2024-cv-02987

COMPLAINT filed by Unicolors, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21852663.

SEALED DOCUMENT by Plaintiff Unicolors, Inc. -- (Unredacted) Complaint

Exhibit A to Complaint

(Exhibit B to Complaint)

SEALED DOCUMENT by Plaintiff Unicolors, Inc. -- Schedule A to Complaint

CIVIL Cover Sheet

MAILED Copyright Request letter to counsel of record.

ATTORNEY Appearance for Plaintiff Unicolors, Inc. by Mackenzie Paladino

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). (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.)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Unicolors, Inc.

SEALED MOTION by Plaintiff Unicolors, Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-mail and/or Electronic Publication

Memorandum in Support of Motion

Declaration of Nader Pazirandeh

Declaration of Mackenzie Paladino

(Exhibit 1 to Declaration of Mackenzie Paladino)

ENTERED IN ERROR.

MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, plaintiff has until and including 5/1/2024 to show cause why joinder of defendants is proper. Mailed notice

ORDER Signed by the Honorable Joan B. Gottschall on 4/24/2024.Mailed notice

Letter to Clerk of Court re Additional Copyright Information by Unicolors, Inc.

SEALED DOCUMENT by Plaintiff Unicolors, Inc. -- Plaintiff's Supplemental Memorandum Establishing Joinder Is Proper

Declaration of Mackenzie Paladino

(Exhibit 1 to Declaration of Mackenzie Paladino)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 14 for leave to file under seal its brief 15 in support of joinder is granted. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order. Consistent with the memorandum opinion and order, plaintiff has seven days until and including 5/22/2024 to amend the live complaint to eliminate all improperly joined defendants. Mailed notice

MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 5/15/2024.Mailed notice

First AMENDED complaint by Unicolors, Inc. against The Partnerships and Unincorporated Associations Identified in Schedule A

SEALED DOCUMENT by Plaintiff Unicolors, Inc. -- (Unredacted) First Amended Complaint

Exhibit A to First Amended Complaint

Exhibit B to First Amended Complaint

(Schedule A to First Amended Complaint)

SEALED MOTION by Plaintiff Unicolors, Inc. for Temporary Restraining Order, including a Temporary Injunction, Alternative Service, a Temporary Asset Restraint, and Expedited Discovery

Memorandum in Support of Motion

Declaration of Nader Pazirandeh

Declaration of Mackenzie Paladino

(Exhibit 1 to Declaration of Mackenzie Paladino)

MINUTE entry before the Honorable Joan B. Gottschall: Enter order denying plaintiff's ex parte motion 22 for a temporary restraining order. Plaintiff is instructed to file a status report on or before 6/11/2024 informing the court of how it intends to proceed. Mailed notice

ORDER Signed by the Honorable Joan B. Gottschall on 6/4/2024.Mailed notice

SEALED MOTION by Plaintiff Unicolors, Inc. -- Status Report and Motion for Leave to File Second Amended Complaint

Exhibit A

(Exhibit B)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 26 for leave to file a second amended complaint under seal 25 is granted.Mailed notice

SEALED DOCUMENT by Plaintiff Unicolors, Inc. -- Second Amended Complaint

Exhibit A to Second Amended Complaint

Exhibit B to Second Amended Complaint

(Schedule A to Second Amended Complaint)

SEALED MOTION by Plaintiff Unicolors, Inc. for Temporary Restraining Order, including a Temporary Injunction, Alternative Service, a Temporary Asset Restraint, and Expedited Discovery

Memorandum in Support of Motion

Declaration of Nader Pazirandeh

Declaration of Mackenzie Paladino

(Exhibit 1 to Declaration of Mackenzie Paladino)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's renewed motion for entry of a sealed temporary restraining order 29 is granted with the exception of plaintiff's motion under Fed. R. Civ. P. 4(f)(3) for leave to serve the summons and complaint by electronic means, which motion is denied without prejudice as premature. Plaintiff neither cites nor attempts to distinguish this court's holding in Luxottica Grp. S.p.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 391 F. Supp. 3d 816, 82128 (N.D. Ill. 2019), that a plaintiff must demonstrate reasonable diligence in determining an international defendant's mailing address before the court can find that the Hague Convention does not apply and authorize service by electronic means. See Luxottica, 391 F. Supp. 3d at 82224. Plaintiff may renew its motion after third-party providers of services to defendants answer plaintiff's discovery requests, and plaintiff has conducted a reasonably diligent investigation of any mailing addresses disclosed. Enter sealed temporary restraining order. Consistent with the court's ruling, paragraph seven of plaintiff's proposed form of temporary restraining order has been revised to eliminate references to Rule 4(f)(3). The court will be closed Friday, July 5, 2024. A preliminary injunction hearing to be held by teleconference is tentatively set for 7/3/2024 at 10:00 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing in the manner specified in the temporary restraining order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 6/21/2024. Mailed notice

REGISTRY DEPOSIT INFORMATION FORM by Unicolors, Inc.

