Quanzhou Minghou Trading Co. LTD. v. The Partnerships And Unincorporated Associations Identified On Schedule A,
| QUANZHOU MINGHOU TRADING CO LTD and Quanzhou Minghou Trading Co. LTD. |
| The Partnerships And Unincorporated Associations Identified On Schedule A,, yuzhen shoes, weishan, wanhee, TIAMOU, Mosha Belle, Quinmok, AprilSpring, Just So So, WONESION, UMYOGO and JSLEAP |
| 1:2023cv00026 |
| January 3, 2023 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 49 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #46 is granted. Defendants TIAMOU, Mosha Belle, Quinmok, AprilSpring, Just So So, WONESION, UMYOGO, and JSLEAP have until 3/8/23 to respond to plaintiff's discovery requests. Plaintiff's response to the motion to vacate the preliminary injunction is now due 3/30/23 and defendants' reply is due 4/13/23. Notices mailed. (psm, ) |
| Filing 48 ENTERED in error. |
| Filing 47 TRANSCRIPT OF PROCEEDINGS held on 02/23/2023 before the Honorable Manish S. Shah. Order Number: 45311. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/23/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 5/31/2023. (Conway, Colleen) |
| Filing 46 MOTION by Defendants AprilSpring, JSLEAP, Just So So, Mosha Belle, Quinmok, TIAMOU, UMYOGO, WONESION for extension of time (Wang, Timothy) |
| Filing 45 ATTORNEY Appearance for Defendants AprilSpring, JSLEAP, Just So So, Mosha Belle, Quinmok, TIAMOU, UMYOGO, WONESION by Tong Jin (Jin, Tong) |
| Filing 44 CERTIFICATE of Service by Plaintiff Quanzhou Minghou Trading Co. LTD. regarding summons returned executed #43 (Wijetilleke, Yasasvin Nandish) |
| Filing 43 SUMMONS Returned Executed by Quanzhou Minghou Trading Co. LTD. as to The Partnerships And Unincorporated Associations Identified On Schedule A, on 2/27/2023, answer due 3/20/2023. (Wijetilleke, Yasasvin Nandish) |
| Filing 42 NOTICE of Voluntary Dismissal by Quanzhou Minghou Trading Co. LTD. Only as to Defendant Number 25 (Wijetilleke, Yasasvin Nandish) |
| SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A, (ak, ) |
| Filing 41 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated on the record, Defendants' motion to vacate preliminary injunction order #37 is entered and continued. Plaintiff shall respond by 3/23/2023. Defendant shall file reply by 4/6/2023. The parties at issue in the motion to vacate should confer about modifying the asset freeze, and may conduct discovery limited to the issues raised in the motion to vacate (until the parties are at issue and answers to the complaint have been filed). Mailed notice. (jlj, ) |
| Filing 40 MOTION by Attorney Jason E. Pepe to withdraw as attorney for Quanzhou Minghou Trading Co. LTD.. No party information provided (Pepe, Jason) |
| Filing 39 NOTICE of Motion by Timothy Tiewei Wang for presentment of motion to vacate #37 before Honorable Manish S. Shah on 2/23/2023 at 09:45 AM. (Wang, Timothy) |
| Filing 38 MEMORANDUM by AprilSpring, JSLEAP, Just So So, Mosha Belle, Quinmok, TIAMOU, UMYOGO, WONESION in support of motion to vacate #37 (Attachments: #1 Exhibit A - Declaration of Xinfa You)(Wang, Timothy) |
| Filing 37 MOTION by Defendants AprilSpring, JSLEAP, Just So So, Mosha Belle, Quinmok, TIAMOU, UMYOGO, WONESION to vacate preliminary injunction #31 (Wang, Timothy) |
| Filing 36 ATTORNEY Appearance for Defendants TIAMOU, Mosha Belle, Quinmok, AprilSpring, Just So So, WONESION, UMYOGO, JSLEAP by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 35 ATTORNEY Appearance for Defendants yuzhen shoes, weishan, wanhee by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 34 NOTICE of Voluntary Dismissal by Quanzhou Minghou Trading Co. LTD. Only as to Defendant Number 13 (Wijetilleke, Yasasvin Nandish) |
| Filing 33 NOTICE of Voluntary Dismissal by Quanzhou Minghou Trading Co. LTD. ONLY AS TO DEFENDANT NUMBER 80 (Wijetilleke, Yasasvin Nandish) |
| Filing 32 NOTICE of Voluntary Dismissal by Quanzhou Minghou Trading Co. LTD. ONLY AS TO DEFENDANT NUMBER 8 FOVSMO (Wijetilleke, Yasasvin Nandish) |
