Albert Koetsier v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Albert Koetsier |
| The Partnerships and Unincorporated Associations Identified on Schedule A, DOU SHOP, guangzhouqiaolishangmaoyouxiangongsi, YUA Tablecloths, Pursuit sunflower, Ysjf1, Bore bore mi, TaoJS Business, Bisibuy-US, tiannai, OTJER, HA CLOSET, 20CLOSET, LiAiWStores, Dubianlifeng, IFJD, xiaowangyan, JinJiangShiQingYangJieDaoHuLiHuaHuaZhuangPinShang H, ZENGCUIH, hao yun bai huo shang dian, Laibao, ShunRanBianLiShangHang, chenbaibaihuodian, kuanyi, YI FAN SHANGMAO, XXXDZ, RuiKe. Co Ltd, FeiSu Shop, BigLeopard Shop, PEACNNG Co. Ltd, Dsseng Co., Ltd, fashionstyle, Ieskayiz Home, lilamaoyi, Tapesb, Wanning Langrun Co., Ltd., Zkptops, Shangju Technology Co., ltd, Zhuoshengben., Ltd, TIGERMILLION, YT E-Commerce Co.,Ltd, Shuntuo., Ltd, Yanyijiang, Yinsihan, Zhengqian Store, Heetcer, Jinan Yuanke Trading Co., Ltd., Lechang Co., Ltd., qianshengyu Trading Co., Ltd., QJUHUNG Co. Ltd, AT Co., Ltd., youjin INC, Major Multi, lai rong Trading Co., Ltd., Better Funiture Co. Ltd., twklestars, Smashing Group, candyfly, Daoke Technology Co., Ltd., Haxercise, Aofa, Nameping Store, MAX ONE YEAR, jianzhaofafafa, pengtianlonglong, renliwei76351, Beaty curtains, lerAnt Lane, ntnt home, fancyboutique, caoshijie, beigufei, lilongshangmao, XIAOYANGchenjing, tiandaocuiyin, yujietaikun, Welldone bobby, guohui9380, QWYNO, Fu Miao love home textiles, huayi art painting, GsooT, PORT, DOORMAT, TYCZ Handmade, KH home decor and Defendant 19 |
| 1:2024cv00545 |
| January 22, 2024 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 36 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #33 , which seek to voluntarily dismiss the defendants named in those motions 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 the defendants named in #33 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff has already filed an amended Schedule A on the docket, #34 . Bisibuy-US, Dsseng Co., Ltd, FeiSu Shop, Fu Miao love home textiles, GsooT, IFJD, Ieskayiz Home, KH home decor, PEACNNG Co. Ltd, QJUHUNG Co. Ltd, Shangju Technology Co., ltd, TYCZ Handmade, Tapesb, YUA Tablecloths, Zkptops, fancyboutique, hao yun bai huo shang dian, kuanyi, lilamaoyi, tiannai, Aofa and BigLeopard Shop are terminated. (rao, ) |
| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time #32 is granted. Defendants should file an answer or otherwise responsive pleading by 4/17/24. (rao, ) |
| Filing 34 Amended Schedule A #2 by Albert Koetsier (Vogt, Keith) |
| Filing 33 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 32 MOTION by Defendants Shuntuo., Ltd, Yanyijiang, Zhuoshengben., Ltd for extension of time UNOPPOSED (Urbanczyk, Adam) |
| Filing 31 ATTORNEY Appearance for Defendants Shuntuo., Ltd, Yanyijiang, Zhuoshengben., Ltd by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 30 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, #28 , must enter an appearance and file a written objection by 3/18/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 29 MEMORANDUM by Albert Koetsier in support of motion for default judgment #28 (Attachments: #1 Declaration 1, #2 Declaration 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 28 MOTION by Plaintiff Albert Koetsier for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A.pdf (Vogt, Keith) |
Filing 27
ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 2/21/2024. Mailed notice. (smb, )
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| Filing 26 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 2/21/2024: (rao, ) |
| Filing 25 MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, #20 . A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction #20 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 Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| NEW PARTIES: hao yun bai huo shang dian, Laibao, ShunRanBianLiShangHang, chenbaibaihuodian, kuanyi, YI FAN SHANGMAO, YI FAN SHANGMAO, XXXDZ, RuiKe. Co Ltd, FeiSu Shop, BigLeopard Shop, PEACNNG Co. Ltd, Dsseng Co., Ltd, fashionstyle, Ieskayiz Home, lilamaoyi, Tapesb, Wanning Langrun Co., Ltd., Zkptops, Shangju Technology Co., ltd, Zhuoshengben., Ltd, TIGERMILLION, YT E-Commerce Co.,Ltd, Shuntuo., Ltd, Yanyijiang, Yinsihan, Zhengqian Store, Heetcer, Jinan Yuanke Trading Co., Ltd., Lechang Co., Ltd., qianshengyu Trading Co., Ltd., QJUHUNG Co. Ltd, AT Co., Ltd., youjin INC, Major Multi, lai rong Trading Co., Ltd., Better Funiture Co. Ltd., twklestars, Smashing Group, candyfly, Daoke Technology Co., Ltd., Haxercise, Aofa, Nameping Store, MAX ONE YEAR, jianzhaofafafa, pengtianlonglong, renliwei76351, Beaty curtains, lerAnt Lane, ntnt home, fancyboutique, caoshijie, beigufei, lilongshangmao, XIAOYANGchenjing, tiandaocuiyin, yujietaikun, Welldone bobby, guohui9380, QWYNO, Fu Miao love home textiles, huayi art painting, GsooT, PORT, DOORMAT, TYCZ Handmade and KH home decor added to case caption. (Vogt, Keith) |