BOND in the amount of $ 1,000 check, Receipt No.100007662, posted by Unicolors, Inc. (Text entry; no document attached.)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 33 for an extension to and including 7/19/2024 of the temporary restraining order is granted. Enter order. The preliminary injunction hearing tentatively set for 7/3/2024 is stricken and reset to 7/19/2024 at 10:30 a.m. Any motion for preliminary injunction must be filed on or before 7/14/2024. Unless a hearing is requested by 10:30 a.m. on 7/17/24, the court will rule on the papers. A hearing may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and counsel of record. Plaintiff must serve this order in the manner specified in the temporary restraining order. Mailed notice

ORDER ON PLAINTIFF'S MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 7/2/2024.Mailed notice

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

ATTORNEY Appearance for Plaintiff Unicolors, Inc. by Trevor William Barrett

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 37 for a second 14 day extension of the temporary restraining order is denied because the court extended 35 the temporary restraining order by 14 days on July 2, 2024, and Federal Rule of Civil Procedure 65(b)(2) does not permit a second 14 day extension. Mailed notice.

MINUTE entry before the Honorable Joan B. Gottschall: All pending motions for leave to file certain documents under seal (Doc. Nos. 8, 21, 25) are granted. Plaintiff's original motion 9 for temporary restraining order is denied as moot because plaintiff subsequently amended its complaint, and a temporary restraining order was entered 21 on 6/21/2024. Mailed notice.

MOTION by Plaintiff Unicolors, Inc. for preliminary injunction

Memorandum in Support of Motion

Declaration of Pazirandeh

Declaration of Barrett

Exhibit 1

Exhibit 2

(Exhibit 3)

ATTORNEY Appearance for Defendant SHEWIN Flagship Shops by Shengmao Mu

ATTORNEY Appearance for Defendant SHEWIN Flagship Shops by Abby Marie Neu

MINUTE entry before the Honorable Joan B. Gottschall: Defendant is instructed to file a Local Rule 3.2 notice of affiliates as soon as possible and in any event by 10:30 a.m. on 7/17/2024. Mailed notice

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SHEWIN Flagship Shops

SUMMONS Returned Executed by Unicolors, Inc. as to SHEWIN Flagship Shops on 7/16/2024, answer due 8/6/2024.

MINUTE entry before the Honorable Joan B. Gottschall: The court having received no response or request for a hearing by the deadline 34 of 7/17/2024, the preliminary injunction hearing set for 7/19/2022 is stricken. Plaintiff's motion for preliminary injunction 41 is granted. Enter preliminary injunction order. In accordance with the order, the clerk is instructed to unseal all previously sealed documents. Plaintiff is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 8/6/2024.Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 7/18/2024.Mailed notice

MOTION by Defendant SHEWIN Flagship Shops for extension of time to file answer or otherwise respond to Plaintiff's First Amended Complaint

MINUTE entry before the Honorable Joan B. Gottschall: In accordance with Article I of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, plaintiff has demonstrated that after a reasonably diligent inquiry, defendant's address could not be determined. See Decl. of T. Barrett ¶¶ 9-11, ECF No. 40-2; Mem. Supp. Mot. Leave for Alt. Service 9-10, ECF No. 40-1. Accordingly, plaintiff's motion 40 for leave to serve the summons and complaint by alternative means is granted. The Clerk is instructed to issue a single original summons naming defendant in the name of "SHEWIN Flagship Shops." Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion 49 for an extension to and including 9/5/2024 of its deadline to answer or otherwise respond to the operative complaint is granted. The deadline of 8/6/2024 to file a status report is stricken. The next status report is due on or before 9/12/2024. Mailed notice

ATTORNEY Appearance for Defendant SHEWIN Flagship Shops by Keaton David Smith

MOTION by Defendant SHEWIN Flagship Shops for extension of time to file answer or otherwise respond to Plaintiff's Second Amended Complaint

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's second unopposed motion 53 to extend its deadline to answer or otherwise respond to the operative complaint is granted. Defendant has until and including 9/19/2024 to answer or otherwise respond to the operative complaint. The deadline of 9/12/2024 to file a status report is stricken. The next status report is due on or before 9/26/2024. Mailed notice

STATUS Report by Unicolors, Inc.