| Filing 31 PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS NUMBERED 1-7, 11-13, 16, 18-32 AND 52-57. Signed by the Honorable Manish S. Shah on 2/7/2023. Notices mailed. (psm, ) |
| Filing 30 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for leave to file under seal #22 is denied. The Clerk's Office is directed to unseal all documents in this matter. The motion for preliminary injunction #23 is granted. No defendants appeared at the hearing to object. Plaintiff has filed a certificate of service clarifying that it provided notice of the motion hearing to defendants. #29 . The court finds that the evidence in support of the TRO also supports the entry of a preliminary injunction. Enter Preliminary Injunction Order. Notices mailed. (psm, ) |
| Filing 29 DECLARATION of Y. NANDISH WIJETILLEKE regarding Sealed motion, #23 for Preliminary Injunction (Attachments: #1 Exhibit A to the Declaration of Y. Nandish Wijetilleke in Support of Plaintiff's Motion for Preliminary Injunction)(Wijetilleke, Yasasvin Nandish) |
| Filing 28 CERTIFICATE of Service by Plaintiff Quanzhou Minghou Trading Co. LTD. regarding SEALED MOTION by Plaintiff Quanzhou Minghou Trading Co. LTD. for Entry of a Preliminary Injunction #23 Supplemental (Wijetilleke, Yasasvin Nandish) |
| Filing 27 MINUTE entry before the Honorable Manish S. Shah: The motion hearing on 2/7/23 will be held in Courtroom 2141. Notices mailed. (psm, ) |
| Filing 26 CERTIFICATE of Service by Plaintiff Quanzhou Minghou Trading Co. LTD. regarding SEALED MOTION by Plaintiff Quanzhou Minghou Trading Co. LTD. for Entry of a Preliminary Injunction #23 (Silver, David) |
| Filing 25 ATTORNEY Appearance for Plaintiff Quanzhou Minghou Trading Co. LTD. by Yasasvin Nandish Wijetilleke (Wijetilleke, Yasasvin Nandish) |
| Filing 24 NOTICE of Motion by Nihat Deniz Bayramoglu for presentment of Sealed motion, #23 before Honorable Manish S. Shah on 2/7/2023 at 09:45 AM. (Bayramoglu, Nihat) |
| Filing 23 MOTION by Plaintiff Quanzhou Minghou Trading Co. LTD. for Entry of a Preliminary Injunction as to Defendants numbered 1-7,11,16, 19-32, 52-57 (Attachments: #1 Supplement Memorandum in Support of Plaintiff's Motion for Entry of Preliminary Injunction, #2 Declaration of N. Bayramoglu in Support of Plaintiff's Motion for Entry of Preliminary Injunction, #3 Exhibit 1 to the Declaration of N. Bayramoglu)(Bayramoglu, Nihat) Modified on 2/10/2023 (jn, ). |
| Filing 22 MOTION by Plaintiff Quanzhou Minghou Trading Co. LTD. to seal Plaintiff's Motion for Entry of Preliminary Injunction and Supporting Documents (Bayramoglu, Nihat) |
| Filing 21 ATTORNEY Appearance for Plaintiff Quanzhou Minghou Trading Co. LTD. by Gokalp Bayramoglu (Bayramoglu, Gokalp) |
| Filing 20 MINUTE entry before the Honorable Manish S. Shah: The motion to extend the Temporary Restraining Order 17 19 is granted. The TRO is extended to 2/9/23. No appearance on 1/25/23 is necessary and the hearing is stricken. Notices mailed. (psm, ) |
| Filing 18 PLAINTIFF'S EX PARTE MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER NOTICE of Motion by Nihat Deniz Bayramoglu for presentment of before Honorable Manish S. Shah on 1/25/2023 at 09:45 AM. (Bayramoglu, Nihat) |
Filing 16
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO DEPOSIT FUNDS INTO COURT REGISTRY. Signed by the Honorable Manish S. Shah on 1/19/2023. Notices mailed. (psm, )
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| check BOND in the amount of $ 80000 posted by Quanzhou Minghou Trading Co. LTD.Recepit#4624281531 (khg, ) |
| Filing 15 MOTION by Plaintiff Quanzhou Minghou Trading Co. LTD. to deposit funds sufficient to secure the requested injunctive relief (Attachments: #1 Exhibit Registry Deposit Information Form)(Bayramoglu, Nihat) |
| Filing 14 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 1/12/2023. Notices mailed. (psm, ) Modified on 2/10/2023 (jn, ). |
