells, itsyours4keeps, and clothesforangels, notify any third-parties who received notice of the Court's prior orders that this Court has vacated those orders as to these defendants, and shall facilitate the return of the defendants' webstores to the defendants. The deadline to comply with this order is November 7, 2025. Mailed notice. |
|
137 |
Oct. 22, 2025 |
ORDER: Defendant garnisells' motion to vacate default judgment and preliminary injunction [101] is granted. Defendants garnisells' motion for sanctions under Rule 11 and to find this case exceptional [102] is denied. Defendant itsyours4keeps' motion forreconsideration [113] is granted. The Court finds that the judgment is void under Fed. R. Civ. P. 60(b)(4) and relieves defendants garnisells, itsyours4keeps, andclothesforangels from final judgment and from all other orders entered in this case. The plaintiff shall return all money recovered from garnisells, itsyours4keeps, and clothesforangels, notify any third-parties who received notice of the Court's prior orders that this Court has vacated those orders as to these defendants, and shall facilitate the return of the defendants' webstores to the defendants. The deadline to comply with this order is November 7, 2025. Signed by the Honorable Jeremy C. Daniel on 10/22/2025. Mailed notice. |