Eva Gamaiun v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Eva Gamaiun |
| The Partnerships and Unincorporated Associations Identified on Schedule A, jiangyuxiang2024, hanzhongkejizixunyouxiangongsi, laoma art, kxw20210411, hefeipenshezhendianzishangwuyouxiangongsi, linshaoyan65, weizhongxiu1212, cysfx7722, jzhsq, zhangy5577, lianzohs, guangzhouyajieshangmao, zhangshenqiang2024, yichangshiwujiagangqushaoranbaihuodian, hanyongjie25, zhijiangshiqinpubaihuodian, xiaojunddd, Pitfacetee, yuanzhouqujinguqibaihuodian, wucaiy6432, sihanart, gddeei, wenxians, guangzhouxiaomengdianshangmaoyiyouxiangongsi, QIYAO, yuwudianzi, PEIHAOXUNYYTB, ChunLiangGirls Apparel, ongYuanKeJiYouXianGongSi, dssdgdsgs, baytrau, PengXiaoYu, Jingfang Stationery store, wangyongqiang, Zhongmin auto parts store, XiaoNingFeiShangMao, MENWO, zhouyutaishangmaoy, Chengpeak frock, guangzhougaofengshangmaoyouxiangongsi, yueqiaomoshangmao and zhouhang |
| 1:2024cv08804 |
| September 24, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 34 FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 11/1/2024. Mailed notice(lxs, ) |
| Filing 33 MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion #28 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 copyrights 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 $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established #30 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 11/7/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of forty-two thousand dollar ($42,000) to Plaintiff or Plaintiff's counsel, Keith Vogt Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois, 60604. Enter separate Final Judgment Order. Civil case terminated. Mailed notice (lxs, ) |
| Filing 32 CERTIFICATE of Service by Plaintiff Eva Gamaiun regarding terminate hearings,,,,, set/reset hearings,,,, #30 (Vogt, Keith) |
| Filing 31 MINUTE entry before the Honorable Sunil R. Harjani: Docket entry no. #30 is amended ONLY as follows: Tentative default judgment hearing is set for 11/7/2024 at 8:30 a.m. Time Change Only. Remainder of order shall stand. Mailed notice (lxs, ) |
| Filing 30 MINUTE entry before the Honorable Sunil R. Harjani: 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 10/31/2024. 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 10/31/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 11/7/2024 at 9:15 a.m. Telephone status hearing set for 11/21/2024 is stricken. Mailed notice (lxs, ) |
| Filing 29 MEMORANDUM by Eva Gamaiun 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 Eva Gamaiun for default judgment as to Against the Defendants Identified in First Amended Schedule A (Vogt, Keith) |
| Filing 27 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 41 yueqiaomoshangmao (Vogt, Keith) |
| NEW PARTIES: linshaoyan65, zhangshenqiang2024, jiangyuxiang2024, weizhongxiu1212, zhijiangshiqinpubaihuodian, yichangshiwujiagangqushaoranbaihuodian, gddeei, jzhsq, xiaojunddd, hanzhongkejizixunyouxiangongsi, lianzohs, hefeipenshezhendianzishangwuyouxiangongsi, guangzhouyajieshangmao, yuanzhouqujinguqibaihuodian, wenxians, Pitfacetee, sihanart, hanyongjie25, cysfx7722, kxw20210411, zhangy5577, wucaiy6432, laoma art, guangzhouxiaomengdianshangmaoyiyouxiangongsi, QIYAO, yuwudianzi, PEIHAOXUNYYTB, ChunLiangGirls Apparel, ongYuanKeJiYouXianGongSi, dssdgdsgs, baytrau, PengXiaoYu, Jingfang Stationery store, wangyongqiang, Zhongmin auto parts store, XiaoNingFeiShangMao, MENWO, zhouyutaishangmaoy, Chengpeak frock, guangzhougaofengshangmaoyouxiangongsi, yueqiaomoshangmao and zhouhang added to case caption. (Vogt, Keith) |
| Filing 26 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 10/8/2024. Mailed notice(lxs, ) |
| Filing 25 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction #19 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 [21, 23] 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 10/9/2024 is stricken. Summons was issued on 9/26/2024, and Defendants' responses to the complaint are due by 10/23/2024. Plaintiff should file any motion for entry of default and default judgment by 11/13/2024. 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. A telephone status hearing is set for 11/21/2024 at 9:15 a.m. Mailed notice (lxs, ) |
| Filing 24 Surety BOND in the amount of $ 42,000 posted by Eva Gamaiun. (Document not Imaged) (jh, ) |
| Filing 23 CERTIFICATE of Service by Plaintiff Eva Gamaiun regarding terminate hearings,,,, set/reset hearings,,, #22 (Vogt, Keith) |
| Filing 22 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #19 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 10/7/2024." 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 10/7/2024. 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. Telephone status hearing set for 10/9/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice (lxs, ) |
| Filing 21 SUMMONS Returned Executed by Eva Gamaiun as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/2/2024, answer due 10/23/2024. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 20 MEMORANDUM by Eva Gamaiun in support of motion for preliminary injunction #19 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's Declaration)(Vogt, Keith) |
| Filing 19 MOTION by Plaintiff Eva Gamaiun for preliminary injunction (Vogt, Keith) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (ksr, ) |
| Filing 18 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/25/2024. Mailed notice(lxs, ) |
| Filing 17 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal #12 , motion to exceed page limitation #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 defendants' unauthorized use of plaintiff's copyrighted works, 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 3:30 p.m. on 9/25/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 10/2/2024. Telephone status hearing is set for 10/9/2024 at 9:15 a.m.Mailed notice (lxs, ) |
| Filing 16 SEALED EXHIBIT by Plaintiff Eva Gamaiun Sealed Exhibit 2, Declaration of Eva Gamaiun regarding memorandum in support of motion, #15 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Vogt, Keith) |
| Filing 15 MEMORANDUM in support of 14 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of of Keith A. Vogt's declaration, #3 Declaration of Eva Gamaiun, #4 Exhibit 1, of Eva Gamaiun's declaration)(Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Eva Gamaiun for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Eva Gamaiun for leave to file under seal (Vogt, Keith) |
| Filing 11 ATTORNEY Appearance for Plaintiff Eva Gamaiun by Yanling Jiang (Jiang, Yanling) |
| Filing 10 ATTORNEY Appearance for Plaintiff Eva Gamaiun by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Eva Gamaiun by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Eva Gamaiun by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Eva Gamaiun by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Eva Gamaiun by Yi Bu (Bu, Yi) |
| Filing 5 DESIGNATION of Yanling Jiang as U.S. Attorney for Plaintiff Eva Gamaiun (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Eva Gamaiun by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Eva Gamaiun Shedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Eva Gamaiun; Filing fee $ 405, receipt number AILNDC-22514089. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). (qrtr, ) |
| 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. (qrtr, ) |
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