Hong Kong Leyuzhen Technology Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto
| XYZ Corporation and Hong Kong Leyuzhen Technology Co. Limited |
| The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto, lalagen, Angerella Fashion, B2PRITY, FNLL, GGMYYGS, Jesaisque(Deals Of The Day Sale Clearance), JSWSTORE (Fast logistics / 7-14 day delivery), JUNGE(7-20 days delivery), LishengXX, LKPJJFRG 2024(7-12 day fast delivery), LUOGENLI, MFJESEAAFast Delivery Only 7-10 Days, MIKINGTOP, YYbnjlm, BestGirl, AirZeal, sexycherry, SeNight, VisiChenup, MOJICK, IbuduSexy, Bttup, CuteCherry, HugeNice, LaiyiVic, MsavigVice, SperLucky, TieBnss, YiRuJingWei and Jdkmera |
| 1:2024cv03210 |
| April 22, 2024 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Both |
Docket Report
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| Filing 57 MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 6/20/2024. Plaintiff failed to appear (although plaintiff did notify chambers that he was on the call, but did not hear the case called). Counsel for defendants Doe 51 (Angerella Fashion), Doe 53 (Bttup), Doe 73 (HugeNice), Doe 74 (IbuduSexy), Doe 107 (LaiyiVic), Doe 135 (Mojick), Doe 76 (MsavigVice), Doe 82 (SeNight), Doe 8 (TieBness), Doe 91 (lalagen), Doe 126 (VisiChenup), and Doe 136 (sexycherry), appeared and notified the court that these defendants have settled with plaintiff and withdraws their opposition to plaintiff's motion for preliminary injunction. #49 . Plaintiff should submit a submit a stipulation of dismissal as to these defendants. Counsel for defendant B2PRITY also appeared. Plaintiff and counsel for defendant B2PRITY are directed to confer and file a joint status report by 6/27/2024 that addresses the following: (1) whether the parties need a ruling or a hearing on Plaintiff's motion for preliminary injunction #29 , and if a hearing is necessary a proposed hearing date; (2) whether defendant intends to file a motion to modify the asset restraint; (3) status of settlement; and (4) any request for a further status hearing on any of these issues. (rao, ) |
| Filing 56 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A, #54 , by dropping defendants No. 9 FWBNUIF, No. 14 Generic Deals of the Day on CRHOOHR, No. 15 Generic loinrodi Direct, No. 17 Generic Moomga (7-15 days arrive), and No. 18 Generic ZTY66, is granted. Defendants No. 9 FWBNUIF, No. 14 Generic Deals of the Day on CRHOOHR, No. 15 Generic loinrodi Direct, No. 17 Generic Moomga (7-15 days arrive), and No. 18 Generic ZTY66 are dismissed without prejudice. Plaintiff has already filed the amended Schedule A on the docket. See #55 . (rao, ) |
| Filing 55 EXHIBIT by Plaintiff Hong Kong Leyuzhen Technology Co. Limited Amended Schedule A regarding MOTION by Plaintiff Hong Kong Leyuzhen Technology Co. Limited to amend/correct exhibit, #8 TO AMEND SCHEDULE A #54 (Mangano, Shawn) |
| Filing 54 MOTION by Plaintiff Hong Kong Leyuzhen Technology Co. Limited to amend/correct exhibit, #8 TO AMEND SCHEDULE A (Mangano, Shawn) |
| Filing 53 DECLARATION of Liangjie Li regarding reply #50 In Support of Preliminary Injunction (Attachments: #1 Exhibit 1 to the Declaration of Liangjie Li ISO Reply for Preliminary Injunction)(Mangano, Shawn) |
| Filing 52 DECLARATION of Lilly P. O'Dea regarding reply #50 In Suppory of Reply for Preliminary Injunction (Attachments: #1 Exhibit 1 to the Declaration of Lilly P O'Dea ISO Reply for Preliminary Injunction, #2 Exhibit 2 to the Declaration of Lilly P O'Dea ISO Reply for Preliminary Injunction)(Mangano, Shawn) |
| Filing 51 DECLARATION of Joseph W. Droter regarding reply #50 In Support of Motion for Preliminary Injunction (Attachments: #1 Exhibit A to the Declaration of Joseph W. Droter ISO Reply for Preliminary Injunction, #2 Exhibit B to the Declaration of Joseph W. Droter ISO Reply for Preliminary Injunction, #3 Exhibit C to the Declaration of Joseph W. Droter ISO Reply for Preliminary Injunction)(Droter, Joseph) |