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports 55 that it is in active settlement discussions with appearing defendant. Defendant's answer deadline 54 of 09/19/2024 stands. The next status report is due on or before 10/03/2024. Mailed notice

MOTION by Defendant SHEWIN Flagship Shopsmotion to dismiss for lack of personal jurisdiction under Rule 12(b)(2) and motion to vacate/modify the preliminary injunction order under Rule 65

MEMORANDUM motion for miscellaneous relief[57] by SHEWIN Flagship Shops

Exhibit 5

Declaration Xue

SEALED DOCUMENT by Defendant SHEWIN Flagship Shops Declaration of Kevin T. McElroy

MOTION by Defendant SHEWIN Flagship Shops for leave to file Declaration of Kevin T. McElroy under seal

MOTION by Defendant SHEWIN Flagship Shops for leave to file excess pages

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion 61 for leave to exceed the Local Rule 7.1 page limit is granted. Defendant's memorandum 58 of law in support of its motion to dismiss and to dissolve the preliminary injunction is deemed filed with leave of court. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: The justification plaintiff has given 60 for sealing the declaration 59 of KEVIN T. MCELROY consists of a single sentence: "This document contains proprietary and confidential business information, disclosure of which will unfairly prejudice Defendant." Seventh Circuit case law requires the court to make an independent determination that good cause to seal exists based on a sufficient record. See generally Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544, 54648 (7th Cir. 2002); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 94446 (7th Cir. 1999). Plaintiff's conclusory assertion does not demonstrate good cause because it does not specify whether the material sought to be sealed qualifies as a trade secret or is protected by a legally recognized privilege, whether common law or statutory. Furthermore, where sealing is justified, Seventh Circuit law requires redaction of the sealed material to the maximum feasible extent. See id. at 945. Because defendant has not demonstrated good cause, its motion 60 to seal is denied without prejudice. Defendant may refile its motion to seal on or before 09/26/2024. The clerk is instructed to maintain the McElroy declaration 59 under seal until and including 09/26/2024. If defendant timely refiles its motion to seal, the declaration 59 will remain sealed until the court decides the renewed motion to seal.Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Counsel are instructed to confer regarding defendant's motion 57 to dissolve the preliminary injunction and to dismiss for lack of personal jurisdiction and propose a joint plan for resolution of the motion. The parties' proposed plan is due by noon on 09/23/2024. Mailed notice

Plan for Resolution of Motion to Dissolve PI [57] by SHEWIN Flagship Shops

MINUTE entry before the Honorable Joan B. Gottschall: Appearing defendant represents [65] that one of its attorneys "reached out" to plaintiff on 09/20/2024 but received no response. As defendant proposes [65], any response to its motion [57] to dissolve the preliminary injunction is due by and including 10/03/2024, and any reply is due by and including 10/10/2024. Mailed notice

MOTION by Defendant SHEWIN Flagship Shops for leave to file certain document under seal

SEALED DOCUMENT by Defendant SHEWIN Flagship Shops Declaration of Kevin T. McElroy

MOTION by Plaintiff Unicolors, Inc. for leave to file excess pages

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 69 for leave to file a brief in excess of the 15-page limit set by Local Rule 7.1 is denied without prejudice as premature. Plaintiff does not provide a copy of its proposed response brief and does not indicate in its motion the length of its anticipated response brief. Plaintiff may renew its motion provided that it must attach a copy of its proposed response brief.Defendant's renewed 67 motion for leave to file the declaration of Kevin McElroy under seal is granted in part. Defendant represents that McElroy's declaration sets out "business operation cost such as pricing of goods, supplier cost, shipping cost, advertisement cost, and discount, which qualify as trade secret[s]." Based on those representations, defendant is instructed to redact narrowly the business operation cost information qualifying for trade secret protection and file a redacted version of McElroy's declaration on the public docket by and including 10/04/2024. Mailed notice

MOTION by Plaintiff Unicolors, Inc. for leave to file excess pages

Exhibit 1

STATUS Report -- Amended Status Report by Unicolors, Inc.

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion [71] for leave to file its 22-page response in opposition to defendant's pending motion to dismiss and dissolve preliminary injunction is granted. Plaintiff is instructed to file its response memorandum [71-1] as a separate entry on the docket on or before 10/03/2024. Mailed notice

MOTION by Defendant SHEWIN Flagship Shops to quash Plaintiff's subpoena served on Amazon.com Inc. related to jurisdictional discovery

Exhibit 1

MINUTE entry before the Honorable Joan B. Gottschall: Defendant has filed an emergency motion [74] to quash a third-party subpoena on the grounds that (1) the subpoena exceeds the scope of discovery authorized by the preliminary injunction and (2) the subpoena seeks production of appearing defendant's trade secrets. Based on the arguments made in defendant's motion, the subpoena in question is administratively stayed pending resolution of defendant's motion to quash. Plaintiff's response to defendant's motion [74] to quash is due by noon on 10/07/2024, and any reply is due on or before 10/09/2024. Mailed notice

MEMORANDUM by Unicolors, Inc. in Opposition to motion for miscellaneous relief[57]

DECLARATION of Nader Pazirandeh regarding memorandum in opposition to motion[76] -- Declaration of Nader Pazirandeh in Support of Plaintiff's Opposition to Motion to Dissolve or Modify the Preliminary Injunction and Motion to Dismiss

Exhibit 1 to Declaration of Nader Pazirandeh

Exhibit 2 to Declaration of Nader Pazirandeh

DECLARATION of Trevor W. Barrett regarding memorandum in opposition to motion[76] -- Declaration of Trevor W. Barrett in Support of Plaintiff's Opposition to Motion to Dissolve or Modify the Preliminary Injunction and Motion to Dismiss

