Jeff Bartels v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Jeff Bartels |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Tlovudori, Aremetop, LiuYangShiJieCiMaoYiYouXianGongSi, NYIXIA, LWCDM, UMEETING, HolandNana, CVDVKDKJHFKJIDFD, Christopher BcGehee, lgogvi, dong haijuan, putianshichengxiangquqinmiehuamaoyiyouxiangongsi, FANGCYZI, Vipars, HkauATR, xinkaishengkeji, Lucky520, putianshihanjiangqushengminmaoyishanghang, The C Market, xingyangjia, Berg Hood, yin hongxing, bao longsheng, duweiwaf, PROEVER, adiucmcz, KristiPeterson, TaiGe, lichengqukeyuanbaihuodian, guizhoufengshenghenongyefazhanyouxiangongsi, HVSWAHPOI FEODHMEI, jkfgweeryhrt, chrsan03ma, HeyLi, Benjamin Pigou, XIONGSTORE, HFGHWREYWEYYRTU, RudolphTello, renedianzishangwushop, Consumiao, WangYaBin-shop, yunnanchaoguanzhongfuzhuangyouxiangongsi, Aidikis, zonXzon, liaozilin, Yoiwiiskw552, xiangjianmudianzishangwushop, QuXiangShuiX, pottwal Inc, VSRWASDA JIALE, WEITINGFEI, XIAODEGUO, Smartdollar, hainanshuaisupengmaoyiyouxiangongsi, caichangleidianzishangwu, dongguanjuhongshangmaoyouxianzerengongsi, ximinshangmaohang, xinshaoxianPSZB, chengxiangquxiangchumaoyiyouxiangongsi, hefeiquekuanggenwangfuzhuangyouxiangongsi, MTW Special PC, HODOYO, mingliushudianzishangwu, zhangminchengdianzishangwushop, ZhangXinShop, DingRound, shanghaiyiyunguanggaoyouxiangongsi, yiijianshop, tangyuping, lu ku han, aguoppeng, DongGuiic, QWTGIUN PSMIH KBDU, BAKER_Store, Wknoon, XUTAI, konglinggangdsfaasd, Guojew, lijunpseng, huangysangs, qisngxacxcshcbbvaa, ling jing gui guai store, Happy feifei Store, hongxing E, hms0x829, rongyixxzx, Pcjzgs, RLINGX Dealer, cwj01, cpw01, wyl01, siyushundianzishangwushop, Vaisravana Store, Ringqueens, Marsh Susanna, katangshangmao, haikouxiuyingsuliubaihuodian, Asminifor Direct, DailyLifeArt, FJRUIFGV, yes2ding, Fukeen, Monstary, GERCASE Direct, GTYANXD, ZZXYMX and CuteTHLStore |
| 1:2023cv00432 |
| January 24, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
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| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #36 , which seeks to voluntarily dismiss defendants No. 1 Tlovudori, No. 2 Aremetop, No. 102 Asminifor Direct, No. 106 Fukeen, No. 74 aguoppeng, No. 76 QWTGIUN PSMIH KBDU, No. 13 FANGCYZI, No. 20 xingyangjia, No. 11 dong haijuan, and No. 104 FJRUIFGV under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 1 Tlovudori, No. 2 Aremetop, No. 102 Asminifor Direct, No. 106 Fukeen, No. 74 aguoppeng, No. 76 QWTGIUN PSMIH KBDU, No. 13 FANGCYZI, No. 20 xingyangjia, No. 11 dong haijuan, and No. 104 FJRUIFGV from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A has already been filed separately on the docket #37 . (rao, ) |
| Filing 37 Amended Schedule A #2 to Compalint #1 by Jeff Bartels (Vogt, Keith) |
| Filing 36 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: As to defendant yes2ding: Defendant yes2ding's motion for extension of time to answer plaintiff's complaint #33 is granted. Defendant yes2ding's answer is due by 3/31/2023. (rao, ) |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #30 , which seeks to voluntarily dismiss defendants No. 85 ling jing gui guai store, No. 87 hongxing E, No. 16 xinkaishengkeji, No. 19 The C Market, No. 27 KristiPeterson, No. 79 XUTAI, No. 81 Guojew, No. 35 HeyLi, No. 82 lijunpseng, and No. 7 HolandNana under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 85 ling jing gui guai store, No. 87 hongxing E, No. 16 xinkaishengkeji, No. 19 The C Market, No. 27 KristiPeterson, No. 79 XUTAI, No. 81 Guojew, No. 35 HeyLi, No. 82 lijunpseng, and No. 7 HolandNana from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A has already been filed separately on the docket #31 . (rao, ) |
| Filing 33 MOTION by Defendant yes2ding for extension of time to file answer (Swift, Brian) |
| Filing 32 ATTORNEY Appearance for Defendant yes2ding by Brian Swift (Swift, Brian) |
| Filing 31 Amended Schedule A #2 by Jeff Bartels (Vogt, Keith) |
| Filing 30 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #28 , which seeks to voluntarily dismiss defendants No. 45 Aidikis, No. 78 Wknoon, No. 108 GERCASE Direct, No. 10 lgogvi, No. 18 putianshihanjiangqushengminmaoyishanghang, No. 64 MTW Special PC, No. 70 shanghaiyiyunguanggaoyouxiangongsi, No. 96 Vaisravana Store, No. 4 NYIXIA, No. 37 XIONGSTORE, No. 49 xiangjianmudianzishangwushop, No. 53 WEITINGFEI, No. 62 chengxiangquxiangchumaoyiyouxiangongsi, and No. 51 pottwal Inc under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 45 Aidikis, No. 78 Wknoon, No. 108 GERCASE Direct, No. 10 lgogvi, No. 18 putianshihanjiangqushengminmaoyishanghang, No. 64 MTW Special PC, No. 70 shanghaiyiyunguanggaoyouxiangongsi, No. 96 Vaisravana Store, No. 4 NYIXIA, No. 37 XIONGSTORE, No. 49 xiangjianmudianzishangwushop, No. 53 WEITINGFEI, No. 62 chengxiangquxiangchumaoyiyouxiangongsi, and No. 51 pottwal Inc from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 3/10/2023 identifying the remaining defendants. (rao, ) |
