Koetsier v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Albert Koetsier |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Daesar, LIESON, YINMY, Ang Yu, KOCAMAN TICARET, Cozywoodart, shangdu, EDCRF-2023 Prime Day Deals Today 2023, Defendant 5 and Defendant 7 |
| 1:2024cv01220 |
| February 13, 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 36 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #34 before Honorable LaShonda A. Hunt on 4/18/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 35 MEMORANDUM by Albert Koetsier in support of motion for default judgment #34 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 34 MOTION by Plaintiff Albert Koetsier for default judgment as to The Defendants Identified In The Second Amended Schedule A (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| NEW PARTIES: Daesar, LIESON, YINMY, Ang Yu, KOCAMAN TICARET, Cozywoodart, shangdu, EDCRF-2023 Prime Day Deals Today 2023, Defendant 5 and Defendant 7 added to case caption. (Vogt, Keith) |
| Filing 33 DOCUMENT REMOVED as it is duplicative of #31 . Modified on 3/26/2024. (cdh, ). |
| Filing 32 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 #31 . Summons were executed on 3/11/24, and Defendants' responses to the complaint are due by 4/1/24 #25 . By 4/25/24, 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 31 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/26/2024. Emailed notice. (cdh, ) |
| Filing 30 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #22 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 3/25/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry of the TRO #19 , 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 #25 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, 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 Amended Schedule A #15 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) |
| Filing 29 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to extend TRO #26 is denied as moot in light of the Court's prior order extending the TRO through adjudication of the pending motion for a preliminary injunction #27 . Emailed notice. (cdh, ) |
| Filing 28 CERTIFICATE of Service by Plaintiff Albert Koetsier regarding terminate hearings,,,,,, set motion and R&R deadlines/hearings,,,,, #27 (Vogt, Keith) |
| Filing 27 MINUTE entry before the Honorable LaShonda A. Hunt: In-person hearing on Plaintiff's Motion for Preliminary Injunction #22 is reset to a telephonic hearing on 3/26/24, at 10:00 AM. Attorneys/Parties should appear for the status hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the 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 3/25/24, 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 3/19/24. Emailed notice. (cdh, ) |
| Filing 26 MOTION by Plaintiff Albert Koetsier for extension of time of the Temporary Restraining Order (Vogt, Keith) |
| Filing 25 SUMMONS Returned Executed by Albert Koetsier as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/11/2024, answer due 4/1/2024. (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
| Filing 24 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #22 before Honorable LaShonda A. Hunt on 3/19/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 23 MEMORANDUM by Albert Koetsier in support of motion for preliminary injunction #22 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 22 MOTION by Plaintiff Albert Koetsier for preliminary injunction (Vogt, Keith) |
| Filing 21 SURETY BOND in the amount of $ 10,000 posted by Albert Koetsier. (Document not imaged) (nsf, ) |
| Filing 20 SSEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 3/1/2024. Emailed notice. (cdh, ) |
| Filing 19 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, a temporary asset restraint, expedited discovery and service of process by email and electronic publication 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 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. 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 $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (daj, ) |
| Filing 18 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motions for leave to file under seal #11 and motion to exceed page limitation #12 are granted. The documents filed at #2 , #15 , and #16 shall remain under seal until further court order. Plaintiff's brief in support of the TRO motion may exceed the 15-page limitation. Plaintiff's TRO motion 13 is taken under advisement. No appearance is necessary on 2/20/24. Emailed notice. (cdh, ) |
| Filing 17 Presentment for Exparte motion 13 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages #12 , motion for leave to file #11 before Honorable LaShonda A. Hunt on 2/20/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 16 SEALED EXHIBIT by Plaintiff Albert Koetsier Sealed Exhibit 2, Declaration of Albert Koetsier regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 15 SEALED DOCUMENT by Plaintiff Albert Koetsier [Amended] Schedule A to Complaint #1 and Schedule A #2 (Vogt, Keith) |
| 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 Albert Koetsier, #4 Exhibit 1, of Albert Koetsier's declaration)(Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Albert Koetsier for leave to file excess pages (Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Albert Koetsier for leave to file under seal (Vogt, Keith) |
| 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 SEALED DOCUMENT by Plaintiff Albert Koetsier Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Albert Koetsier; Filing fee $ 405, receipt number AILNDC-21633501. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). (jcm) |
| 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. (jcm) |
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