Kayomi Harai v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Kayomi Harai |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Jiahualiren, WEISIMA STORE, zhaowenfeishangmao Co. ltd, suyingshangmao, FKELYI, Zhengqian Store, JenniferLiz, Dongguan Meiya Trading Co., Gogomarket, Yarong Store, EOTVIA STORE, Likede Store, Hengxinshuo, Xuhangla, TRF STORE, Yinuoxi Store, Cuke, PinShui Co.Ltd, Moobody, Exclusive OutLet, World Deal, Yubatuo Co. Ltd, WQQZJJ, Corashan Co., Ltd., KuRLing, Yutaosen, LINNAO Ltd, New Technic Toys, AceGO, IWRUHZY Co. ltd, Scnor Home, Household Goods, Feternal, QWANG SEA, Wanning Langrun Co., Ltd., Dealovy Co.Ltd, Yomiee HOME&OUTDOORS, Mouliraty, Herrnalise and Amacok |
| 1:2023cv15960 |
| November 15, 2023 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 12, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 39 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding set motion and R&R deadlines/hearings,,,, terminate hearings,,, #38 (Vogt, Keith) |
| Filing 38 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment #35 against the remaining defendants identified in Second Amended Schedule A [35-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on 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 1/26/24. 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 1/16/24. Emailed notice. (cdh, ) |
| Filing 37 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #35 before Honorable LaShonda A. Hunt on 1/16/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 36 MEMORANDUM by Kayomi Harai in support of motion for default judgment #35 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 35 MOTION by Plaintiff Kayomi Harai for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Second Amended Schedule A (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| NEW PARTIES: Jiahualiren, WEISIMA STORE, zhaowenfeishangmao Co. ltd, suyingshangmao, FKELYI, Zhengqian Store, JenniferLiz, Dongguan Meiya Trading Co., Gogomarket, Yarong Store, EOTVIA STORE, Likede Store, Hengxinshuo, Xuhangla, TRF STORE, Yinuoxi Store, Cuke, PinShui Co.Ltd, Moobody, Exclusive OutLet, World Deal, Yubatuo Co. Ltd, WQQZJJ, Corashan Co., Ltd., KuRLing, Yutaosen, LINNAO Ltd, New Technic Toys, AceGO, IWRUHZY Co. ltd, Scnor Home, Household Goods, Feternal, QWANG SEA, Wanning Langrun Co., Ltd., Dealovy Co.Ltd, Yomiee HOME&OUTDOORS, Mouliraty, Herrnalise and Amacok added to case caption. (Vogt, Keith) |
| Filing 34 MINUTE entry before the Honorable LaShonda A. Hunt: Minute entry #31 is entered in error and amended to reflect the following: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #24 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 1/3/24 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 #21 , 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 #27 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 Second Amended Schedule A #18 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice (ags) |
| Filing 33 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 #32 . Summons were executed on 12/14/23, and Defendants' responses to the complaint are due by 1/4/24 #27 . By 2/9/24, 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. Mailed notice (ags) |
| Filing 32 PRELIMINARY INJUNCTION ORDER signed by the Honorable LaShonda A. Hunt on 1/4/2024. Mailed notice (ags) |
| Filing 31 ENTERED IN ERROR. Docket text modified on 1/4/2024 (ags). |
| Filing 30 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 29 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding order on motion for preliminary injunction,,,,,, terminate hearings,,,,,, set motion and R&R deadlines/hearings,,,,, #28 (Vogt, Keith) |
| Filing 28 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction #24 is taken under advisement. A telephonic motion hearing is set for 1/4/24, 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 1/3/24, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO #21 , 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 12/19/23. Emailed notice. (cdh, ) |
| Filing 27 SUMMONS Returned Executed by Kayomi Harai as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/14/2023, answer due 1/4/2024. (Attachments: #1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) |
| Filing 26 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #24 before Honorable LaShonda A. Hunt on 12/19/2023 at 10:00 AM. (Vogt, Keith) |
| Filing 25 MEMORANDUM by Kayomi Harai in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 24 MOTION by Plaintiff Kayomi Harai for preliminary injunction (Vogt, Keith) |
| Filing 23 SURETY BOND in the amount of $20,000 posted by Kayomi Harai. (Document not scanned) (aee, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/8/2023. Emailed notice to plaintiff's counsel. |
| Filing 21 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion 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 13 is granted. 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. No appearance is necessary on 12/14/23. Emailed notice. (cdh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (evw, ) |
