Cecilia Granata v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Cecilia Granata, xiaoxianchangchengshangmaoyouxiangongsi and ESSENTIAL SELECTION |
| The Partnerships and Unincorporated Associations Identified on Schedule A, GIFTSSMART, Astyxnan, myPrecious, JXQCWY, Yuxiang Art, Anime Porn Poster, MingTing Home Art, Wintialy, OVERMAL Direct, JunZhi Store, HOOHIKI, AP Lunch Bag Store, Recrtain, Wudi Yuhua Grain and Oil Trading Co., Ltd., Sunflowerrrr, ChinhVTStore, 256COLORBLUE, chenzebinjyfe, DOVYTA, YangChunLongycl01, TlekkDo, Polotank, RICO PFUELLER, HoangNguyenStore, DongBiaoXiaoDian, Gergeos Deals Today 2023, SHUIXA, Odile Store, chenzhiwu889art, Naesala Biris, chenliyyishu, EhipStyles, HAQEcome, DAO TRAN CHIEN, Syyyy sign, chuitianshangmao, SEAMPLE STORE, 41 Giodo Store, xianyouxianlonghuazhenwenyongbinxiemaodian, LEONIZO ROKS, 44 chenzjie3462, Strong equipment, QualitySStore, YiChangKunPengShangMaoYouXianGongSi, yunakesa, The sound of waves, luoxushengccc, linmouyrhnb, foshangshinanhaiqugengdonrongkejiyouxiangongsi, HKV Store, ELFINDEA, Gudake maoyi, Snick Store, YanNanKe Store, Skartam Store, Amlion Store, azhobbyshop, BiSignature, guoerning7075, Galaxy Rainy, One tumbler, rong textiles, Wall decorationZ, ArtHandMadeShop, ZIYANYAN, bamboo ink art, Renoira, WallPlate, Personalized Towel and Aolun Decor |
| 1:2023cv16307 |
| November 28, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
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| Filing 42 Amended Schedule A #2 by Cecilia Granata (Vogt, Keith) |
| Filing 41 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 32 Naesala Biris (Vogt, Keith) |
| Filing 40 MINUTE entry before the Honorable Martha M. Pacold: Defendants Personalized Towel, Amlion Store, and Aolun Decor's unopposed motion to withdraw docket entry Nos. 36 and 37 #38 is granted. The filings represented at docket numbers #36 and #37 are stricken. (rao, ) |
| Filing 39 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal #34 , which seeks to voluntarily dismiss defendants No. 54 ELFINDEA, No. 55 Gudake Maoyi, No. 57 YanNanKe Store, No. 58 Skartam Store, and No. 59 Amlion Store under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 54 ELFINDEA, No. 55 Gudake Maoyi, No. 57 YanNanKe Store, No. 58 Skartam Store, and No. 59 Amlion Store from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. The amended Schedule A form is already on the docket #35 . (rao, ) |
| Filing 38 MOTION by Defendants Amlion Store, Aolun Decor, Personalized Towel to withdraw motion for extension of time to file answer #37 , attorney appearance #36 (Wang, Timothy) |
| Filing 37 MOTION by Defendants Amlion Store, Aolun Decor, Personalized Towel for extension of time to file answer regarding complaint #1 (Wang, Timothy) |
| Filing 36 ATTORNEY Appearance for Defendants Amlion Store, Personalized Towel, Aolun Decor by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 35 Amended Schedule A #2 by Cecilia Granata (Vogt, Keith) |
| Filing 34 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants (Vogt, Keith) |
| Filing 33 CERTIFICATE of Service by Plaintiff Cecilia Granata regarding set motion and R&R deadlines/hearings, #31 (Vogt, Keith) |
| Filing 32 MINUTE entry before the Honorable Martha M. Pacold: The court has received plantiff's notice of voluntary dismissal #27 , #30 , which seeks to voluntarily dismiss defendants myPrecious, HoangNguyenStore, Wall decorationZ, RICO PFUELLER, MingTing Home Art, One tumbler, Recrtain, Wudi Yuhua Grain and Oil Trading Co., Ltd., chenzebinjyfe, ChinhVTStore, Odile Store, Giodo Store, QualitySStore, HKV Store, chenzjie3462, JunZhi Store, Sunflowerrrr, rong textiles, ArtHandMadeShop, bamboo ink art, ZIYANYAN, WallPlate, SEAMPLE STORE, and JXQCWY under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants myPrecious, HoangNguyenStore, Wall decorationZ, RICO PFUELLER, MingTing Home Art, One tumbler, Recrtain, Wudi Yuhua Grain and Oil Trading Co., Ltd., chenzebinjyfe, ChinhVTStore, Odile Store, Giodo Store, QualitySStore, HKV Store, chenzjie3462, JunZhi Store, Sunflowerrrr, rong textiles, ArtHandMadeShop, bamboo ink art, ZIYANYAN, WallPlate, SEAMPLE STORE, and JXQCWY from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. By 1/19/24, plaintiff should file the amended Schedule A form on the docket. (rao, ) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for default judgment #28 . The court will take the motion under advisement and will consider it unopposed if defendants do not appear and object by 1/24/2024. Plaintiff shall promptly serve defendants with this notice and file a certificate of service on the docket. (rao, ) |
| Filing 30 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants (Vogt, Keith) |
| Filing 29 MEMORANDUM by Cecilia Granata in support of motion for default judgment #28 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 28 MOTION by Plaintiff Cecilia Granata 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) |
| Filing 27 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] Defendants (Vogt, Keith) |
| NEW PARTIES: ESSENTIAL SELECTION added to case caption. Terminating ESSENTIAL SELECTION (Vogt, Keith) |
