Kristy Beth Patterson v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Kristy Beth Patterson |
| The Partnerships and Unincorporated Associations Identified on Schedule A, GiliGiliiso, PIMOXV Clothing Clearance, SHENGXINY, NaRHbrg, Floleo, Zs Home Store, MUCHENGGIFT GROUP LLC and Now4ever |
| 1:2024cv03000 |
| April 15, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 33 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants (Vogt, Keith) |
| Filing 32 CERTIFICATE of Service by Plaintiff Kristy Beth Patterson regarding text entry,,, #31 (Vogt, Keith) |
| Filing 31 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion #28 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 6/5/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice (cc, ) |
| Filing 30 NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants (Vogt, Keith) |
| Filing 29 MEMORANDUM by Kristy Beth Patterson in support of motion for default judgment #28 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 28 MOTION by Plaintiff Kristy Beth Patterson for default judgment as to The Defendants Identified In The First Amended Schedule A (Vogt, Keith) |
| Filing 27 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 5/13/2024: Mailed notice (daj, ) |
| Filing 26 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction #21 is granted. 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 counterfeit 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 defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all 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 6/3/24 tracking status hearing is stricken and re-set to 7/8/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| NEW PARTIES: GiliGiliiso, PIMOXV Clothing Clearance, SHENGXINY, NaRHbrg, Floleo, Zs Home Store, MUCHENGGIFT GROUP LLC and Now4ever added to case caption. (Vogt, Keith) |
| Filing 25 CERTIFICATE of Service by Plaintiff Kristy Beth Patterson regarding text entry,,,, #24 (Vogt, Keith) |
| Filing 24 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction #21 . In connection with that motion, plaintiff must serve all remaining 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 May 10, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining 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 23 SUMMONS Returned Executed by Kristy Beth Patterson as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/26/2024, answer due 5/17/2024. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 22 MEMORANDUM by Kristy Beth Patterson in support of motion for preliminary injunction #21 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
| Filing 21 MOTION by Plaintiff Kristy Beth Patterson for preliminary injunction (Vogt, Keith) |
| Filing 20 SURETY BOND in the amount of $ 10,000 posted by Kristy Beth Patterson. Document not imaged (daj, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (vkm, ) |
| Filing 19 TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 4/18/2024 (td, ) Modified on 5/13/2024 (daj, ). |
| Filing 18 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal #12 , motion for leave to file excess pages #13 , and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 14 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 6/3/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 17 MAILED copyright report to Registrar, Washington DC. (Attachments: #1 Copyrights)(aee, ) |
| Filing 16 EXHIBIT by Plaintiff Kristy Beth Patterson Sealed Exhibit 2, Declaration of Kristy Beth Patterson regarding memorandum in support of motion, #15 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 5/13/2024 (daj, ). |
| Filing 15 MEMORANDUM in support of 14 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Kristy Beth Patterson, #4 Exhibit 1, of Kristy Beth Patterson's declaration)(Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Kristy Beth Patterson for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Kristy Beth Patterson for leave to file under seal (Vogt, Keith) |
| Filing 11 [AMENDED] SCHEDULE A TO COMPLAINT by Plaintiff Kristy Beth Patterson [Amended] Schedule A to Complaint #1 and Schedule A #2 (Vogt, Keith) Modified on 5/13/2024 (daj, ). |
| Filing 10 ATTORNEY Appearance for Plaintiff Kristy Beth Patterson by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Kristy Beth Patterson by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Kristy Beth Patterson by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Kristy Beth Patterson by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Kristy Beth Patterson by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Kristy Beth Patterson by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Kristy Beth Patterson by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SCHEDULE A TO COMPLAINT by Plaintiff Kristy Beth Patterson Schedule A to Complaint #1 (Vogt, Keith) Modified on 5/13/2024 (daj, ). |
| Filing 1 COMPLAINT filed by Kristy Beth Patterson; Filing fee $ 405, receipt number AILNDC-21854501. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). (khg, ) |
| 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. (khg, ) |
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