Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. v. The Partnerships and Unicorporated Associations Identified On Schedule "A"
| Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. |
| The Partnerships and Unicorporated Associations Identified On Schedule "A", SunshineFace, VAZUSSK, SPARME, LLC, vipyskj7, Eoncore, LikeMArk, Dlife Direct, Hitituto Direct and Infinno Direct |
| 1:2021cv01916 |
| April 9, 2021 |
| U.S. District Court for the Northern District of Illinois |
| John J Tharp |
| Patent |
| 35 U.S.C. § 271 |
| None |
Docket Report
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| Filing 80 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #79 , defendant libbyslibrary is dismissed from this case. Mailed notice (air, ) |
| Filing 79 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. With Prejudice Doe 33 - libbyslibrary (Ni, Hao) |
| Filing 78 MINUTE entry before the Honorable John J. Tharp, Jr: Any objection to the plaintiffs' request for default is due by 6/10/21. Plaintiffs are directed to submit their proposed order to the Court's proposed order inbox ([email protected]) in Word format. Mailed notice (air, ) |
| Filing 77 NOTICE by Larry Ford Banister, II of Change of Address for Def. Nos. 50 Xingovera 51 Tinymall 53 oawoa38shop 56 drillsy18 57 iulikelos 58 ltdfodmmg 59 mpecnheya 60 nurlike 62 Tostaner 64 Haotimall 65 fashions-stores 66 wu wei12345 67 Hello, miss bear 68 ningboyongzhagushipindian 69 cmertion woke 70 shenzhenganjintouzifazhanyouxiangongsi 71 mirdubdhgc 72 iobhtv vyed 73 zhangguoyou 74 Cucunten 75 hudj2020 76 qinseyinmiaodian 78 zhenwenying 79 qiongjiaxiaomiwu 80 benemax 81 Tostaner 83 fmqgb26shop 84 katti-Free Shop 85 eternmyth 86 azulzou No. Seller Name 87 themswc 89 NaHonShop 90 Wioiostore 91 Joesy wig 92 babytianyi 93 seign15gds 95 pingguiyinghang 96 BnlPavib 97 wangxiuxiangk 99 YifanFengshun Shop 100 DOLEXEW 101 Eightguaihandwork 103 twkwu06shop 104 licashaye 105 reqijheya 106 zlamor 107 BETTERCHOS 108 Lianyilian 110 lihncheya 112 SmileDay Shop 114 yucexhay 116 Canzuimao 117 zuqnyheya 121 Meludepon 122 waybihey 123 Sanxindui 128 ALLINKCO 133 INSAKURAM 136 pingguiyinghang 138 Ziyueyuanwon (Banister, Larry) |
| Filing 76 REQUEST For Default of Certain Defendants (Attachments: #1 Declaration, #2 Text of Proposed Order)(Ni, Hao) |
| Filing 75 MINUTE entry before the Honorable John J. Tharp, Jr:On the Court's own motion, the telephone conference on the Preliminary Injunction Motion is reset for 6/23/21 at 10:00 a.m. Mailed notice (air, ) |
| Filing 74 CERTIFICATE of Service (Ni, Hao) |
| Filing 73 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #71 , defendant L&B Distributors is dismissed from this case. Mailed notice (air, ) |
| Filing 72 MINUTE entry before the Honorable John J. Tharp, Jr:Motion hearing held. Plaintiff to prepare and file another certificate of service which reflects the service which has been made. Defendants Hitituto Direct, Infinno Direct, VAZUSSK and SPARME opposition to Plaintiff's motion for preliminary injunction #46 are due by 6/8/21; plaintiff's reply is due by 6/15/21. A telephonic hearing on the Preliminary Injunction Motion is set for 6/22/21 at 10 a.m. Defendants are to confer and combine their briefs as much as possible. Defendants' motion for injunctive relief #59 is granted to the extent that it seeks confirmation that the Temporary Restraining Order ("TRO") previously entered in this action #20 has expired. No third party is bound by the terms of the TRO. The TRO is no longer in effect and does not require or authorize further restraint of assets of any defendants in this action. Otherwise the motion for injunctive relief is denied. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 71 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. With Prejudice Doe 8 - L&B Distributors (Ni, Hao) |
| Filing 70 MINUTE entry before the Honorable John J. Tharp, Jr:v Upon receipt of the plaintiff's notices of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #68 , defendant Eoncore is dismissed from this case. Mailed notice (air, ) |
| Filing 69 MINUTE entry before the Honorable John J. Tharp, Jr:Due to a Court scheduling conflict, the telephone hearing on Plaintiff's motion for preliminary injunction 46 will be held on May 25, 2021 at 1:15 p.m [TIME CHANGE ONLY] along with motions #59 #62 #64 and #66 . Mailed notice (air, ) |
