Fletcher et al v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Bryan Fletcher and Garrett Fletcher |
| The Partnerships and Unincorporated Associations Identified on Schedule A, A pleasant trip Store, Anju Fashion Home Textiles 3 Store, Anju Fashion Home Textiles 6 Store, Anju Fashion Home Textiles 8 Store Store, Brilliant Fun Party Store, Brilliant Trip Store, ChildrenLife Store, CYXW Store, Dear friend stickers Store, Factory Starts to Sell Online Store, FAFAFREE Store, GGYY Store, JACK WALL DEC Store, L-PD-5 Store, Lucky Tiger Store Store, Meiyidakuajing Store, Mi 3 Store, Otisbaby Store, Printly studios Store, Shop1102786856 Store, Shop1102809030 Store, Short Uncles Store Store, Stickers Emotions Store, Toy Aholic Store, Toy Day Store, Un Nameable Toy Store, U-party Store, Xiao Zhou toy Store, AAHR80EL3O37Q, asbdyuqgfdgqqweqwe, bijwqebiugq, Catsticker, CCD LLC, chengmaixun, chenzan, CHUANCHENGJIAJU, FU JIE J, fuaibaihuo, GuoDongShengUS, haikouyuzhengmaoyiyouxianzerengongsi, hanhongyudedianpu, HeefA LLC, hiping-us, huangqiminhg, HurenmingUS, HutaoUS, jiujiangchensayi, JUNJIEJIE, LanBaoT, lijunjiegywsgh, Liu Zixing, LiuHaoUS, Manmiao, MARY SHORE, mayanjundianpu, MingLi Lan, New XYZ, Qlshs, shanxifenglangyuanlianshangmaoyouxiangongsi, songyuanshijiahuikejiyouxiangongsi, TigeeeeR, Tors, Wanzaixiantihuobaihuodian, WhiteT, XiakiCun, XIE-MANHONG, yangrongrongmeironghulidian, yansgyunheng, YBDZSW, yingshengshangmaoyouxiangongsi, ZZHLY, aiwatradingtoysgifts, Betty Sublimation, elapp, flowery888, good_for_life, jamesok, long10, meck, nbajerseys2023, paco_cha, qwas584, SOGOOD, sts_013, sunmouldcompanyltd, us_california, us_oregon, anqingfafushang0, hmlb2226429yo6, huading90, ryjlb380nadc6, wuzhen568, Anhui YSW F&T Media, Anahilly Toys, Barry Alboum, California Clutch & Gear, cuixiaoyi1196, dec-LIFE-cor, Erfan Ghavampour, Evans Would Fashion, guozhichuangshi, huanhxhay, jianpengbo9990, liuchao886699, qingzhulongsheng, Tesorero, Wang Song Shop, weiudyrhru, Wild Bunch, XiaMen Lebo LTD, zhanghongqun; and zhaoshilans |
| 1:2023cv04324 |
| July 6, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| None |
Docket Report
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| Filing 36 CERTIFICATE of Service by Plaintiffs Bryan Fletcher, Garrett Fletcher per #35 (Attachments: #1 Exhibit A)(Talhami, Trevor) |
| Filing 35 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #32 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before September 7, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. (jlj, ) |
| Filing 34 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #33 (Attachments: #1 Exhibit 1)(Joseph, Justin) |
| Filing 33 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for entry of default,, motion for default judgment, #32 (Attachments: #1 Exhibit 1)(Joseph, Justin) |
| Filing 32 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for entry of default , MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for default judgment as to all Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 31 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants (Joseph, Justin) |
| Filing 30 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants (Joseph, Justin) |
| Filing 29 SUMMONS Returned Executed by Garrett Fletcher, Bryan Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/4/2023, answer due 8/25/2023. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 28 NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to certain defendants (Joseph, Justin) |
| NEW PARTIES: A pleasant trip Store, Anju Fashion Home Textiles 3 Store, Anju Fashion Home Textiles 6 Store, Anju Fashion Home Textiles 8 Store Store, Brilliant Fun Party Store, Brilliant Trip Store, ChildrenLife Store, CYXW Store, Dear friend stickers Store, Factory Starts to Sell Online Store, FAFAFREE Store, GGYY Store, JACK WALL DEC Store, L-PD-5 Store, Lucky Tiger Store Store, Meiyidakuajing Store, Mi 3 Store, Otisbaby Store, Printly studios Store, Shop1102786856 Store, Shop1102809030 Store, Short Uncles Store Store, Stickers Emotions Store, Toy Aholic Store, Toy Day Store, Un Nameable Toy Store, U-party Store, Xiao Zhou toy Store, AAHR80EL3O37Q, asbdyuqgfdgqqweqwe, bijwqebiugq, Catsticker, CCD LLC, chengmaixun, chenzan, CHUANCHENGJIAJU, FU JIE J, fuaibaihuo, GuoDongShengUS, haikouyuzhengmaoyiyouxianzerengongsi, hanhongyudedianpu, HeefA LLC, hiping-us, huangqiminhg, HurenmingUS, HutaoUS, jiujiangchensayi, JUNJIEJIE, LanBaoT, lijunjiegywsgh, Liu Zixing, LiuHaoUS, Manmiao, MARY SHORE, mayanjundianpu, MingLi Lan, New XYZ, Qlshs, shanxifenglangyuanlianshangmaoyouxiangongsi, songyuanshijiahuikejiyouxiangongsi, TigeeeeR, Tors, Wanzaixiantihuobaihuodian, WhiteT, XiakiCun, XIE-MANHONG, yangrongrongmeironghulidian, yansgyunheng, YBDZSW, yingshengshangmaoyouxiangongsi, ZZHLY, aiwatradingtoysgifts, Betty Sublimation, elapp, flowery888, good_for_life, jamesok, long10, meck, nbajerseys2023, paco_cha, qwas584, SOGOOD, sts_013, sunmouldcompanyltd, us_california, us_oregon, anqingfafushang0, hmlb2226429yo6, huading90, ryjlb380nadc6, wuzhen568, Anhui YSW F&T Media, Anahilly Toys, Barry Alboum, California Clutch & Gear, cuixiaoyi1196, dec-LIFE-cor, Erfan Ghavampour, Evans Would Fashion, guozhichuangshi, huanhxhay, jianpengbo9990, liuchao886699, qingzhulongsheng, Tesorero, Wang Song Shop, weiudyrhru, Wild Bunch, XiaMen Lebo LTD, zhanghongqun; and zhaoshilans added to case caption. (Ziegler, Amy) |
