Chen v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
| Qi Chen and Defendants 1-42, 44 |
| The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A, Defendant 43, (Defendant 21) Picniva Inc., Zai Ju Fu, (Def. 8) GuangZhouXiaoYuWangLuoYouXianGongSi, (Def. 37) QuanzhoushiXingleXingmeidianzishangwuyouxiangongsi, (Def. 40) qingdaominganranguojimaoyiyouxiangongsi, XingJian LLC, Typk LLC and KWDZ |
| 1:2022cv05530 |
| October 10, 2022 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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| Filing 57 AMENDED Schedule A (Pittaway, Lydia) |
| Filing 56 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion for leave to amend #53 and directs Plaintiff to file its amended complaint, along with its amended Schedule A, by 4/5/23. The 4/5/23 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 55 NOTICE of Motion by Michael Thomas Stanley for presentment of motion for leave to file #53 before Honorable John Robert Blakey on 4/5/2023 at 11:00 AM. (Stanley, Michael) |
| Filing 54 MINUTE entry before the Honorable John Robert Blakey: The Court strikes the 3/29/23 motion hearing date, as Plaintiff has not filed any motion for default judgment. Mailed notice (gel, ) |
| Filing 53 MOTION by Plaintiff Qi Chen for leave to file PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED SCHEDULE A (Attachments: #1 Exhibit One: Proposed Amended Schedule A)(Pittaway, Lydia) |
| Filing 52 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 3/15/2023. No defendants appeared or contacted Chambers regarding any scheduling conflicts. Plaintiff's motion for entry of consent judgment #48 is taken under advisement subject to the submission of the amended revised consent judgment order. Any motion for default shall be noticed for 3/29/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 51 MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion and to accommodate the Court's trial schedule, the 3/15/23 hearing shall proceed at 1:00 p.m. and not at 11:00 a.m. Note time change only. Mailed notice (gel, ) |
| Filing 50 ATTORNEY Appearance for Plaintiff Qi Chen by Michael Thomas Stanley (Stanley, Michael) |
| Filing 49 NOTICE of Motion by Lydia Pittaway for presentment of motion to approve consent judgment, #48 before Honorable John Robert Blakey on 3/15/2023 at 11:00 AM. (Pittaway, Lydia) |
| Filing 48 MOTION by Defendants XingJian LLC, Typk LLC, KWDZ to approve consent judgment (Attachments: #1 Text of Proposed Order, #2 Exhibit Two: Statement of Consent and Proposed Order (Def. No. 32 XingJian LLC), #3 Exhibit Three: Statement of Consent and Proposed Order (Def. No. 30, Typk LLC), #4 Exhibit Four: Statement of Consent and Proposed Order (Def. No. 15, KWDZ))(Pittaway, Lydia) |
| Filing 47 CERTIFICATE of Service by Plaintiff Qi Chen (Pittaway, Lydia) |
| Filing 46 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 Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 45 SECOND AMENDED complaint by Qi Chen against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit Registration)(Pittaway, Lydia) |
| Filing 44 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to file an amended complaint #41 , which appears to allege personal jurisdiction based upon sales in Illinois and not just the maintenance of an interactive website in the state. Plaintiff shall file the amended complaint as a separate docket entry. The Court denies as moot Plaintiff's motion to vacate #42 ; having responded to the Court's order with its motion for leave to amend #41 , Plaintiff complied with the Court's prior order and the motion is unnecessary. The 12/20/22 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 43 NOTICE of Motion by Lydia Pittaway for presentment of motion for leave to file #41 , motion to vacate #42 before Honorable John Robert Blakey on 12/20/2022 at 11:00 AM. (Pittaway, Lydia) |
| Filing 42 MOTION by Plaintiff Qi Chen to vacate order requiring submission of motion for preliminary injunction, or in the alternative, for extension of time and incorporated memorandum of law (Pittaway, Lydia) |
| Filing 41 MOTION by Plaintiff Qi Chen for leave to file Second Amended Complaint (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Supplement Unreported Cases)(Pittaway, Lydia) |
