AP Global, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint
| John Doe and AP Global, Inc. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint, Gaietyy, Houmujiuyou and Keten Direct |
| 1:2024cv02535 |
| March 28, 2024 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Patent - Abbreviated New Drug Application(ANDA) |
| 15 U.S.C. § 1126 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on May 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 44 MINUTE entry before the Honorable Martha M. Pacold: The defendants' unopposed motion for an extension of time to file an answer or otherwise responsive pleading, #42 , is granted. Defendants' answer or otherwise responsive pleading is due by 6/11/24. Mailed notice. (lxk, ) |
| Filing 43 Third AMENDED complaint by AP Global, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Supplement A)(Chiacchio, Theodore) |
| Filing 42 MOTION by Defendants Gaietyy, Houmujiuyou for extension of time UNOPPOSED (Urbanczyk, Adam) |
| Filing 41 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal, #40 , which seeks to voluntarily dismiss defendant No. 7 Mchoi Direct under Rule 41(a)(1). 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 dropping defendant No. 7 Mchoi Direct from the complaint, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended complaint by 5/21/24 identifying the remaining defendants. Defendant No. 7 Mchoi Direct is terminated with prejudice. (rao, ) |
| Filing 40 NOTICE of Voluntary Dismissal by AP Global, Inc. Dismissal of Doe 7 (Chiacchio, Theodore) |
Filing 39
ORDER: Defendants' motions to set a briefing schedule and unseal, #35 , #38 , are granted. The Clerk of Court is directed to unseal Docket numbers #2 through #4 , #6 through #9 . Defendants' responses to the motion for a preliminary injunction are due by 5/28/24. Plaintiff's reply, if any, is due by 6/11/24. By 5/30/24, the parties should confer and file a joint status report indicating whether the parties believe a preliminary injunction hearing is necessary. If the parties believe a hearing is necessary, they should contact the courtroom deputy and include agreed proposed dates for a preliminary injunction hearing in the status report. The status report should also update the court on the status of settlement. Signed by the Honorable Martha M. Pacold on 5/15/2024. Mailed notice. (smb, )
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| Filing 38 MOTION by Defendant Keten Direct to set a briefing schedule and to unseal Dkts. 2-4, 6-9 (Guo, Jingyi) |
| Filing 37 ATTORNEY Appearance for Defendant Keten Direct by Jingyi Guo (Guo, Jingyi) |
| Filing 36 ATTORNEY Appearance for Defendant Keten Direct by Zheng Liu (Liu, Zheng) |
| Filing 35 MOTION by Defendants Gaietyy, Houmujiuyou to set a briefing schedule and to unseal Dkts. 2-4, 6-9 (Urbanczyk, Adam) |
| Filing 34 ATTORNEY Appearance for Defendants Gaietyy, Houmujiuyou by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 33 CERTIFICATE of Service Notice of Service of May 6, 2024, Order (Dkt. 32) by Theodore Joseph Chiacchio on behalf of AP Global, Inc. regarding set motion and R&R deadlines/hearings, #32 (Chiacchio, Theodore) |
| Filing 32 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for a preliminary injunction #30 , under advisement and will consider the motion unopposed if no defendant appears and objects by 5/15/2024. Plaintiff shall serve defendants with this notice and file a certificate of notice on the docket. (rao, ) |
| Filing 31 Memorandum in Support of Motion for Entry of Preliminary Injunction by AP Global, Inc. (Chiacchio, Theodore) |
| Filing 30 MOTION by Plaintiff AP Global, Inc. for preliminary injunction (Chiacchio, Theodore) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint (mcp, ) |
| Filing 29 STATUS Report by AP Global, Inc. (Chiacchio, Theodore) |
| Filing 28 REGISTRY DEPOSIT INFORMATION Form by AP Global, Inc. (Received at the Intake Counter on 04/26/2024) (smb, ) |
| Civil Bond BOND in the amount of $ 10,0000, receipt no. 100005450 posted by AP Global, Inc. (jb, ) |
| Filing 27 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO, #26 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO, #25 , entered on 4/12/24 is extended until 5/10/24. (rao, ) |
| Filing 26 MOTION by Plaintiff AP Global, Inc. for extension of time Motion to Extend Ex Parte Temporary Restraining Order (Chiacchio, Theodore) |
| Filing 25 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/12/2024: (rao, ) |