| Filing 28 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment #25 must enter an appearance and file a written objection by 3/14/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 26 MEMORANDUM by Jeff Bartels in support of motion for default judgment #25 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 25 MOTION by Plaintiff Jeff Bartels for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| NEW PARTIES: RLINGX Dealer, cwj01, cpw01, wyl01, siyushundianzishangwushop, Vaisravana Store, Ringqueens, Marsh Susanna, katangshangmao, haikouxiuyingsuliubaihuodian, Asminifor Direct, DailyLifeArt, FJRUIFGV, yes2ding, Fukeen, Monstary, GERCASE Direct, GTYANXD, ZZXYMX and CuteTHLStore added to case caption. (Bu, Yi) |
| NEW PARTIES: zonXzon, liaozilin, Yoiwiiskw552, xiangjianmudianzishangwushop, QuXiangShuiX, pottwal Inc, VSRWASDA JIALE, WEITINGFEI, XIAODEGUO, Smartdollar, hainanshuaisupengmaoyiyouxiangongsi, caichangleidianzishangwu, dongguanjuhongshangmaoyouxianzerengongsi, ximinshangmaohang, xinshaoxianPSZB, chengxiangquxiangchumaoyiyouxiangongsi, hefeiquekuanggenwangfuzhuangyouxiangongsi, MTW Special PC, HODOYO, mingliushudianzishangwu, zhangminchengdianzishangwushop, ZhangXinShop, DingRound, shanghaiyiyunguanggaoyouxiangongsi, yiijianshop, tangyuping, lu ku han, aguoppeng, DongGuiic, QWTGIUN PSMIH KBDU, BAKER_Store, Wknoon, XUTAI, konglinggangdsfaasd, Guojew, lijunpseng, huangysangs, qisngxacxcshcbbvaa, ling jing gui guai store, Happy feifei Store, hongxing E, hms0x829, rongyixxzx and Pcjzgs added to case caption. (Bu, Yi) |
| NEW PARTIES: Tlovudori, Aremetop, LiuYangShiJieCiMaoYiYouXianGongSi, NYIXIA, LWCDM, UMEETING, HolandNana, CVDVKDKJHFKJIDFD, Christopher BcGehee, lgogvi, dong haijuan, putianshichengxiangquqinmiehuamaoyiyouxiangongsi, FANGCYZI, Vipars, HkauATR, xinkaishengkeji, Lucky520, putianshihanjiangqushengminmaoyishanghang, The C Market, xingyangjia, Berg Hood, yin hongxing, bao longsheng, duweiwaf, PROEVER, adiucmcz, KristiPeterson, TaiGe, lichengqukeyuanbaihuodian, guizhoufengshenghenongyefazhanyouxiangongsi, HVSWAHPOI FEODHMEI, jkfgweeryhrt, chrsan03ma, HeyLi, Benjamin Pigou, XIONGSTORE, HFGHWREYWEYYRTU, RudolphTello, renedianzishangwushop, Consumiao, WangYaBin-shop, yunnanchaoguanzhongfuzhuangyouxiangongsi and Aidikis added to case caption. (Bu, Yi) |
| Filing 24 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/16/2023: (rao, ) |
Filing 23
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/16/2023. Mailed notice. (exr, )
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| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #21 . A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for a preliminary injunction #18 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov. (rao, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction #18 under advisement and will consider the motion unopposed if no defendant appears and objects by 2/15/2023. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 20 SUMMONS Returned Executed by Jeff Bartels as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/7/2023, answer due 2/28/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 19 MEMORANDUM by Jeff Bartels in support of motion for preliminary injunction #18 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 18 MOTION by Plaintiff Jeff Bartels for preliminary injunction (Vogt, Keith) |
| Filing 17 SURETY BOND in the amount of $10,000.00 posted by Jeff Bartels (Document not scanned) (exr, ) |
| Filing 16 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/27/2023: (rao, ) Modified on 2/16/2023 (exr, ). |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions ( #10 , #11 , 12 ), the supporting memorandum #13 and the temporary restraining order, plaintiff's motions for leave to file under seal #10 and for leave to file excess pages #11 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 12 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (lm, ) |
| Filing 14 EXHIBIT by Plaintiff Jeff Bartels Sealed Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Vogt, Keith) Modified on 2/16/2023 (exr, ). |
| Filing 13 MEMORANDUM In Support of 12 Ex Parte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, Declaration of Keith Vogt, #3 Declaration of Jeff Bartels, #4 Exhibit 1, Declaration of Jeff Bartels)(Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Jeff Bartels for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Jeff Bartels for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 9 MAILED copyright report to Registrar, Washington DC (exr, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Jeff Bartels by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Jeff Bartels by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Jeff Bartels by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Jeff Bartels by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Jeff Bartels by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 DOCUMENT by Plaintiff Jeff Bartels Schedule A to Complaint (1) (Vogt, Keith) Modified on 2/16/2023 (exr, ). |
| Filing 1 COMPLAINT filed by Jeff Bartels ; Filing fee $ 402, receipt number AILNDC-20270738. (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 Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (kra, ) |
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