| Filing 68 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. With Prejudice of Eoncore (Ni, Hao) |
| Filing 67 NOTICE of Motion by Wesley E. Johnson for presentment of motion for joinder #66 before Honorable John J. Tharp Jr. on 5/25/2021 at 09:00 AM. (Johnson, Wesley) |
| Filing 66 MOTION by Defendant Infinno Direct for joinder Injunctive Relief (Johnson, Wesley) |
| Filing 65 NOTICE of Motion by Wesley E. Johnson for presentment of motion for joinder #64 before Honorable John J. Tharp Jr. on 5/25/2021 at 09:00 AM. (Johnson, Wesley) |
| Filing 64 MOTION by Defendant Hitituto Direct for joinder Injunctive Relief (Johnson, Wesley) |
| Filing 63 NOTICE of Motion by Wesley E. Johnson for presentment of motion for joinder #62 before Honorable John J. Tharp Jr. on 5/25/2021 at 09:00 AM. (Johnson, Wesley) |
| Filing 62 MOTION by Defendant SPARME, LLC for joinder Injunction Relief (Johnson, Wesley) |
| Filing 61 NOTICE of Motion by Wesley E. Johnson for presentment of motion for miscellaneous relief #59 before Honorable John J. Tharp Jr. on 5/25/2021 at 09:00 AM. (Johnson, Wesley) |
| Filing 60 MEMORANDUM by VAZUSSK in support of motion for miscellaneous relief #59 (Johnson, Wesley) |
| Filing 59 MOTION by Defendant VAZUSSKInjunction Relief (Johnson, Wesley) |
| Filing 58 ATTORNEY Appearance for Defendant Infinno Direct by Shu-yu Lin (Lin, Shu-yu) |
| Filing 57 ATTORNEY Appearance for Defendant Hitituto Direct by Shu-yu Lin (Lin, Shu-yu) |
| Filing 56 ATTORNEY Appearance for Defendant Infinno Direct by Wesley E. Johnson (Johnson, Wesley) |
| Filing 55 ATTORNEY Appearance for Defendant Hitituto Direct by Wesley E. Johnson (Johnson, Wesley) |
| Filing 54 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #53 , defendant Yaxihouse is dismissed from this case. Mailed notice (air, ) |
| Filing 53 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. with Prejudice of Yaxihouse (Ni, Hao) |
| Filing 52 ATTORNEY Appearance for Defendant The Partnerships and Unicorporated Associations Identified On Schedule "A" by Charles Edward McElvenny (McElvenny, Charles) |
| Filing 51 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant VAZUSSK's motion to dissolve the TRO #38 is denied as moot in light of the expiration of the TRO. Mailed notice (air, ) |
| Filing 50 MINUTE entry before the Honorable John J. Tharp, Jr:A telephone hearing on Plaintiff's motion for preliminary injunction #46 will be held on May 25, 2021 at 9:00 a.m. Understanding the motion may be opposed by one or more defendants, the hearing will address (among other things) whether an evidentiary hearing is required and a briefing schedule on the motion. Mailed notice (air, ) |
| Filing 49 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #43 #44 #45 , defendants LikeMArk, Dlife Direct, SunshineFace, and vipyskj7 are dismissed from this case. Mailed notice (air, ) |
| Filing 48 NOTICE of Motion by Hao Ni for presentment of motion for preliminary injunction #46 before Honorable John J. Tharp Jr. on 5/25/2021 at 09:00 AM. (Ni, Hao) |
| Filing 47 MEMORANDUM by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. in support of motion for preliminary injunction #46 (Attachments: #1 Declaration Ex. A - Declaration of Moore)(Ni, Hao) |
| Filing 46 MOTION by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. for preliminary injunction (Ni, Hao) |
| Filing 45 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. Without Prejudice Does 15 - SunshineFace, Doe 16 - vipyskj7 (Ni, Hao) |
| Filing 44 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. DLife Direct (Ni, Hao) |
| Filing 43 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. of Doe 49 - LikeMArk (Ni, Hao) |
| Filing 42 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's ex parte motion to extend the temporary restraining order for a second time #32 is denied. Plaintiff cannot extend the temporary restraining order absent consent. "[F]or a TRO to be viable beyond the 28-day mark as a preliminary injunction, the order must comport with the formal requirements for a preliminary injunction." H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 845 (7th Cir. 2012). The very first requirement that Rule 65 imposes for a preliminary injunction is notice; Rule 65(a)(1) expressly states that "The court may issue a preliminary injunction only on notice to the adverse party." Plaintiff's motion does not establish that notice of the motion has been provided to the defendants (indeed, the extension is being sought so that accounts can be identified and assets can be restrained before notice has been provided to the defendants). Accordingly, further extension of the TRO is not permitted by Rule 65. Mailed notice (air, ) |
| Filing 41 MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff'`s notices of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #30 , defendant i-Deals Store is dismissed from this case. Mailed notice (air, ) |
| Filing 40 ATTORNEY Appearance for Defendant The Partnerships and Unicorporated Associations Identified On Schedule "A" by Larry Ford Banister, II Def. Nos. 50 Xingovera 51 Tinymall 53 oawoa38shop 56 drillsy18 57 iulikelos 58 ltdfodmmg 59 mpecnheya 60 nurlike 62 Tostaner 64 Haotimall 65 fashions-stores 66 wu wei12345 67 Hello, miss bear 68 ningboyongzhagushipindian 69 cmertion woke 70 shenzhenganjintouzifazhanyouxiangongsi 71 mirdubdhgc 72 iobhtv vyed 73 zhangguoyou 74 Cucunten 75 hudj2020 76 qinseyinmiaodian 78 zhenwenying 79 qiongjiaxiaomiwu 80 benemax 81 Tostaner 83 fmqgb26shop 84 katti-Free Shop 85 eternmyth 86 azulzou No. Seller Name 87 themswc 89 NaHonShop 90 Wioiostore 91 Joesy wig 92 babytianyi 93 seign15gds 95 pingguiyinghang 96 BnlPavib 97 wangxiuxiangk 99 YifanFengshun Shop 100 DOLEXEW 101 Eightguaihandwork 103 twkwu06shop 104 licashaye 105 reqijheya 106 zlamor 107 BETTERCHOS 108 Lianyilian 110 lihncheya 112 SmileDay Shop 114 yucexhay 116 Canzuimao 117 zuqnyheya 121 Meludepon 122 waybihey 123 Sanxindui 128 ALLINKCO 133 INSAKURAM 136 pingguiyinghang 138 Ziyueyuanwon (Banister, Larry) |
| Filing 39 MEMORANDUM by VAZUSSK in support of motion for miscellaneous relief #38 (Attachments: #1 Declaration)(Johnson, Wesley) |
| Filing 38 MOTION by Defendant VAZUSSKdissolve the temporary restraining order (Johnson, Wesley) |
| Filing 37 ATTORNEY Appearance for Defendant VAZUSSK by Shu-yu Lin (Lin, Shu-yu) |
| Filing 36 ATTORNEY Appearance for Defendant VAZUSSK by Wesley E. Johnson (Johnson, Wesley) |
| Filing 35 MINUTE entry before the Honorable John J. Tharp, Jr:Upon the notice of dismissal filed by Plaintiff #31 as to defendant SpareMe LLC (identified in the dismissal notice as "Amazon Store Doe 2, PH-Retail (We record SN)"), the hearing on defendant SpareMe LLC's motion to dissolve TRO #27 is stricken and defendant SpareMe LLC is dismissed from this action. Mailed notice (air, ) |
| Filing 34 NOTICE of Motion by Hao Ni for presentment of motion for miscellaneous relief #32 before Honorable John J. Tharp Jr. on 5/19/2021 at 09:00 AM. (Ni, Hao) |
| Filing 33 MEMORANDUM by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. in support of motion for miscellaneous relief #32 (Attachments: #1 Declaration of Stevenson Moore - Ex. A)(Ni, Hao) |
| Filing 32 MOTION by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd.SECOND MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER (Ni, Hao) |
| Filing 31 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. (Ni, Hao) |
| Filing 30 NOTICE of Voluntary Dismissal by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. (Ni, Hao) |
| Filing 29 MINUTE entry before the Honorable John J. Tharp, Jr: A telephone hearing to discuss Defendant SPARME, LLC's motion to dissolve the TRO will be held on 5/17/2021 at 10:30 a.m. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 28 MEMORANDUM by SPARME, LLC in support of motion for miscellaneous relief #27 dissolve the temporary restraining order (Attachments: #1 Declaration, #2 Exhibit)(Johnson, Wesley) |
| Filing 27 MOTION by Defendant SPARME, LLC dissolve the temporary restraining order (Johnson, Wesley) |
| Filing 26 ATTORNEY Appearance for Defendant SPARME, LLC by Shu-yu Lin (Lin, Shu-yu) |
| Filing 25 ATTORNEY Appearance for Defendant SPARME, LLC by Wesley E. Johnson (Johnson, Wesley) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: Judge Chang is sitting as the emergency judge. The Plaintiff's emergency motion to extend the initial TRO #21 is granted through 05/19/2021, in light of the continued existence of the circumstances that warranted the entry of the initial TRO, as well as the pending responses from non-parties. Noticed motion date of 05/05/2021 is terminated. Emailed notice (mw, ) |
