Olga Shvartsur v. Partnerships and Unincorporated Associations Identified on Schedule A
| OS and Olga Shvartsur |
| Partnerships and Unincorporated Associations Identified on Schedule A, UNSEMITIONS_LLC, ANXGOODJK, JieLIngShangMao, Nian, Tiger, Newing, THBLNR, minximaoyi, Hengshui Xueean Electronic Technology Co., Ltd., AYOCO, YAYOU, ZOEO, XKGET, aguoppeng, Pinky Beauty Australia, Gagazet Media, LisaDGocDVhen, Veteran Pins Inc., My Daily, Doalre, ALsmiley, IPOOY, NEW ERA DESIGN, Glaphy, STSDX, AJYX and Now4ever |
| 1:2024cv03426 |
| April 29, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on June 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 44 ENTERED PARTIAL DEFAULT JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 6/27/2024. Mailed notice. (jlj, ) |
| Filing 43 MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendant Zoeo. No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion #37 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants (Plaintiff has failed to seek an accounting of profits), the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $100,000 is an appropriate award of statutory damages. Enter Partial Final Judgment Order. Mailed notice. (jlj, ) |
| Filing 42 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Zoeo's unopposed motion for an extension of time #40 is granted. Defendant Zoeo's responsive pleading is now due by July 11, 2024. Mailed notice. (jlj, ) |
| Filing 41 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #37 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 June 27, 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. Mailed notice. (jlj, ) |
| Filing 40 MOTION by Defendant ZOEO for extension of time UNOPPOSED (Urbanczyk, Adam) |
| Filing 39 ATTORNEY Appearance for Defendant ZOEO by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 38 MEMORANDUM by OS, Olga Shvartsur in support of motion for default judgment #37 (Attachments: #1 Declaration Declaration of David Gulbransen, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Gulbransen, David) |
| Filing 37 MOTION by Plaintiffs OS, Olga Shvartsur for default judgment as to all remaining defendants (Gulbransen, David) |
| NEW PARTIES: UNSEMITIONS_LLC, ANXGOODJK, JieLIngShangMao, Nian, Tiger, Newing, THBLNR, minximaoyi, Hengshui Xueean Electronic Technology Co., Ltd., AYOCO, YAYOU, ZOEO, XKGET, aguoppeng, Pinky Beauty Australia, Gagazet Media, LisaDGocDVhen, Veteran Pins Inc., My Daily, Doalre, ALsmiley, IPOOY, NEW ERA DESIGN, Glaphy, STSDX, AJYX and Now4ever added to case caption. (Gulbransen, David) |
| Filing 36 NOTICE of Voluntary Dismissal by Olga Shvartsur of Certain Doe Defendants (Gulbransen, David) |
| Filing 35 NOTICE of Voluntary Dismissal by Olga Shvartsur of Certain Doe Defendants (Gulbransen, David) |
| Filing 34 PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/21/2024. Mailed notice. (jlj, ) |
| Filing 33 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction #26 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 #29 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of Law Office Of David Gulbransen, is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. (jlj, ) |
| Filing 32 NOTICE of Voluntary Dismissal by Olga Shvartsur of Certain Doe Defendants (Gulbransen, David) |
| Filing 31 NOTICE of Voluntary Dismissal by Olga Shvartsur of Certain Doe Defendants (Gulbransen, David) |
| Filing 29 CERTIFICATE of Service by Plaintiffs OS, Olga Shvartsur regarding order on motion for preliminary injunction,,,,, text entry,,,, #28 (Gulbransen, David) |
| Filing 28 MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion #26 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 May 20, 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 orders entering the TRO, the TRO is extended until 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. (jlj, ) |
| Filing 27 MEMORANDUM by OS, Olga Shvartsur in support of motion for preliminary injunction #26 (Attachments: #1 Declaration Declaration of David Gulbransen, #2 Exhibit Exhibit to Declaration of David Gulbransen)(Gulbransen, David) |
| Filing 26 MOTION by Plaintiffs OS, Olga Shvartsur for preliminary injunction (Gulbransen, David) |
| Filing 25 SUMMONS Returned Executed by Olga Shvartsur as to Partnerships and Unincorporated Associations Identified on Schedule A on 5/14/2024, answer due 6/4/2024. (Gulbransen, David) |
| Filing 24 CERTIFICATE of Service by Plaintiffs OS, Olga Shvartsur regarding sealed document #2 (Gulbransen, David) |
| Filing 30 SURETY BOND in the amount of $ 10,000.00 posted by Olga Shvartsur. (Document not imaged) (td, ) |
| Filing 23 SURETY BOND in the amount of $ $10,000.00 posted by Olga Shvartsur (tg, ) |
| SUMMONS Issued as to Defendant Partnerships and Unincorporated Associations Identified on Schedule A (jmv, ) |
| Filing 22 TEMPORARY RESTRAING ORDER Signed by the Honorable Lindsay C. Jenkins on 5/2/2024. Mailed notice. (jlj, ) Modified on 5/22/2024 (smb, ). |
Filing 21
ORDER written by the Honorable Lindsay C. Jenkins on 5/2/2024. Mailed notice. (jlj, ) Modified on 5/22/2024 (smb, ).
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| Filing 20 MOTION by Plaintiffs OS, Olga Shvartsur to seal document sealed document, #18 (Gulbransen, David) |
| Filing 19 MOTION by Plaintiffs OS, Olga Shvartsur for leave to file excess pages (Gulbransen, David) |
| Filing 18 MEMORANDUM in Support by Plaintiffs OS, Olga Shvartsur (Attachments: #1 Declaration Plaintiff Declaration, #2 Declaration Declaration of David Gulbransen, #3 Exhibit Exhibit 1 to Declaration of David Gulbransen, #4 Exhibit Exhibit 2 to Declaration of David Gulbransen (Part 1 of 3), #5 Exhibit Exhibit 2 to Declaration of David Gulbransen (Part 2 of 3), #6 Exhibit Exhibit 2 to Declaration of David Gulbransen (Part 3 of 3))(Gulbransen, David) Modified on 5/22/2024 (smb, ). |
| Filing 17 MOTION by Plaintiffs OS, Olga Shvartsur for temporary restraining order (Gulbransen, David) |
| Filing 16 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal #14 is 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 for now file under seal the documents identified in the motion to seal and appearing at docket entries #2 , #11 , and #12 . Mailed notice. (jlj, ) |
| Filing 15 MINUTE entry before the Honorable Lindsay C. Jenkins: The clerk is directed to amend the case caption to reflect Olga Shvartsur as Plaintiff. Mailed notice. (jlj, ) |
| Filing 14 MOTION by Plaintiff Olga Shvartsur to seal document sealed document #2 , sealed document #12 , sealed document #11 (Gulbransen, David) |
| Filing 13 ATTORNEY Appearance for Plaintiff Olga Shvartsur by David Lee Gulbransen, Jr (Gulbransen, David) |
| Filing 12 SCHEDULE A by Plaintiff Olga Shvartsur Schedule A to Amended Complaint (Gulbransen, David) Modified on 5/22/2024 (smb, ). |
| Filing 11 EXHIBIT 1 by Plaintiff Olga Shvartsur Exhibit 1 to Amended Complaint (Gulbransen, David) Modified on 5/22/2024 (smb, ). |
| Filing 10 AMENDED complaint by Olga Shvartsur against Partnerships and Unincorporated Associations Identified on Schedule A and terminating OS (Gulbransen, David) |
| Filing 9 MAILED Copyright report to Registrar, Washington DC (smb, ) |
| Filing 8 NOTICE of Correction regarding Copyright Report #7 (smb, ) |
| Filing 7 Entered in error. (smb, ) Modified on 4/29/2024 (smb, ). |
| Filing 6 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion #5 is denied in part. The motion is denied with respect to the request to temporarily proceed under a pseudonym. No-name litigation is disfavored in general, and the Seventh Circuit has repeatedly voiced disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings. The Court is not convinced that the circumstances described in Plaintiff's filing are truly exceptional; hundreds of other "Schedule A" cases proceed without anonymity and the Court cannot see why this case is any different. By May 6, 2024, Plaintiff may refile its complaint in its own name without the use of a pseudonym, and it may renew its motion to seal certain of its filings. Failure to do so by this deadline will result in dismissal without prejudice. Mailed notice. (jlj, ) |
| Filing 5 MOTION by Plaintiff OS to seal document sealed document #2 (Gulbransen, David) |
| Filing 4 ATTORNEY Appearance for Plaintiff OS by David Lee Gulbransen, Jr (Gulbransen, David) |
| Filing 3 CIVIL Cover Sheet (Gulbransen, David) |
| Filing 2 UNREDACTED COMPLAINT by Plaintiff OS Complaint, Ex. 1, and Schedule A (Attachments: #1 Exhibit Exhibit 1, #2 Appendix Schedule A)(Gulbransen, David) Modified on 5/22/2024 (smb, ). |
| Filing 1 COMPLAINT filed by OS; Filing fee $ 405, receipt number AILNDC-21906158.(Gulbransen, David) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). (jxm, ) |
| 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. (jxm, ) |
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