Jeff Bartels v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Jeff Bartels |
| The Partnerships and Unincorporated Associations Identified on Schedule A, hbmaodi, bosheng, Huaqiao Textile Co., Ltd., Caiyi, Artnyutu, xuwj, FromCalifornia and baokuangde changp |
| 1:2024cv00236 |
| January 10, 2024 |
| 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 42 CERTIFICATE of Service by Plaintiff Jeff Bartels regarding set motion and R&R deadlines/hearings,,,,, terminate hearings,,,, #41 (Vogt, Keith) |
| Filing 41 MINUTE entry before the Honorable LaShonda A. Hunt: 1:24-cv-00236 Jeff Bartels v. The Partnerships and Unincorporated Associations Identified on Schedule A Before the Court is Plaintiff's motion for entry of default and default judgment #38 against the remaining defendants identified in Amended Schedule A [38-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended 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 3/21/24. 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 3/19/24. Emailed notice. (cdh, ) |
| Filing 40 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #38 before Honorable LaShonda A. Hunt on 3/19/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 39 MEMORANDUM by Jeff Bartels in support of motion for default judgment #38 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 38 MOTION by Plaintiff Jeff Bartels for default judgment as to The Defendants Identified In The Second Amended Schedule A (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 37 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 2/20/2024. Emailed notice. (cdh, ) |
| 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 2/9/24, and Defendants' responses to the complaint are due by 3/1/24 #32 . By 3/21/24, 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. Emailed notice. (cdh, ) |
| Filing 35 MINUTE entry before the Honorable LaShonda A. Hunt: Emailed notice Telephonic motion hearing held. Defendants did not appear. Plaintiff's motion for entry of a preliminary injunction #29 is granted. Plaintiff's filings and statements at the hearing 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 relied upon by the Court in connection with entry of the TRO #27 , 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 #34 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, including this notice of this hearing, but no Defendant appeared or objected to the motion for entry of a preliminary injunction. Enter Preliminary Injunction Order. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A #18 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) |
| NEW PARTIES: hbmaodi, bosheng, Huaqiao Textile Co., Ltd., Caiyi, Artnyutu, xuwj, FromCalifornia and baokuangde changp added to case caption. (Vogt, Keith) |
| Filing 34 CERTIFICATE of Service by Plaintiff Jeff Bartels regarding order on motion for preliminary injunction,,,,,, terminate hearings,,,,,, set motion and R&R deadlines/hearings,,,,, #33 (Vogt, Keith) |
| Filing 33 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction #29 is taken under advisement. A telephonic motion hearing is set for 2/20/24, 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 2/19/24 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 2/14/24. Emailed notice. (cdh, ) |
| Filing 32 SUMMONS Returned Executed by Jeff Bartels as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/9/2024, answer due 3/1/2024. (Attachments: #1 Declaration of Service, #2 Exhibit 1, of Declaration of Service)(Vogt, Keith) |
| Filing 31 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #29 before Honorable LaShonda A. Hunt on 2/14/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 30 MEMORANDUM by Jeff Bartels in support of motion for preliminary injunction #29 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 29 MOTION by Plaintiff Jeff Bartels for preliminary injunction (Vogt, Keith) |
| Filing 28 INJUNCTION BOND in the amount of $8,000 posted by Jeff Bartels (smb, ) |
| Filing 27 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/2/2024. Emailed notice to counsel for plaintiff. (cdh, ) |
| Filing 26 DOCUMENT REMOVED as entered in error. Modified on 2/2/2024 (cdh, ). |
| Filing 25 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motions for Leave to File Under Seal #12 #19 are granted. Schedule A #2 , Amended Schedule A #18 , and the Bartels Declaration Exhibits #16 #23 shall remain sealed until further court order. Plaintiff's Motions to Exceed Page Limitations #13 #20 are granted. Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Asset Restraint, Expedited Discovery and Service of Process by Email and/or Electronic Publication 14 is superseded by Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Asset Restraint, Expedited Discovery and Service of Process by Email and/or Electronic Publication 21 . The latter motion 21 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. All certificates of service must identify the specific email address used to serve each defendant. 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 $8,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 2/7/24. Emailed notice. (cdh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
| Filing 24 Presentment for Exparte motion 21 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file #19 , motion for leave to file excess pages #20 before Honorable LaShonda A. Hunt on 2/7/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 23 EXHIBIT by Plaintiff Jeff Bartels [Amended] Sealed Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion, #22 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 2/21/2024 (emc, ). |
| Filing 22 MEMORANDUM in support of 21 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Jeff Bartels, #4 Exhibit 1, of Jeff Bartels' declaration)(Vogt, Keith) |
| Filing 20 MOTION by Plaintiff Jeff Bartels for leave to file excess pages (Vogt, Keith) |
| Filing 19 MOTION by Plaintiff Jeff Bartels for leave to file under seal (Vogt, Keith) |
| Filing 18 SEALED DOCUMENT by Plaintiff Jeff Bartels [Amended] Schedule A to Complaint #1 and Schedule A #2 (Vogt, Keith) |
| Filing 17 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 1/23/2024. (ags) |
| Filing 16 EXHIBIT by Plaintiff Jeff Bartels Sealed Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion, #15 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Vogt, Keith) Modified on 2/21/2024 (emc, ). |
| 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 Jeff Bartels, #4 Exhibit 1, of Jeff Bartels' declaration)(Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Jeff Bartels for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Jeff Bartels for leave to file under seal (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. (jxm, ) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). (jxm, ) |
| Filing 11 MAILED Copyright report to Registrar, Washington DC (nsf, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Jeff Bartels by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Jeff Bartels by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Jeff Bartels by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Jeff Bartels by Yi Bu (Bu, Yi) |
| Filing 6 ATTORNEY Appearance for Plaintiff Jeff Bartels by Adam Grodman (Grodman, Adam) |
| Filing 5 ATTORNEY Appearance for Plaintiff Jeff Bartels by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Jeff Bartels by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Jeff Bartels Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Jeff Bartels; Filing fee $ 405, receipt number AILNDC-21507236. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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