| Filing 40 MINUTE entry before the Honorable John Robert Blakey: On 11/10/22, this Court denied Plaintiff's motion for preliminary injunction based upon concerns about personal jurisdiction. See #37 . At that time, the Court advised Plaintiff that if it could offer additional facts to support the exercise of personal jurisdiction and the maintenance of this lawsuit here, it could seek reconsideration. To date, Plaintiff has taken no action in response to the Court's order. If Plaintiff fails to respond by 12/6/22, the Court will assume that Plaintiff cannot support the exercise of personal jurisdiction and dismiss the case. The Court denies without prejudice Defendants' motions to set a briefing schedule #38 and motion to extend time #39 . Unless and until Plaintiff makes some showing that personal jurisdiction exists here, the Court will not require Defendants to appear and defend. Mailed notice (gel, ) |
| Filing 39 MOTION by Defendants (Def. 37) QuanzhoushiXingleXingmeidianzishangwuyouxiangongsi, (Def. 40) qingdaominganranguojimaoyiyouxiangongsi, (Def. 8) GuangZhouXiaoYuWangLuoYouXianGongSi, (Defendant 21) Picniva Inc. for extension of time to file answer regarding amended complaint #5 Unopposed Motion to Set Deadline to Answer or Otherwise Plead (Konieczny, Daniel) |
| Filing 38 MOTION by Defendants (Def. 37) QuanzhoushiXingleXingmeidianzishangwuyouxiangongsi, (Def. 40) qingdaominganranguojimaoyiyouxiangongsi, (Def. 8) GuangZhouXiaoYuWangLuoYouXianGongSi to set a briefing schedule (Konieczny, Daniel) |
| Filing 37 MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in Plaintiff's motion for preliminary injunction, the Court denies as moot Defendant's motion to dismiss #31 . On 11/8/22, this Court denied Plaintiff's preliminary injunction motion, in part, because of jurisdictional concerns raised in the motion to dismiss. Plaintiff now renews its motion for preliminary injunction arguing that, with the motion to dismiss resolved as moot, nothing has changed since the Court entered the TRO, thereby justifying the entry of a preliminary injunction. But something has changed: Plaintiff's representations concerning personal jurisdiction. In its initial motion Plaintiff represented that its investigation established that Defendants are using various storefronts on, at least, the Walmart.com ecommerce platform, to sell products to consumers in the United States and the State of Illinois, including the Northern District of Illinois, and that Defendants sell retail items through these platforms by marketing, advertising and soliciting sales using the Chen Works without permission. #12 at 3. Such alleged conduct provided the ostensible basis for this Court's personal jurisdiction over Defendants, see #17 at 1 ("This Court further finds that it has personal jurisdiction over the defendants since the defendants directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants are reaching out to do business with Illinois residents by operating one or more commercial, interactive internet stores through which Illinois residents can and do purchase products utilizing Plaintiff's photography series 'Chen Works.'"); #30 at 1 (same). In the current motion, Plaintiff fails to specifically address personal jurisdiction, but the related proposed preliminary injunction order (submitted by the Plaintiff per this Court's order) now bases personal jurisdiction on a new representation: "Defendants are reaching out to do business with Illinois residents by advertising, marketing, and displaying on Defendants' commercial, interactive internet stores in violation of Plaintiff's Copyright Registration No. VA2-301-296." But the maintenance of an interactive website, without more, is not enough to confer personal jurisdiction over foreign defendants with no other connection to the forum state. See, e.g., Illinois v. Hemi Grp. LLC, 622 F.3d 754, 760 (7th Cir. 2010) (Maintaining an interactive website accessible in the forum state alone does not establish purposeful availment); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014)("Having an 'interactive website' (which hardly rules out anything in 2014) should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."). The law in this area is clear. For example, in Hemi, the court found more than a website accessible in the forum state, noting the operation of a website that sold to customers in every state (except New York), and the existence of personal jurisdiction over a defendant who actually sold 300 packs of cigarettes to Illinois customers via that website. 