Exhibit 3 to Declaration of Trevor W. Barrett

Exhibit 4 to Declaration of Trevor W. Barrett

Exhibit 5 to Declaration of Trevor W. Barrett

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports [72] that settlement efforts are ongoing, but plaintiff and appearing defendant remain at issue. Once the pending motion to dissolve the preliminary injunction and to dismiss has been fully briefed, the motion will be taken under advisement. A further status deadline will be set, if necessary, with the court's ruling. Mailed notice

DECLARATION of Kevin T. McElroy regarding motion for miscellaneous relief 57

MEMORANDUM by Unicolors, Inc. in Opposition to motion to quash 74

DECLARATION of Trevor W. Barrett regarding memorandum in opposition to motion 81 -- Declaration of Trevor W. Barrett in Support of Plaintiff's Opposition to Motion to Quash Subpoena

Exhibit 1 to Declaration of Trevor W. Barrett

Exhibit 2 to Declaration of Trevor W. Barrett

(Exhibit 3 to Declaration of Trevor W. Barrett)

REPLY by SHEWIN Flagship Shops to memorandum in opposition to motion[81]

REPLY by Defendant SHEWIN Flagship Shops to motion for miscellaneous relief 57, memorandum in opposition to motion 76

(Declaration Mu)

MINUTE entry before the Honorable Joan B. Gottschall: Enter memorandum opinion and order. In accordance with the memorandum opinion and order, defendant's motion 74 to quash the subpoena dated 09/24/2024 is denied. Defendant's motion 57 to dissolve the preliminary injunction and to dismiss the second amended complaint for lack of personal jurisdiction is granted. As stated in the memorandum opinion and order, the order dissolving the preliminary injunction is stayed until and including 10/31/2024. If a motion to stay pending appeal has not been filed by that date, the preliminary injunction 48 dated 07/18/2024 will be dissolved effective 11/01/2024. Mailed notice

MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 10/24/2024. Mailed notice

OBJECTIONS to Plaintiff's Ex Parte MOTION TO STAY DISMISSAL AND DISSOLUTION OF PRELIMINARY INJUNCTION TO ALLOW FOR FILING OF BRIEF MOTION FOR RECONSIDERATION

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Joan B. Gottschall: Several of defendant's objections 88 to plaintiff's ex parte motion 87 for a 14-day stay of the order of dissolution are well taken. First, plaintiff did not comply with Local Rule 5.5(d) and file an affidavit explaining why proceeding without notice is necessary. This point is moot, however, because the CM/ECF system automatically notified defendant of plaintiff's motion when plaintiff filed it. In addition, plaintiff cites no legal authority in the instant motion. See Fed. R. Civ. P. 7(b)(1)(B). And plaintiff's argument that continuing the asset freeze for 14 days will not prejudice defendant ignores defendant's contentions in prior briefing (renewed forcefully in its objections 88) that the asset freeze is vastly overbroad, freezing more than $6 million in defendant's assets even though sales of infringing products account for approximately $38,000 in gross revenue (the court implies no findings on the correctness of these figures). See Mem. Supp. Mot. to Dissolve 78, ECF No. 58; Decl. of Kevin McElroy ¶¶ 15, 20, ECF No. 59. Despite the serious problems with the instant motion, plaintiff represents that over the past seven days, one of its attorneys received a COVID-19 diagnosis and that the law firm representing plaintiff has also experienced a "confluence" of unexpected staffing difficulties described more fully in the motion. Mem. Supp. Ex Parte Mot. to Stay Dismissal 1, ECF No. 87-1. Based on these representations and in view of the ongoing serious harm defendant alleges the preliminary injunction is inflicting, good cause exists for only a short extension of plaintiff's deadline to move to stay the order of dissolution 86 dated 10/24/2024. See Fed. R. Civ. P. 6(b)(1)(A). Plaintiff's motion 87 to extend the stay of the dissolution order is therefore granted to and including 11/08/2024. Plaintiff's motion for reconsideration or motion for stay pending appeal is due by and including 11/07/2024. Defendant's response is due by and including 11/12/2024. Mailed notice

MOTION by Plaintiff Unicolors, Inc. for reconsideration regarding memorandum opinion and order[86]

MEMORANDUM by Unicolors, Inc. in support of motion for reconsideration[90]

DECLARATION of Trevor W. Barrett regarding motion for reconsideration[90]

