Kate Louise Powell v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Kate Louise Powell |
| The Partnerships and Unincorporated Associations Identified on Schedule A, qujingyangludianzishangwuyouxiangongsi, weijianhuishop, LuTianKe, Bestieship, xielibindhgftiih, dongfangmaohuashangmaoyouxiangongsi, ART ORIGINAL, VUVUTITAO Store, WangXiaoBingNiBing, FESOGO, angshihuanghu, danzhoushihaozhuchencheng, jhyhhrjr, hefeishiyingwushangwenshangmaoyouxiangongsi, haikouliuyangnawangluokejiyouxiangongsi, xinanj, Avant-garde Art Deco HQ, Atc Win Store, ganchenk, Metal Decor Sign Shop, shanxihanyuexiaokejiyouxiangongsi, JIONTIN, Amelinda-Doris, hongtongjuhongwangluokejiyouxiangongsi, Hefei konlun Trading Co., Ltd, Do Kien Trung Store, yangxiaohh, hongxuan01, zhujianxingshycgek, weiaasdhahfdu, binzhouhaozhushoushangmaoyouxiangongsi, tunchangfushoukejiyouxongsi, nanningdongbaomaoyiyouxiangongsi, XQGX, pengjingganghsgeb, Americus35, henantiaoxianshangmaoyouxiangongsi, Changsha Kaiyucheng Trading Co., Ltd., LiNanNanMaoWeiRenNanMeng, nanjinglianshengyuegongyipinmaoyiyouxiangongsi, ART904, ahdc4skcjn, FrankDeBoe Store, wuhanxinxinguoshangmaoyouxiangongsi, shanxifengwangkejiyouxiangongsi333, aocandewenjuyouxiangongsi, haikouweiwumaoyi, LXJPAOSHOP, PHLMYSHOP, Cute D, gbvfcxs, Mehmet Storess, Jianaiyouxuanjiajudian, nSuLiShangMaoYouXianGongSi, GS912, danzhouliguanhuishangmaoyouxiangongsi, Super Durable Sign Shop, Changsha Weiqiyan Trading Co., Ltd, NIQUAS Store, cuifengdai, tangchuanklk, NUFOMO012 Store, Pod Camiler, Happy Nuts Brothers, fjnm5jdikm, Geichi's boutique, GaoXinQuHuShuGuanZhenWeiHaoZhongMuJuJingYingBu, Anhthukutehp1, LUO'Bo, TongShanXianPanSuYunShangMaoYouXianGongSi, zhaosaihfh, qiongqi, Daisyzoey, yujiangqudongnuanxialiangfushidian, WANGPENGGONGSI, Heailey, Virginia Pearl, Shunxin Art Sales Department, One Punch Art Store, zhijianyun, zhengfuxi, LLL ART, Firelight Art Store, sunshine tea wall art, shanxizhumumuxinxijishuzixunyouxiangongsi1, iwenyutianbinshangmaoyouxiango, Crystal Art Head Office Store, Jackie Sign, dongfangwangxinkejiyouxaingongsi, hhhzaiting, Pitfacetee, Lucy Print, tingzhunshangmao, LANH BG SHOP, linchengu, Nguyenphuc Shop, EhipStyles, Liuyang Linpeng Gang E-commerce Co., Ltd, Bestielands, Ideal Appeal, putianshixiuyuquyuetangkaiweibaihuodian, Gil Elvgren, Dressing Wall, Wanababe11 Store, Geuuki-US, LiuYangShiLinHeMaoYiYouXianGongSi, guanlanyang, Hieniunminhh, Home Decoration123, G.N-Amy, CCPARTON, putianshixiuyuquyuetangmeiqiuxiangbaihuoshangdian, THS Design, Bee Family Gift, SleepCare Store, xijiayue, AluhaStore, CCPcanvas, chuxiongkaifaquweisanfanzhocanguang, danzhouqianoudianzishangwuyouxiangongsi, wenchangzhouweiliangshangmaoyouxiangongsi, minh tri SHOP, fgoiufsygfer, shanxilimianmiannxikejiyouxiangongsi, PLOKIJHFE5UJINHWS, Changsha Liangdengshuo Trading Co., Ltd, neimenggukunjianshangmaoyouxianzerengongsi, huangyuyting, wangyanjinpindian, Liam Decor Sign Shop, wanningouyiwankejiyouxiangongsi, Balthasar Shop, VanCloud, TrangTB, ROSES Store, BigClassy, HOANGNAMBSTR, ngodaihianma.shoptmsxs, JSSTradeCo.,Ltd, qingmilanshangmao, QUYNH.STORE1SA, xianxielid, Citron Oar, PVATBL_Store, shenzhenaitaolejuzhuangshiyouxiangongsi, zhangyuanhongshyebg, IMJINAI, guoyangxianshikeshangmaoyouxiangongsi330, Ghostbusters Movie Poster, LQXART, Eflaintes Store, WSETWERSDFSA3ERHTRHTRHYT, AH Sign Store, nzhouchenji, shanmulingkeji, Wangzouhuanshangmao, Huishangmaomi, shanxishenweiqiyeguanliyouxiangongsi, Changsha Zhangguanzheng E-commerce Co., Ltd, QKIODS-HK, NHKTWSSI, INEEDOO, Robina Fancy, NHATSOP, Aimlayton, WOWCUGI, YohiEleanos, changchunshilixiawangluokejiyouxiangongsi5312, Changsha Li Xianru Trading Co., Ltd., L-ong Shine Shop, Putianshichengxiangquguijiaomaoyiyouxiangongsi, LiuYangShiJieCiMaoYiYouXianGongSi, The HCM Store, liusongyangjingpindian, CHENWEIXIANGHUIHUA, dgvdsvbsd, HeZeHeXiCanYinFuWuYouXianGongSi, Diaramusna, HOZZIFY, gujianhaimaoyiyouxianzerengongsi, haikoushicuiyibowangluokejiyouxiangongsi, putianshilichengqufujiaodeMaoyiyouxiangongsi, yun nan chen sen huan jing ke ji you xian gong si, liangshiyishu, Reyno_Orediy, ngxinluzhishangma, BDSHJFFD1DFASHJH, yuhaikeshangmao, LongYanShiMoXinCiMaoYiYouXianGongSi and Shop Vn |