622 F.3d at 755-58. The 7th Circuit has also found personal jurisdiction where a defendant seller offers the forum state as a "ship to" option. Curry v. Revolution Laboratories, LLC, 949 F.3d 385, 399 (7th Cir. 2020) (Given the ship to function, the court found personal jurisdiction because "the defendant reasonably could foresee that its product would be sold in the forum."). Likewise, in NBA Properties, Inc. v. HANWJH, 46 F.4th 614, 622, 624 (7th Cir. 2022), the court held that jurisdiction was proper because the defendant had "established an online store, using a third-party retailer, Amazon.com. Through this online store, it unequivocally asserted a willingness to ship goods to Illinois and established the capacity to do so. When an order was placed, it filled the order, intentionally shipping an infringing product to the customer's designated Illinois address." See also Richardson v. Kharbouch, No. 19 C 02321, 2020 WL 1445629, at *4 (N.D. Ill. Mar. 25, 2020) ("It is true that the Seventh Circuit has cautioned courts to 'be careful in resolving questions about personal jurisdiction involving online contacts to ensure that a defendant is not haled into court simply because the defendant owns or operates an interactive website... accessible in the forum state.'... Richardson does not suggest only that Kharbouch operated an interactive website accessible in Illinois; rather, he offers some evidence that Kharbouch used an interactive website to sell Illinois consumers a song that violates federal copyright law. If true, then these facts would show that the Defendants' 'offending activities significantly related to the forum state,' thus allowing the exercise of specific jurisdiction.")(citing Matlin v. Spin Master Corp., 921 F.3d 701, 706 (7th Cir. 2019)); uBID, Inc. v. GoDaddy Group, Inc., 623 F.3d 421, 424, 428 (7th Cir. 2010) (reversing a dismissal for want of personal jurisdiction where defendant directed an advertising campaign at the entire nation, including at the forum state, and generated significant revenue from forum customers). Given the current record, it appears Plaintiff seeks to hale Defendants into the Northern District of Illinois based upon nothing more than the maintenance of websites accessible in Illinois, but this remains insufficient to justify the injunctive relief Plaintiff seeks. Therefore, this Court denies Plaintiff's motion #33 . If Plaintiff can offer additional facts to support the exercise of personal jurisdiction and the maintenance of this suit here, it may seek reconsideration of today's ruling. Mailed notice (gel, ) |
| Filing 36 ATTORNEY Appearance for Defendant (Def. 40) qingdaominganranguojimaoyiyouxiangongsi by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 35 ATTORNEY Appearance for Defendant (Def. 37) QuanzhoushiXingleXingmeidianzishangwuyouxiangongsi by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 34 ATTORNEY Appearance for Defendant (Def. 8) GuangZhouXiaoYuWangLuoYouXianGongSi by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 33 MOTION by Plaintiff Qi Chen for preliminary injunction (Amended) (Pittaway, Lydia) |
| Filing 32 MINUTE entry before the Honorable John Robert Blakey: Telephonic motion hearing held on 11/8/2022. Defendants 21, 8, 37 and 40 appeared thru counsel for today's hearing. Defendant's motion to dismiss #31 is taken under advisement. For the reasons stated in open court, Defendant Picniva's oral motion to vacate the TRO is denied and Plaintiff's motion for preliminary injunction #20 is denied without prejudice. Plaintiff's counsel shall file an amended motion for preliminary injunction (which includes any response to #31 ) by 11/10/2022 or earlier, and shall submit an update proposed order consistent with this Court's standing orders. Mailed notice (gel, ) |
| Filing 31 MOTION by Defendant Zai Ju Fu to dismiss Plaintiff's complaint and dissolve restraining order. (aee, ) |
| Filing 30 SEALED ORDER Signed by the Honorable John Robert Blakey on 11/7/2022. Mailed notice(gel, ) |
| Filing 29 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by (Defendant 21) Picniva Inc. (Konieczny, Daniel) |
