JFXD TRX ACQ LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Slim Panda Sports, YIXin Store, Fanhongtan, Zhidong Chen, Ci Ke, INNSTAR, JerryDong, leipupa-US, Macpart, nuolate2019, ORANGE FOREST, Pantik, simhoaus, tonginaUS, Tootye us, TrendyNow Direct, VBNING, ZUKAM Direct, Boyou Store, Fcflower, Moshang Co.,Ltd. and ShenzhenGuangyipengTechnology Co . Ltd |
| JFXD TRX ACQ LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2024cv00715 |
| January 26, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 50 MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of plaintiff's motion to strike defendant Slim Panda Sports' affirmative defenses #45 . Defendant Slim Panda shall respond by 4/5/24. No reply unless ordered by the Court. The Court will review the parties' submissions and will either issue a ruling by mail or set a hearing if appropriate. Mailed notice (cc, ) |
| Filing 49 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff and defendant Innstar's agreed motion to stay or extend pending deadlines #47 is granted as follows. The 3/22/24 deadline for plaintiff to file its reply in support of its motion for preliminary injunction and the 3/25/24 deadline for plaintiff to respond to defendant's counterclaim are stayed. Plaintiff's pending motion for sanctions #42 is terminated without prejudice. Mailed notice (cc, ) |
| Filing 48 NOTICE of Voluntary Dismissal by JFXD TRX ACQ LLC as to certain defendants (Joseph, Justin) |
| Filing 47 MOTION by Plaintiff JFXD TRX ACQ LLC for extension of time or to Stay Pending Deadlines (AGREED) (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 46 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 3/18/2024. Mailed notice. (jg, ) |
| Filing 45 MOTION by Plaintiff JFXD TRX ACQ LLC to strike Defendant Slim Panda Sports' Affirmative Defenses in the Answer #32 (Joseph, Justin) |
| Filing 44 NOTICE of Voluntary Dismissal by JFXD TRX ACQ LLC as to certain defendants (Joseph, Justin) |
| Filing 43 DECLARATION of Justin T. Joseph regarding motion for sanctions #42 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Joseph, Justin) |
| Filing 42 MOTION by Plaintiff JFXD TRX ACQ LLC for sanctions Pursuant to Fed. R. Civ. P. 37 (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 41 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for preliminary injunction #23 is granted as to all remaining defendants, excluding defendants Yixin Store and Fanhongtan (which are negotiating settlement agreements with plaintiff), defendant Innstar (which filed an opposition to the motion #38 ), and defendant Slim Panda Sports (which has retained counsel since the Court entered its order setting a deadline for responses to the motion for preliminary injunction). Plaintiff shall file a reply to defendant Innstar's response to the motion for preliminary injunction by 3/22/24. Defendant Slim Panda Sports shall file its response, if any, to plaintiff's motion for preliminary injunction by 3/22/24. If instead these parties reach agreements to resolve this matter, plaintiff shall promptly file notices of voluntary dismissal as appropriate. As to all other remaining defendants, 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 infringing 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 remaining defendant. By 3/14/24, plaintiff shall submit an updated proposed preliminary injunction order to reflect the dismissal of defendant Fcflower, and excluding defendants Yixin Store, Fanhongtan, and Slim Panda. Plaintiff's counsel is directed to ensure that all remaining 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. The 3/11/24 tracking status hearing is stricken and re-set for 5/13/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 40 MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' motion for extension of time #36 is granted. Defendants Yixin Store and Fanhongtan shall answer or otherwise plead by 3/20/24. Mailed notice (cc, ) |
| Filing 39 MINUTE entry before the Honorable Jeffrey I Cummings: Pursuant to the parties' joint stipulation to dismiss #34 , defendant Fcflower (No. 20) is dismissed without prejudice with leave to reinstate on or before 11/29/24. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Each side shall bear its own attorney's fees and costs. Mailed notice (cc, ) |
| NEW PARTIES: Ci Ke, INNSTAR, JerryDong, leipupa-US, Macpart, nuolate2019, ORANGE FOREST, Pantik, simhoaus, tonginaUS, Tootye us, TrendyNow Direct, VBNING, ZUKAM Direct, Boyou Store, Fcflower, Moshang Co.,Ltd. and ShenzhenGuangyipengTechnology Co. Ltd added to case caption. (Gaudio, Justin) |
| Filing 36 MOTION by Defendants Fanhongtan, YIXin Store for extension of time to file answer regarding complaint #1 (Wang, Timothy) |
| Filing 35 ATTORNEY Appearance for Defendants YIXin Store, Fanhongtan by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 38 RESPONSE to Plaintiff's Motion for Preliminary Injunction #23 (Exhibits)(Received via pro se email on 03/02/2024.) (smb, ) |
