Betty's Best, Inc. v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A
| Betty's Best, Inc. |
| The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A and Hjlxiaqiu |
| 1:2024cv07491 |
| August 20, 2024 |
| U.S. District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 32 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case #31 . Summons were executed on 9/13/24, and Defendants' responses to the complaint are due by 10/4/24 #22 . By 11/1/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. (cdh, ) |
| Filing 31 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 10/3/2024. Emailed notice. (cdh, ) |
| Filing 30 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Counsel for Plaintiff appeared. Before the Court is Plaintiff's motion for a preliminary injunction #23 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 10/2/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that 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 on the record and in connection with entry and extension of the TRO #16 #17 #21 , 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 #22 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. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A #9 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) |
| Filing 29 CERTIFICATE of Service by Plaintiff Betty's Best, Inc. regarding order on motion for preliminary injunction,,,,,,, order on motion for extension of time,,,,,,, terminate hearings,,,,,,, set motion and R&R deadlines/hearings,,,,,, #28 (Rothman, Joel) |
| Filing 28 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction #23 is taken under advisement. A telephonic motion hearing is set for 10/3/24, at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. The motion may be considered unopposed as to any Defendant who does not file an objection by 10/2/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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. Consequently, Plaintiff's emergency TRO extension motion #26 is terminated as moot. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 10/1/24. Emailed notice. (cdh, ) |
| Filing 27 NOTICE of Motion by Joel Benjamin Rothman for presentment of extension of time #26 before Honorable LaShonda A. Hunt on 10/1/2024 at 10:00 AM. (Rothman, Joel) |
| Filing 26 MOTION by Plaintiff Betty's Best, Inc. for extension of time for Temporary Restraining Order (Rothman, Joel) |
| Filing 25 NOTICE of Motion by Joel Benjamin Rothman for presentment of motion for preliminary injunction #23 before Honorable LaShonda A. Hunt on 10/1/2024 at 10:00 AM. (Rothman, Joel) |
| Filing 24 MEMORANDUM by Betty's Best, Inc. in support of motion for preliminary injunction #23 (Rothman, Joel) |
| Filing 23 MOTION by Plaintiff Betty's Best, Inc. for preliminary injunction (Rothman, Joel) |
| Filing 22 SUMMONS Returned Executed by Betty's Best, Inc. as to Hjlxiaqiu on 9/13/2024, answer due 10/4/2024. (Attachments: #1 Declaration of Service)(Rothman, Joel) |
| SUMMONS Issued as to Defendant The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A (men, ) |
| Filing 21 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order #18 is granted. The TRO is extended to 9/26/24, for the reasons stated in the order granting the initial TRO #17 . No appearance is necessary on 9/17/24. Mailed notice. (sxh, ) |
| Filing 19 NOTICE of Motion by Joel Benjamin Rothman for presentment of extension of time #18 before Honorable LaShonda A. Hunt on 9/17/2024 at 10:00 AM. (Rothman, Joel) |
| Filing 18 MOTION by Plaintiff Betty's Best, Inc. for extension of time for Temporary Restraining Order (Rothman, Joel) |
| Filing 20 INJUNCTION BOND in the amount of $ 1,000.00 posted by Betty's Best, Inc. (Document not imaged) (mcp, ) |
| Filing 17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 9/3/2024. Emailed notice. (cdh, ) |
| Filing 16 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by e-mail and/or electronic publication #11 is granted. Plaintiff's written submissions establish that if Defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating Plaintiff's interests in identifying Defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to Plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify Defendants and implement the asset freeze. If any Defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000.00 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 9/5/24. Emailed notice. (cdh, ) |
| Filing 15 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Seal and Proceed Under Pseudonym #6 is granted in part and denied in part. Schedule A [8-1], Amended Schedule A #9 , and Exhibit 1 to the Declaration of Sarah M. Owen [12-2] shall remain sealed until further court order. However, Plaintiff has not established any basis for sealing its identity, information concerning its intellectual property, and other miscellaneous content filed under seal. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."). The Clerk of Court is directed, forthwith, to (1) unseal all prior filings except those specifically listed above; and (2) update the docket and case title to reflect that Plaintiff's name is "Betty's Best, Inc." Emailed notice. (cdh, ) |
| Filing 14 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motions for Leave to Exceed Page Limitation #5 , #10 are granted. Plaintiff's 18-page brief in support of Plaintiff's Motion to Seal and Proceed Under Pseudonym #7 and 40-page brief in support of its TRO Motion #12 are allowed. Emailed notice. (cdh, ) |
| Filing 13 NOTICE of Motion by Joel Benjamin Rothman for presentment of motion to seal #6 , motion for leave to file excess pages #10 , Sealed motion #11 , motion for leave to file excess pages #5 before Honorable LaShonda A. Hunt on 9/5/2024 at 10:00 AM. (Rothman, Joel) |
| Filing 12 MEMORANDUM of Law by Plaintiff in Support of Plaintiff's Motion for Entry of Temporary Restraining Order and Alternate Service of Process. (Attachments: #1 Declaration in Support, #2 Exhibit 1, #3 Declaration of Joel B. Rothman, #4 Exhibit 1 to the Declaration of Joel B. Rothman)(Rothman, Joel) Modified on 9/9/2024 (jh, ). |
| Filing 11 EX PARTE MOTION by Plaintiff for Entry of Temporary Restraining Order and Alternative Service of Process. (Rothman, Joel) Modified on 9/9/2024 (jh, ). |
| Filing 10 MOTION by Plaintiff ENTITY, INC. for leave to file excess pages (Rothman, Joel) |
| Filing 9 AMENDED Schedule A by Plaintiff. i> (Rothman, Joel) Modified on 9/9/2024 (jh, ). |
| Filing 8 COMPLAINT for Damages and Injunctive Relief by Plaintiff Complaint. (Attachments: #1 Schedule "A", #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Rothman, Joel) Modified on 9/9/2024 (jh, ). |
| Filing 7 MEMORANDUM by ENTITY, INC. in support of motion to seal #6 (Attachments: #1 Declaration of Joel B. Rothman in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Rothman, Joel) |
| Filing 6 MOTION by Plaintiff ENTITY, INC. to seal and Proceed Under Pseudonym Temporarily (Rothman, Joel) |
| Filing 5 MOTION by Plaintiff ENTITY, INC. for leave to file excess pages (Rothman, Joel) |
| Filing 4 ATTORNEY Appearance for Plaintiff ENTITY, INC. by Jay Campbell Miller (Miller, Jay) |
| Filing 3 ATTORNEY Appearance for Plaintiff ENTITY, INC. by Angela Marie Nieves (Nieves, Angela) |
| Filing 2 ATTORNEY Appearance for Plaintiff ENTITY, INC. by Joel Benjamin Rothman (Rothman, Joel) |
| Filing 1 COMPLAINT for Damages and Injunctive Relief filed by ENTITY, INC.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22383818. (Attachments: #1 Civil Cover Sheet)(Rothman, Joel) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (bi, ) |
| 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. (bi, ) |
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