2024-cv-05256

2024-cv-05256 Sunniva Grotle Myster v. The Partnerships and Unincorporated Associations Identified On Schedule A

Date :6/24/2024
Court :Northen District of Illinois
Law FirmKeith

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Date

Document

1

June 24, 2024

COMPLAINT filed by Sunniva Grotle Myster; Filing fee $ 405, receipt number AILNDC-22174041.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

June 24, 2024

SEALED DOCUMENT by Plaintiff Sunniva Grotle Myster Schedule A to Complaint 1

3

June 24, 2024

CIVIL Cover Sheet

4

June 24, 2024

ATTORNEY Appearance for Plaintiff Sunniva Grotle Myster by Keith A. Vogt

5

June 24, 2024

ATTORNEY Appearance for Plaintiff Sunniva Grotle Myster by Adam Grodman

6

June 24, 2024

ATTORNEY Appearance for Plaintiff Sunniva Grotle Myster by Cameron Eugene Mcintyre

7

June 24, 2024

ATTORNEY Appearance for Plaintiff Sunniva Grotle Myster by Christopher Romero

8

June 24, 2024

ATTORNEY Appearance for Plaintiff Sunniva Grotle Myster by Monica Rita Martin

9

June 24, 2024

ATTORNEY Appearance for Plaintiff Sunniva Grotle Myster by Yanling Jiang

10

June 24, 2024

ATTORNEY Appearance for Plaintiff Sunniva Grotle Myster by Yi Bu

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 3).

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.

11

June 25, 2024

MOTION by Plaintiff Sunniva Grotle Myster for leave to file under seal

12

June 25, 2024

MOTION by Plaintiff Sunniva Grotle Myster for leave to file excess pages

14

June 25, 2024

MEMORANDUM in Support of 13 Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's Declaration

Declaration of Sunniva Grotle Myster

(Exhibit 1, of Sunniva Grotle Myster's Declaration)

15

June 25, 2024

SEALED EXHIBIT by Plaintiff Sunniva Grotle Myster Sealed Exhibit 2, Declaration of Sunniva Grotle Myster regarding memorandum in support of motion, 14

(Exhibit 2)

16

June 25, 2024

Presentment for Exparte Motion 13 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 11, motion for leave to file excess pages 12 before Honorable John Robert Blakey on 7/10/2024 at 11:00 AM.

17

July 3, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 11 and motion for leave to file excess pages 12. The Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established that the sellers identified on Schedule A "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences"; that defendants "are an interrelated group of infringers working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products"; and that the "Infringing Products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." 1 7, 10, 14, 28, 31. For present purposes, this satisfies Fed. R. Civ. P. 20(a)(2)'s same transaction, occurrence, or series of transactions or occurrences requirement, and Plaintiff may proceed against the identified Defendants in this single action. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 13. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 7/17/24. The Court strikes the 7/10/24 Notice of Motion date. Mailed notice

18

July 3, 2024

SEALED ORDER Signed by the Honorable John Robert Blakey on 7/3/2024. Mailed notice

SUMMONS Issued as to DOULM and all other Defendants identified in the Complaint

19

July 8, 2024

SURETY BOND in the amount of $ 62,000 posted by Sunniva Grotle Myster. (Document not scanned)

20

July 10, 2024

MOTION by Plaintiff Sunniva Grotle Myster for preliminary injunction

21

July 10, 2024

MEMORANDUM by Sunniva Grotle Myster in support of motion for preliminary injunction 20

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt's declaration)

22

July 10, 2024

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 20 before Honorable John Robert Blakey on 7/17/2024 at 11:00 AM.

23

July 10, 2024

SUMMONS Returned Executed by Sunniva Grotle Myster as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/10/2024, answer due 7/31/2024.

(Declaration of Service)

24

July 17, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/17/2024. No defendant appeared in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 20. Accordingly, and based upon the same findings made in this Court's TRO 18, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 20. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. By 8/30/24, Plaintiff shall file a status report regarding the status of service of process, settlement discussions, and any further information that Plaintiff wishes to bring to the Court's attention. Mailed notice

25

July 17, 2024

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 7/17/2024. Mailed notice(gel,)

NEW PARTIES: DOULM, homebed, LIIYHSDA, pengYHUIHUA, xiaozhil5858, hljl5858, huozhoushisujiaomaoyishi, DC-Supernice, M/X, panli0821, hanshanxisidianzishangwugongzuoshi, xintuowangluo, MQXUAN-US, Awesome Skull Shop, LvLiangShiMingKaiDianZiShangWuYouXianGongSi, TKSHOP2014, Leo Storeo, Youhao, DOUBLE AMERICAN, Miao Gui, dengzhoushidazhiruoyushangmaoyouxiangongsi, FENGHANOU, TING YEAH, Dmland, HUOYUTAOBAIHUO, Mall Fun, song xing xing22, YanZhibindrfty, fujunrong1, shanxishasijinkejiyouxiangongsi, LUYAN ART, Kun Ming Lu Bang Mao Yi You Xian Gong Si, yuanshangdianshangzhuanmaidian, Walnutking Shirts and Stewg added to case caption.

