Heather Picquelle v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Heather Picquelle |
| The Partnerships and Unincorporated Associations Identified on Schedule A, ThreeTu, ANMUXI Direct, gaitismdamai, US MOBEITI, Jackssen, Xiangchengshikongdulifadian, uaerscnug, enchaoshangmaoyouxiangongsi, ApricotTree, Puzzl-JPD-US, EINKI, LEADTon, ClouDragon, Chiclook Cool, PrinTrends, Lombt, Qiaokou, Eggcop Joint Stock Company, QianHuanHuanuHuanJiaJuYou, godoprint, Spring Warner, SY SON TREND360 STORE, Huyen Diu Store, HTG-STORE, Soon Way, Gang Boo, Private bespoke shop, SXHSHANGMAO, NOGAWA, jinchanzi, panjinbin54, YOE Roo, ZYDERG, LCSMkj, DAHDOU, ZHSTAR, Hi SEA, WaHii, yilingss and Socira |
| 1:2023cv16329 |
| November 29, 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 41 CERTIFICATE of Service by Plaintiff Heather Picquelle regarding set motion and R&R deadlines/hearings,,,, terminate hearings,,, #40 (Vogt, Keith) |
| Filing 40 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment #37 against the remaining defendants identified in Second Amended [Corrected] Schedule A [37-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Second Amended [Corrected] 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 1/30/24. 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 1/24/24. Emailed notice. (cdh, ) |
| Filing 39 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment, #37 before Honorable LaShonda A. Hunt on 1/24/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 38 MEMORANDUM by Heather Picquelle in support of motion for default judgment, #37 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 37 MOTION by Plaintiff Heather Picquelle 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: ThreeTu, ANMUXI Direct, gaitismdamai, US MOBEITI, Jackssen, Xiangchengshikongdulifadian, uaerscnug, enchaoshangmaoyouxiangongsi, ApricotTree, Puzzl-JPD-US, EINKI, LEADTon, ClouDragon, Chiclook Cool, PrinTrends, Lombt, Qiaokou, Eggcop Joint Stock Company, QianHuanHuanuHuanJiaJuYou, godoprint, Spring Warner, SY SON TREND360 STORE, Huyen Diu Store, HTG-STORE, Soon Way, Gang Boo, Private bespoke shop, SXHSHANGMAO, NOGAWA, jinchanzi, panjinbin54, YOE Roo, ZYDERG, LCSMkj, DAHDOU, ZHSTAR, Hi SEA, WaHii, yilingss and Socira added to case caption. (Vogt, Keith) |
| Filing 36 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 #35 . Summons were issued on 12/13/23 and Defendants' responses to the complaint are due by 1/10/24. 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 35 PRELIMINARY INJUNCTION ORDER signed by the Honorable LaShonda A. Hunt on 1/4/2024. Mailed notice (ags) |
| Filing 34 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #26 , 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 [29-1] #32 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 [Corrected] Amended Schedule A to Complaint #11 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 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 CERTIFICATE of Service by Plaintiff Heather Picquelle regarding order on motion for preliminary injunction,,,,,, set motion and R&R deadlines/hearings,,,,,, terminate hearings,,,,, #31 (Vogt, Keith) |
| Filing 31 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction #26 is taken under advisement. A telephonic motion hearing is set for 1/4/24, at 9:30 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 and the order extending the TRO, 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 1/3/24. Emailed notice. (cdh, ) |
| Filing 30 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order #23 is granted. The TRO is extended to 1/9/24 for the reasons stated in the order granting the initial TRO #21 . Counsel is reminded that all motions must be noticed for presentment before Judge Hunt in accordance with her case management procedures, which require motions to be filed no later than the third business day (excluding federal holidays and weekends) before the motion is to be heard. No appearance is necessary on 12/21/2023. Emailed notice. (cdh, ) |
| Filing 29 SUMMONS Returned Executed by Heather Picquelle as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/20/2023, answer due 1/10/2024. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 28 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #26 before Honorable LaShonda A. Hunt on 1/3/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 27 MEMORANDUM by Heather Picquelle in support of motion for preliminary injunction #26 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
| Filing 26 MOTION by Plaintiff Heather Picquelle for preliminary injunction (Vogt, Keith) |
| Filing 25 NOTICE of Motion by Keith A. Vogt for presentment of extension of time #23 before Honorable LaShonda A. Hunt on 12/21/2023 at 10:00 AM. (Vogt, Keith) |
| Filing 24 SURETY BOND in the amount of $ 40,000.00 posted by Heather Picquelle (Document not scanned). (rc, ) |
| Filing 23 MOTION by Plaintiff Heather Picquelle for extension of time for Temporary Restraining Order (Vogt, Keith) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (daj, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 12/12/2023. Emailed to Plaintiff's Counsel. (cdh, ) |
| 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 14 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 $40,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for temporary restraining order 14 is taken under advisement. No appearance is necessary on 12/6/23. Emailed notice. (cdh, ) |
| Filing 19 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file excess pages in Plaintiff's brief in support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order is granted. Emailed notice. (cdh, ) |
| Filing 18 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal #12 is granted. Schedule A to Complaint, Amended Schedule A to Complaint, and [Corrected] Amended Schedule A to Complaint #2 #10 #11 shall remain under seal until further order of this Court. Emailed notice. (cdh, ) |
| Filing 17 Presentment for Exparte motion 14 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file #12 , motion for leave to file excess pages #13 before Honorable LaShonda A. Hunt on 12/6/2023 at 10:00 AM. (Vogt, Keith) |
| Filing 16 EXHIBIT 2 by Plaintiff Heather Picquelle Sealed Exhibit 2, Declaration of Heather Picquelle regarding memorandum in support of motion, #15 . (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 1/5/2024 (jh, ). |
| Filing 15 MEMORANDUM in support of 14 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Heather Picquelle, #4 Exhibit 1, of Heather Picquelle's declaration)(Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Heather Picquelle for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Heather Picquelle for leave to file under seal (Vogt, Keith) |
| Filing 11 CORRECTED AMENDED SCHEDULE A by Plaintiff Heather Picquelle [CORRECTED] Schedule A to Complaint #1 , Schedule A #2 , and Amended Schedule A #10 . (Vogt, Keith) Modified on 1/5/2024 (jh, ). |
| Filing 10 AMENDED SCHEDULE A by Plaintiff Heather Picquelle [Amended] Schedule A to Complaint #1 and Schedule A #2 . (Vogt, Keith) Modified on 1/5/2024 (jh, ). |
| Filing 9 ATTORNEY Appearance for Plaintiff Heather Picquelle by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Heather Picquelle by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Heather Picquelle by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Heather Picquelle by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Heather Picquelle by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Heather Picquelle by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A by Plaintiff Heather Picquelle Schedule A to Complaint #1 . (Vogt, Keith) Modified on 1/5/2024 (jh, ). |
| Filing 1 COMPLAINT filed by Heather Picquelle; Filing fee $ 402, receipt number AILNDC-21370641. (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 Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 3). (jcc, ) |
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