Yiwu Lehman Electronic Technology Co., Ltd. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
| Yiwu Lehman Electronic Technology Co., Ltd. |
| The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A |
| 1:2023cv06375 |
| August 29, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 18
ORDER on Electronic Service of Process Signed by the Honorable Joan B. Gottschall on 10/26/2023. Mailed notice(mjc, )
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| Filing 17 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's second motion #15 for leave under Fed. R. Civ. P. 4(f)(3) to serve the summons and complaint by electronic means is granted. Plaintiff's attorney is instructed to send to Proposed_Order_Gottschall@ilnd.uscourts.gov a proposed order in Word and PDF formats authorizing service of the summons and complaint by the means specified in its motion #15 . The next status report is due on or before 11/15/2023. Mailed notice (mjc, ) |
| Filing 16 EXHIBIT by Plaintiff Yiwu Lehman Electronic Technology Co., Ltd. translations of Exhibits 4 & 5 regarding MOTION by Plaintiff Yiwu Lehman Electronic Technology Co., Ltd. for electronic service of process Second #15 (Urbanczyk, Adam) |
| Filing 15 MOTION by Plaintiff Yiwu Lehman Electronic Technology Co., Ltd. for electronic service of process Second (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Urbanczyk, Adam) |
| Filing 14 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports #13 that it intends to file a motion on or before 10/11/2023 seeking leave to serve the summons and complaint by electronic means. If no such motion has been filed by 10/18/2023, a status report is due on that date. Mailed notice (mjc, ) |
| Filing 13 STATUS Report by Yiwu Lehman Electronic Technology Co., Ltd. (Urbanczyk, Adam) |
| Filing 12 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff reports #11 that it served the order dated 9/6/2023 authorizing expedited discovery upon WhaleCo Inc. d/b/a Temu.com ("WhaleCo"). Plaintiff expects to receive a response from WhaleCo by 9/26/2023. The next status report is due on or before 10/3/2023. Mailed notice. (mgh, ) |
| Filing 11 STATUS Report by Yiwu Lehman Electronic Technology Co., Ltd. (Urbanczyk, Adam) |
| Filing 10 CERTIFICATE of Service by Plaintiff Yiwu Lehman Electronic Technology Co., Ltd. regarding order #8 on WhaleCo, Inc. (Attachments: #1 Exhibit 1)(Urbanczyk, Adam) |
| Filing 9 MINUTE entry before the Honorable Joan B. Gottschall: A status report on the expedited discovery being conducted by plaintiff is due by and including 9/20/2023. Mailed notice. (mgh, ) |
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Filing 8
ORDER on Expedited Discovery and Electronic Service of Process Signed by the Honorable Joan B. Gottschall on 9/5/2023. Mailed notice(mjc, )
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| Filing 7 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion #4 for leave to propound expedited discovery to providers of services to defendants in order to identify defendants is granted. Plaintiff's counsel is instructed to email a proposed order authorizing the specific discovery it is requesting to Proposed_Order_Gottschall@ilnd.uscourts.gov. The proposed order must be sent in Word and PDF formats. Plaintiff's motion #4 for leave under Fed. R. Civ. P. 4(f)(3) to serve the summons and complaint by electronic means is denied without prejudice as premature. Plaintiff has not demonstrated that it exercised reasonable diligence to determine defendants' mailing addresses, as this court held is required to render the Hague Service Convention, 20 U.S.T. 361, inapplicable in Luxottica Group S.p.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 391 F. Supp. 3d 816, 819-27 (N.D. Ill. 2019). Nor has plaintiff made any argument in support of revisiting Luxottica's holding. See ECF No. 4 at 6-7. The court considered the cases cited on pages 6-7 of plaintiff's motion in Luxottica and found them unpersuasive. See Luxottica, 391 F. Supp. 3d at 821-27 & n.7. Mailed notice (mjc, ) |
| Filing 6 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu Lehman Electronic Technology Co., Ltd. (Urbanczyk, Adam) |
| Filing 4 MOTION by Plaintiff Yiwu Lehman Electronic Technology Co., Ltd. for Expedited Discovery and Electronic Service of Process (Attachments: #1 Declaration of Xiang Zhu, #2 Declaration of Adam E. Urbanczyk)(Urbanczyk, Adam) |
| Filing 3 ATTORNEY Appearance for Plaintiff Yiwu Lehman Electronic Technology Co., Ltd. by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 2 CIVIL Cover Sheet (Urbanczyk, Adam) |
| Filing 1 COMPLAINT filed by Yiwu Lehman Electronic Technology Co., Ltd.; Filing fee $ 402, receipt number AILNDC-20979843. (Attachments: #1 Exhibit 1, #2 Exhibit Schedule A)(Urbanczyk, Adam) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (axa, ) |
| 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. (axa, ) |
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| Plaintiff: Yiwu Lehman Electronic Technology Co., Ltd. | |
| Represented By: | Adam Edward Urbanczyk |
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| Defendant: The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A | |
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