SoClean, Inc. v. Does 1-292, As Identified in Exhibit 2
| SoClean, Inc. |
| Does 1-292, As Identified in Exhibit 2, Aulexma Direct, TurbClean, AEXTED, LAQRITE and JWYN |
| 1:2023cv02701 |
| May 1, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
Docket Report
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| Filing 41 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #39 is granted. Defendants No. 63 Mei Yi Technology; No. 66 ONAMOR; No. 68 PODAHO STORE; No. 70 Pure cleaner; No. 91 *magnum*; No. 95 barrog7121; No. 97 bhan6337; No. 98 bigbluewholesale2020; No. 99 burnerworld8888; No. 100 cakemol8; No. 101 castore2; No. 103 danny224u; No. 104 digitalarthas; No. 106 dlodude; No. 108 finalsavings; No. 110 greenjagua; No. 111 grownfolk86; No. 115 jarow9671; No. 116 jesstan_8664; No. 117 jo3modetreasures; No. 118 joojix; No. 119 karlie36; No. 120 kingandprince; No. 121 leadingtrends; No. 122 lesbri_1037; No. 123 linkasworld; No. 124 martinmanza; No. 125 max_warehouse; No. 127 moderntrendy; No. 128 natagrom; No. 129 navna2026; No. 130 netgoodsllc; No. 131 neverever2468_0; No. 132 nitrorcteam; No. 133 online_upcycle; No. 134 outstandingdeal; No. 135 pens_n_more; No. 136 poquitogreen2012; No. 137 r-b-electronic; No. 141 sav_chak; No. 142 savoriasbestbuys; No. 143 sunnysundries; No. 144 supplyfully; No. 145 sura_shop; No. 148 transnational2014; No. 150 vevive; No. 151 wilbay007; No. 152 zip2012-2012; No. 158 bingyang; No. 159 bjmcc; No. 167 daiwu2019; No. 179 fashion sexy shopping; No. 199 lehang8899; No. 206 malinfande; No. 212 nuoya002; No. 213 Onamor Official Store; No. 231 tinghutii; and No. 256 zhangjianru0 are terminated. Plaintiff has already filed an amended Schedule A on the docket #40 . (rao, ) |
| Filing 40 Amended Schedule A by SoClean, Inc. (Keener, Kevin) |
| Filing 39 MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) |
| Filing 38 REPLY by Defendant Does 1-292, As Identified in Exhibit 2 to motion for miscellaneous relief #28 (CHOICEONE'S REPLY IN SUPPORT OF ITS OPPOSED MOTION TO RECOVER SOCLEAN'S TRO BOND) (Attachments: #1 Exhibit A-Declaration)(Hoolihan, Joseph) |
| Filing 37 RESPONSE by SoClean, Inc.in Opposition to MOTION by Defendant Does 1-292, As Identified in Exhibit 2 CHOICEONE'S MOTION TO RECOVER SOCLEAN'S TRO BOND (OPPOSED) #28 (Attachments: #1 Declaration of Kevin Keener, #2 Exhibit 1 to Declaration of Kevin Keener, #3 Exhibit 2 to Declaration of Kevin Keener, #4 Exhibit 3 to Declaration of Kevin Keener)(Keener, Kevin) |
| Filing 36 ANSWER to amended complaint by JWYN (rp, ) |
| Filing 35 ANSWER to amended complaint by LAQRITE(Xiao, Haipeng) |
| Filing 34 ATTORNEY Appearance for Defendant LAQRITE by Haipeng Xiao (Xiao, Haipeng) |
| Filing 33 ANSWER to amended complaint by TurbClean(Xiao, Haipeng) |
| Filing 32 ANSWER to amended complaint by Aulexma Direct(Xiao, Haipeng) |
| Filing 31 ANSWER to amended complaint by AEXTED(Xiao, Haipeng) |
| Filing 30 ATTORNEY Appearance for Defendants Aulexma Direct, TurbClean, AEXTED by Haipeng Xiao (Xiao, Haipeng) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to defendant Choice One Medical d/b/a CPAP Life's motion to recover plaintiff's temporary restraining order bond #28 is due by 6/15/2023. Any reply is due by 6/22/2023. (rao, ) |
| Filing 28 MOTION by Defendant Does 1-292, As Identified in Exhibit 2 CHOICEONE'S MOTION TO RECOVER SOCLEAN'S TRO BOND (OPPOSED) (Attachments: #1 Declaration)(Hoolihan, Joseph) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A #23 is granted. Defendant No. 37 CPAP LIFE is dismissed. Plaintiff has already filed an amended Schedule A on the docket. #24 . (rao, ) |
| Filing 26 ATTORNEY Appearance for Defendant Does 1-292, As Identified in Exhibit 2 by Joseph L. Hoolihan Appearance on behalf of Choice One Medical dba CPAP LIFE (Hoolihan, Joseph) |
| Filing 25 ATTORNEY Appearance for Defendant Does 1-292, As Identified in Exhibit 2 by A Colin Wexler Appearance on behalf of Choice One Medical dba CPAP LIFE (Wexler, A) |
| Filing 24 Amended Schedule A by SoClean, Inc. (Keener, Kevin) |
| Filing 23 MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) |
| Filing 22 First AMENDED complaint by SoClean, Inc. against Does 1-292, As Identified in Exhibit 2 (Attachments: #1 Exhibit Schedule A, #2 Certificate of Service)(Keener, Kevin) |
