Jeff Bartels v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Jeff Bartels |
| The Partnerships and Unincorporated Associations Identified on Schedule A, YMIX, One DORA, GUANGZHOU JINGBOSHENG TRADE CO., LTD, UGOcase, Cookk and Apoll |
| 1:2023cv03752 |
| June 14, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 36 MINUTE entry before the Honorable Martha M. Pacold: The parties should file a status report by 8/15/2023 on the status of remaining defendants, the status of settlement discussions, and how the parties seek to proceed with this case. (rao, ) |
| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #33 , which seeks to voluntarily dismiss defendants No. 16 KONDRAWI MAZZ; No. 43 Lorto Org; No. 141 Hight speed; No. 137 Feadge; No. 159 DUADELI; No. 101 enoxboo; No. 119 amn-cqq; No. 133 JMH-JP; No. 154 CTG-JP; No. 170 winlejoice; No. 105 YOUHUBUY; No. 73 Sunshare; and No. 153 PRICETAIL 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. 16 KONDRAWI MAZZ; No. 43 Lorto Org; No. 141 Hight speed; No. 137 Feadge; No. 159 DUADELI; No. 101 enoxboo; No. 119 amn-cqq; No. 133 JMH-JP; No. 154 CTG-JP; No. 170 winlejoice; No. 105 YOUHUBUY; No. 73 Sunshare; and No. 153 PRICETAIL 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 form on the docket #34 . (rao, ) |
| Filing 34 Amended Schedule A #2 by Jeff Bartels (Vogt, Keith) |
| Filing 33 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
Filing 32
Order Signed by the Honorable Martha M. Pacold on 7/24/2023: The court has received plaintiff's notice of dismissal #31 , which seeks to voluntarily dismiss defendants No. 129 WB WEIRDBEAST; No. 185 Viandaiz; No. 35 kaurw; No. 110 Nannxiebky; No. 175 Bbhhe; No. 30 NBXNZWF; No. 104 Ounsoong; No. 38 DONNA HOME; No. 33 FMCHICO; No. 188 SkyTown Store; No. 189 '"'; No. 108 Viclowlpfe; No. 120 Dluggs; No. 11 keyilu; No. 117 COLSALE; No. 12 JASME; No. 19 Gloneld; No. 24 Gubotare; No. 193 FHSMYXGS; No. 75 Fancity; No. 107 AKHIOK; No. 31 SOLAWE; No. 23 UNEAO; No. 200 Kzxsfy; No. 2 JINMGG Womens Fashion Store; No. 114 SHUBOWN; No. 155 SUNKOO Direct; No. 68 pudiceva; No. 191 Yun Chen Clothing 7-15 delivery; No. 63 Ayotu Mall-US; No. 96 Yunoble; No. 72 APOLL; No. 91 UGOcase; No. 92 Cookk; No. 64 HAHAZJ; No. 15 Aiungou; No. 14 One DORA; No. 26 GUANGZHOU JINGBOSHENG TRADE CO., LTD; No. 59 Dzmengj Store; and No. 97 LIZPARE 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. 129 WB WEIRDBEAST; No. 185 Viandaiz; No. 35 kaurw; No. 110 Nannxiebky; No. 175 Bbhhe; No. 30 NBXNZWF; No. 104 Ounsoong; No. 38 DONNA HOME; No. 33 FMCHICO; No. 188 SkyTown Store; No. 189 '"'; No. 108 Viclowlpfe; No. 120 Dluggs; No. 11 keyilu; No. 117 COLSALE; No. 12 JASME; No. 19 Gloneld; No. 24 Gubotare; No. 193 FHSMYXGS; No. 75 Fancity; No. 107 AKHIOK; No. 31 SOLAWE; No. 23 UNEAO; No. 200 Kzxsfy; No. 2 JINMGG Womens Fashion Store; No. 114 SHUBOWN; No. 155 SUNKOO Direct; No. 68 pudiceva; No. 191 Yun Chen Clothing 7-15 delivery; No. 63 Ayotu Mall-US; No. 96 Yunoble; No. 72 APOLL; No. 91 UGOcase; No. 92 Cookk; No. 64 HAHAZJ; No. 15 Aiungou; No. 14 One DORA; No. 26 GUANGZHOU JINGBOSHENG TRADE CO., LTD; No. 59 Dzmengj Store; and No. 97 LIZPARE 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 7/28/2023 identifying the remaining defendants. (rao, )
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| Filing 31 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 30 MINUTE entry before the Honorable Martha M. Pacold: Defendants YMIX, One DORA, and GUANGZHOU JINGBOSHENG TRADE CO., LTD's motion for extension of time #25 is granted. Defendants to answer or otherwise plead to the complaint by 8/7/2023. (rao, ) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Defendants Apoll, Cookk, and UGOcases's motion for an extension of time #27 is granted. Defendants to answer or otherwise respond to the complaint by 8/31/2023. (rao, ) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment #22 must enter an appearance and file a written objection by 7/26/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 27 MOTION by Defendants Apoll, Cookk, UGOcase for extension of time to file answer (Bi, Depeng) |
| Filing 26 ATTORNEY Appearance for Defendants UGOcase, Cookk, Apoll by Depeng Bi (Bi, Depeng) |
| Filing 25 MOTION by Defendants GUANGZHOU JINGBOSHENG TRADE CO., LTD, One DORA, YMIX for extension of time (Urbanczyk, Adam) |
| Filing 24 ATTORNEY Appearance for Defendants YMIX, One DORA, GUANGZHOU JINGBOSHENG TRADE CO., LTD by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 23 MEMORANDUM by Jeff Bartels 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 Jeff Bartels for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| 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 6/30/2023. Plaintiff shall serve defendants with this notice. Mailed notice (ags) |
| Filing 20 SUMMONS Returned Executed by Jeff Bartels as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/22/2023, answer due 7/13/2023. (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 MAILED copyright report to Registrar, Washington DC (exr, ) |
| Filing 15 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 6/16/2023: (rao, ) |
| Filing 14 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions ( #9 , #10 , 11 ), the supporting memorandum ( #12 ) and the temporary restraining order, plaintiff's motions for leave to file under seal #9 , for leave to file excess pages #10 , and 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 11 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, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (lm, ) |
| Filing 13 SEALED EXHIBIT by Plaintiff Jeff Bartels Sealed Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 2, Part 1, #2 Exhibit 2, Part 2)(Vogt, Keith) |
| Filing 12 MEMORANDUM In Support of 11 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 10 MOTION by Plaintiff Jeff Bartels for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Jeff Bartels for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| 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 SEALED DOCUMENT by Plaintiff Jeff Bartels Schedule A to Complaint (1) (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Jeff Bartels; Filing fee $ 402, receipt number AILNDC-20735430. (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. (jg, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jg, ) |
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