| Filing 50 REPLY by Plaintiff Hong Kong Leyuzhen Technology Co. Limited to Response #48 , memorandum in opposition to motion, #49 (Attachments: #1 Declaration of Shawn A. Mangano ISO Preliminary Injunction)(Mangano, Shawn) |
| Filing 49 MEMORANDUM by Angerella Fashion, Bttup, HugeNice, IbuduSexy, LaiyiVic, MOJICK, MsavigVice, SeNight, TieBnss, VisiChenup, lalagen, sexycherry in Opposition to motion for preliminary injunction, #29 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Mu, Shengmao) |
| Filing 48 RESPONSE by Defendant B2PRITY to motion for preliminary injunction, #29 (Attachments: #1 Exhibit 1, #2 Declaration of Huang Yuan Dong)(Urbanczyk, Adam) |
Filing 47
ORDER: Timothy T. Wang's unopposed motion for leave to substitute as counsel for defendants AirZeal, BestGirl, SperLucky and CuteCherry, #41 , is granted. Shengmao Mu is terminated. Timothy T. Wang has already filed his appearance on the docket. See #42 . Signed by the Honorable Martha M. Pacold on 6/7/2024. Mailed notice (aee, )
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| Filing 46 MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion to extend deadline to answer or otherwise respond to the complaint, #44 , is granted. Defendants' answer or otherwise responsive pleading is due by 6/17/24. (rao, ) |
| Filing 45 FIRST AMENDED complaint by Hong Kong Leyuzhen Technology Co. Limited against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto (Attachments: #1 Exhibit 1 to the Complaint, #2 Exhibit 2 to the Complaint)(Mangano, Shawn) |
| Filing 44 MOTION by Defendants AirZeal, BestGirl, CuteCherry, Jdkmera, SperLucky for extension of time to file answer regarding complaint #1 (Wang, Timothy) |
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Filing 43
ORDER signed by the Honorable Martha M. Pacold on 6/4/2024: (rao, )
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| Filing 42 ATTORNEY Appearance for Defendant Jdkmera by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 41 MOTION by Defendants AirZeal, BestGirl, CuteCherry, SperLucky to substitute attorney (Wang, Timothy) |
| Filing 40 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, #39 , which seeks to voluntarily dismiss defendant No. 72 Hilinker 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. 72 Hilinker 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 6/5/2024 identifying the remaining defendants. Defendant No. 72 Hilinker Direct is terminated without prejudice. (rao, ) |
| Filing 39 NOTICE of Voluntary Dismissal by Hong Kong Leyuzhen Technology Co. Limited ONLY as to Defendant 72 Hilinker Direct (Mangano, Shawn) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: Telephone hearing held on 5/28/2024 and continued to 6/20/2024 at 9:00 a.m. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. Plaintiff's identity is unsealed. The Clerk of Court is directed to update the docket to reflect Hong Kong Leyuzhen Technology Ltd. as the plaintiff. The parties are directed to submit a proposed order in Word format that reflects all rulings on the pending motions discussed during today's hearing by 5/30/2024 to proposed_order_pacold@ilnd.uscourts.gov. Mailed notice. (lxk, ) |
| Filing 37 ATTORNEY Appearance for Defendant YiRuJingWei by Yizhou Liu (Liu, Yizhou) |
| Filing 36 MINUTE entry before the Honorable Martha M. Pacold: A telephone hearing is scheduled for 5/28/24 at 9:45a.m. The parties should be prepared to discuss all pending motions. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. Emailed notice (cn). |
| Filing 35 MOTION by Defendants AirZeal, BestGirl, Bttup, CuteCherry, HugeNice, IbuduSexy, LaiyiVic, MOJICK, MsavigVice, SeNight, SperLucky, TieBnss, VisiChenup, sexycherry to set a briefing schedule (Mu, Shengmao) |
| Filing 34 ATTORNEY Appearance for Defendants BestGirl, AirZeal, sexycherry, SeNight, VisiChenup, MOJICK, IbuduSexy, Bttup, CuteCherry, HugeNice, LaiyiVic, MsavigVice, SperLucky, TieBnss by Shengmao Mu (Mu, Shengmao) |