| Filing 28 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to amend/correct #18 and motion to extend the TRO entered 10/14/22 #19 . Enter Amended TRO. This TRO shall expire 11/10/22. The 11/8/22 hearing on Plaintiff's motion for preliminary injunction shall proceed via telephone. Counsel and any interested parties shall call into 877-402-9753 and utilize participant code 9955840. Members of the public and media will be able to call in to listen to this hearing. 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. Mailed notice (gel, ) |
| Filing 27 MINUTE entry before the Honorable John Robert Blakey: Oral motion to convert 11/8/2022 in-person motion hearing to a telephonic motion hearing is granted. Counsel/Parties shall call into 877-402-9753 and utilize participant code 9955840. 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. Mailed notice (gel, ) |
| Filing 26 ATTORNEY Appearance for Defendant (Defendant 21) Picniva Inc. by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 25 CERTIFICATE of Service by Plaintiff Qi Chen regarding notice of motion #21 , MOTION by Plaintiff Qi Chen for preliminary injunction #20 as to Defendant 43 (Pittaway, Lydia) |
| Filing 24 SUMMONS Returned Executed by Qi Chen as to Defendant 43 on 11/2/2022, answer due 11/23/2022. (Pittaway, Lydia) |
| Filing 23 CERTIFICATE of Service by Plaintiff Qi Chen regarding notice of motion #21 , MOTION by Plaintiff Qi Chen for preliminary injunction #20 as to Defendants 1-42, 44 (Pittaway, Lydia) |
| Filing 22 SUMMONS Returned Executed by Qi Chen as to Defendants 1-42, 44 on 11/2/2022, answer due 11/23/2022. (Pittaway, Lydia) |
| Filing 21 NOTICE of Motion by Lydia Pittaway for presentment of motion for preliminary injunction #20 , motion to amend/correct #18 before Honorable John Robert Blakey on 11/8/2022 at 11:00 AM. (Pittaway, Lydia) |
| Filing 20 MOTION by Plaintiff Qi Chen for preliminary injunction (Pittaway, Lydia) |
| SUMMONS Issued as to Defendant The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A (jb, ) |
| Filing 19 MOTION by Plaintiff Qi Chen for temporary restraining order Extension of Fourteen (14) Days (Pittaway, Lydia) |
| Filing 18 MOTION by Plaintiff Qi Chen to amend/correct SEALED Order #17 (Pittaway, Lydia) |
| Filing 17 SEALED ORDER Signed by the Honorable John Robert Blakey on 10/14/2022. Mailed notice(gel, ) |
| Filing 16 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 #10 and motion for electronic service of process #11 . The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order #12 . Enter sealed temporary restraining order. Absent further order, this TRO will expire on 10/27/22. Mailed notice (gel, ) |
| Filing 15 MAILED copyright report to Registrar, Washington DC. (aee, ) |
| Filing 14 ATTORNEY Appearance for Plaintiff Qi Chen by Charles Edward McElvenny (McElvenny, Charles) |
| Filing 13 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Robert Blakey for all further proceedings pursuant to 28:294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 10/12/22. (aee, ) |
| Filing 12 MOTION by Plaintiff Qi Chen for temporary restraining order (Attachments: #1 Supplement Unreported Cases)(Pittaway, Lydia) |
| Filing 11 MOTION by Plaintiff Qi Chen Motion for Electronic Service of Process Pursuant to Fed. R. Civ P. 4(f)(3) (Attachments: #1 Supplement Unreported Cases)(Pittaway, Lydia) |
| Filing 10 MOTION by Plaintiff Qi Chen to seal Doc. 3, 6, 8, and 9 (Pittaway, Lydia) |
| Filing 9 SEALED DOCUMENT by Plaintiff Qi Chen Exhibit 3 to the Declaration of Qi Chen--Screenshot Evidence of Infringement (Pittaway, Lydia) |
| Filing 8 SEALED DOCUMENT by Plaintiff Qi Chen Exhibit 2 to the Declaration of Qi Chen--Sealed Schedule A (Pittaway, Lydia) |
| Filing 7 DECLARATION of Qi Chen (Attachments: #1 Exhibit 1: Registration)(Pittaway, Lydia) |
| Filing 6 SEALED DOCUMENT by Plaintiff Qi Chen Exhibit Two to the First Amended Complaint--Sealed Schedule A (Pittaway, Lydia) |
| Filing 5 AMENDED complaint by Qi Chen against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit One: Registration)(Pittaway, Lydia) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (ak, ) |
| 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. (ak, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Qi Chen by Lydia Pittaway (Pittaway, Lydia) |
| Filing 3 SEALED DOCUMENT by Plaintiff Qi Chen Exhibit Two to the Complaint--Sealed Schedule A (Pittaway, Lydia) |
| Filing 2 CIVIL Cover Sheet (Pittaway, Lydia) |
| Filing 1 COMPLAINT filed by Qi Chen; Jury Demand. Filing fee $ 402, receipt number AILNDC-19925723. (Attachments: #1 Exhibit Registration)(Pittaway, Lydia) |
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