Exhibit 1 to Declaration of Trevor W. Barrett

Exhibit 2 to Declaration of Trevor W. Barrett

Exhibit 3 to Declaration of Trevor W. Barrett

Exhibit 4 to Declaration of Trevor W. Barrett

Exhibit 5 to Declaration of Trevor W. Barrett

MINUTE entry before the Honorable Joan B. Gottschall: In its memorandum of law in support of its motion to reconsider 91, plaintiff does not take issue with the court's decision to dismiss the original complaint for lack of personal jurisdiction. Instead, based on the declaration dated 11/07/2024 of Trevor W. Barrett 92 and the accompanying exhibits, it appears that after the court dismissed the original complaint, plaintiff obtained evidence that one or more allegedly infringing products was purchased from defendant's Amazon.com store and delivered to an Illinois address on 10/31/2024. In light of this evidence, plaintiff's motion for reconsideration 90 is granted insofar as plaintiff seeks leave to amend its complaint to supplement its personal jurisdiction allegations. See Fed. R. Civ. P. 15(a)(2). The court implies nothing about the sufficiency of any amended complaint or of the evidence 92 submitted in support of plaintiff's motion 90 to reconsider. The preliminary injunction 48, including the asset freeze, remains in effect until further order of court. The parties are ordered to file a joint status report on or before 11/13/2024. The joint status report must propose a deadline for defendant to answer or move to dismiss the amended complaint and an agreed schedule for briefing any motion to dismiss. The parties must also propose a schedule for briefing defendant's alternative arguments for dissolving the preliminary injunction not reached in the memorandum opinion and order 86 dated October 24, 2024. The outstanding issues include plaintiff's likelihood of success on the merits and defendant's contention that the asset freeze is overly broad. In addition, in view of defendant Shewin's representations concerning the amount of the assets frozen in its Amazon account as a result of this litigation, the court feels compelled to revisit the amount of the bond posted by plaintiff. Within 5 days (by and including November 13), Shewin may present evidence documenting the amount of the asset freeze. Within 5 days thereafter (by and including November 18), plaintiff Unicolors should inform the court of any reason why the bond should not be increased to equal the amount of the asset freeze.Motion for reconsideration 90 is granted. Status Report due by 11/13/2024.Mailed notice

STATUS Report -- Joint Status Report by Unicolors, Inc.

DECLARATION of Shengmao Mu regarding order on motion for reconsideration, set deadlines, 93

(Exhibit A)

MINUTE entry before the Honorable Joan B. Gottschall: The parties' proposed schedule [94] is adopted. Plaintiff's amended complaint is due by and including 12/23/2024. Defendant has until and including 01/06/2025 to answer or otherwise respond to the amended complaint. If defendant moves to dismiss the amended complaint, plaintiff's response will be due by and including 01/27/2025, and defendant's reply, if any, will be due by and including 02/03/2025. The parties' request for oral argument following briefing on defendant's anticipated motion to dismiss the amended complaint is denied without prejudice as premature. The parties may renew their request for oral argument in their briefing on any motion to dismiss. Counsel are referred to Part V of this court's Civil Procedures, available from the court's official website, for instructions on requesting oral argument. Mailed notice

MEMORANDUM order on motion for reconsideration, set deadlines, [93] by Unicolors, Inc. -- Memorandum of Law Opposing Any Increase to Unicolors' Bond

RESPONSE by Defendant SHEWIN Flagship Shops to memorandum 97

MINUTE entry before the Honorable Joan B. Gottschall: Enter order regarding the parties' memoranda on increasing the preliminary injunction bond. In accordance with the order, defendant's request to increase the preliminary injunction bond is denied. If it wishes to do so, defendant remains free to file a motion to increase the preliminary injunction bond so long as any such motion is supported by competent and admissible evidence. Mailed notice

ORDER Signed by the Honorable Joan B. Gottschall on 11/26/2024.Mailed notice

STATUS Report by SHEWIN Flagship Shops

Declaration Mu

Exhibit 1

MINUTE entry before the Honorable Joan B. Gottschall: In its status report 101 filed 12/04/2024, defendant asked the court to rule without further briefing on arguments not reached in the memorandum opinion and order of 10/24/2024. Because defendant wishes to stand on its briefing, plaintiff is given until and including 12/13/2024 to tell the court whether it also wishes to stand on its briefing. Mailed notice

Notice to the Court re Dkt. No. 102 STATEMENT by Unicolors, Inc.

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's request 103 for leave to file a further brief is granted. Plaintiff's supplemental brief is due by and including 12/27/2024, and defendant's response is due by and including 01/03/2025. Mailed notice

THIRD AMENDED complaint by Unicolors, Inc. against The Partnerships and Unincorporated Associations Identified in Schedule A

Exhibit Schedule A

Exhibit Designs

Exhibit Infringements

Exhibit Receipt

(Exhibit Amazon Sales)

SUR-REPLY by Plaintiff Unicolors, Inc. to motion for miscellaneous relief 57

DECLARATION of Trevor W. Barrett regarding sur-reply 106

Exhibit 6

Exhibit 7

(Exhibit 8)

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's third amended complaint 105 is stricken from the record because plaintiff did not seek leave of court before filing it, and the record does not demonstrate that defendant consented in writing to the filing of plaintiff's third amended complaint. See Fed. R. Civ. P. 15(a)(2). Mailed notice

REPLY by Defendant SHEWIN Flagship Shops to sur-reply[106]

