Liao v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint
| Gulan Liao |
| Entities on Schedule A and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint |
| 1:2024cv00147 |
| January 5, 2024 |
| U.S. District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 NOTICE of Motion by Shengmao Mu for presentment of extension of time #24 before Honorable LaShonda A. Hunt on 3/7/2024 at 10:00 AM. (Mu, Shengmao) |
| Filing 26 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for extension of time #24 (Mu, Shengmao) |
| Filing 25 MEMORANDUM extension of time #24 by Gulan Liao (Mu, Shengmao) |
| Filing 24 MOTION by Plaintiff Gulan Liao for extension of time (Mu, Shengmao) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint (gmm, ) |
| Filing 23 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/26/2024. Emailed copy to plaintiff's counsel. (cdh, ) |
| Filing 22 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, a temporary asset restraint, and expedited discovery #10 #11 is granted. Plaintiff's motion for leave to serve process through electronic means pursuant to Fed. R. Civ. P. 4(f)(3) #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 unauthorized 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. Expedited discovery is warranted to identify defendants and implement the asset freeze. Plaintiff may effectuate service of process by e-mail and electronic publication. 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. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| Filing 21 SEALED DOCUMENT by Plaintiff Gulan Liao memorandum supporting joinder of Defendants on the Second Amended Schedule A (Attachments: #1 Exhibit 1)(Mu, Shengmao) |
| Filing 20 SEALED DOCUMENT by Plaintiff Gulan Liao Second Amended Schedule A (Mu, Shengmao) |
| Filing 19 MEMORANDUM by Gulan Liao in support of Sealed motion #10 (Mu, Shengmao) |
| Filing 18 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal #3 is granted in part and denied in part. Schedule A #4 , amended Schedule A #9 , and the Liao Affidavit and Exhibits [12-1][12-2][12-3][12-4] reflecting activity of the defendant internet stores shall remain sealed until further court order. However, Plaintiff has not established any basis for sealing its patent information #5 #6 or briefs in support of an ex parte TRO #10 #11 #12 . See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."). The Clerk of Court is directed, forthwith, to unseal Exhibit 1 #5 , Exhibit 2 #6 , and the motions for temporary restraining order #10 #11 . Plaintiff is ordered to file its memorandum in support of TRO #12 separately on the public docket by 2/6/24. Plaintiff names 67 defendants in this single case and seeks ex parte relief against each of them #11 . However, after reviewing the complaint #1 , the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/15/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each amended Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal a second amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on second amended Schedule A. Plaintiff's motion for a TRO #11 (which appears to be a duplicate of the motion at #10 ) and motion for service by publication #13 will remain under advisement until the joinder issue is resolved. Emailed notice. (cdh, ) |
| Filing 17 ATTORNEY Appearance for Plaintiff Gulan Liao by Shengmao Mu (Mu, Shengmao) |
| Filing 16 MINUTE entry before the Honorable LaShonda A. Hunt: Motion by Plaintiff to seal #3 , Sealed Motions for Temporary Restraining Order #11 #12 , and Motion for Service by Publication #13 are taken under advisement. No appearance is necessary on 1/16/24. Emailed notice. (cdh, ) |
| Filing 15 NOTICE of Motion by Shengmao Mu for presentment of Sealed motion #11 , motion for service by publication #13 before Honorable LaShonda A. Hunt on 1/16/2024 at 10:00 AM. (Mu, Shengmao) |
| Filing 14 MEMORANDUM by Gulan Liao in support of motion for service by publication #13 (Mu, Shengmao) |
| Filing 13 MOTION by Plaintiff Gulan Liao for service by publication (Mu, Shengmao) |
| Filing 12 SEALED DOCUMENT by Plaintiff Gulan Liao Memorandum in support of TRO (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2, #3 Exhibit 3-3, #4 Affidavit Liao)(Mu, Shengmao) |
| Filing 11 SEALED MOTION by Plaintiff Gulan Liao Temporary Restraining Order (Mu, Shengmao) |
| Filing 10 SEALED MOTION by Plaintiff Gulan Liao Temporary Restraining Order (Mu, Shengmao) |
| Filing 9 SEALED DOCUMENT by Plaintiff Gulan Liao corrected Schedule A (Mu, Shengmao) |
| Filing 8 MAILED copyright report to Registrar, Washington DC. (jj, ) |
| Filing 7 MAILED patent report to Patent Trademark Office, Alexandria VA. (jj, ) |
| Filing 6 SEALED DOCUMENT by Plaintiff Gulan Liao Exhibit 2 (Mu, Shengmao) |
| Filing 5 SEALED DOCUMENT by Plaintiff Gulan Liao Exhibit 1 (Mu, Shengmao) |
| Filing 4 SEALED DOCUMENT by Plaintiff Gulan Liao Schedule A (Mu, Shengmao) |
| Filing 3 MOTION by Plaintiff Gulan Liao to seal (Mu, Shengmao) |
| Filing 2 CIVIL Cover Sheet (Mu, Shengmao) |
| Filing 1 COMPLAINT filed by Gulan Liao; Jury Demand. Filing fee $ 405, receipt number AILNDC-21491992.(Mu, Shengmao) |
| 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. (lw, ) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category One). (lw, ) |
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| Plaintiff: Gulan Liao | |
| Represented By: | Shengmao Mu |
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| Defendant: Entities on Schedule A | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint | |
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