2023-cv-03417

COMPLAINT filed by Kayomi Harai; Filing fee $ 402, receipt number AILNDC-20689179.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Kayomi Harai Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Kayomi Harai by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Kayomi Harai by Yanling Jiang

ATTORNEY Appearance for Plaintiff Kayomi Harai by Yi Bu

ATTORNEY Appearance for Plaintiff Kayomi Harai by Adam Grodman

ATTORNEY Appearance for Plaintiff Kayomi Harai by Cameron Eugene Mcintyre

CASE ASSIGNED to the Honorable John F. Kness. 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 Kayomi Harai for leave to file under seal

MOTION by Plaintiff Kayomi Harai for leave to file excess pages

MEMORANDUM in support 11 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4 of Keith A. Vogt's declaration

Declaration of Kayomi Harai

(Exhibit 1, of Kayomi Harai's declaration)

SEALED EXHIBIT by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding memorandum in support of motion, 12

Exhibit 2-1

Exhibit 2-2

(Exhibit 2-3)

MAILED copyright report to Registrar, Washington DC. (jk2,)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 9, motion for leave to file excess pages 10, and ex parte motion for a temporary restraining order 11 are granted in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 11, and 13. The accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. 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, but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity 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 appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 7/5/2023. Mailed notice.

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

SURETY BOND in the amount of $ 10,000.00 posted by Kayomi Harai. (Document not imaged)

MOTION by Plaintiff Kayomi Harai for preliminary injunction

MEMORANDUM by Kayomi Harai in support of motion for preliminary injunction 18

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Kayomi Harai as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/12/2023, answer due 8/2/2023.

(Declaration of Service)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 18 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by 7/26/2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). To the extent this extension exceeds the maximum duration for a TRO under FRCP 65(b), the extension will become "in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Plaintiff Kayomi Harai regarding text entry, 21

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MOTION by Plaintiff Kayomi Harai for default judgment as to The Defendants Identified In First Amended Schedule A

MEMORANDUM by Kayomi Harai in support of motion for default judgment 24

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 24 for entry of default and default judgment against all Defendants. All remaining Defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 8/14/2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice

CERTIFICATE of Service by Plaintiff Kayomi Harai regarding text entry, 26

ORDER Signed by the Honorable John F. Kness on 8/16/2023. Plaintiff's motion for entry of default judgment 24 is granted. Enter Final Judgment Order. Civil case terminated. Mailed notice Modified on 8/16/2023.

FINAL JUDGMENT ORDER: The ten-thousand-dollar ($10,000) surety bond posted by Harai is hereby released to Harai or its counsel, Keith Vogt, Ltd., The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 via certified mail. Signed by the Honorable John F. Kness on 8/16/2023. Mailed notice Modified on 8/16/2023.

MAILED the surety bond previously deposited with the Clerk of the Court to Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 via certified mail, Article Number 7022 3330 0001 8849 5001.

SATISFACTION of Judgment as to [Certain] defendants

RETURN of Service of USPS Certified Mail returned executed on 8/24/2023 as to Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604 certified mail, Article Number 7022 3330 0001 8849 5001.

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 19 liwanxin and no. 7 Better Selection

SATISFACTION of Judgment as to Defendant no. 31 lilinaa and no. 76 zhenkeshop

SATISFACTION of Judgment as to Defendant no. 83 GearUp Electronics

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants