Liao v. The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint
| Gulan Liao |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint, 92410724MAD2J06A6F, CALRO, chjengyingshangmao, dongjianxiao, DOROM, Fhnjjggyh, GANGYIGANG, guangdehzuang, GYUGJKKKN, GZHLMARKY, Hamsoo, HBOOTM, Huwennkin99, JIAJIATAI, johnyht, juanjuanshangdian, KaBinSheng, lihailidebeimeidianpu, lixiangwangluokejilixiang, lxylkj, mr.jona, Nanorevi85, P&C-Direct, Pinjia Trading, Ponochka, qiao'nai'shop, raochunyan, SerenityStyle, SimmsJan, TEXPLH, Virtual Variety Store., wangShop, wuxishangqikejiyouxiangongsi, xiamenshilimingliming, YoMee, ZEOXUER, zhengzhoubangcenshangmaoyouxiangongsi and zhengzhouwenzongxinxijishuyouxiangongsi |
| 1:2024cv03297 |
| April 24, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Both |
Docket Report
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| Filing 39 NOTICE of Voluntary Dismissal by Gulan Liao as to a certain Defendant (Smith, Keaton) |
| Filing 38 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 6/13/2024. Mailed notice(lxs, ) |
| Filing 37 MINUTE entry before the Honorable Sunil R. Harjani: Enter preliminary injunction order. The Clerk is requested to unseal any previously-sealed documents. Mailed notice (lxs, ) |
| Filing 36 NOTICE of Voluntary Dismissal by Gulan Liao as to a certain Defendant (Smith, Keaton) |
| Filing 35 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction #29 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 #34 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. 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 6/13/2024 is stricken. Summons were issued on 6/6/2024, and Defendants' responses to the complaint are due by 6/27/2024. Plaintiff should file any motion for entry of default and default judgment by 7/18/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. By 6/14/2024, Plaintiff shall submit a proposed preliminary injunction order to the Court's proposed order inbox. A telephone status hearing is set for 7/25/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| NEW PARTIES: 92410724MAD2J06A6F, CALRO, chjengyingshangmao, dongjianxiao, DOROM, Fhnjjggyh, GANGYIGANG, guangdehzuang, GYUGJKKKN, GZHLMARKY, Hamsoo, HBOOTM, Huwennkin99, JIAJIATAI, johnyht, juanjuanshangdian, KaBinSheng, lihailidebeimeidianpu, lixiangwangluokejilixiang, lxylkj, mr.jona, Nanorevi85, P&C-Direct, Pinjia Trading, Ponochka, qiao'nai'shop, raochunyan, SerenityStyle, SimmsJan, TEXPLH, Virtual Variety Store., wangShop, wuxishangqikejiyouxiangongsi, xiamenshilimingliming, YoMee, ZEOXUER, zhengzhoubangcenshangmaoyouxiangongsi and zhengzhouwenzongxinxijishuyouxiangongsi added to case caption. Terminating The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint (Smith, Keaton) |
| Filing 34 CERTIFICATE of Service by Plaintiff Gulan Liao regarding terminate hearings,,,,, set/reset hearings,,,, #33 (Mu, Shengmao) |
| Filing 33 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #29 for entry of a preliminary injunction. 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 6/11/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 6/11/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. The telephone status hearing set for 6/13/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice (lxs, ) |
| Filing 32 SUMMONS Returned Executed by Gulan Liao as to The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint on 6/6/2024, answer due 6/27/2024. (Mu, Shengmao) |
| Filing 31 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for preliminary injunction #29 (Mu, Shengmao) |
| Filing 30 MEMORANDUM motion for preliminary injunction #29 by Gulan Liao (Mu, Shengmao) |
| Filing 29 MOTION by Plaintiff Gulan Liao for preliminary injunction (Mu, Shengmao) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint (lm, ) |
| Filing 28 NOTICE of Voluntary Dismissal by Gulan Liao as to a certain Defendant (Smith, Keaton) |
| Filing 27 ATTORNEY Appearance for Plaintiff Gulan Liao by Keaton David Smith (Smith, Keaton) |
| Filing 25 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order #22 is granted. For the reasons stated in Plaintiff's Memorandum #23 , the Court finds good cause to extend the temporary restraining order an additional 14 days to 6/13/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 6/6/2024. Telephone status hearing set for 5/30/2024 is stricken and reset to 6/13/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| Filing 26 INJUNCTION BOND in the amount of $38,000.00 posted by Gulan Liao. (Document not scanned). (jj, ) |
