Roadget Business PTE LTD v. Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The
| Roadget Business PTE LTD, Hualin Wan, Yiwushichuyudianzishangwu Co., Ltd., Guangzhoudeyifuzhuang Co., Ltd., Guangzhouyueyifuzhuang Co., Ltd., Tong Ye and Jiujiangmengmaiwangluokeji Co., Ltd. |
| Individuals, Corporations, Limited Liabilites, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The and Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The |
| Dunlap Bennett & Ludwig PLLC |
| 1:2024cv02015 |
| March 8, 2024 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Copyright |
| 28 U.S.C. § 1338 Copyright Infringement |
| None |
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| Filing 65 MINUTE entry before the Honorable Sharon Johnson Coleman: An in-person status hearing is set for 6/18/2024 at 9:45 AM. If the parties wish, they should submit a proposed briefing schedule on the motion for preliminary injunction in one email to the courtroom deputy and the Court will strike the status hearing. Mailed notice. (ym) |
| Filing 64 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants Guangzhou Deyi Clothing Co., Ltd. d/b/a D Yi; Wan Hualin, an individual, d/b/a Hbili; Jiujiang Mengmai Network Technology Co., Ltd. d/b/a LA LA Fashion; Ye Tong, an individual, d/b/a PCMP (together, "Defendants") have presented evidence and argument in opposition to Plaintiff's motion #46 to extend the temporary restraining order ("TRO"). Defendants challenge the scope of the asset freeze ordered in the Court's original TRO #24 , but otherwise make no argument against Plaintiff's requested relief. The Court therefore grants Plaintiff's motion to extend the TRO except as to the scope of the asset freeze ordered against Defendants. Plaintiff seeks an equitable disgorgement of profits, so "an order freezing Defendant's assets is within the Court's authority." Indus. Xperience, LLC v. Dance Xperience, No. 19-CV-06724, 2020 WL 1888977, at *2 (N.D. Ill. Apr. 16, 2020) (Dow, J.). Because the amount of Defendants' allegedly ill-gotten profits was unknown, the Court originally ordered all of Defendants' assets frozen. But the scope of this extraordinary restraint "must be limited only to what is reasonably necessary to secure the (future) equitable relief." Deckers Outdoor Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 13 C 07621, 2013 WL 12314399, at *2 (N.D. Ill. Oct. 31, 2013) (Chang, J.). Through a sworn declaration by counsel for Temu, the third party that froze Defendants' assets, the Court has now been presented with evidence of the Defendants' total revenue from sales of allegedly infringing products. Plaintiff has not provided any evidence in rebuttal, though it presents concerns that Defendants' evidence does not paint the full picture of potential infringement. Plaintiff's suggestion of further infringement, without more, cannot overcome Defendants' evidence that most of the frozen funds are not related to the supposedly infringing products. Moreover, the Court finds no reason to disbelieve Temu's counsel's sworn declaration and data. The Court therefore reduces the asset freeze against Defendants to the total amount of revenue generated from the allegedly infringing products, as identified in the Temu data [60-1]. All other conditions of the TRO shall remain the same. Thus, the Court grants in part and denies in part Plaintiff's motion #46 to extend the TRO. The parties shall submit a proposed order consistent with this ruling by 5/3/2024, and shall include a red line showing the changes between the original and modified TRO. Mailed notice. (ym) |
| Filing 63 REPLY by Roadget Business PTE LTD to response in opposition to motion, #58 (Horowitz, Steven) |
| Filing 62 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' unopposed motion to file documents under seal #59 is granted. No appearance necessary on 4/30/2024. Mailed notice. (ym) |
| Filing 61 NOTICE of Motion by Christopher James Fahy for presentment of motion to seal document, #59 before Honorable Sharon Johnson Coleman on 4/30/2024 at 10:00 AM. (Fahy, Christopher) |
| Filing 60 SEALED DOCUMENT by Defendant Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The Defendants' Opposition To Plaintiff's Motion To Extend TRO and (Attachments: #1 Declaration Casaceli, #2 Declaration Hualin, #3 Declaration Yi, #4 Declaration Tong, #5 Declaration Yuanyuan)(Fahy, Christopher) |
