Luke Combs v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Luke Combs |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Jorlyen Store, NgocPhuong09, Zira-S, LalisaW and biao168 |
| 1:2022cv05251 |
| September 27, 2022 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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| Filing 52 CERTIFICATE of Service by Plaintiff Luke Combs regarding set motion and R&R deadlines/hearings,, #51 (Vogt, Keith) |
| Filing 51 MINUTE entrybefore the Honorable Joan B. Gottschall: Any written response to or r equest for hearing on plaintiff's motion #49 for entry of default and for entry of default judgment is due on or before 12/5/2022. If no written response or request for a hearing is received by the deadline, the court will assume that defendants do not oppose the motion and will rule on the papers. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve defendants with a copy of this order and file a certificate of service on or before 11/23/2022. Mailed notice (mjc, ) |
| Filing 50 MEMORANDUM by Luke Combs in support of motion for default judgment #49 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of Keith A. Vogt, #5 Exhibit 1, Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 49 MOTION by Plaintiff Luke Combs for default judgment as to The Defendants Identified In [Amended] Schedule A (Vogt, Keith) |
| Filing 48 AMENDED complaint by Luke Combs against LalisaW, NgocPhuong09, Zira-S, biao168 and terminating Jorlyen Store (Attachments: #1 [Amended] Schedule A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Vogt, Keith) |
| Filing 47 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's deadline #43 to show good cause to continue to seal previously filed documents in this case has come and gone, and nothing has been filed. Accordingly, the clerk is directed to unseal all previously sealed documents, including the following documents: ECF Nos. #2 , #10 , #15 , [15-1], [15-2], and [15-3]. Mailed notice (mjc, ) |
| Filing 46 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff and defendant No. 5 a.k.a. "Jorlyen Store" ("defendant No. 5"), have filed a stipulation #45 of dismissal with prejudice as to Jorlyen only. Counsel are advised that the Seventh Circuit has held that Rule 41(a) may be used only to dismiss "the whole case." Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001) (other citation omitted)). The proper way to drop fewer than all claims or defendants is to amend the complaint under Fed. R. Civ. P. 15(a). If plaintiff wishes to drop defendant No. 5 by amending his complaint, he is granted leave to file an amended complaint on or before 11/9/2022. If the parties instead want the court immediately to enter a separate judgment dismissing defendant No. 5 with prejudice, they must file a Fed. R. Civ. P. 54(b) motion and show that there is no just reason to delay entry of judgment against defendant No. 5. Mailed notice (mjc, ) |
| Filing 45 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Def No. 5, aka "Jorlyen Store," (Vogt, Keith) |
| NEW PARTIES: NgocPhuong09, Zira-S, LalisaW and biao168 added to case caption. (Bu, Yi) |
| Filing 44 SUMMONS Returned Executed by Luke Combs as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/27/2022, answer due 11/17/2022. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 43 MINUTE entry before the Honorable Joan B. Gottschall: Counsel for plaintiff is reminded that several exhibits and prior iterations of schedule A to the complaint remain sealed. The good cause shown for sealing these documents was limited to the time needed to freeze the defendants' assets. It is unclear why good cause continues to exist. If plaintiff does not wish to have all presently sealed documents unsealed, he must, within the next seven days, show good cause to continue to maintain the seal. Mailed notice (mjc, ) |
| Filing 42 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 10/27/2022. Mailed notice(mjc, ) |
| Filing 41 MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline #39 of 10/26/2022 at 10:30 a.m., the preliminary injunction hearing set for 10/28/2022 is stricken. Plaintiff's motion for preliminary injunction #34 and motion for electronic service of process #36 are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal amended Schedule A to the complaint #27 , amended Exhibit 2 to the declaration of Christopher T. Kappy #28 , and the temporary restraining order #32 . The law firms of JiangIP LLC and Keith Vogt, Ltd., are hereby ordered to add ALL defendant names listed in amended 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 1/6/2023.Mailed notice (mjc, ) |
| Filing 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Jorlyen Store (Gong, Zheng) |
| Filing 39 MINUTE entry before the Honorable Joan B. Gottschall: Any written response to plaintiff's motion #34 for preliminary injunction and Fed. R. Civ. P. 4(f)(3) motion #36 to authorize electronic service of process is due by 10:30 a.m. on 10/26/2022. Any request for a hearing on these motions must be made by 10:30 a.m. on 10/26/2022. A request for hearing must be sent by email to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. The court will rule on the papers if no hearing is requested by the deadline. Mailed notice (mjc, ) |
| Filing 38 MINUTE entry before the Honorable Joan B. Gottschall: Appearing defendant "Jorlyen Store" is directed to file the notification of affiliates required by Local Rule 3.2 on or before 10/26/2022. Mailed notice (mjc, ) |
| Filing 37 MEMORANDUM by Luke Combs in support of motion for miscellaneous relief #36 Plaintiff's Motion for Electronic Service Of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-2, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 36 MOTION by Plaintiff Luke Combs Plaintiff's Motion for Electronic Service Of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Vogt, Keith) |
| Filing 35 MEMORANDUM by Luke Combs in support of motion for preliminary injunction #34 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 34 MOTION by Plaintiff Luke Combs for preliminary injunction (Vogt, Keith) |
| Filing 33 ATTORNEY Appearance for Defendant Jorlyen Store by Zheng Gong (Gong, Zheng) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (khg, ) |
| Filing 32 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 10/14/2022. Mailed notice(mjc, ) |
Filing 31