DECLARATION of JIEBO XUE regarding reply[110]

Exhibit 1

DECLARATION of Kevin T. McElroy regarding reply[110]

SEALED DOCUMENT by Defendant SHEWIN Flagship Shops Kevin T. McElroy Unredacted

MOTION by Defendant SHEWIN Flagship Shops to seal

MOTION by Defendant SHEWIN Flagship Shops for extension of time to file a response to SAC

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion to seal 114 the supplemental declaration of Kevin T. McElroy 113 is granted based on defendant's good faith claim of trade secret protection.The minute order 109 dated 12/31/2024 striking plaintiff's third amended complaint is vacated in light of the agreed schedule 96 adopted 11/18/2024, authorizing plaintiff to file an amended complaint. For avoidance of doubt, plaintiff's third amended complaint 105 is reinstated and is plaintiff's live complaint. Defendant's motion 115 for an extension of its deadline to answer or otherwise respond to the live, third amended complaint is granted to and including 01/21/2025. If defendant moves to dismiss the third amended complaint, plaintiff's response will be due by and including 02/11/2025, and defendant's reply, if any, will be due by and including 02/25/2025. Mailed notice

STIPULATION with [Proposed] Order Modifying Preliminary Injunction Order as to Defendant Shewin Flagship Shops

MINUTE entry before the Honorable Joan B. Gottschall: The parties' stipulation [117] to modify the preliminary injunction is approved. Consistent with the parties' stipulation, counsel are instructed to email a proposed amended preliminary injunction, in PDF and Microsoft Word formats, to Proposed_Order_Gottschall@ilnd.uscourts.gov on or before 01/21/2025. Counsel must also attach a redline comparing the preliminary injunction [48] dated 07/18/2024 with their proposed amended preliminary injunction. Mailed notice

MOTION by Defendant SHEWIN Flagship Shops for extension of time to file answer regarding amended complaint, 105 Unopposed

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion [119] for an extension to and including 02/20/2025 of its deadline to answer or otherwise respond to the third amended complaint [105] is granted. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Enter amended preliminary injunction superseding the preliminary injunction 48 dated 07/18/2024. In accordance with the parties' stipulation, paragraph 6(b) of the amended preliminary injunction caps the amount of defendant's frozen assets at $5 million. Mailed notice

AMENDED PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 1/22/2025. Mailed notice

MOTION by Defendant SHEWIN Flagship Shops for extension of time Unopposed for Second Extension to Answer or Otherwise Respond to Plaintiff's Third Amended Complaint

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion 123 for an extension to and including 03/24/2025 of its deadline to answer or otherwise respond to the third amended complaint is granted. The court expects to rule promptly, and in any event by defendant's extended answer deadline, on the pending portion of defendant's motion to vacate the preliminary injunction. Mailed notice

ANSWER to Complaint with Jury Demand by SHEWIN Flagship Shops

MINUTE entry before the Honorable Joan B. Gottschall: The images in defendant's memorandum of law 58 in support of its pending motion 57 to dissolve the amended preliminary injunction, as well as the other images in the record, do not provide sufficient detail for the court meaningfully to assess the alleged similarities and differences between plaintiff's copyrighted designs and defendant's accused designs. The parties are therefore instructed to confer and send the court physical samples of fabrics or articles of clothing bearing plaintiff's copyrighted designs and the accused designs. Counsel should agree on the samples to be considered by the court, as well as how to label and identify them for purposes of the record. Each sample should be clearly marked and labelled in a manner that differentiates plaintiff's and defendant's designs. The samples should be delivered to chambers at 219 S. Dearborn, Suite 2502, Chicago, Illinois 60604. Before sending samples, counsel must first confer with the courtroom deputy (312-435-5641) to coordinate delivery logistics. The samples must be delivered, and an exhibit list must be filed on the docket, within one week, on or before April 14, 2025. Mailed notice

STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE

Exhibit List by Unicolors, Inc.

MINUTE entry before the Honorable Joan B. Gottschall: As stipulated by the parties 127, the deadline set in the order dated April 8, 2025, to submit physical samples is extended to and including April 28, 2025. Mailed notice

Joint Exhibit List by SHEWIN Flagship Shops and Unicolors

EXHIBIT by Plaintiff Unicolors, Inc. regarding [128] (Document not scanned) (Received for docketing 06/12/25).

EXHIBIT by Defendant SHEWIN Flagship Shops (Document not scanned) (Received for docketing 06/12/25).