| Filing 59 MOTION by Defendant Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The to seal document response in opposition to motion, #58 UNOPPOSED (Fahy, Christopher) |
| Filing 58 RESPONSE by Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, Thein Opposition to MOTION by Plaintiff Roadget Business PTE LTD for extension of time of Temporary Restraining Order #46 (Attachments: #1 Declaration Casaceli, #2 Declaration Hualin, #3 Declaration Yi, #4 Declaration Tong, #5 Declaration Yuanyuan)(Fahy, Christopher) |
| Filing 57 MINUTE entry before the Honorable Sharon Johnson Coleman: The parties filed a "Joint Stipulation" to Extend Time to Answer or Otherwise Respond to Complaint #56 . Parties cannot, however, "stipulate" to alter deadlines imposed by the Federal Rules of Civil Procedure. Only the Court can extend such deadlines. See Fed. R. Civ. P. 6(b). Nonetheless, the Court will treat the parties' Joint Stipulation as a motion #56 and grant that motion. Defendants Nos. 1, 3, 5, and 6 shall answer or otherwise respond to the complaint by 5/17/2024. Mailed notice. (ym) |
| NEW PARTIES: Hualin Wan, Yiwushichuyudianzishangwu Co., Ltd., Guangzhoudeyifuzhuang Co., Ltd., Guangzhouyueyifuzhuang Co., Ltd., Tong Ye and Jiujiangmengmaiwangluokeji Co., Ltd. added to case caption. (Springer-ingram, Michael) |
| Filing 56 STIPULATION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT (JOINT) (Flachsbart, William) |
| Filing 55 PRELIMINARY INJUNCTION Order as to Unrepresented Defendants. Signed by the Honorable Sharon Johnson Coleman on 4/16/2024. Mailed notice. (ym) |
| Filing 54 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 4/16/2024. Counsel for defendants # 1, 3, 5, and 6 appeared in court. Plaintiff's motion for leave to file supporting papers to motion for preliminary injunction under seal #44 is granted. Defendants to respond to plaintiff's motion to extend the temporary restraining order through the disposition of its motion for entry of a preliminary injunction #46 by 4/23/2024. Plaintiff to file a reply by 4/30/2024. Once the motion is fully briefed, the Court will take it under advisement. The temporary restraining order is extended until the Court rules on the motion. Plaintiff's motion for entry of a preliminary injunction #42 is granted as to the unrepresented defendants. Enter Order. Law Firm of Sidley Austin LLP is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (ym) |
| Filing 53 ATTORNEY Appearance for Defendant Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The by Christopher James Fahy for Defendant No. 5 (Fahy, Christopher) |
| Filing 52 ATTORNEY Appearance for Defendant Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The by William W. Flachsbart for Defendant No. 5 (Flachsbart, William) |
| Filing 51 MINUTE entry before the Honorable Sharon Johnson Coleman: Due to the Court's trial calendar, the in-person status hearing set for 4/16/2024 at 9:00 AM and presentment of plaintiff's motion for entry of a preliminary injunction #42 , motion for leave to file supporting papers to motion for preliminary injunction under seal #44 , and motion to extend the temporary restraining order through the disposition of its motion for entry of a preliminary injunction #46 set for 4/16/2024 at 9:00 AM and 10:00 AM is reset to 8:45 AM (NOTE TIME CHANGE ONLY). Mailed notice. (ym) |
| Filing 50 TRANSCRIPT OF PROCEEDINGS held on 3/19/2024 before the Honorable Sharon Johnson Coleman. Order Number: 24-2015. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/6/2024. Redacted Transcript Deadline set for 5/15/2024. Release of Transcript Restriction set for 7/15/2024. (Mccullough, Tracey) |
| Filing 49 SEALED DOCUMENT by Plaintiff Roadget Business PTE LTD Exhibit 1 (Attachments: #1 Exhibit B)(Horowitz, Steven) |
| Filing 48 NOTICE of Motion by Steven Joseph Horowitz for presentment of extension of time #46 before Honorable Sharon Johnson Coleman on 4/16/2024 at 10:00 AM. (Horowitz, Steven) |
| Filing 47 MEMORANDUM by Roadget Business PTE LTD in support of extension of time #46 (Attachments: #1 Exhibit 1)(Horowitz, Steven) |
| Filing 46 MOTION by Plaintiff Roadget Business PTE LTD for extension of time of Temporary Restraining Order (Horowitz, Steven) |
