Andrey Prokhorov v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Andrey Prokhorov |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Aiterwu, telglass, nusind, Hubzodsnn, Sxhlsellon, Tminny88, qiters, Usaozak, Vikye-H and Hoozad-US |
| 1:2024cv01370 |
| February 19, 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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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 CERTIFICATE of Service by Plaintiff Andrey Prokhorov regarding terminate hearings,,,,, set motion and R&R deadlines/hearings,,,, #42 (Vogt, Keith) |
| Filing 42 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of default and default judgment #39 against the remaining defendants identified in First Amended Schedule A, excluding any defendants who have been dismissed or settled but not yet dismissed [39-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on First 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 4/30/24. 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 4/18/24.Emailed notice. (cdh, ) |
| Filing 41 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #39 before Honorable LaShonda A. Hunt on 4/18/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 40 MEMORANDUM by Andrey Prokhorov in support of motion for default judgment #39 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 39 MOTION by Plaintiff Andrey Prokhorov for default judgment as to The Defendants Identified In First Amended Schedule A (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 38 MINUTE entry before the Honorable LaShonda A. Hunt: Defendants' Unopposed Motion to Extend Deadline to Answer or Otherwise Respond #36 is granted for good cause shown as the parties are discussing resolution. Defendants Aiterwu, Hubzodsnn, Sxhlsellon, Usaozak, Vikye-H, nusind, and qiters shall respond to the Complaint by 4/24/24. No appearance is necessary on 4/17/24. Emailed notice. (cdh, ) |
| Filing 37 NOTICE of Motion by Timothy Tiewei Wang for presentment of motion for extension of time to file answer #36 before Honorable LaShonda A. Hunt on 4/17/2024 at 10:00 AM. (Wang, Timothy) |
| Filing 36 MOTION by Defendants Aiterwu, Hubzodsnn, Sxhlsellon, Usaozak, Vikye-H, nusind, qiters for extension of time to file answer regarding complaint #1 (Wang, Timothy) |
| Filing 35 ATTORNEY Appearance for Defendants Aiterwu, Hubzodsnn, Sxhlsellon, Usaozak, Vikye-H, nusind, qiters by Timothy Tiewei Wang (Wang, Timothy) |
| NEW PARTIES: Aiterwu, telglass, nusind, Hubzodsnn, Sxhlsellon, Tminny88, qiters, Usaozak, Vikye-H and Hoozad-US added to case caption. (Vogt, Keith) |
| Filing 34 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 #33 . Summons were executed on 3/8/24, and Defendants' responses to the complaint are due by 3/29/24. 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 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/26/2024. Emailed notice. (cdh, ) |
| Filing 32 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction #24 , 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 #21 , 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 #27 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 #12 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 31 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to extend TRO #28 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 #29 . Emailed notice. (cdh, ) |
| Filing 30 CERTIFICATE of Service by Plaintiff Andrey Prokhorov regarding order on motion for preliminary injunction,,,,,, order on motion for extension of time,,,,,, terminate hearings,,,,,, set motion and R&R deadlines/hearings,,,,, #29 (Vogt, Keith) |
| Filing 29 MINUTE entry before the Honorable LaShonda A. Hunt: In-person hearing on Plaintiff's Motion for Preliminary Injunction #24 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 28 MOTION by Plaintiff Andrey Prokhorov for extension of time of the Temporary Restraining Order (Vogt, Keith) |
| Filing 27 SUMMONS Returned Executed by Andrey Prokhorov as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/8/2024, answer due 3/29/2024. (Attachments: #1 Declaration of Service, Keith A. Vogt, #2 Exhibit 1, Declaration of of Service, Keith A. Vogt)(Vogt, Keith) |
| Filing 26 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #24 before Honorable LaShonda A. Hunt on 3/19/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 25 MEMORANDUM by Andrey Prokhorov in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 24 MOTION by Plaintiff Andrey Prokhorov for preliminary injunction (Vogt, Keith) |
| Filing 23 INJUNCTION BOND in the amount of $ 10,000 posted by Andrey Prokhorov (Received over Intake Counter) (Document not scanned) (rp, ) |
| Filing 21 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion 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 15 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. No appearance is necessary on 3/7/24. Emailed notice. (cdh, ) |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to exceed page limitation #14 is granted. Plaintiff may exceed the 15-page limit by filing a 23-page memorandum in support of TRO motion #16 instanter. No appearance is necessary on 3/7/24. Emailed notice. (cdh, ) |
| Filing 19 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal #13 is granted. The documents filed at #2 , #12 , and #17 shall remain under seal pending further order of the Court. No appearance is necessary on 3/7/24. Emailed notice. (cdh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (axa, ) |
| Filing 18 Presentment for Exparte motion 15 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file #13 , motion for leave to file excess pages #14 before Honorable LaShonda A. Hunt on 3/7/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 17 SEALED EXHIBIT by Plaintiff Andrey Prokhorov Sealed Exhibit 2, Declaration of Andrey Prokhorov regarding memorandum in support of motion, #16 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 16 MEMORANDUM in support of 15 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Andrey Prokhorov, #4 Exhibit 1, of Andrey Prokhorov's declaration)(Vogt, Keith) |
| Filing 14 MOTION by Plaintiff Andrey Prokhorov for leave to file excess pages (Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Andrey Prokhorov for leave to file under seal (Vogt, Keith) |
| Filing 12 SEALED DOCUMENT by Plaintiff Andrey Prokhorov [Amended] Schedule A to Complaint #1 and Schedule A #2 (Vogt, Keith) |
| Filing 11 MAILED copyright report to Registrar, Washington DC. (jj, ) |
| 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. (axa, ) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (axa, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Andrey Prokhorov by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Andrey Prokhorov by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Andrey Prokhorov by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Andrey Prokhorov by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Andrey Prokhorov by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Andrey Prokhorov by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Andrey Prokhorov by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Andrey Prokhorov Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Andrey Prokhorov; Filing fee $ 405, receipt number AILNDC-21650856. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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