Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. v. THE PARTNERSHIPS and UNIN-CORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A"
| Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. |
| THE PARTNERSHIPS and UNIN-CORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A" |
| 1:2023cv16238 |
| November 27, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| None |
Docket Report
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| Filing 32 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend Schedule A to the complaint #30 is granted. Defendants No. 4 Wei Bo Trading Co. Ltd., No. 16 Zhuo Mei Heng Tong Trade Co. Ltd., No. 21 Fashion BOYuan, and No. 30 Liuyuchen are dismissed. Plaintiff has already filed an Amended Schedule A form on the docket #31 . Plaintiff's amended Schedule A form appears to have been mistakenly designated on the docket as a motion, however #31 . Plaintiff is advised that although a motion for leave to amend should be designated as a motion (as plaintiff's most recent motion was designated #30 ), the separate amended schedule A document should not be designated as a motion. Additionally, upon submitting a motion for leave to amend the Schedule A form, plaintiff should submit to the court's proposed order inbox a revised version of any proposed order that is currently pending with the court. Here, since plaintiff has previously submitted a proposed order on plaintiff's motion for a preliminary injunction #21 , plaintiff should submit to the court's proposed order inbox by 1/24/24 a new version of plaintiff's proposed order that has been revised to remove the newly dismissed defendants. (rao, ) |
| Filing 31 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to amend/correct Second Amended Schedule A (Bi, Depeng) |
| Filing 30 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to amend/correct pleadings - Schedule A (Bi, Depeng) |
| Filing 29 AMENDED First Amended Schedule A as a separate entry on the docket (Bi, Depeng) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion, which plaintiff calls an agreed motion to dismiss certain defendants #26 . The motion reports that plaintiff has settled its claims against two defendants, and it seeks to dismiss those defendants from this action. Given that no defendant has appeared in this case, the court declines to consider plaintiff's motion as an amendment based on the written consent of opposing parties under Rule 15(a)(2). Nevertheless, the court construes plaintiff's motion as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 2 renyu2918 and No. 45 YXHM QUEEN from the Schedule A form, and the court grants plaintiff leave to amend the pleadings. Defendants No. 2 renyu2918 and No. 45 YXHM QUEEN are dismissed. Plaintiff has attached an amended Schedule A form to plaintiff's motion [26-1]. Plaintiff is directed to file the amended Schedule A form as a separate entry on the docket by 1/19/24. Plaintiff is advised that to address any similar issues going forward, the most appropriate procedure would be to file a motion for leave to amend the pleadings under Rule 15(a)(2) and to file the amended Schedule A form directly on the docket. By 1/19/24, plaintiff should submit to the court's proposed order inbox a revised proposed order on plaintiff's motion for a preliminary injunction #21 . (rao, ) |
| Filing 27 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 26 NOTICE of Voluntary Dismissal by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Attachments: #1 Exhibit First Amended Schedule A)(Bi, Depeng) |
| Filing 25 CERTIFICATE of Service by Konrad Val Sherinian on behalf of Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. regarding order on motion for extension of time,,,,, set motion and R&R deadlines/hearings,,,, #24 (Sherinian, Konrad) |
| Filing 24 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction #21 . The court has taken the motion for preliminary injunction #21 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/29/23. Plaintiff shall promptly serve defendants with this notice and file a certificate of service. The court has also received plaintiff's motion to extend the TRO #19 . For the reasons stated in the motion #19 , in the Court's orders entering the TRO #15 , #16 , and in plaintiff's memoranda in support of plaintiff's motions for a temporary restraining order #8 and preliminary injunction #22 , the TRO is further extended to and including the date on which 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). To the extent 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. (rao, ) |
| Filing 23 DECLARATION of Konrad Sherinian regarding motion for preliminary injunction #21 (Attachments: #1 Exhibit Binder of Unreported Decisions)(Sherinian, Konrad) |