| Filing 20 SEALED EXHIBIT by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding sealed document #18 , set deadlines,,,,,,,,,,,,,, set/reset hearings,,,,,,,,,,,,, #17 , memorandum in support of motion, #14 , declaration #19 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 19 DECLARATION regarding sealed document #18 , set deadlines,,,,,,,,,,,,,, set/reset hearings,,,,,,,,,,,,, #17 [Amended] Declaration of Kayomi Harai (Attachments: #1 Exhibit 2, filed under seal)(Vogt, Keith) |
| Filing 18 SEALED DOCUMENT by Plaintiff Kayomi Harai Second Amended Schedule A to Complaint #1 and Schedule A to Complaint #2 (Vogt, Keith) |
| Filing 17 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint #1 and Amended Schedule A #10 , the Court questions whether Plaintiff plausibly alleges that the 53 defendants here are sufficiently connected to satisfy the requirements of Fed. R. Civ. P. 20(a)(2) for joinder. Both Estee Lauder v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) and Bose Corp. v. Schedule A, 334 F.R.D. 511 (N.D. Ill. 2020) are instructive on this issue. Courts have "'considerable discretion' and 'flexibility' in determining whether the plaintiff has plausibly alleged such a relationship." Bose Corp., 334 F.R.D. at 513. An important consideration in Schedule A cases with numerous online marketplaces and sellers whose only sufficiently alleged connection is that they are all accused of selling counterfeit products that infringe upon Plaintiff's intellectual property rights is "whether the permissive joinder of a party will comport with the principles of fundamental fairness." Estee Lauder, 334 F.R.D. at 186 (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). In making this assessment, the Court must balance various factors: (1) the continuing harm to plaintiffs who seek immediate relief from courts to protect their intellectual property rights and prevent further economic loss; (2) the due process rights of defendants against whom ex parte relief, including the extraordinary remedy of freezing all their assets without notice and potentially ruining a legitimate business, is sought; and (3) the interest in promoting judicial economy as courts must quickly and efficiently evaluate hundreds of pages of evidentiary submissions to ensure that injunctive relief is warranted. Estee Lauder also instructs that conclusory allegations concerning the interrelatedness of defendants are not enough to support joinder, facts must be alleged. 334 F.R.D. at 185 & 188. In this case, Plaintiff has alleged only conclusions regarding a connection between the 53 Defendants and filed hundreds of pages of evidence to prove their alleged infringement. Under these circumstances, the Court declines to exercise its discretion to allow permissive joinder of all 53 defendants. However, after taking the aforementioned factors into consideration, the Court has generally allowed plaintiffs in Schedule A counterfeit products cases to proceed with no more than 40 defendants, which is far more manageable for a single case. That is less burdensome to plaintiffs, defendants, and the judicial system. Accordingly, consistent with this ruling, Plaintiff is granted leave to file a Second Amended Schedule A and an amended declaration in support of the pending TRO motion 13 that specifically identifies the relevant pages where evidence pertaining to each Second Amended Schedule A defendant can be found in the prior voluminous submissions, by 12/11/23. This case is set for an in-person hearing on 12/14/23, at 10:00 AM in Courtroom 1425. If Plaintiff chooses to amend its filings, the hearing date will be stricken. Otherwise, Plaintiff may submit a written response to this order, not to exceed 5 pages, by 12/11/23, and appear at the hearing to present further argument. Plaintiff's TRO motion 13 taken under advisement until the joinder issue is resolved. Emailed notice. (cdh, ) |
| Filing 16 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal #11 and motion for leave to file excess pages #12 are granted. Schedule A #2 and Amended Schedule A #10 to the Complaint and Exhibit 2 to the Declaration of Kayomi Harai #15 shall remain under seal. Plaintiff is granted leave instanter to exceed the page limit and file a 24-page brief in support of its TRO motion #14 . Emailed notice. (cdh, ) |
| Filing 15 SEALED EXHIBIT by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 14 MEMORANDUM in support of 13 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Kayomi Harai, #4 Exhibit 1, of Kayomi Harai's declaration)(Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Kayomi Harai for leave to file excess pages (Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Kayomi Harai for leave to file under seal (Vogt, Keith) |
| Filing 10 SEALED DOCUMENT by Plaintiff Kayomi Harai [Amended] Schedule A to Complaint #1 and Schedule A #2 (Vogt, Keith) |
| Filing 9 ATTORNEY Appearance for Plaintiff Kayomi Harai by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Kayomi Harai by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Kayomi Harai by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Kayomi Harai by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Kayomi Harai Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Kayomi Harai; Filing fee $ 402, receipt number AILNDC-21331587. (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. (jcc, ) |
| 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). (jcc, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
