Robert Hautman v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Robert Hautman |
| The Partnerships and Unincorporated Associations Identified on Schedule A, PQY STORE, wkdgjf7s, xiamenxuxuershengwangluokejiyouxiangongsi, RcP9LG1nACyY, WEIKANGS, Qiushou, rubingflags, HeNanGuiZhouShangMaoyouXianGongSi, nuanbaihuo, guozhunshangmaoyouxiangongsi, yunxingriyongbaihuoD, Kyle10Gwen, shuxiangbaihuo, LIZINNA, DSAFJAKSJFILK.V02, SENSEN Decor Art, suifenheshizhuohonggongyipindian, Rjzzl, Chuangmei US, FengHuangShanWuFeiBaiHuoLingShouChaoSh i, AKGiss-US, Brooksmi-US, hongdonghuafanmaoyiyouxiangongsi, Biamigjz, GenmaiBu94puzzle, wenzhoushixueximaoyiyouxiangongsi, pazilaitisilamudedian, Huacan Official Store, Dispaint Factory Store, Homfun Official Store, Rhine DP Store, Huacan Factory Store, EverShine Direct-Sale Store, Shop911126132 Store, Diamond-Painting Home-Decor Store, Shop1100004116 Store, Paint by Numbers Store, Meian Official Store, Factory of Cross-Stitch Store, Shop1102744169 Store, GATYZTORY Factory Store, Decoration Painting Store, Defendant 43 and Defendant 8 |
| 1:2023cv15712 |
| November 7, 2023 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 37 CERTIFICATE of Service by Plaintiff Robert Hautman regarding terminate hearings,,, #36 (Vogt, Keith) |
| Filing 36 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment #30 against the remaining defendants identified in the First Amended Schedule A #35 . All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on the First Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the defaulted Defendants must be filed on or before 1/16/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining affected Defendants within one business day of its entry on the docket and must promptly file proof of that service. No appearance is necessary on 1/10/24. Mailed notice. (pk, ) |
| Filing 35 Schedule A by Robert Hautman Pursuant to Motion for Default Judgment #30 (Vogt, Keith) |
| Filing 34 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A #30 is taken under advisement. Although the motion requests relief "against the Defendants Identified in First Amended Schedule A," no such document was attached to the motion. Plaintiff is ordered to file the referenced First Amended Schedule A by 1/3/24. Emailed notice. (cdh, ) |
| Filing 33 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 32 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #30 before Honorable LaShonda A. Hunt on 1/10/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 31 MEMORANDUM by Robert Hautman in support of motion for default judgment #30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 30 MOTION by Plaintiff Robert Hautman for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A (Vogt, Keith) |
| NEW PARTIES: PQY STORE, wkdgjf7s, xiamenxuxuershengwangluokejiyouxiangongsi, RcP9LG1nACyY, WEIKANGS, Qiushou, rubingflags, HeNanGuiZhouShangMaoyouXianGongSi, nuanbaihuo, guozhunshangmaoyouxiangongsi, yunxingriyongbaihuoD, Kyle10Gwen, shuxiangbaihuo, LIZINNA, DSAFJAKSJFILK.V02, SENSEN Decor Art, suifenheshizhuohonggongyipindian, Rjzzl, Chuangmei US, FengHuangShanWuFeiBaiHuoLingShouChaoSh i, AKGiss-US, Brooksmi-US, hongdonghuafanmaoyiyouxiangongsi, Biamigjz, GenmaiBu94puzzle, wenzhoushixueximaoyiyouxiangongsi, pazilaitisilamudedian, Huacan Official Store, Dispaint Factory Store, Homfun Official Store, Rhine DP Store, Huacan Factory Store, EverShine Direct-Sale Store, Shop911126132 Store, Diamond-Painting Home-Decor Store, Shop1100004116 Store, Paint by Numbers Store, Meian Official Store, Factory of Cross-Stitch Store, Shop1102744169 Store, GATYZTORY Factory Store and Decoration Painting Store added to case caption. (Vogt, Keith) |
| NEW PARTIES: Defendant 43 added to case caption. (Vogt, Keith) |
| NEW PARTIES: Defendant 8 added to case caption. (Vogt, Keith) |
| Filing 29 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case #28 . Summons were issued on 12/1/23, and Defendants' responses to the complaint are due by 12/22/23 #24 . By 1/22/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. (cdh, ) |
| Filing 28 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 12/12/2023. Emailed notice. (cdh, ) |
| Filing 27 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #21 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 12/11/23 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO #16 , 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 #24 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 #2 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) |
| Filing 26 CERTIFICATE of Service by Plaintiff Robert Hautman regarding order on motion for preliminary injunction,,,,,,, terminate hearings,,,,,,, set motion and R&R deadlines/hearings,,,,,, #25 (Vogt, Keith) |
| Filing 25 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for preliminary injunction #21 is taken under advisement. A telephonic motion hearing is set for 12/12/23, at 10:00 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 12/11/23, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO #16 and the order extending the TRO #20 , the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 12/6/23. Emailed notice. (cdh, ) |
| Filing 24 SUMMONS Returned Executed by Robert Hautman as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/1/2023, answer due 12/22/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 23 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #21 before Honorable LaShonda A. Hunt on 12/6/2023 at 10:00 AM. (Vogt, Keith) |
| Filing 22 MEMORANDUM by Robert Hautman in support of motion for preliminary injunction #21 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
| Filing 21 MOTION by Plaintiff Robert Hautman for preliminary injunction (Vogt, Keith) |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to extend temporary restraining order #19 is granted. The TRO is extended to 12/11/23, for the reasons stated in the order granting the initial TRO #16 . Emailed notice. (cdh, ) |
| Filing 19 MOTION by Plaintiff Robert Hautman for extension of time for Temporary Restraining Order (Vogt, Keith) |
| Filing 18 SURETY BOND in the amount of $ 20,000 posted by Robert Hautman. (Document not scanned.) (lw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axa, ) |
| Filing 17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 11/13/23. Emailed notice(cdh, ) |
| Filing 16 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motions for leave to file under seal #10 , motion to exceed page limitation #11 , and for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication (ex parte) 12 are granted. Schedule A to the Complaint #2 and Exhibit 2 to the Declaration of Robert Hautman #14 shall remain under seal until further order of this Court or expiration of the TRO. Plaintiff is allowed to file a 24-page brief in support of its TRO motion instanter. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $20,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| Filing 15 MAILED Copyright report to Registrar, Washington DC. (jh, ) |
| Filing 14 SEALED EXHIBIT by Plaintiff Robert Hautman Sealed Exhibit 2, Declaration of Robert Hautman regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 2-1)(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 Robert Hautman, #4 Exhibit 1, of Robert Hautman's declaration)(Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Robert Hautman for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Robert Hautman for leave to file under seal (Vogt, Keith) |
| Filing 9 ATTORNEY Appearance for Plaintiff Robert Hautman by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Robert Hautman by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Robert Hautman by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Robert Hautman by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Robert Hautman by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Robert Hautman by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Robert Hautman Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Robert Hautman; Filing fee $ 402, receipt number AILNDC-21304165. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 3). (jxm, ) |
| 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. (jxm, ) |
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