Howard Robinson v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Howard Robinson |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Welltop, KUQIN, Xayah, Qianzhuo Store, JXYH STORE, GUANGNAN Technology Co., Ltd., Likede Store, KAIXINLE STORE, Wutong home life, YanNanKe Store, HOME Bedding, WQQZJJ, Moocorvic, Mouliraty, XEOVHVLJ, TXFQZL, Amacok, Pompotops, Virmaxy, Zeiyignr, ZERMOGE, Fridja, Dengmore, Vikakiooze and Dongguan rihuanbao electronic commerce co., ltd |
| 1:2024cv00014 |
| January 2, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 35 CERTIFICATE of Service by Plaintiff Howard Robinson regarding text entry,, #34 (Vogt, Keith) |
| Filing 34 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion #32 for entry of default and default judgment against all defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 3/6/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice (cc, ) |
| Filing 33 MEMORANDUM by Howard Robinson in support of motion for default judgment #32 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 32 MOTION by Plaintiff Howard Robinson 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 31 MINUTE entry before the Honorable Jeffrey I Cummings: The 2/23/24 tracking status hearing is stricken and re-set to 4/12/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| NEW PARTIES: Welltop, KUQIN, Xayah, Qianzhuo Store, JXYH STORE, GUANGNAN Technology Co., Ltd., Likede Store, KAIXINLE STORE, Wutong home life, YanNanKe Store, HOME Bedding, WQQZJJ and Moocorvic added to case caption. (Vogt, Keith) |
| NEW PARTIES: Mouliraty, XEOVHVLJ, TXFQZL, Amacok, Pompotops, Virmaxy, Zeiyignr, ZERMOGE, Fridja, Dengmore, Vikakiooze and Dongguan rihuanbao electronic commerce co., ltd added to case caption. (Vogt, Keith) |
| Filing 30 PRELIMINARY INJUNCTION Order signed by the Honorable Jeffrey I Cummings on 2/7/2024. Mailed notice (jh, ) |
| Filing 29 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction #24 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk 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 in connection with entry of the TRO, 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 that it provided electronic notice to defendants of the pendency of this action and the motion, 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 are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice (cc, ) |
| Filing 28 CERTIFICATE of Service by Plaintiff Howard Robinson regarding text entry,, #27 (Vogt, Keith) |
| Filing 27 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion #24 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 2/5/24." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice (cc, ) |
| Filing 26 SUMMONS Returned Executed by Howard Robinson as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/29/2024, answer due 2/19/2024. (Attachments: #1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) |
| Filing 25 MEMORANDUM by Howard Robinson 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 Howard Robinson for preliminary injunction (Vogt, Keith) |
| Filing 23 SURETY BOND in the amount of $ 10,000 posted by Howard Robinson (Document not scanned.) (lw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (ksr, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeffrey I Cummings on 1/22/2024. Mailed notice. (lw, ) |
| Filing 21 MINUTE entry before the Honorable Jeffrey I Cummings:Plaintiff's motion for leave to file under seal #11 , ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 13 are granted solely as to the defendants listed on plaintiff's amended schedule A #19 . Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing set for 2/23/24 at 9:00 a.m. (to track the case only, no appearance is filed). Mailed notice (cc, ) |
| Filing 20 AMENDED EXHIBIT 2 by Plaintiff Howard Robinson [Amended] Sealed Exhibit 2, Declaration of Howard Robinson regarding exhibit #15 , memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 2/8/2024 (jh, ). |
| Filing 19 SEALED DOCUMENT by Plaintiff Howard Robinson [Amended] Schedule A to Complaint #1 and Schedule A #2 (Vogt, Keith) |
| Filing 18 MAILED Copyright report to Registrar, Washington DC. (jh, ) |
| Filing 17 MAILED Copyright report to Registrar, Washington DC. (jh, ) |
| Filing 16 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file excess pages #12 is granted. Plaintiff's motion for leave to file under seal #11 and plaintiff's motion for temporary restraining order 13 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 200 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 1/19/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice (cc, ) |
| Filing 15 EXHIBIT 2 by Plaintiff Howard Robinson Sealed Exhibit 2, Declaration of Howard Robinson regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Vogt, Keith) Modified on 2/8/2024 (jh, ). |
| 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 Howard Robinson, #4 Exhibit 1, of of Howard Robinson's declaration)(Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Howard Robinson for leave to file excess pages (Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Howard Robinson for leave to file under seal (Vogt, Keith) |
| Filing 10 ATTORNEY Appearance for Plaintiff Howard Robinson by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Howard Robinson by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Howard Robinson by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Howard Robinson by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Howard Robinson by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Howard Robinson by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Howard Robinson by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A by Plaintiff Howard Robinson Schedule A to Complaint #1 . (Vogt, Keith) Modified on 2/8/2024 (jh, ). |
| Filing 1 COMPLAINT filed by Howard Robinson; Filing fee $ 405, receipt number AILNDC-21477926. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 3). (jb, ) |
| 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. (jb, ) |
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