| Filing 13 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal, motion for a temporary restraining order, asset restraint, and expedited discovery, and motion for electronic service of process #4 #6 #7 #8 are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction/service of process. An $80,000 bond is sufficient to secure the injunctive relief. The security must be posted by 1/19/23. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| Filing 12 MINUTE entry before the Honorable Manish S. Shah: The motion hearing noticed for 1/12/23 at 8:30 a.m. is stricken because it does not comply with Judge Shah's standing order on motion hearings (motions are heard at 9:45 a.m.). No appearance on the motion is necessary. The court will rule by cm/ecf. Plaintiff must resubmit its proposed TRO by email to proposed_order_shah@ilnd.uscourts.gov and include Schedule A in the TRO. Notices mailed. (psm, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Quanzhou Minghou Trading Co. LTD. by Jason Eric Pepe (Pepe, Jason) |
| Filing 10 NOTICE OF PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, AND EXPEDITED DISCOVERY NOTICE of Motion by Nihat Deniz Bayramoglu for presentment of Sealed motion,, #6 before Honorable Manish S. Shah on 1/12/2023 at 08:30 AM. (Bayramoglu, Nihat) |
| Filing 9 MAILED Patent report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 8 MOTION by Plaintiff QUANZHOU MINGHOU TRADING CO LTD for service by publication (Attachments: #1 Supplement MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3), #2 Declaration Declaration of Nihat Deniz Bayramoglu in Support of Motion for Electronic Service, #3 Exhibit 1 to the Declaration of Nihat Deniz Bayramoglu in Support of Motion for Electronic Service, #4 Exhibit 2 to the Declaration of Nihat Deniz Bayramoglu in Support of Motion for Electronic Service)(Bayramoglu, Nihat) |
| Filing 7 MOTION by Plaintiff QUANZHOU MINGHOU TRADING CO LTD to seal Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order and Supporting Documents (Bayramoglu, Nihat) |
| Filing 6 MEMORANDUM by Plaintiff QUANZHOU MINGHOU TRADING CO LTD IN SUPPORT OF PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, AND EXPEDITED DISCOVERY (Attachments: #1 Declaration of Nihat Deniz Bayramoglu in Support of Ex Parte Motion, #2 Exhibit 1 to the Declaration of Nihat Deniz Bayramoglu in Support of Ex Parte Motion, #3 Exhibit 2 to the Declaration of Nihat Deniz Bayramoglu in Support of Ex Parte Motion, #4 Declaration Declaration of C. WU in Support of Ex Parte Motion)(Bayramoglu, Nihat) Modified on 2/10/2023 (jn, ). |
| Filing 5 COMPLAINT by Plaintiff QUANZHOU MINGHOU TRADING CO LTD (Attachments: #1 Exhibit SEALED Schedule A, #2 Exhibit SEALED EX 1 part 1 of 7, #3 Exhibit SEALED EX 1 part 2 of 7, #4 Exhibit SEALED EX 1 part 3 of 7, #5 Exhibit SEALED EX 1 part 4 of 7, #6 Errata SEALED EX 1 part 5 of 7, #7 Exhibit SEALED EX 1 part 6 of 7, #8 Exhibit SEALED EX 1 part 7 of 7, #9 Exhibit SEALED EX 2, #10 Exhibit SEALED EX 3)(Bayramoglu, Nihat) Modified on 2/10/2023 (jn, ). |
| Filing 4 MOTION by Plaintiff QUANZHOU MINGHOU TRADING CO LTD for leave to file under seal (Attachments: #1 Text of Proposed Order)(Bayramoglu, Nihat) Modified on 2/10/2023 (jn, ). |
| Filing 3 ATTORNEY Appearance for Plaintiff QUANZHOU MINGHOU TRADING CO LTD by Nihat Deniz Bayramoglu (Bayramoglu, Nihat) |
| Filing 2 CIVIL Cover Sheet (Bayramoglu, Nihat) |
| Filing 1 COMPLAINT [Redacted] filed by QUANZHOU MINGHOU TRADING CO LTD ; Jury Demand. Filing fee $ 402, receipt number AILNDC-20196737. (Attachments: #1 Exhibit Schedule A [Redacted] to the Complaint, #2 Exhibit 1 [Placeholder] to the Complaint, #3 Exhibit 2 [Placeholder to the Complaint, #4 Exhibit 3 [Redacted] to the Complaint, #5 Exhibit 4 to the Complaint, #6 Exhibit 5 to the Complaint, #7 Exhibit 6 to the Complaint)(Bayramoglu, Nihat) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (lm, ) |
| 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. (lm, ) |
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