MINUTE entry before the Honorable Joan B. Gottschall: In response to the objections of non-party eBay Inc. ("eBay"), to the proposed temporary restraining order, plaintiff has amended his complaint #26 and dropped his claims against all defendants associated with eBay. See ECF No. 25 at 2. eBay's objections #21 are therefore overruled as moot, and plaintiff's motion 13 for entry of a sealed temporary restraining order is granted with the exception of the eBay sellers who are no longer defendants. Enter sealed temporary restraining order. Plaintiff's motions for leave to file under seal #11 and for leave to exceed page limitation #12 are granted. A preliminary injunction hearing to be held by teleconference is tentatively set for 10/28/2022 at 10:30 a.m. Due to the COVID-19 pandemic and in accordance with the guidance of Fifth Amended General Order No. 21-0027, 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 to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Christopher T. Kappy and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice (mjc, )
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| Filing 30 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by eBay Inc. Non-Party eBay, Inc.'s Notification of Affiliates and Corporate Disclosure Statement (Bunge, Jonathan) |
| Filing 29 EXHIBIT by Plaintiff Luke Combs 1-4 of Plaintiff's Amended Complaint #26 regarding amended complaint #26 (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4)(Vogt, Keith) |
| Filing 28 SEALED EXHIBIT by Plaintiff Luke Combs Amended Sealed Exhibit 2, Declaration of Christopher T. Kappy regarding exhibit #15 , memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1, of Christopher T. Kappy's declaration)(Vogt, Keith) |
| Filing 27 SEALED DOCUMENT by Plaintiff Luke Combs [Amended] Schedule A to Complaint (1) and Schedule A to Complaint(2) (Vogt, Keith) |
| Filing 26 AMENDED complaint by Luke Combs against The Partnerships and Unincorporated Associations Identified on Schedule A (Vogt, Keith) |
| Filing 25 RESPONSE by Plaintiff Luke Combs to objections #21 (Vogt, Keith) |
| Filing 24 MINUTE entry before the Honorable Joan B. Gottschall: Counsel for non-party eBay Inc. is advised that no further substantive action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before October 14, 2022. Mailed notice (mjc, ) |
| Filing 23 MINUTE entry before the Honorable Joan B. Gottschall: Any response to non-party eBay Inc.'s objections #21 to plaintiff's motion for entry of a temporary restraining order is due on or before 10/14/2022. Mailed notice (mjc, ) |
| Filing 22 DECLARATION of Larry Taylor regarding objections #21 (Bunge, Jonathan) |
| Filing 21 OBJECTIONS Non-Party eBay Inc.'s Objections to Plaintiff's Ex Parte Motion For Entry of a Temporary Restraining Order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Bunge, Jonathan) |
| Filing 20 CERTIFICATE of Service by Plaintiff Luke Combs regarding text entry,,,,,,,, #19 (Vogt, Keith) |
| Filing 19 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion 13 for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion #16 to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until and including October 6, 2022, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party provider may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before October 6, 2022. Plaintiff is ordered to serve the third-party providers with a copy of this order and file a certificate of service on or before October 3, 2022. Additionally, paragraph five of plaintiff's proposed form of temporary restraining order provides, "Upon LUKE COMBS' request, those with notice of this Order, shall within ten (10) business days after receipt of such notice, disable and cease displaying any advertisements used by or associated with Defendants in connection with the sale of counterfeit and infringing goods using the LUKE COMBS Trademarks." Plaintiff does not attempt to justify paragraph five in his memorandum of law supporting his motion for a TRO. Paragraph five cannot be entered insofar as it purports to bind anyone with notice of the order regardless of whether or not the unserved third party is acting in active concert or participation with defendants or is otherwise bound by the TRO under Rule 65(d)(2) of the Federal Rules of Civil Procedure. By no later than October 3, 2022, plaintiff must submit a revised form of temporary restraining order complying with Rule 65(d)(2) to Proposed_Order_Gottschall@ilnd.uscourts.gov. Mailed notice (mjc, ) |
| Filing 18 MAILED to plaintiff(s) counsel Lanham Mediation Program materials(daj, ) |
| Filing 17 MAILED trademark report to Patent Trademark Office, Alexandria VA (daj, ) |
| Filing 16 CERTIFICATE of Service by Keith A. Vogt on behalf of Luke Combs (Vogt, Keith) |
| Filing 15 SEALED EXHIBIT by Plaintiff Luke Combs Sealed Exhibit 2, Declaration of Christopher T. Kappy regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Vogt, Keith) |
| Filing 14 MEMORANDUM in support of 13 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-2, of Keith A. Vogt's declaration, #3 Declaration of Christopher T. Kappy, #4 Exhibit 1, of Christopher T. Kappy's declaration)(Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Luke Combs for leave to file excess pages (Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Luke Combs for leave to file under seal (Vogt, Keith) |
| Filing 10 SEALED DOCUMENT by Plaintiff Luke Combs [Corrected] Schedule A to Complaint #1 & Schedule A to Complaint #2 (Vogt, Keith) |
| Filing 9 ATTORNEY Appearance for Plaintiff Luke Combs by Adam Grodman (Grodman, Adam) |
| Filing 8 ATTORNEY Appearance for Plaintiff Luke Combs by Yi Bu (Bu, Yi) |
| Filing 7 ATTORNEY Appearance for Plaintiff Luke Combs by Yanling Jiang [CORRECTED] (Jiang, Yanling) |
| Filing 6 ATTORNEY Appearance for Plaintiff Luke Combs by Keith A. Vogt [CORRECTED] (Vogt, Keith) |
| Filing 5 ATTORNEY Appearance for Plaintiff Luke Combs by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Luke Combs by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Luke Combs Schedule A to Complaint (1) (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Luke Combs; Filing fee $ 402, receipt number AILNDC-19880108. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| 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. (kra, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (kra, ) |
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