| Filing 45 NOTICE of Motion by Steven Joseph Horowitz for presentment of motion for preliminary injunction #42 before Honorable Sharon Johnson Coleman on 4/16/2024 at 10:00 AM. (Horowitz, Steven) |
| Filing 44 MOTION by Plaintiff Roadget Business PTE LTD to seal Supporting Papers to Motion for Preliminary Injunction (Horowitz, Steven) |
| Filing 43 MEMORANDUM by Roadget Business PTE LTD in support of motion for preliminary injunction #42 (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Horowitz, Steven) |
| Filing 42 MOTION by Plaintiff Roadget Business PTE LTD for preliminary injunction (Attachments: #1 Exhibit 1)(Horowitz, Steven) |
| Filing 41 ATTORNEY Appearance for Defendant Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The by William W. Flachsbart for Defendant Nos. 1, 3, and 6 (Flachsbart, William) |
| Filing 40 ATTORNEY Appearance for Defendant Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The by Christopher James Fahy Defendants 1, 3, and 6 in Schedule A to the Complaint. (Fahy, Christopher) |
| Filing 39 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 4/2/2024. Counsel for Dunlap Bennett & Ludwig PLLC informed the Court that three of the defendants have reached out to him seeking representation and once they are clear of conflicts, counsel will file his appearance within the next day or two. Plaintiff's motion for relief from the status report requirement #25 , ex pare motion for entry of an order authorizing electronic service of process #27 , #31 , motion for leave to file supporting papers to motion for entry of an order authorizing electronic service of process #28 , and ex parte motion to extend the temporary restraining order and the deadline for filing a motion for a preliminary injunction #33 are all granted. The Temporary Restraining Order is extended to April 16, 2024. An in-person status hearing is set for 4/16/2024 at 9:00 AM. Mailed notice. (ym) |
| Filing 38 REPLY by Dunlap Bennett & Ludwig PLLC to response in opposition to motion #30 for leave to file an Amicus Curiae Brief (Attachments: #1 Exhibit A)(Flachsbart, William) |
| Filing 37 SUMMONS Returned Executed by Roadget Business PTE LTD as to Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto, The on 3/29/2024, answer due 4/19/2024. (Attachments: #1 Declaration of service of Michael C. Springer-Ingram, #2 Exhibit A to declaration)(Springer-ingram, Michael) |
| Filing 36 ATTORNEY Appearance for Plaintiff Roadget Business PTE LTD by Stephanie Pauline Smith Koh (Koh, Stephanie) |
| Filing 35 NOTICE of Motion by Steven Joseph Horowitz for presentment of extension of time #33 before Honorable Sharon Johnson Coleman on 4/2/2024 at 10:00 AM. (Horowitz, Steven) |
| Filing 34 MEMORANDUM by Roadget Business PTE LTD in support of extension of time #33 (Horowitz, Steven) |
| Filing 33 MOTION by Plaintiff Roadget Business PTE LTD for extension of time of TRO and the Deadline for Filing a Motion for Preliminary Injunction (Horowitz, Steven) |
| Filing 32 SURETY BOND in the amount of $ 10,000.00 posted by Roadget Business PTE LTD. (Document not imaged) (td, ) |
| Filing 31 SEALED MOTION by Plaintiff Roadget Business PTE LTD For Entry of An Order Authorizing Electronic Service of Service Of Process (Attachments: #1 Declaration of Michael Springer-Ingram, #2 Exhibit 1, #3 Exhibit 2)(Horowitz, Steven) |
| Filing 30 RESPONSE by Roadget Business PTE LTDin Opposition to MOTION by Amicus Dunlap Bennett & Ludwig PLLC for leave to file an Amicus Curiae Brief #19 (Horowitz, Steven) |
| Filing 29 NOTICE of Motion by Steven Joseph Horowitz for presentment of motion to seal #28 before Honorable Sharon Johnson Coleman on 4/2/2024 at 10:00 AM. (Horowitz, Steven) |
| Filing 28 MOTION by Plaintiff Roadget Business PTE LTD to seal Supporting Papers To Motion For Entry Of An Order Authorizing Electronic Service Of Process (Horowitz, Steven) |
| Filing 27 MOTION by Plaintiff Roadget Business PTE LTD for order Authorizing Electronic Service of Process (Attachments: #1 Declaration of Michael Springer-Ingram, #2 Exhibit 1, #3 Exhibit 2)(Horowitz, Steven) |
| Filing 26 NOTICE of Motion by Steven Joseph Horowitz for presentment of motion for miscellaneous relief #25 before Honorable Sharon Johnson Coleman on 4/2/2024 at 10:00 AM. (Horowitz, Steven) |