| 1:2023cv00566 |
| January 30, 2023 |
| U.S. District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 3/30/2023. Mailed notice. (kl, ) |
Filing 45
ORDER: The court has reviewed plaintiff's status report #43 . In the court's 3/10/2023 minute entry #26 , it gave all defendants until 3/24/2023 to object to plaintiff's motion for entry of default and default judgment. #22 . No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment #22 . Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount specified in the order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its copyrights causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel, Keith Vogt, Ltd. 33 West Jackson Boulevard, #2W Chicago, IL 60606, via certified mail. Enter Default Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 3/30/2023. Mailed notice. (kl, )
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| Filing 43 STATUS Report Pursuant to #42 by Kate Louise Powell (Vogt, Keith) |
| Filing 42 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report #39 . The status report states that the case "can be terminated at the Court's convenience" once the court enters the proposed default judgment order sent to the court's Proposed Order Box. But the email to which the proposed order is attached states that the court cannot close the case. First, parties should not include substantive points in emails to the court's Proposed Order Box; any substantive points must be made in a filing on the docket so that the record is complete. Second, due to the conflict between the email and the status report, plaintiff is directed to file a status report by 4/5/2023 explaining whether the court can or should close the case if it grants the motion for entry of default and default judgment #22 and enters the proposed default judgment. (rao, ) |
| Filing 41 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's notice of dismissal #38 , which seeks to voluntarily dismiss defendant No. 7 ART ORIGINAL under Rule 41(a)(1). 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 dropping defendant No. 7 ART ORIGINAL from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The operative Schedule A #37 already reflects that ART ORIGINAL has been dismissed. ART ORIGINAL terminated. (rao, ) |
| Filing 40 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notices of dismissal #35 , #36 which seek to voluntarily dismiss a number of defendants under Rule 41(a)(1). 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 dropping the listed defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended Schedule A identifying the remaining defendants #37 . Defendants No. 63 NIQUAS Store; No. 156 IMJINAI; No. 165 Wangzouhuanshangmao; No. 186 CHENWEIXIANGHUIHUA; No. 158 Ghostbusters Movie Poster; No. 184 The HCM Store; No. 55 Mehmet Storess; No. 118 CCPARTON No. 143 VanCloud; No. 152 Citron Oar; and No. 175 Aimlayton terminated. (rao, ) |
| Filing 44 Reply to plaintiff by Vincent Wun. (kl, ) |
| Filing 39 STATUS Report by Kate Louise Powell (Vogt, Keith) |
| Filing 38 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 7 ART ORIGINAL (Vogt, Keith) |