| Filing 32 MOTION by Defendants Angerella Fashion, lalagen to set a briefing schedule (Mu, Shengmao) |
| Filing 31 MOTION by Defendants B2PRITY, FNLL, GGMYYGS, JSWSTORE (Fast logistics / 7-14 day delivery), JUNGE(7-20 days delivery), Jesaisque(Deals Of The Day Sale Clearance), LKPJJFRG 2024(7-12 day fast delivery), LUOGENLI, LishengXX, MFJESEAAFast Delivery Only 7-10 Days, MIKINGTOP, YYbnjlm to set a briefing schedule and unseal [Dkts. 4, 8] (Urbanczyk, Adam) |
| Filing 30 ATTORNEY Appearance for Defendants B2PRITY, FNLL, GGMYYGS, Jesaisque(Deals Of The Day Sale Clearance), JSWSTORE (Fast logistics / 7-14 day delivery), JUNGE(7-20 days delivery), LishengXX, LKPJJFRG 2024(7-12 day fast delivery), LUOGENLI, MFJESEAAFast Delivery Only 7-10 Days, MIKINGTOP, YYbnjlm by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 29 MOTION by Plaintiff Hong Kong Leyuzhen Technology Co. Limited for preliminary injunction (Attachments: #1 Exhibit Memorandum ISO Motion for Entry of Preliminary Injunction, #2 Declaration of Shawn A. Mangano ISO Motion for Entry of Preliminary Injunction)(Mangano, Shawn) |
| Filing 28 ATTORNEY Appearance for Defendant Angerella Fashion by Shengmao Mu (Mu, Shengmao) |
| Filing 27 ATTORNEY Appearance for Defendant lalagen by Keaton David Smith (Smith, Keaton) |
| Filing 26 ATTORNEY Appearance for Defendant lalagen by Shengmao Mu (Mu, Shengmao) |
| Filing 25 SUMMONS Returned Executed by XYZ Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto on 5/16/2024, answer due 6/6/2024. (Attachments: #1 Declaration Declaration of Service, #2 Exhibit Schedule A Defendant Service List)(Droter, Joseph) |
| Filing 24 SURETY BOND in the amount of $ 10,000.00 posted by XYZ Corporation. (Document not imaged) (Received at the Intake Counter on 05/13/2024.) (td, ) |
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Filing 23
ORDER Signed by the Honorable Martha M. Pacold on 5/10/2024: (rao, )
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| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to deposit funds into the court registry, #21 , is granted. Enter order. (rao, ) |
| Filing 21 MOTION by Plaintiff XYZ Corporation to deposit funds in Court's Registry (Attachments: #1 Exhibit Registry Deposit Information Form, #2 Text of Proposed Order)(Mangano, Shawn) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto (ksr, ) |
| Filing 20 SEALED TEMPORARY Restraining Order signed by the Honorable Martha M. Pacold on 5/8/2024. Emailed notice (cn). |
| Filing 19 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions #6 , #7 , filed by plaintiff XYZ Corporation and the temporary restraining order, plaintiff's motions for leave to file excess pages, #6 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process, #7 , are 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 the offering of products for sale 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. Emailed notice (cn). |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing held on 5/7/2024. Plaintiff's emergency motion for reconsideration of docket entry no. 14 #15 is granted. Plaintiff will be allowed to proceed under a pseudonym until the TRO has been effectuated; at that point, plaintiff should promptly notify the court. Plaintiff submitted a proposed TRO to the court's proposed order inbox but should submit a revised version that attaches the current Schedule A. (rao, ) |
| Filing 17 MAILED copyright report to Registrar, Washington DC. (daj, ) |
| Filing 16 MINUTE entry before the Honorable Martha M. Pacold: Telephone hearing set for 5/7/2024 at 9:05 a.m. Plaintiff should be prepared to discuss its motion for reconsideration #15 . The deadline to file an amended complaint as ordered in #14 is stayed until further notice. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) |