| Filing 27 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 8/2/2023. Mailed notice. (jlj, ) |
| Filing 26 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #21 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #25 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk shall unseal any documents that are sealed. The Law Firm of Greer, Burns & Crain, Ltd., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (jlj, ) |
| Filing 25 CERTIFICATE of Service by Plaintiffs Bryan Fletcher, Garrett Fletcher per #24 (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 24 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #21 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by July 31, 2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. (jlj, ) |
| Filing 23 SUMMONS Returned Executed by Bryan Fletcher, Garrett Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/21/2023, answer due 8/11/2023. (Attachments: #1 Declaration of Trevor C. Talhami, #2 Exhibit A)(Talhami, Trevor) |
| Filing 22 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for preliminary injunction #21 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 21 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for preliminary injunction as to Certain Defendants (Attachments: #1 Exhibit A)(Joseph, Justin) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (lm, ) |
| Filing 20 SURETY BOND in the amount of $ 10,000 posted by Bryan Fletcher, Garrett Fletcher. (Document not Scanned) (jh, ) |
| Filing 19 TEMPORARY RESTRAINING Order signed by the Honorable Lindsay C. Jenkins on 7/12/2023. Mailed notice. (jlj, ) Modified on 8/9/2023 (jh, ). |
Filing 18
ORDER Signed by the Honorable Lindsay C. Jenkins on 7/12/2023: Plaintiff's motion for leave to file under seal #3 , ex parte motion for a temporary restraining order #10 , and motion for electronic service of process #15 are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2, 14]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 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 will 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. Enter Sealed Temporary Restraining Order. Mailed notice. (jlj, ) Modified on 8/9/2023 (jh, ).
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| Filing 17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #16 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 16 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for miscellaneous relief #15 (Gaudio, Justin) |
| Filing 15 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 14 DECLARATION of Steve Fletcher by Plaintiffs Bryan Fletcher, Garrett Fletcher Exhibit 2 - Parts 1 - 5 regarding declaration #13 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5)(Gaudio, Justin) Modified on 8/9/2023 (jh, ). |
| Filing 13 DECLARATION of Steve Fletcher regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 12 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #11 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| Filing 11 MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for temporary restraining order #10 (Gaudio, Justin) |
| Filing 10 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Filing 9 MAILED Copyright report to Registrar, Washington DC. (jh, ) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Trevor Christian Talhami (Talhami, Trevor) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin Tyler Joseph (Joseph, Justin) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin R. Gaudio (Gaudio, Justin) |
| Filing 4 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 3 MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for leave to file under seal (Gaudio, Justin) |
| Filing 2 SCHEDULE A by Plaintiffs Bryan Fletcher, Garrett Fletcher Schedule A regarding complaint #1 . (Gaudio, Justin) Modified on 8/9/2023 (jh, ). |
| Filing 1 COMPLAINT filed by Bryan Fletcher, Garrett Fletcher; Filing fee $ 402, receipt number AILNDC-20802942. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gaudio, Justin) |
| 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. (smb, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (smb, ) |
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