| Filing 37 Amended Schedule A #2 by Kate Louise Powell (Vogt, Keith) |
| Filing 36 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 35 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #32 , which seeks to voluntarily dismiss certain defendants pursuant to Rule 41(a)(1). 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 dropping those defendants from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed the amended Schedule A on the docket #33 . Defendants No. 85 One Punch Art Store; No. 148 JSSTradeCo.,Ltd; No. 160 Eflaintes Store; No. 119 putianshixiuyuquyuetangmeiqiuxiangbaihuoshangdian; and No. 107 putianshixiuyuquyuetangkaiweibaihuodian terminated. (rao, ) |
| Filing 33 Amended Schedule A #2 to Compalint #1 by Kate Louise Powell (Vogt, Keith) |
| Filing 32 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: The court has received a letter from a purported defendant in this case, Vincent Wun #29 . The court cannot discern whether Mr. Wun runs a business listed on the Schedule A form, whether any business on the Schedule A form is his d/b/a, or which of the 200 defendants Mr. Wun either is, or is referring to. The court treats the plaintiff's motion for entry of default and default judgment #22 as opposed as to Mr. Wun, assuming for present purposes that one of the defendants listed on the Schedule A form is his d/b/a. Plaintiff is directed to confer with Mr. Wun and file a status report by 3/28/2023 with an agreed schedule for his response to the motion #22 and plaintiff's reply, or with other information as to how plaintiff intends to proceed against Mr. Wun. (rao, ) |
| Filing 30 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. 14 hefeishiyingwushangwenshangmaoyouxiangongsi; No. 92 iwenyutianbinshangmaoyouxiango; No. 139 wanningouyiwankejiyouxiangongsi; No. 151 xianxielid; No. 161 WSETWERSDFSA3ERHTRHTRHYT; No. 75 LUO'Bo; No. 117 G.N-Amy; No. 120 THS Design; No. 60 Super Durable Sign Shop; No. 138 Liam Decor Sign Shop; No. 176 WOWCUGI; No. 78 qiongqi; No. 145 BigClassy; No. 83 Virginia Pearl; No. 196 Reyno_Orediy; and No. 171 INEEDOO under Rule 41(a)(1). 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 dropping those defendants 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 3/17/2023 identifying the remaining defendants. Defendants No. 14 hefeishiyingwushangwenshangmaoyouxiangongsi; No. 92 iwenyutianbinshangmaoyouxiango; No. 139 wanningouyiwankejiyouxiangongsi; No. 151 xianxielid; No. 161 WSETWERSDFSA3ERHTRHTRHYT; No. 75 LUO'Bo; No. 117 G.N-Amy; No. 120 THS Design; No. 60 Super Durable Sign Shop; No. 138 Liam Decor Sign Shop; No. 176 WOWCUGI; No. 78 qiongqi; No. 145 BigClassy; No. 83 Virginia Pearl; No. 196 Reyno_Orediy; and No. 171 INEEDOO terminated. (rao, ) |
| NEW PARTIES: Shop Vn added to case caption. (Bu, Yi) |
| NEW PARTIES: Reyno_Orediy, ngxinluzhishangma, BDSHJFFD1DFASHJH, yuhaikeshangmao and LongYanShiMoXinCiMaoYiYouXianGongSi added to case caption. (Bu, Yi) |
| Filing 28 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| NEW PARTIES: chuxiongkaifaquweisanfanzhocanguang, danzhouqianoudianzishangwuyouxiangongsi, wenchangzhouweiliangshangmaoyouxiangongsi, minh tri SHOP, fgoiufsygfer, shanxilimianmiannxikejiyouxiangongsi, PLOKIJHFE5UJINHWS, Changsha Liangdengshuo Trading Co., Ltd, neimenggukunjianshangmaoyouxianzerengongsi, huangyuyting, wangyanjinpindian, Liam Decor Sign Shop, wanningouyiwankejiyouxiangongsi, Balthasar Shop, VanCloud, TrangTB, ROSES Store, BigClassy, HOANGNAMBSTR, ngodaihianma.shoptmsxs, JSSTradeCo.,Ltd, qingmilanshangmao, QUYNH.STORE1SA, xianxielid, Citron