| 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 5/30/2023. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 20 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #16 , which seeks to voluntarily dismiss defendants No. 1 3-C Digital technique Store; No. 2 AB35 Store; No. 3 Adventure Store; No. 4 AJ29 Store; No. 5 Allseason E-medical Store; No. 6 BABM digital Store; No. 7 Beautiful world 8866 Store; No. 8 Besthealth Store; No. 9 Black bears Expert Store; No. 10 Cosy Daily Store; No. 11 Cozy Life Cozy You Store; No. 12 Direct production of boutiques Store; No. 13 EE-Instrument Store; No. 14 EECHI Official Store; No. 15 HealthBeautyWholesale Store; No. 16 High Grade 3CMart Store; No. 17 Intelligence Life Store; No. 18 Lisan Store; No. 19 Medicine Department Store; No. 20 NewTime2016 Store; No. 21 Shenzhen BetterAffordable Store; No. 22 Shop3222037 Store; No. 23 Think different Store; No. 24 TLS-TECH Store; No. 93 allguest; No. 98 bigbluewholesale2020; No. 139 rcrenew; and No. 147 tradingcompanype 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 3-C Digital technique Store; No. 2 AB35 Store; No. 3 Adventure Store; No. 4 AJ29 Store; No. 5 Allseason E-medical Store; No. 6 BABM digital Store; No. 7 Beautiful world 8866 Store; No. 8 Besthealth Store; No. 9 Black bears Expert Store; No. 10 Cosy Daily Store; No. 11 Cozy Life Cozy You Store; No. 12 Direct production of boutiques Store; No. 13 EE-Instrument Store; No. 14 EECHI Official Store; No. 15 HealthBeautyWholesale Store; No. 16 High Grade 3CMart Store; No. 17 Intelligence Life Store; No. 18 Lisan Store; No. 19 Medicine Department Store; No. 20 NewTime2016 Store; No. 21 Shenzhen BetterAffordable Store; No. 22 Shop3222037 Store; No. 23 Think different Store; No. 24 TLS-TECH Store; No. 93 allguest; No. 98 bigbluewholesale2020; No. 139 rcrenew; and No. 147 tradingcompanype 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 5/26/2023 identifying the remaining defendants. (rao, ) |
| Filing 19 MEMORANDUM by SoClean, Inc. in support of motion for preliminary injunction #18 (Attachments: #1 Declaration of Kevin Keener, #2 Exhibit 1 to Declaration of Kevin Keener)(Keener, Kevin) |
| Filing 18 MOTION by Plaintiff SoClean, Inc. for preliminary injunction (Keener, Kevin) |
| Filing 17 SUMMONS Returned Executed by SoClean, Inc. as to Does 1-292, As Identified in Exhibit 2 on 5/22/2023, answer due 6/12/2023. (Keener, Kevin) |
| Filing 16 NOTICE of Voluntary Dismissal by SoClean, Inc. without prejudice of certain defendants (Keener, Kevin) |
| SUMMONS Issued as to Defendant Does 1-292, As Identified in Exhibit 2 (smb, ) |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO #14 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO #12 entered on 5/2/2023 is extended until 5/25/2023. Mailed notice (smm) |
| Filing 14 MOTION by Plaintiff SoClean, Inc. for extension of time to Temporary Restraining Order (Keener, Kevin) |
| Filing 13 INJUNCTION BOND in the amount of $ 10,000 posted by SoClean, Inc. (Document not scanned) (rp, ) |
| Filing 12 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/2/2023: (rao, ) |
| Filing 11 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions ( #6 , #7 , #8 ), the supporting memorandum #9 and the temporary restraining order, plaintiff's motions for leave to file under seal #6 , for leave to file excess pages #7 ] and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process #8 are 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, ) |
| Filing 10 MAILED Patent Request Letter to Plaintiff's counsel Kevin John Keener. (rp, ) |
| Filing 9 SEALED DOCUMENT by Plaintiff SoClean, Inc. Memorandum in Support of Plaintiff's Motion for TRO (Attachments: #1 Declaration of Mark Gavin, #2 Declaration of William Gregory, #3 Exhibit 1 to Declaration of William Gregory, #4 Exhibit 2 to Declaration of William Gregory, #5 Declaration of Kevin Keener, #6 Exhibit 1 to Declaration of Kevin Keener, #7 Exhibit 2 to Declaration of Kevin Keener)(Keener, Kevin) |
| Filing 8 MOTION by Plaintiff SoClean, Inc. for temporary restraining order asset restraining order, expedited discovery order, and service of process by email (Keener, Kevin) |
| Filing 7 MOTION by Plaintiff SoClean, Inc. for leave to file excess pages for Plaintiff's Memorandum in Support for TRO (Keener, Kevin) |
| Filing 6 MOTION by Plaintiff SoClean, Inc. to seal document sealed document, #2 Memorandum in Support of Plaintiff's Motion for TRO (Keener, Kevin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SoClean, Inc. (Keener, Kevin) |
| Filing 4 ATTORNEY Appearance for Plaintiff SoClean, Inc. by Kevin John Keener (Keener, Kevin) |
| Filing 3 CIVIL Cover Sheet (Keener, Kevin) |
| Filing 2 SEALED DOCUMENT by Plaintiff SoClean, Inc. Exhibit 1 to Complaint (Attachments: #1 Exhibit 2- part 1 of 7, #2 Exhibit 2- part 2 of 7, #3 Exhibit 2- part 3 of 7, #4 Exhibit 2- part 4 of 7, #5 Exhibit 2- part 5 of 7, #6 Exhibit 2- part 6 of 7, #7 Exhibit 2- part 7 of 7, #8 Exhibit 3, #9 Exhibit 4)(Keener, Kevin) |
| Filing 1 COMPLAINT filed by SoClean, Inc.; Filing fee $ 402, receipt number AILNDC-20589581. (Attachments: #1 Exhibit 1, 2, 3, 4 under seal)(Keener, Kevin) |
| 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 M. David Weisman. Case assignment: Random assignment. (kra, ) |
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