| NEW PARTIES: Defendant 19 added to case caption. (Vogt, Keith) |
| NEW PARTIES: DOU SHOP, guangzhouqiaolishangmaoyouxiangongsi, YUA Tablecloths, Pursuit sunflower, Ysjf1, Bore bore mi, TaoJS Business, Bisibuy-US, tiannai, OTJER, HA CLOSET, 20CLOSET, LiAiWStores, Dubianlifeng, IFJD, xiaowangyan, JinJiangShiQingYangJieDaoHuLiHuaHuaZhuangPinShang H and ZENGCUIH added to case caption. (Vogt, Keith) |
| Filing 24 CERTIFICATE of Service by Plaintiff Albert Koetsier regarding set motion and R&R deadlines/hearings,,, #23 (Vogt, Keith) |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #20 under advisement and will consider the motion unopposed if no defendant appears and objects by 2/16/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's order entering the TRO, 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). Because 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 22 SUMMONS Returned Executed by Albert Koetsier as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/5/2024, answer due 2/26/2024. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 21 MEMORANDUM by Albert Koetsier in support of motion for preliminary injunction #20 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 20 MOTION by Plaintiff Albert Koetsier for preliminary injunction (Vogt, Keith) |
| Filing 19 SURETY BOND in the amount of $ 10,000 posted by Albert Koetsier. (Document not Imaged) (jh, ) |
| Filing 18 TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 1/26/2024: (rao, ) Modified on 2/22/2024 (lm, ). |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ( #12 , #13 , and #14 ) filed by Albert Koetsier, the supporting memoranda ( #15 , #16 ) and the temporary restraining order, plaintiff's motions for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by mail and/or electronic publication #14 , motion for leave to file excess pages #13 , and motion to seal #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 sales 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 (ksr, ) |
| Filing 16 EXHIBIT by Plaintiff Albert Koetsier Sealed Exhibit 2, Declaration of Albert Koetsier regarding memorandum in support of motion, #15 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 2/22/2024 (lm, ). |
| 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 Albert Koetsier, #4 Exhibit 1, of Albert Koetsier's declaration)(Vogt, Keith) |
| Filing 14 EX PARTE MOTION by Plaintiff Albert Koetsier 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 13 MOTION by Plaintiff Albert Koetsier for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Albert Koetsier for leave to file under seal (Vogt, Keith) |
| Filing 11 MAILED copyright report to Registrar, Washington DC (emc, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Albert Koetsier by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Albert Koetsier by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Albert Koetsier by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Albert Koetsier by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Albert Koetsier by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Albert Koetsier by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Albert Koetsier by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 EXHIBIT by Plaintiff Albert Koetsier Schedule A to Complaint #1 (Vogt, Keith) Modified on 2/22/2024 (lm, ). |
| Filing 1 COMPLAINT filed by Albert Koetsier; Filing fee $ 405, receipt number AILNDC-21552009. (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 Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). (jxm, ) |
| 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, ) |
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