Svenja Schmitt v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Svenja Schmitt |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Nichosa Eeddi, Er Ishin, abel tang, hagan panting, Carcenry, Ollabaky, Aflyko, Yasala, Briartw, Huacan Official Store and Winnereco |
| 1:2023cv05105 |
| August 3, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Contract: Insurance |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 48 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 38 Aukosy and no. 40 Tide Ti (Vogt, Keith) |
| Filing 47 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 82 winnerEco (Vogt, Keith) |
| Filing 46 MINUTE entry before the Honorable Lindsay C. Jenkins: The docket reflects that the only defendant to have opposed Plaintiff's motion for a preliminary injunction, Defendant no. 149 Nichosa Eeddi, has been dismissed from the case #41 . It also appears that defendants Er Ishin, abel tang, hagan panting, Carcenry, Ollabaky, Aflyko, Yasala, Briartw-Official, and Huacan Official Store have also been dismissed from that case, all of whom opposed default judgment. Defendant Winnereco did not file an answer or responsive pleading by the September 26, 2023 deadline. Plaintiffs are to submit an updated proposed order to the Court's proposed order mailbox to resolve its motion #19 for a preliminary injunction, by October 2, 2023. Mailed notice. (jlj, ) |
| Filing 45 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 44 PARTIAL DEFAULT JUDGMENT ORDER Signed by the Honorable Lindsay C. Jenkins on 9/21/2023. Mailed notice. (jlj, ) |
| Filing 43 MINUTE entry before the Honorable Lindsay C. Jenkins: The following docket entry does not apply to those Defendants who have appeared through counsel, that is Defendants 24, 25, 33 and 37. The remaining Defendants have not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion #31 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 is an appropriate award of statutory damages. Mailed notice. (jlj, ) |
| Filing 42 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 41 NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 149 Nichosa Eeddi (Vogt, Keith) |
| Filing 40 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Winnereco's unopposed motion for extension of time to answer #39 is granted. Defendant's responsive pleading is due by September 26, 2023. Mailed notice. (jlj, ) |
| Filing 39 MOTION by Defendant Winnereco for extension of time to file answer regarding complaint #1 Unopposed Motion to Extend Time to Answer (Stanley, Michael) |
| Filing 38 CERTIFICATE of Service by Plaintiff Svenja Schmitt regarding order on motion for default judgment,,,, text entry,,, #36 (Vogt, Keith) |
| Filing 37 ATTORNEY Appearance for Defendant Winnereco by Michael Thomas Stanley (Stanley, Michael) |
| Filing 36 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of default and default judgment against certain remaining Defendants #31 . With the exception of Nichosa Eeddi, Er Ishin, abel tang, hagan panting, Carcenry, Ollabaky, Aflyko, Yasala, Briartw-Official, Huacan Official Store, the 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 as to the remaining Defendants. Any objections to the motion for entry of default judgment must be filed on or before September 15, 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 other within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. (jlj, ) |
| Filing 35 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Nichosa Eeddi's unopposed motion for extension of time #30 is granted. Defendant's response to the preliminary injunction #19 is due by September 26, 2023. Plaintiff's reply is due October 26, 2023. Defendants Er Ishin, abel tang, hagan panting, Carcenry, Ollabaky, Aflyko, Yasala, Briartw-Official, Huacan Official Store's motion for extension of time #34 is granted. These Defendants' responsive pleading is due by September 26, 2023. Mailed notice. (jlj, ) |
| Filing 34 MOTION by Defendants Aflyko, Briartw, Carcenry, Er Ishin, Huacan Official Store, Ollabaky, Yasala, abel tang, hagan panting for extension of time (Urbanczyk, Adam) |
| Filing 33 ATTORNEY Appearance for Defendants Er Ishin, abel tang, hagan panting, Carcenry, Ollabaky, Aflyko, Yasala, Briartw, Huacan Official Store by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 32 MEMORANDUM by Svenja Schmitt in support of motion for default judgment #31 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 31 MOTION by Plaintiff Svenja Schmitt for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 30 MOTION by Defendant Nichosa Eeddi for extension of time to Respond to Plaintiff's Complaint (Unopposed) (Alexander, Andrew) |
| Filing 29 MINUTE entry before the Honorable Lindsay C. Jenkins:Defendant Schmitt's unopposed motion for an extension of time to respond #28 is granted. Any response to the motion for a preliminary injunction is due by September 12, 2023. Mailed notice. (jlj, ) |
| Filing 28 MOTION by Defendant Nichosa Eeddi for extension of time to Respond to Plaintiff's Motion for Preliminary Injunction (Unopposed) (Alexander, Andrew) |
| Filing 27 MINUTE entry before the Honorable Lindsay C. Jenkins:Defendant Nichosa Eeddi's motion for extension of time #26 is granted. Defendant's response to the preliminary injunction #19 is due by September 1, 2023. Plaintiff's reply is due September 8, 2023. The parties are to file a joint status report by September 29, 2023. Mailed notice. (jlj, ) |
| Filing 26 MOTION by Defendant Nichosa Eeddi for extension of time to file response/reply as to motion for preliminary injunction #19 (Unopposed) (Alexander, Andrew) |
| Filing 25 ATTORNEY Appearance for Defendant Nichosa Eeddi by Andrew W. Alexander (Alexander, Andrew) |
| Filing 24 ATTORNEY Appearance for Defendant Nichosa Eeddi by Yizhou Liu (Liu, Yizhou) |
| Filing 23 CERTIFICATE of Service by Plaintiff Svenja Schmitt regarding order on motion for preliminary injunction,,,,, text entry,,,, #22 (Vogt, Keith) |
| Filing 22 MINUTE entry before the Honorable Lindsay C. Jenkins:Before the Court is Plaintiff's motion #19 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 August 18, 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. (jlj, ) |
| Filing 21 SUMMONS Returned Executed by Svenja Schmitt as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/14/2023, answer due 9/4/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 20 MEMORANDUM by Svenja Schmitt in support of motion for preliminary injunction #19 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
| Filing 19 MOTION by Plaintiff Svenja Schmitt for preliminary injunction (Vogt, Keith) |
| Filing 18 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 17 SURETY BOND in the amount of $ 10,000.00 posted by Svenja Schmitt (Document not scanned). (jg, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axa, ) |
| Filing 14 SEALED EXHIBIT by Plaintiff Svenja Schmitt Sealed Exhibit 2, Declaration of Svenja Schmitt regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Vogt, Keith) |
| 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 Svenja Schmitt, #4 Exhibit 1, of Svenja Schmitt's declaration)(Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Svenja Schmitt for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Svenja Schmitt for leave to file under seal (Vogt, Keith) |
| Filing 9 ATTORNEY Appearance for Plaintiff Svenja Schmitt by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Svenja Schmitt by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Svenja Schmitt by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Svenja Schmitt by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Svenja Schmitt by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Svenja Schmitt by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Svenja Schmitt Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Svenja Schmitt; Filing fee $ 402, receipt number AILNDC-20893707. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (mek) |
| 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. (mek) |
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