| Filing 37 ANSWER, Affirmative Defense, and Counterclaims by The Partnerships and Unincorporated Associations Identified on Schedule A to Plaintiff's Complaint (jg, ) |
| Filing 34 STIPULATION of Dismissal as to Defendant Fcflower (Joseph, Justin) |
| Filing 33 NOTICE of Voluntary Dismissal by JFXD TRX ACQ LLC as to certain defendants (Joseph, Justin) |
| Filing 32 ANSWER to Complaint by Slim Panda Sports(Migliorini, Kyle) |
| Filing 31 ATTORNEY Appearance for Defendant Slim Panda Sports by Kyle Andrew Migliorini (Migliorini, Kyle) |
| Filing 30 ATTORNEY Appearance for Defendant Slim Panda Sports by Kyle Andrew Migliorini (Migliorini, Kyle) |
| Filing 29 ATTORNEY Appearance for Defendant Slim Panda Sports by Kyle Andrew Migliorini (Migliorini, Kyle) |
| Filing 28 RESPONSE to Plaintiff's Motion for Preliminary Injunction by Chen Long #23 (smb, ) |
| Filing 27 CERTIFICATE of Service by Plaintiff JFXD TRX ACQ LLC regarding order on motion for preliminary injunction,,,,, text entry,,,, #26 (Attachments: #1 Exhibit A)(Burnham, Andrew) |
| Filing 26 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction #23 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 or before 2/22/24." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 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. Mailed notice (cc, ) |
| Filing 25 SUMMONS Returned Executed by JFXD TRX ACQ LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/14/2024, answer due 3/6/2024. (Attachments: #1 Declaration of Andrew D. Burnham, #2 Exhibit A)(Burnham, Andrew) |
| Filing 24 MEMORANDUM by JFXD TRX ACQ LLC in support of motion for preliminary injunction #23 (Attachments: #1 Declaration of Justin T. Joseph, #2 Exhibit 1)(Joseph, Justin) |
| Filing 23 MOTION by Plaintiff JFXD TRX ACQ LLC for preliminary injunction (Attachments: #1 Exhibit A)(Joseph, Justin) |
| Filing 22 CIVIL BOND in the amount of $ 10,000 posted by JFXD TRX ACQ LLC. (gcy, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
| Filing 21 TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 2/6/2024 (td, ) Modified on 3/12/2024 (emc, ). |
| Filing 20 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal #4 , ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #12 , and plaintiff's motion for electronic service of process #17 are granted. 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 is set for 3/11/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 19 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #18 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 18 MEMORANDUM by JFXD TRX ACQ LLC in support of motion for miscellaneous relief #17 (Gaudio, Justin) |
| Filing 17 MOTION by Plaintiff JFXD TRX ACQ LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Filing 16 DECLARATION of Alain Villenueve EXHIBIT 2 by Plaintiff JFXD TRX ACQ LLC Exhibit 2 regarding declaration #15 (Attachments: #1 Exhibit 2-1)(Gaudio, Justin) Modified on 3/12/2024 (emc, ). |
| Filing 15 DECLARATION of Alain Villeneuve regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1)(Gaudio, Justin) |
| Filing 14 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion #13 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gaudio, Justin) |
| Filing 13 MEMORANDUM by JFXD TRX ACQ LLC in support of motion for temporary restraining order #12 (Gaudio, Justin) |
| Filing 12 MOTION by Plaintiff JFXD TRX ACQ LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| 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 Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category One). (lw, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff JFXD TRX ACQ LLC by Andrew Daniel Burnham (Burnham, Andrew) |
| Filing 10 ATTORNEY Appearance for Plaintiff JFXD TRX ACQ LLC by Justin Tyler Joseph (Joseph, Justin) |
| Filing 9 ATTORNEY Appearance for Plaintiff JFXD TRX ACQ LLC by Amy Crout Ziegler (Ziegler, Amy) |
| Filing 8 ATTORNEY Appearance for Plaintiff JFXD TRX ACQ LLC by Justin R. Gaudio (Gaudio, Justin) |
| Filing 7 Notice of Claims Involving Patents by JFXD TRX ACQ LLC (Gaudio, Justin) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by JFXD TRX ACQ LLC (Gaudio, Justin) |
| Filing 5 CIVIL Cover Sheet (Gaudio, Justin) |
| Filing 4 MOTION by Plaintiff JFXD TRX ACQ LLC for leave to file under seal (Gaudio, Justin) |
| Filing 3 EXHIBIT by Plaintiff JFXD TRX ACQ LLC Exhibit 1 regarding complaint #1 (Attachments: #1 Exhibit 1)(Gaudio, Justin) Modified on 3/12/2024 (emc, ). |
| Filing 2 SCHEDULE A by Plaintiff JFXD TRX ACQ LLC Schedule A regarding complaint #1 (Gaudio, Justin) Modified on 3/12/2024 (emc, ). |
| Filing 1 COMPLAINT filed by JFXD TRX ACQ LLC; Filing fee $ 405, receipt number AILNDC-21573084. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Gaudio, Justin) |
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