| Filing 15 MOTION by Plaintiff XYZ Corporation for reconsideration regarding order on sealed motion,,,,,,,, order on motion to seal,,,,,,,, text entry,,,,,,, #14 (Attachments: #1 Declaration of Shawn A. Mangano ISO Emergency Motion for Reconsideration of Docket 14, #2 Exhibit A to the Declaration of SAM ISO Emergency Motion for Reconsideration of Docket 14)(Mangano, Shawn) |
| Filing 14 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motions for leave to file under seal #4 , #5 . The motions #4 , #5 are granted in part and denied in part. 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. Thus, plaintiff's motions for leave to file under seal are granted to the extent that they request to seal defendants' identities. However, 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. Thus, plaintiff's motions for leave to file under seal are denied to they extent that they request leave for plaintiff to proceed under a pseudonym. Accordingly, plaintiff must file an amended complaint disclosing its name and asserted copyrights by 5/6/2024. (rao, ) |
| Filing 13 MAILED Copyright Request Letter to Plaintiff's counsel. (aee, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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 12 ATTORNEY Appearance for Plaintiff XYZ Corporation by Yasasvin Nandish Wijetilleke (Wijetilleke, Yasasvin Nandish) |
| Filing 11 ATTORNEY Appearance for Plaintiff XYZ Corporation by Gokalp Bayramoglu (Bayramoglu, Gokalp) |
| Filing 10 ATTORNEY Appearance for Plaintiff XYZ Corporation by Nihat Deniz Bayramoglu (Bayramoglu, Nihat) |
| Filing 9 ATTORNEY Appearance for Plaintiff XYZ Corporation by Joseph Wendell Droter (Droter, Joseph) |
| Filing 8 SEALED EXHIBIT by Plaintiff XYZ Corporation Complaint for Copyright Infringement (Attachments: #1 Exhibit 1 to the Complaint, #2 Exhibit 2 to the Complaint, #3 Exhibit Motion for TRO, #4 Declaration of Shawn A. Mangano ISO Motion for TRO, #5 Exhibit 7 to the Declaration of SAM ISO Motion for TRO, #6 Exhibit Notice of Affiliates)(Mangano, Shawn) |
| Filing 7 MOTION by Plaintiff XYZ Corporation for temporary restraining order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION [Redacted] (Attachments: #1 Declaration of Shawn A. Mangano ISO Motion For Temporary Restraining Order, #2 Exhibit 1 to the Declaration of SAM ISO Motion for Temporary Restraining Order, #3 Exhibit 2 to the Declaration of SAM ISO Motion for Temporary Restraining Order, #4 Exhibit 3 to the Declaration of SAM ISO Motion for Temporary Restraining Order, #5 Exhibit 4 to the Declaration of SAM ISO Motion for Temporary Restraining Order, #6 Exhibit 5 to the Declaration of SAM ISO Motion for Temporary Restraining Order, #7 Exhibit 6 to the Declaration of SAM ISO Motion for Temporary Restraining Order, #8 Exhibit 7 to the Declaration of SAM ISO Motion for Temporary Restraining Order)(Mangano, Shawn) |
| Filing 6 MOTION by Plaintiff XYZ Corporation for leave to file excess pages in Plaintiff's Memorandum in Support of Plaintiff's Motion for Entry of a Temporary Restraining Order (Mangano, Shawn) |
| Filing 5 MOTION by Plaintiff XYZ Corporation to seal [Redacted] (Attachments: #1 Declaration of Shawn A. Mangano ISO Motion for Leave to File Under Seal, #2 Exhibit A to the Declaration of SAM ISO Motion to Seal)(Mangano, Shawn) |
| Filing 4 SEALED MOTION by Plaintiff XYZ Corporation (Attachments: #1 Declaration of Shawn A. Mangano ISO Motion for Leave to File Under Seal, #2 Exhibit A to the Declaration of SAM ISO Motion to Seal)(Mangano, Shawn) |
| Filing 3 ATTORNEY Appearance for Plaintiff XYZ Corporation by Shawn Anthony Mangano (Mangano, Shawn) |
| Filing 2 CIVIL Cover Sheet (Mangano, Shawn) |
| Filing 1 COMPLAINT for Copyright Infringement filed by XYZ Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-21881134. (Attachments: #1 Exhibit 1 to the Complaint, #2 Exhibit 2 to the Complaint)(Mangano, Shawn) |
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