| Filing 24 AFFIDAVIT by Plaintiff Gulan Liao in Support of MOTION by Plaintiff Gulan Liao for extension of time #22 (Mu, Shengmao) |
| Filing 23 MEMORANDUM extension of time #22 by Gulan Liao (Mu, Shengmao) |
| Filing 22 MOTION by Plaintiff Gulan Liao for extension of time (Mu, Shengmao) |
| Filing 21 TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 5/16/2024. Mailed notice(lxs, ) Modified on 6/14/2024 (nsf, ). |
| Filing 20 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Memorandum #19 establishing joinder and a First Amended Complaint [17, 18] with a smaller set of defendants as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 38 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's motion for leave to file under seal #3 , ex parte motion for a temporary restraining order and expedited discovery #13 , and motion for electronic service of process #10 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 at 11:30 a.m. on 5/16/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/23/2024. Telephone status hearing set for 5/21/2024 is stricken and reset to 5/30/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| Filing 19 PLAINTIFF'S MEMORANDUM SUPPORTING JOINDER OF DEFENDANTS by Plaintiff Gulan Liao supplemental memorandum addressing the propriety of joinder of a subset of Defendants (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 18 AMENDED SCHEDULE A by Plaintiff Gulan Liao Amended Schedule A (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 17 AMENDED complaint by Gulan Liao against The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint (Mu, Shengmao) |
| Filing 16 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal #3 , plaintiff's motion for temporary restraining order #13 , and plaintiff's motion for electronic service of process #10 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 75 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 5/7/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants. Estee Lauder, 334 F.R.D. at 189. A status hearing is set for 5/21/2024 at 9:15 a.m. by telephone. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| Filing 15 DECLARATION OF GULAN LIAO by Plaintiff Gulan Liao Liao Declaration (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 14 MEMORANDUM IN SUPPORT by Plaintiff Gulan Liao Memorandum in support of TRO (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 13 MOTION by Plaintiff Gulan Liao for temporary restraining order (Mu, Shengmao) |
| Filing 12 MINUTE entry before the Executive Committee: Case reassigned to the Honorable Sunil R. Harjani for all further proceedings pursuant to 28 USC 294(b). Mailed notice (Attachments: #1 Request for reassignment) (ags) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 1). (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 11 MEMORANDUM motion for service by publication #10 by Gulan Liao (Mu, Shengmao) |
| Filing 10 MOTION by Plaintiff Gulan Liao for service by publication (Mu, Shengmao) |
| Filing 9 EXHIBIT 3-2 by Plaintiff Gulan Liao Exhibit 3-2 (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 8 EXHIBIT 3-1 by Plaintiff Gulan Liao Exhibit 3-1 (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 7 EXHIBIT 2 by Plaintiff Gulan Liao Exhibit 2 (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 6 EXHIBIT 1 by Plaintiff Gulan Liao Exhibit 1 (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 5 ATTORNEY Appearance for Plaintiff Gulan Liao by Shengmao Mu (Mu, Shengmao) |
| Filing 4 SCHEDULE A by Plaintiff Gulan Liao Schedule A (Mu, Shengmao) Modified on 6/14/2024 (nsf, ). |
| Filing 3 MOTION by Plaintiff Gulan Liao to seal (Mu, Shengmao) |
| Filing 2 CIVIL Cover Sheet (Mu, Shengmao) |
| Filing 1 COMPLAINT filed by Gulan Liao; Jury Demand. Filing fee $ 405, receipt number AILNDC-21892623.(Mu, Shengmao) |
| NEW PARTIES: The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified on Schedule A To The Complaint added to case caption. (Mu, Shengmao) |
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