MINUTE entry before the Honorable Joan B. Gottschall: The parties have filed physical samples in support of, and in opposition to, defendant's motion 57 to dissolve the preliminary injunction in this copyright infringement suit. Plaintiff has provided samples of four floral fabric patterns, each in a variety of colors. Defendant has provided two garments. Each is made of a fabric imprinted with a floral pattern, though the two patterns are slightly different. The court has no botany training. The flowers in the samples and garments appear to be realistic renderings of a primrose (all have five petals, though some flowers are depicted from angles that make it difficult to count their petals). To analyze copyright infringement, the court must apply a test under which the "design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic, or sculptural workeither on its own or fixed in some other tangible medium of expressionif it were imagined separately from the useful article into which it is incorporated." Star Athletica, L.L.C. v. Varsity Brands, Inc., 580 U.S. 405, 409 (2017). Since plaintiff's design samples outnumber defendant's garments two to one, the court cannot apply this test without knowing which samples plaintiff claims are being infringed. In its surreply 106, filed before the samples and garments were submitted, plaintiff provided an annotated image showing the aspects of its design it claims would be subject to copyright protection as a separate graphical or pictorial work. ECF No. 106 at 8. It is unclear to which, if any, of plaintiff's design samples the annotated image in plaintiff's surreply corresponds. Moreover, as plaintiff acknowledges, to show a likelihood of success it must "prove substantial similarity of the 'aspects of the work that are expression not required by the idea.'" Surreply 3 (quoting Wildlife Ex. Corp. v. Carol Wright Sales, Inc., 18 F.3d 502, 508 (7th Cir. 1994)). Having reviewed the images in the briefing, e.g., ECF No. 106 at 8; ECF No. [41-1] at 12, as well as the physical samples, the idea in question appears to be a primrose, a naturally occurring object, rendered in a realistic manner. Plaintiff must therefore specify what aspects of its allegedly copyrightable designs it is claiming are not required by the idea of a primrose. See, e.g., https://www.etsy.com/listing/918858099/sale-exclusive-liberty-tana-lawn?ref=search2_top_narrowing_intent_modules_top_rated-3&sts=1&logging_key=f5ab0487290c5fdbf098a95cd15d382927d11dfb% 3A918858099. Plaintiff has seven days, until and including May 19, 2025, to tell the court: (1) which of its design samples it alleges depict the copyrighted work that is the subject of its infringement claim; and (2) what specific aspects of its designs it claims are not required by the idea of a primrose. Defendant's response is due by and including May 27, 2025. Mailed notice

RESPONSE by Plaintiff Unicolors, Inc. to set motion and R&R deadlines/hearings, [131]

ATTORNEY Appearance for Defendant SHEWIN Flagship Shops by Ryan Evan Carreon

REPLY by Defendant SHEWIN Flagship Shops to Response[132]

MINUTE entry before the Honorable Joan B. Gottschall: In its reply memorandum 134 filed May 27, 2025, defendant argues for the first time that it "has been without access to millions of dollars for over a year, causing demonstrable harm to its ongoing business operations and ability to effectively defend itself in these proceedings." ECF No. 134 at 12-13. Defendant did not argue in its prior memoranda of law that the preliminary injunction's asset freeze impedes its ability to mount a defense. If defendant believes that it needs access to frozen assets in order to present argument or evidence it deems relevant to its pending motion 57 to dissolve the preliminary injunction, defendant must inform the court on or before June 4, 2025, and specify the amount of money defendant believes it needs to present its case for dissolution. Mailed notice.

RESPONSE by Plaintiff Unicolors, Inc. to reply 134

Declaration of Trevor W. Barrett

Exhibit 1 to Declaration of Trevor W. Barrett

Exhibit 2 to Declaration of Trevor W. Barrett

Exhibit 3 to Declaration of Trevor W. Barrett

Exhibit 4 to Declaration of Trevor W. Barrett

(Exhibit 5 to Declaration of Trevor W. Barrett)

MINUTE entry before the Honorable Joan B. Gottschall: On review of the most recently filed round of briefing, defendant's motion [57] to dissolve the preliminary injunction is referred to Judge Berry for an evidentiary hearing and a report and recommendation. Judge Berry has authority to authorize and supervise any discovery he considers appropriate in order to assist in resolving the pending motion to dissolve and with resolving the case's merits. A further deadline before the district judge will be set upon termination of the referral. Mailed notice

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Albert Berry, III for the purpose of holding proceedings related to: defendant's motion [57] to dissolve the preliminary injunction for an evidentiary hearing and a report and recommendation and discovery supervision.Mailed notice.

RESPONSE by Defendant SHEWIN Flagship Shops to set deadlines, [135]

Declaration Xue

MINUTE entry before the Honorable Albert Berry, III: This case has been referred to Judge Berry to issue a report and recommendation on Defendant's motion to dissolve the preliminary injunction 57 and discovery supervision. A video status hearing is set for 6/26/25 at 11:00 a.m. to discuss the case and schedule any evidentiary hearing necessary to rule on the motion to dissolve the preliminary injunction. Instructions will be emailed to counsel. Please note the new call-in information. Members of the public and media will be able to call in to listen to this hearing. Call (855)-244-8681, access code 2316 863 7794#. 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. Emailed notice