| Filing 24 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motion, #5 , filed by plaintiff, the supporting memoranda, #6 , and the temporary restraining order, plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #5 , is 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, ) |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff emailed a version of the Schedule A to the proposed order box but not a proposed TRO that includes the current version of Schedule A. The proposed TRO must make clear which defendants it applies to, including by attaching the current version of Schedule A. Plaintiff should consult the standing orders on the court's website and by 4/17/24 send to the proposed order box a clean and track changes proposed TRO that includes amended Schedule A. (rao, ) |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's proposed TRO in the court's proposed order inbox. However, the proposed TRO does not include the Schedule A. Federal Rule of Civil Procedure 65(d) requires a TRO to "describe in reasonable detail-and not by referring to the complaint or other document-the act or acts restrained or required." Thus, by 4/10/24, plaintiff should submit to the proposed order inbox a proposed TRO that includes the Schedule A. (rao, ) |
| Filing 21 Second Amended Complaint AMENDED complaint by AP Global, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A To The Complaint Pursuant to the Court's April 1 and 3, 2024 Orders (Dkt. Nos. 19, 20, respectively) (Chiacchio, Theodore) |
| Filing 20 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff emailed the proposed order box requesting clarification on the court's order, #19 . To clarify the court's order, #19 , the amended complaint disclosing plaintiff's name and asserted patents should not be filed under seal. Plaintiff is reminded that the proposed order box should not be used for substantive requests. Any substantive requests must be filed on the docket. (rao, ) |
| Filing 19 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, #13 , is granted. Plaintiff's motion for leave to proceed anonymously, #12 , is denied. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested temporary restraining order, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Given these protections for plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Such exceptional circumstances are not present here. Accordingly, plaintiff must file an amended complaint disclosing its name and asserted patents by 4/8/2024. (rao, ) |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to serve process through electronic means, #10 is granted. (rao, ) |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for a temporary restraining order #5 . By 4/8/24, plaintiff should submit a proposed order to the proposed order inbox. (rao, ) |
| Filing 16 ATTORNEY Appearance for Plaintiff John Doe by Theodore Joseph Chiacchio (Chiacchio, Theodore) |
| Filing 15 MAILED Patent Request Letter to Plaintiff's counsel Theodore Joseph Chiacchio (lm, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). (jmv, ) |
| Filing 14 CIVIL Cover Sheet (Chiacchio, Theodore) |
| Filing 13 MOTION by Plaintiff John Doe to seal document sealed document #8 , sealed document #6 , sealed document #7 , sealed document #2 , sealed document #4 , sealed document #3 , sealed document #9 (Chiacchio, Theodore) |
| Filing 12 MOTION by Plaintiff John Doe Motion for Leave to Proceed Anonymously (Chiacchio, Theodore) |
| Filing 11 Memorandum in Support of Motion for Leave to Serve Electronically by John Doe (Chiacchio, Theodore) |
| Filing 10 MOTION by Plaintiff John Doe Motion for Leave to Serve Electronically (Chiacchio, Theodore) |
| Filing 9 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2B to Declaration #7 (Chiacchio, Theodore) |
| Filing 8 SEALED DOCUMENT by Plaintiff John Doe Exhibit 2A to Declaration #7 (Chiacchio, Theodore) |
| Filing 7 SEALED DOCUMENT by Plaintiff John Doe Declaration in Support of Motion for Entry of Ex Parte Temporary Restraining Order (Attachments: #1 Exhibit 1)(Chiacchio, Theodore) |
| Filing 6 SEALED DOCUMENT by Plaintiff John Doe Memorandum in Suport of Motion for Entry of Ex Parte Temporary Restraining Order (Chiacchio, Theodore) |
| Filing 5 MOTION by Plaintiff John Doe for temporary restraining order Motion for Entry of Ex Parte Temporary Restraining Order (Chiacchio, Theodore) |
| Filing 4 SEALED DOCUMENT by Plaintiff John Doe Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Supplement Schedule A)(Chiacchio, Theodore) |
| Filing 3 SEALED DOCUMENT by Plaintiff John Doe Schedule A to Complaint (Chiacchio, Theodore) |
| Filing 2 SEALED DOCUMENT by Plaintiff John Doe Exhibit 1 to Complaint (Chiacchio, Theodore) |
| Filing 1 COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 405, receipt number AILNDC-21797366. (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Chiacchio, Theodore) |
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