| NEW PARTIES: chenliyyishu, EhipStyles, HAQEcome, DAO TRAN CHIEN, Syyyy sign, chuitianshangmao, SEAMPLE STORE, 41 Giodo Store, xianyouxianlonghuazhenwenyongbinxiemaodian, LEONIZO ROKS, 44 chenzjie3462, Strong equipment, QualitySStore, YiChangKunPengShangMaoYouXianGongSi, yunakesa, The sound of waves and luoxushengccc added to case caption. (Vogt, Keith) |
| NEW PARTIES: GIFTSSMART, Astyxnan, xiaoxianchangchengshangmaoyouxiangongsi, myPrecious, JXQCWY, Yuxiang Art, Anime Porn Poster, MingTing Home Art, Wintialy, OVERMAL Direct, JunZhi Store, HOOHIKI, AP Lunch Bag Store, Recrtain, Wudi Yuhua Grain and Oil Trading Co., Ltd., Wudi Yuhua Grain and Oil Trading Co., Ltd., Sunflowerrrr, ChinhVTStore, 256COLORBLUE, chenzebinjyfe, DOVYTA, YangChunLongycl01, TlekkDo, Polotank, RICO PFUELLER, HoangNguyenStore, DongBiaoXiaoDian, Gergeos Deals Today 2023, SHUIXA, Odile Store, chenzhiwu889art, ESSENTIAL SELECTION and Naesala Biris added to case caption. (Vogt, Keith) |
| NEW PARTIES: luoxushengccc, linmouyrhnb, foshangshinanhaiqugengdonrongkejiyouxiangongsi, HKV Store, ELFINDEA, Gudake maoyi, Snick Store, YanNanKe Store, Skartam Store, Amlion Store, azhobbyshop, BiSignature, guoerning7075, Galaxy Rainy, One tumbler, rong textiles, Wall decorationZ, ArtHandMadeShop, ZIYANYAN, bamboo ink art, Renoira and WallPlate added to case caption. (Vogt, Keith) |
Filing 26
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/28/2023: Mailed notice (daj, )
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| Filing 25 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 24 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/28/2023: (rao, ) |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction #18 . A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction #18 is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the complaint #2 to the court's docket within five business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Filing 22 CERTIFICATE of Service by Plaintiff Cecilia Granata regarding set motion and R&R deadlines/hearings,,,, #21 (Vogt, Keith) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for entry of a preliminary injunction #18 . The court has taken the motion for preliminary injunction #18 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/20/2023. Plaintiff shall serve defendants with this notice and file a certificate of service. For the reasons stated in the Court's orders entering and extending the TRO, as well as in plaintiff's memorandum in support of plaintiff's motion for preliminary injunction #19 , 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 20 SUMMONS Returned Executed by Cecilia Granata as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2023, answer due 1/1/2024. (Attachments: #1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) |
| Filing 19 MEMORANDUM by Cecilia Granata in support of motion for preliminary injunction #18 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 18 MOTION by Plaintiff Cecilia Granata for preliminary injunction (Vogt, Keith) |
| Filing 17 CIVIL BOND in the amount of $ 10,000 posted by Cecilia Granata. (Document not Scanned). (gcy, ) |
| Filing 16 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/30/2023: (rao, ) Modified on 12/29/2023 (daj, ). |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions #10 , #11 , #12 filed by plaintiff Cecilia Granata, the supporting memorandum #13 , and the temporary restraining order, plaintiff's motions for leave to file certain documents under seal #10 , for leave to file excess pages #11 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process #12 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, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (evw, ) |
| Filing 14 EXHIBIT by Plaintiff Cecilia Granata Sealed Exhibit 2, Declaration of Cecilia Granata regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 12/29/2023 (daj, ). |
| 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 Cecilia Granata, #4 Exhibit 1, of of Cecilia Granata's declaration)(Vogt, Keith) |
| Filing 12 EX PARTE MOTION by Plaintiff Cecilia Granata to 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 (Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Cecilia Granata for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Cecilia Granata for leave to file under seal (Vogt, Keith) |
| Filing 9 ATTORNEY Appearance for Plaintiff Cecilia Granata by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Cecilia Granata by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Cecilia Granata by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Cecilia Granata by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Cecilia Granata by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Cecilia Granata by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A TO COMPLAINT by Plaintiff Cecilia Granata Schedule A to Complaint #1 (Vogt, Keith) Modified on 12/29/2023 (daj, ). |
| Filing 1 COMPLAINT filed by Cecilia Granata; Filing fee $ 402, receipt number AILNDC-21368375. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 3). (jcm) |
| 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. (jcm) |
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