MINUTE entry before the Honorable Albert Berry III: Status hearing held 6/26/25. Both parties agree that a full evidentiary hearing is not necessary, but Plaintiff may want an in-person motion hearing to demonstrate to the Court how the physical samples submitted to the Court prove substantial similarity. The parties are ordered to file a joint status report on 7/8/25 informing the Court whether the parties believe a motion hearing is necessary (and the scope of any such hearing) or whether Defendant's motion to dissolve the preliminary injunction 57 and the accompanying briefs are sufficient for the Court to issue a report and recommendation on the pending motion. Emailed notice

STATUS Report by Unicolors, Inc. Presented before Magistrate Judge

MINUTE entry before the Honorable Albert Berry III: The Court has reviewed the parties' joint status report 144. An in-person hearing is set for 7/23/25 at 1:30 p.m. in Courtroom 2214 "to aid the Court in its analysis of substantial similarity in the physical samples submitted to the Court," which are in the possession of Judge Berry III. Emailed notice

MINUTE entry before the Honorable Albert Berry III: In-court hearing held 7/23/25. As discussed in open court, the parties are ordered to file separate, simultaneous statements to the docket on 8/6/25 that outline the parties' respective positions on lowering the asset freeze for Defendant and/or increasing the preliminary injunction bond for Plaintiff. Emailed notice

MEMORANDUM in court hearing, [146] by Unicolors, Inc. -- Memorandum of Law in Opposition to Any Increase to Unicolors' Bond and in Support of Maintaining Shewin's Current Asset Freeze

Statement in support of asset restraining reduction and bond increase STATEMENT by SHEWIN Flagship Shops

Declaration Xue

Exhibit A

Exhibit B

Exhibit C

Exhibit D

MINUTE entry before the Honorable Joan B. Gottschall: On January 15, 2025, the parties filed a stipulation 117 to reduce the asset freeze, stating that they did so "out of an effort to compromise." Consistent with the stipulation, the court entered an amended preliminary injunction 122 on January 22, 2025. Defendant states 148 in its filing of August 6, 2025, that the parties did not intend to withdraw from judicial consideration its then fully briefed requests to reduce the asset freeze and increase the bond amount. According to defendant, the stipulation represented a stop gap agreement while the parties awaited a ruling. Magistrate Judge Berry has ordered further briefing on increasing the bond and modifying the asset freeze. The issues on which the defendant seeks a ruling fall within the scope of the referral 137. Mailed notice

MINUTE entry before the Honorable Albert Berry III: The Court recommends that Defendant's Motion to Dissolve or Modify the Preliminary Injunction 57 be granted in part and denied in part. The Court recommends that the motion be granted to the extent that it seeks to modify the asset freeze and that the amount be reset from $5 million to $281,321.13; the rest of the motion should be denied. 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party's objections within 14 days after being served with a copy. Unless the district judge orders otherwise, the objecting party must promptly arrange for transcribing the record, or whatever portions of it the parties agree to or the magistrate judge considers sufficient. All matters relating to the referral of this action are resolved; case returned to the assigned judge. Referral terminated. See Report and Recommendations Emailed notice

REPORT AND RECOMMENDATIONS: Objections to R&R due by 9/4/25. Signed by the Honorable Albert Berry III on 8/21/25. Emailed notice

OBJECTIONS by Unicolors, Inc. to REPORT AND RECOMMENDATIONS [151]

DOCUMENT Entered in Error.

MINUTE entry before the Honorable Joan B. Gottschall: Defendant has 14 days, to and including September 18, 2025, to respond to plaintiff's objections filed September 4, 2025 152. Mailed notice

RESPONSE by Defendant SHEWIN Flagship Shops to objections 152

ORDER: Enter order adopting in part and rejecting in part Judge Berry's Report and Recommendation 151, granting in part and denying in part Unicolors' objections to the Report and Recommendation 152, and granting in part and denying in part Shewin's Motion to Vacate/Modify 57. Signed by the Honorable Joan B. Gottschall on 10/10/2025.Mailed notice

ENTER SECOND AMENDED PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 10/10/2025. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: This case is referred to Judge Berry for discovery supervision and any settlement conferences to which the parties and the magistrate judge agree. This referral includes authority to set and adjust discovery deadlines. A further deadline before the district judge will be set upon termination of the referral. Mailed notice

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Albert Berry, III for the purpose of holding proceedings related to: discovery supervision and any settlement conferences.Mailed notice.

MINUTE entry before the Honorable Albert Berry III: This case has been referred to Judge Berry III for discovery supervision and settlement. An initial video status hearing is set for 11/3/25 at 10:30 a.m. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Call (855)-244-8681, access code 2316 863 7794#. 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. Emailed notice

MOTION by Plaintiff Unicolors, Inc. for order -- Unopposed Motion for Entry of Protective Order Presented before Magistrate Judge

MINUTE entry before the Honorable Albert Berry, III: Plaintiff's Unopposed Motion for Entry of Protective Order 161 is granted.

AGREED PROTECTIVE ORDER. Signed by the Honorable Albert Berry, III on 10/23/2025: