Pink Floyd (1987) Limited v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Pink Floyd (1987) Limited |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", Lujiahao, H2 Studio Company Limited and GuangZhouTianHeQuFengGeJingHangYiYuanYouXianGongSi |
| 1:2021cv03039 |
| June 7, 2021 |
| US District Court for the Northern District of Illinois |
| Harry D Leinenweber |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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| Filing 47 MINUTE entry before the Honorable Harry D. Leinenweber: In light of the Court's order vacating the default judgment order against Defendant GuangZhouTianHeQuFengGeJingHangYiYuanYouXianGongSi ("GuangZhou") #43 , Defendant GuangZhou's motion to vacate default judgment #45 is denied as moot. Plaintiff's motion to stay and for leave to conduct jurisdictional discovery #46 is granted. The Court's previously entered briefing schedule on Defendants Unknown Liu Yue and GuangZhou's motions to dismiss #43 is vacated. Written jurisdictional discovery to be completed by 10/4/21. Any jurisdictional discovery depositions to be taken by 11/3/21. Plaintiff shall file a joint response to Defendants Unknown Liu Yue's and GuangZhou's motions to dismiss on or before 12/3/21. Defendants Unknown Liu Yue and GuangZhou may each file a reply brief on or before 12/10/21. The Court will rule by mail. Mailed notice(maf) |
| Filing 46 MOTION by Plaintiff Pink Floyd (1987) Limited to stay regarding MOTION by Defendant GuangZhouTianHeQuFengGeJingHangYiYuanYouXianGongSi to dismiss #42 , text entry,,,,,,,,,, #43 Motion to Dismiss #37 And For Leave to Conduct Jurisdictional Discovery (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 45 MOTION to vacate default judgment by Defendant GuangZhouTianHeQuFengGeJingHangYiYuanYouXianGongSi. (Exhibits) (daj, ) |
| Filing 44 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 88 H2 Studio Company Limited (Vogt, Keith) |
| Filing 43 MINUTE entry before the Honorable Harry D. Leinenweber: For the reasons set forth in this Order, the Court amends its 8/3/21 Default Order #40 #41 . On July 2, 2021, Plaintiff served Defendants by electronic publication and/or by sending an e-mail to the e-mail addresses associated with each Defendant #24 , pursuant to Federal Rule of Civil Procedure 4(f)(3). Federal Rule of Civil Procedure 12(a)(1)(A)(i) requires defendants to answer or otherwise please 21 days after service. On July 26, 2021, 24 days following service, Plaintiff moved for entry of default judgment against those defendants that had not responded to the complaint pursuant to Federal Rule of Civil Procedure 55. #28 On July 29, 2021 Defendant Unknown Liu Yue moved to dismiss the complaint for lack of personal jurisdiction. #37 The next day, July 30, 2021 Defendant GuangZhouTianHeQuFengGeJingHangYiYuanYouXianGongSi ("GuangZhou") also moved to dismiss the complaint for lack of personal jurisdiction. #42 Defendants Unknown Liu Yue and GuangZhou filed their motions more than 21 days after service, in violation of Federal Rule of Civil Procedure 12(a)(1)(A)(i). In its discretion, however, the Court declines to enter a default judgment against parties whose motions were filed only one week late, particularly in light of Plaintiff's electronic service. McCready v. Harrison, 67 F. App'x 971, 974 (7th Cir. 2003) (affirming the District Court's discretion to deny a motion of default judgment where the responsive pleading is late by just several days). Accordingly the Court's 8/3/21 Minute Order entering default judgment and denying Defendant Unknown Liu Yue's motion to dismiss as moot #40 is hereby amended to reflect that following: (1) the denial of Defendant Unknown Liu Yue's motion to dismiss is vacated and (2) the motion to default judgment is denied as to Defendants Unknown Liu Yue and GuangZhou. The 8/3/21 entered Default Order #41 is amended to remove Defendants Unknown Liu Yue and GuangZhou. Plaintiff shall file a joint response to Defendants Unknown Liu Yue's and GuangZhou's motions to dismiss on or before 8/25/21. Defendants Unknown Liu Yue and GuangZhou may each file a reply brief on or before 9/1/21. The Court will rule by mail.Defendants Unknown Liu Yue and GuangZhou are also directed to file an affidavit establishing its corporate structure (i.e. LLC, partnership, sole proprietorship). The affidavit should include supporting documentation evidencing the identified structure. Any foreign-language documents submitted in connection with the affidavits must include an English translation. The affidavit must be filed on or before 8/25/21. Mailed notice (maf) |
| Filing 41 Enter default order. Signed by the Honorable Harry D. Leinenweber on 8/3/2021: Mailed notice(maf) |
| Filing 40 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic ruling on motion hearing held. Motion to dismiss #37 is moot. Motion for default judgment #28 is granted. Telephone conference is set for 9/14/21 at 9:30 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) |
| Filing 39 NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Filing 42 MOTION to dismiss plaintiff's complaint and vacate preliminary injunction order by Defendant GuangZhouTianHeQuFengGeJingHangYiYuanYouXianGongSi. (Exhibits) (daj, ) |
| Filing 38 MINUTE entry before the Honorable Harry D. Leinenweber: MOTION by Unknown Liu Yue to dismiss plaintiff's complaint [DKT. 1 ] and vacate preliminary injunction order [DKT. 26] #37 is set for a telephone conference on 8/3/21 at 9:30 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) |
| Filing 37 MOTION by Unknown Liu Yue to dismiss, Motion to dismiss plaintiff's complaint [DKT. #1 ] and vacate preliminary injunction order [DKT. #26 ]. (rc, ) |
| Filing 36 ATTORNEY Appearance for Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" by Depeng Bi for the store DF Women Store only (Bi, Depeng) |
| Filing 35 MINUTE entry before the Honorable Harry D. Leinenweber: Unopposed motion by Defendant Lujiahao for extension of time to 8/17/21 to answer or otherwise plead to the complaint #34 is granted. Mailed notice(maf) |
| Filing 34 MOTION by Defendant Lujiahao for extension of time Unopposed (Urbanczyk, Adam) |
| Filing 33 ANSWER to Complaint by H2 Studio Company Limited(Rosenbaum, Cory) |
| Filing 32 ATTORNEY Appearance for Defendant H2 Studio Company Limited by Cory Jay Rosenbaum (Rosenbaum, Cory) |
| Filing 31 ATTORNEY Appearance for Defendant Lujiahao by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 30 MINUTE entry before the Honorable Harry D. Leinenweber: MOTION by Plaintiff for default judgment as to The Defendants Identified In The First Amended Schedule A #28 is set for a telephone conference on 8/3/21 at 9:30 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Telephone Conference set for 8/26/21 is vacated. Mailed notice(maf) |
| Filing 29 MEMORANDUM by Pink Floyd (1987) Limited in support of motion for default judgment #28 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 28 MOTION by Plaintiff Pink Floyd (1987) Limited for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 27 NOTICE of Voluntary Dismissal by All Plaintiffs (Vogt, Keith) |
| Filing 26 Telephonic ruling on motion hearing held. Motion for preliminary injunction #21 is granted. See attached order. Telephone Conference set for 8/26/21 at 9:30 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) |
| Filing 25 SURETY BOND in the amount of $ 10,000.00 posted by Pink Floyd (1987) Limited (Document not scanned). (rc, ) |
| Filing 24 SUMMONS Returned Executed by Pink Floyd (1987) Limited as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 7/2/2021, answer due 7/23/2021. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 23 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #21 before Honorable Harry D. Leinenweber on 7/15/2021 at 09:15 AM. (Vogt, Keith) |
| Filing 22 MEMORANDUM by Pink Floyd (1987) Limited in support of motion for preliminary injunction #21 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 21 MOTION by Plaintiff Pink Floyd (1987) Limited for preliminary injunction (Vogt, Keith) |
Filing 20
ORDER: Plaintiff's motion for extension of time #18 is granted. Plaintiff's temporary restraining order is continued through and until 7/15/21. Telephone Conference set for 7/1/21 is re-set to 7/15/21 at 9:15 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Signed by the Honorable Harry D. Leinenweber on 6/30/2021: Enter attached order.(maf) Modified on 6/30/2021 (maf, ).
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| Filing 19 NOTICE of Motion by Keith A. Vogt for presentment of extension of time #18 before Honorable Harry D. Leinenweber on 7/1/2021 at 09:15 AM. (Vogt, Keith) |
| Filing 18 MOTION by Plaintiff Pink Floyd (1987) Limited for extension of time for Temporary Restraining Order (Vogt, Keith) |
| Filing 17 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 7/1/21 at 9:30 a.m. is re-set to 7/1/21 at 9:15 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) |
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Filing 16
ORDER: Telephonic ruling on motion hearing held. Ex parte motion 10 is granted. Enter Sealed Order. Telephone Conference set for 7/1/21 at 9:30 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf)
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| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (cm, ) |
| Filing 15 MINUTE entry before the Honorable Harry D. Leinenweber: Motion for leave to file under seal #8 is granted. Motion for leave to file in excess pages #9 is granted. Ex parte motion 10 will be heard via Telephone Conference set for 6/17/21 at 9:00 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) |
| Filing 14 MAILED to plaintiff(s) counsel Lanham Mediation Program materials(daj, ) |
| Filing 13 MAILED trademark report to Patent Trademark Office, Alexandria VA (daj, ) |
| Filing 12 SEALED EXHIBIT by Plaintiff Pink Floyd (1987) Limited Sealed Exhibit 2 to the Declaration of Thomas Schlegel regarding memorandum in support of motion, #11 (Attachments: #1 Exhibit 2, Part 1, #2 Exhibit 2, Part 2, #3 Exhibit 2, Part 3, #4 Exhibit 2, Part 4, #5 Exhibit 2, Part 5, #6 Exhibit 2, Part 6, #7 Exhibit 2, Part 7, #8 Exhibit 2, Part 8, #9 Exhibit 2, Part 9, #10 Exhibit 2, Part 10, #11 Exhibit 2, Part 11, #12 Exhibit 2, Part 12, #13 Exhibit 2, Part 13, #14 Exhibit 2, Part 14, #15 Exhibit 2, Part 15)(Vogt, Keith) |
| Filing 11 MEMORANDUM In Support of 10 Ex Parte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-5, Declaration of Keith Vogt, #3 Declaration of Thomas Schlegel, #4 Exhibit 1, Declaration of Thomas Schlegel)(Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file excess pages (Vogt, Keith) |
| Filing 8 MOTION by Plaintiff Pink Floyd (1987) Limited for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 7 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Pink Floyd (1987) Limited by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Pink Floyd (1987) Limited Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Pink Floyd (1987) Limited; Filing fee $ 402, receipt number 0752-18323878. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (lw, ) |
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