| Filing 25 MOTION by Plaintiff Roadget Business PTE LTD for relief from the Status Report requirement (Horowitz, Steven) |
| Filing 24 SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 3/19/2024. Mailed notice. (ym) |
| Filing 23 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 3/19/2024. Plaintiff's motion for leave to file complaint under seal #9 , ex parte motion for entry of a temporary restraining order #11 , and motion for leave to file supporting papers to motion for temporary restraining order under seal #13 are granted. Enter Order. Plaintiff to file a response to Dunlap Bennett & Ludwig PLLC's motion for leave to file an amicus curiae brief #19 by 3/26/2024. Dunlap Bennett & Ludwig PLLC to file a reply by 4/2/2024 (not 4/9/2024 as stated in court). Once the matter is fully briefed, the Court shall take it under advisement. An in-person status hearing is set for 4/2/2024 at 10:00 AM. Mailed notice. (ym) |
| Filing 22 ATTORNEY Appearance for Plaintiff Roadget Business PTE LTD by Michael Springer-ingram (Springer-ingram, Michael) |
| Filing 21 NOTICE of Motion by William W. Flachsbart for presentment of motion for leave to file #19 before Honorable Sharon Johnson Coleman on 3/19/2024 at 10:00 AM. (Flachsbart, William) |
| Filing 20 NOTICE of Motion by Steven Joseph Horowitz for presentment of motion for temporary restraining order #11 before Honorable Sharon Johnson Coleman on 3/19/2024 at 10:00 AM. (Horowitz, Steven) |
| Filing 19 MOTION by Amicus Dunlap Bennett & Ludwig PLLC for leave to file an Amicus Curiae Brief (Flachsbart, William) |
| Filing 18 ATTORNEY Appearance for Amicus Dunlap Bennett & Ludwig PLLC by William W. Flachsbart (Flachsbart, William) |
| Filing 17 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice. (ym) |
| Filing 16 MAILED copyright report to Registrar, Washington DC (emc, ) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). (jmv, ) |
| 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. (jmv, ) |
| Filing 15 SEALED DOCUMENT by Plaintiff Roadget Business PTE LTD Memorandum in support of ex parte motion for entry of a temporary restraining order (Attachments: #1 Declaration of Michael C. Springer-Ingram, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Horowitz, Steven) |
| Filing 14 SEALED EXHIBIT by Plaintiff Roadget Business PTE LTD Proposed Order regarding MOTION by Plaintiff Roadget Business PTE LTD for temporary restraining order #11 (Horowitz, Steven) |
| Filing 13 MOTION by Plaintiff Roadget Business PTE LTD to seal Motion for leave to file supporting papers to motion for temporary restraining order under seal (Horowitz, Steven) |
| Filing 12 MEMORANDUM by Roadget Business PTE LTD in support of motion for temporary restraining order #11 (Redacted Version) (Attachments: #1 Declaration of Tim Wei, #2 Declaration of Michael C. Springer-Ingram, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12)(Horowitz, Steven) |
| Filing 11 MOTION by Plaintiff Roadget Business PTE LTD for temporary restraining order (Attachments: #1 Text of Proposed Order (redacted))(Horowitz, Steven) |
| Filing 10 SEALED DOCUMENT by Plaintiff Roadget Business PTE LTD Sealed Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Horowitz, Steven) |
| Filing 9 MOTION by Plaintiff Roadget Business PTE LTD to seal Complaint (Horowitz, Steven) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roadget Business PTE LTD (Horowitz, Steven) |
| Filing 7 ATTORNEY Appearance for Plaintiff Roadget Business PTE LTD by Taylor James Wilson (Wilson, Taylor) |
| Filing 6 ATTORNEY Appearance for Plaintiff Roadget Business PTE LTD by Deepa Arundati Chari (Chari, Deepa) |
| Filing 5 ATTORNEY Appearance for Plaintiff Roadget Business PTE LTD by Matthew D. Binder (Binder, Matthew) |
| Filing 4 ATTORNEY Appearance for Plaintiff Roadget Business PTE LTD by Michael Springer-ingram (Springer-ingram, Michael) |
| Filing 3 ATTORNEY Appearance for Plaintiff Roadget Business PTE LTD by Steven Joseph Horowitz (Horowitz, Steven) |
| Filing 2 CIVIL Cover Sheet (Horowitz, Steven) |
| Filing 1 COMPLAINT (Redacted) filed by Roadget Business PTE LTD; Jury Demand. Filing fee $ 405, receipt number AILNDC-21726949. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Horowitz, Steven) |
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