| Filing 23 NOTICE of Motion by Hao Ni for presentment of motion for miscellaneous relief #21 before Honorable John J. Tharp Jr. on 5/5/2021 at 09:00 AM. (Ni, Hao) |
| Filing 22 MEMORANDUM by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. in support of motion for miscellaneous relief #21 (Attachments: #1 Exhibit A - Declaration of Moore)(Ni, Hao) |
| Filing 21 MOTION by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd.MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER (Ni, Hao) |
| Cashier's Check BOND in the amount of $183,000.00 posted by Ni Wang & Massand, PLLC on behalf of Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. Receipt No, 4624255798. (ng, ) |
| Filing 20 TEMPORARY Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/21/2021. Mailed notice(air, ) |
| Filing 19 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for a temporary restraining order #13 is granted. Enter Temporary Restraining Order. Mailed notice (air, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unicorporated Associations Identified On Schedule "A" (jmk, ) |
| Filing 18 ATTORNEY Appearance for Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. by David Randolph Bennett (Bennett, David) |
| Filing 17 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for electronic service of process #10 is granted. No appearance on the motion is required. Plaintiff's motion for a temporary restraining order #13 is taken under advisement. Plaintiff is directed to submit a draft proposed order to [email protected]. Mailed notice (air, ) |
| Filing 16 NOTICE of Motion by Hao Ni for presentment of motion for temporary restraining order #13 before Honorable John J. Tharp Jr. on 4/21/2021 at 09:00 AM. (Ni, Hao) |
| Filing 15 SEALED DOCUMENT by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. (Attachments: #1 Exhibit Schedule A, #2 Exhibit 2-1, #3 Exhibit 2-2, #4 Exhibit 2-3, #5 Exhibit 2-4, #6 Exhibit 2-5, #7 Exhibit 2-6, #8 Exhibit 2-7, #9 Exhibit 2-8)(Ni, Hao) |
| Filing 14 MEMORANDUM by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. in support of motion for temporary restraining order #13 (Ni, Hao) |
| Filing 13 MOTION by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. for temporary restraining order (Attachments: #1 Text of Proposed Order)(Ni, Hao) |
| Filing 12 NOTICE of Motion by Hao Ni for presentment of motion for miscellaneous relief #10 before Honorable John J. Tharp Jr. on 4/21/2021 at 09:00 AM. (Ni, Hao) |
| Filing 11 NOTICE of Motion by Hao Ni for presentment of motion for miscellaneous relief #10 before Honorable John J. Tharp Jr. on 4/21/2021 at 09:00 AM. (Ni, Hao) |
| Filing 10 MOTION by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd.for Electronic Service (Attachments: #1 Declaration of Hao Ni, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Ni, Hao) |
| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for leave to file under seal #2 is granted. Mailed notice (air, ) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's motion to remove an incorrectly filed document #7 is granted. The Clerk of the Court is directed to remove docket entry #6 , which was incorrectly filed on this docket. Mailed notice (air, ) |
| Filing 7 MOTION by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd.TO REMOVE AN INCORRECTLY FILED DOCUMENT (Attachments: #1 Text of Proposed Order)(Ni, Hao) |
| Filing 6 DOCUMENT ENTERED IN ERROR. REMOVED PER COURT ORDER. (Additional attachment(s) added on 4/16/2021: #1 Main Doc.) (air, ). |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (as, ) |
| Filing 5 SEALED DOCUMENT by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. Exhibit 2-1 (Attachments: #1 Exhibit 2-2, #2 Exhibit 2-3, #3 Exhibit 2-4, #4 Exhibit 2-5, #5 Exhibit 2-6, #6 Exhibit 2-7, #7 Exhibit 2-8)(Ni, Hao) |
| Filing 4 SEALED DOCUMENT by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. Schedule A (Ni, Hao) |
| Filing 3 MAILED Patent report to Patent Trademark Office, Alexandria VA (Attachments: #1 Exhibit)(mc, ) |
| Filing 2 MOTION by Plaintiff Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd. for leave to file under seal (Ni, Hao) |
| Filing 1 COMPLAINT filed by Shen Zhen Pin Zheng Digital Electronic Technology Co., Ltd.; Filing fee $ 402, receipt number 0752-18111216. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit Schedule A, #4 Civil Cover Sheet)(Ni, Hao) |
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