Oar, PVATBL_Store, shenzhenaitaolejuzhuangshiyouxiangongsi, zhangyuanhongshyebg, IMJINAI, guoyangxianshikeshangmaoyouxiangongsi330, Ghostbusters Movie Poster, LQXART, Eflaintes Store, WSETWERSDFSA3ERHTRHTRHYT, AH Sign Store, nzhouchenji, shanmulingkeji, Wangzouhuanshangmao, Huishangmaomi, shanxishenweiqiyeguanliyouxiangongsi, Changsha Zhangguanzheng E-commerce Co., Ltd, QKIODS-HK, NHKTWSSI, INEEDOO, Robina Fancy, NHATSOP, Aimlayton, WOWCUGI, YohiEleanos, changchunshilixiawangluokejiyouxiangongsi5312, Changsha Li Xianru Trading Co., Ltd., L-ong Shine Shop, Putianshichengxiangquguijiaomaoyiyouxiangongsi, LiuYangShiJieCiMaoYiYouXianGongSi, The HCM Store, liusongyangjingpindian, CHENWEIXIANGHUIHUA, dgvdsvbsd, HeZeHeXiCanYinFuWuYouXianGongSi, Diaramusna, HOZZIFY, gujianhaimaoyiyouxianzerengongsi, haikoushicuiyibowangluokejiyouxiangongsi, putianshilichengqufujiaodeMaoyiyouxiangongsi, yun nan chen sen huan jing ke ji you xian gong si and liangshiyishu added to case caption. (Bu, Yi) |
| NEW PARTIES: zhijianyun, zhengfuxi, LLL ART, Firelight Art Store, sunshine tea wall art, shanxizhumumuxinxijishuzixunyouxiangongsi1, iwenyutianbinshangmaoyouxiango, Crystal Art Head Office Store, Jackie Sign, dongfangwangxinkejiyouxaingongsi, hhhzaiting, Pitfacetee, Lucy Print, tingzhunshangmao, LANH BG SHOP, linchengu, Nguyenphuc Shop, EhipStyles, Liuyang Linpeng Gang E-commerce Co., Ltd, Bestielands, Ideal Appeal, putianshixiuyuquyuetangkaiweibaihuodian, Gil Elvgren, Dressing Wall, Wanababe11 Store, Geuuki-US, LiuYangShiLinHeMaoYiYouXianGongSi, guanlanyang, Hieniunminhh, Home Decoration123, G.N-Amy, CCPARTON, putianshixiuyuquyuetangmeiqiuxiangbaihuoshangdian, THS Design, Bee Family Gift, SleepCare Store, xijiayue, AluhaStore and CCPcanvas added to case caption. (Bu, Yi) |
| NEW PARTIES: Changsha Weiqiyan Trading Co., Ltd, NIQUAS Store, cuifengdai, tangchuanklk, NUFOMO012 Store, Pod Camiler, Happy Nuts Brothers, fjnm5jdikm, Geichi's boutique, GaoXinQuHuShuGuanZhenWeiHaoZhongMuJuJingYingBu, Anhthukutehp1, LUO'Bo, TongShanXianPanSuYunShangMaoYouXianGongSi, zhaosaihfh, qiongqi, Daisyzoey, yujiangqudongnuanxialiangfushidian, WANGPENGGONGSI, Heailey, Virginia Pearl, Shunxin Art Sales Department and One Punch Art Store added to case caption. (Bu, Yi) |
| NEW PARTIES: qujingyangludianzishangwuyouxiangongsi, weijianhuishop, LuTianKe, Bestieship, xielibindhgftiih, dongfangmaohuashangmaoyouxiangongsi, ART ORIGINAL, VUVUTITAO Store, WangXiaoBingNiBing, FESOGO, angshihuanghu, danzhoushihaozhuchencheng, jhyhhrjr, hefeishiyingwushangwenshangmaoyouxiangongsi, haikouliuyangnawangluokejiyouxiangongsi, xinanj, Avant-garde Art Deco HQ, Atc Win Store, ganchenk, Metal Decor Sign Shop, shanxihanyuexiaokejiyouxiangongsi, JIONTIN, Amelinda-Doris, hongtongjuhongwangluokejiyouxiangongsi, Hefei konlun Trading Co., Ltd, Do Kien Trung Store, yangxiaohh, hongxuan01, zhujianxingshycgek, weiaasdhahfdu, binzhouhaozhushoushangmaoyouxiangongsi, tunchangfushoukejiyouxongsi, nanningdongbaomaoyiyouxiangongsi, XQGX, pengjingganghsgeb, Americus35, henantiaoxianshangmaoyouxiangongsi, Changsha Kaiyucheng Trading Co., Ltd., LiNanNanMaoWeiRenNanMeng, nanjinglianshengyuegongyipinmaoyiyouxiangongsi, ART904, ahdc4skcjn, FrankDeBoe Store, wuhanxinxinguoshangmaoyouxiangongsi, shanxifengwangkejiyouxiangongsi333, aocandewenjuyouxiangongsi, haikouweiwumaoyi, LXJPAOSHOP, PHLMYSHOP, Cute D, gbvfcxs, Mehmet Storess, Jianaiyouxuanjiajudian, nSuLiShangMaoYouXianGongSi, GS912, danzhouliguanhuishangmaoyouxiangongsi and Super Durable Sign Shop added to case caption. (Bu, Yi) |
Filing 27
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 3/10/2023. Mailed notice.(kl, )
|