NEW PARTIES: GREEN LAND USA, gyqqsbhd, UfcellStore, senhongyunda, Genta Kojima, xinniandianji, FNNMNNR Co. Ltd, LiLuLu18, Ailytec Inc, xianglei666, FIYO STORE, Yancheng city, VIVIWorldStore, Selfies_Cool, FIYO ART C97 Q, Queen221, wangmenle, liufangfang89, DIY Customs painting, Guo Jiang Bing, Fragrant Art, LE TIAN XIAO DIAN, Pantone Universe, JingRao Clothing, MAPLESHOP, Defendant 28 and Defendant 45 added to case caption.

26

July 22, 2024

ATTORNEY Appearance for Defendant Ailytec Inc by Michael Thomas Stanley

27

July 22, 2024

MOTION by Defendant Ailytec Inc for extension of time to file answer regarding complaint 1 Agreed Motion to Extension of Time

28

July 22, 2024

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for extension of time to file answer 27 before Honorable John Robert Blakey on 7/31/2024 at 11:00 AM.

29

July 22, 2024

MINUTE entry before the Honorable John Robert Blakey: Defendant's agreed motion for extension of time to file answer 27 is granted and any answer shall be filed on or before 8/14/2024. Motion hearing set for 7/31/2024 is stricken. Mailed notice

30

July 29, 2024

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 18 Youhao

31

Aug. 1, 2024

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

32

Aug. 2, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal 30 and 31, this case is dismissed without prejudice as to Defendants Youhao, LE TIAN XIAO DIAN, Dmland, TING YEAH, Guo Jiang Bing, Walnutking Shirts, FNNMNNR Co. Ltd, shanxishasijinkejiyouxiangongsi, Kun Ming Lu Bang Mao Yi You Xian Gong Si, FENGHANOU, homebed, JingRao Clothing and Yy' choice Co.Lt. Absent reinstatement on or before 270 days of the entry of this order, this dismissal will become one with prejudice without further order of the Court. Mailed notice

34

Aug. 20, 2024

MOTION by Plaintiff Sunniva Grotle Myster for default judgment as to Against the Defendants Identified in First Amended Schedule A.

(Exhibit 1)

35

Aug. 20, 2024

MEMORANDUM by Sunniva Grotle Myster in support of motion for default judgment 34

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

36

Aug. 20, 2024

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 34 before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM.

37

Aug. 23, 2024

MINUTE entry before the Honorable John Robert Blakey: By stipulation 33, this case is dismissed without prejudice as to Defendant Ailytec (No. 46). Absent reinstatement by 10/31/24, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice.

38

Aug. 28, 2024

MINUTE entry before the Honorable John Robert Blakey: Oral motion to strike motion hearing is granted. Motion hearing previously set for 8/28/2024 is stricken and counsel may re-notice the motion for any motion hearing date appropriate. Mailed notice

41

Sept. 3, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's representations concerning ongoing settlement discussions, see 40, the Court denies without prejudice Plaintiff's motion for default judgment 34. Mailed notice

42

Sept. 4, 2024

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 32 LUYAN ART

43

Sept. 4, 2024

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no 13 MQXUAN-US

44

Sept. 4, 2024

NOTICE of Voluntary Dismissal by Sunniva Grotle Myster as to [Certain] Defendants

45

Sept. 6, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal 42, 43, 44, this case is dismissed without prejudice as to Defendant LUYAN ART, MQXUAN-US, DOULM, LIIYHSDA, pengYHUIHUA, xiaozhil5858, hljl5858, huozhoushisujiaomaoyishi, DC-Supernice, M/X, panli0821, hanshanxisidianzishangwugongzuoshi, xintuowangluo, Awesome Skull Shop, LvLiangShiMingKaiDianZiShangWuYouXianGongSi, TKSHOP2014, Leo Storeo, DOUBLE AMERICAN, Miao Gui, dengzhoushidazhiruoyushangmaoyouxiangongsi, HUOYUTAOBAIHUO, Mall Fun, song xing xing22, [Defendant 28], YanZhibindrfty, fujunrong1, yuanshangdianshangzhuanmaidian, Stewg, GREEN LAND USA, gyqqsbhd, UfcellStore, senhongyunda, Genta Kojima, xinniandianji, LiLuLu18, xianglei666, FIYO STORE, Yancheng city, VIVIWorldStore, Selfies_Cool, FIYO ART C97 Q, Queen221, wangmenle, liufangfang89, DIY Customs painting, Fragrant Art, Pantone Universe and MAPLESHOP. Based upon voluntary dismissal 44, this case is now closed. Civil case terminated. Mailed notice

46

Sept. 9, 2024

MAILED copyright report to Registrar, Washington DC

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