| Filing 22 MEMORANDUM by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. in support of motion for preliminary injunction #21 (Sherinian, Konrad) |
| Filing 21 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for preliminary injunction (Sherinian, Konrad) |
| Filing 20 SUMMONS Returned Executed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. as to THE PARTNERSHIPS and UNIN-CORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A" on 12/13/2023, answer due 1/3/2024. (Attachments: #1 Declaration Declaration of Service)(Sherinian, Konrad) |
| SUMMONS Issued as to Defendant THE PARTNERSHIPS and UNIN-CORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A" (daj, ) |
| Filing 19 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for extension of time extnd TRO to 12/28/2023 (Sherinian, Konrad) |
| Filing 18 SURETY BOND in the amount of $ 10,000.00 posted by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Document not imaged) (td, ) |
| Filing 17 MAILED Patent report to Patent Trademark Office, Alexandria VA (nsf, ) |
| Filing 16 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/30/2023: (rao, ) |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions #7 , #13 , #14 filed by plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd., the supporting memorandum #8 , and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal #13 , for leave to file excess pages #14 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process #7 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and the offering of products for sale into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to pursue an accounting, but at this preliminary stage, 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| Filing 14 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for leave to file brief with excess pages (Sherinian, Konrad) |
| Filing 13 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. to seal Schedule A to Complaint and Exhibit 2 to Declaration of Yulin Zhou (Sherinian, Konrad) |
| Filing 12 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh 2 Dec Yulin Zhou Stores 41-79 (Sherinian, Konrad) |
| Filing 11 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Exh. 2 - Dec. Yulin Zhou - Stores 1-40 (Sherinian, Konrad) |
| Filing 10 DECLARATION of Yulin Zhou regarding motion for temporary restraining order #7 (Attachments: #1 Exhibit Exh. 1 - US Pat D980,990)(Sherinian, Konrad) |
| Filing 9 DECLARATION of Konrad Sherinian regarding motion for temporary restraining order #7 (Attachments: #1 Exhibit Exh 1 - Intellectual Property Rights Seizure Statistics, #2 Exhibit Exh. 2 - Hague Convention, #3 Exhibit Exh 3 - Civil Procedure of the People's Republic of China, #4 Exhibit Exh 4 - Binder of Unpublished Decisions)(Sherinian, Konrad) |
| Filing 8 MEMORANDUM motion for temporary restraining order #7 by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Sherinian, Konrad) |
| Filing 7 MOTION by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. for temporary restraining order (Sherinian, Konrad) |
| 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. (mcp, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1). (mcp, ) |
| Filing 6 CIVIL Cover Sheet (Sherinian, Konrad) |
| Filing 5 ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. by Konrad Val Sherinian (Sherinian, Konrad) |
| Filing 4 SEALED DOCUMENT by Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. Sealed Schedule A to Complaint (Sherinian, Konrad) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. (Sherinian, Konrad) |
| Filing 2 ATTORNEY Appearance for Plaintiff Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. by Depeng Bi (Bi, Depeng) |
| Filing 1 COMPLAINT filed by Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd.; Filing fee $ 402, receipt number AILNDC-21362977. (Attachments: #1 Exhibit Exh. 1 - An Infringing Product Listing, #2 Exhibit Exh. 2 - U.S. Pat. No. D980,990, #3 Exhibit Exh. 3 - Intellectual Property Rights Seizure Statistics, #4 Exhibit Exh. 4 - Alibaba, Amazon, and Counterfeiting in the Age of the Internet, #5 Exhibit Exh. 5 - Combating Trafficking in Counterfeit and Pirated Goods, #6 Exhibit Exh. 6 - U.S. PTO Communication)(Sherinian, Konrad) |
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| Plaintiff: Shenzhen Kunshengze Elec-tronic Commerce Co., Ltd. | |
| Represented By: | Depeng Bi |
| Represented By: | Konrad Val Sherinian |
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| Defendant: THE PARTNERSHIPS and UNIN-CORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A" | |
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