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintiff's motion for entry of default and default judgment #22 under advisement. Any defendant objecting to plaintiff's motion for entry of default and for default judgment #22 must enter an appearance and file a written objection by 3/24/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 25 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/10/2023: (rao, ) |
| Filing 24 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #18 . A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for 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 Exhibit 1 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/instructions. (rao, ) |
| Filing 23 MEMORANDUM by Kate Louise Powell in support of motion for default judgment #22 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 22 MOTION by Plaintiff Kate Louise Powell for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 29 LETTER from Vincent Wun dated 2/17/2023. (Attachments) (kl, ) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #18 under advisement and will consider the motion unopposed if no defendant appears and objects by 3/9/2023. Plaintiff shall serve all defendants with this notice. (rao, ) |
| Filing 20 SUMMONS Returned Executed by Kate Louise Powell as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/15/2023, answer due 3/8/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 19 MEMORANDUM by Kate Louise Powell 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 Kate Louise Powell for preliminary injunction (Vogt, Keith) |
| Filing 17 SURETY BOND in the amount of $ 10,000.00 posted by Kate Louise Powell. (Document not imaged) (td, ) |
| Filing 16 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 2/9/2023: (rao, ) Modified on 3/10/2023 (kl, ). |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal #10 , for electronic service of process, and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 12 are granted. Plaintiff is also granted leave to file excess pages #11 . 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 (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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 (emc, ) |
| Filing 14 EXHIBIT 2, Declaration of Kate Louise Powell by Plaintiff Kate Louise Powell Sealed Exhibit 2, Declaration of Kate Louise Powell regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Vogt, Keith) Modified on 3/10/2023 (kl, ). |
| Filing 13 MEMORANDUM in support of 12 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Kate Louise Powell, #4 Exhibit 1, of Kate Louise Powell's declaration)(Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Kate Louise Powell for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Kate Louise Powell for leave to file under seal (Vogt, Keith) |
| Filing 9 MAILED Copyright report to Registrar, Washington DC (kl, ) |
| 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 Jeffrey Cummings. Case assignment: Random assignment. (kra, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Kate Louise Powell by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Kate Louise Powell by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Kate Louise Powell by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Kate Louise Powell by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Kate Louise Powell by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A to Complaint by Plaintiff Kate Louise Powell Schedule A to Complaint (1) (Vogt, Keith) Modified on 3/10/2023 (kl, ). |
| Filing 1 COMPLAINT filed by Kate Louise Powell; Filing fee $ 402, receipt number AILNDC-20297750. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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