Duy T. Huynh v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Duy T. Huynh |
| The Partnerships and Unincorporated Associations Identified on Schedule A, CaiMinPing, daijianhang8596, wangweichuandedianpu, MAi poste, xiulishangpin, zhenglanqing, qingchiaa, Mayagardan, xianyoujingxipinmaoyiyouxiangongsi1212, zhenweichen6666, guohanyinshua, wudan98, wenguoping123, gaofeizhengs, LUGEGEG, huangzhangfan11, bixian123, xiangxiGG, qingye shop, xianyoudongshumaoyiyouxiangongsi, huatao1212, huaiwenguo666, linxuan115522, Defendant No. 29, jianglifanghaibao, Outdoor Sports in Summer, CHenlis, xianyouyicaixinmaoyiyouxiangongsi, huang666, baodaoposter, mountainhill and yunnacraft |
| 1:2024cv10907 |
| October 23, 2024 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 32 NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants (Vogt, Keith) |
| Filing 31 CERTIFICATE of Service by Plaintiff Duy T. Huynh regarding set motion and R&R deadlines/hearings,, #30 (Vogt, Keith) |
| Filing 30 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion #28 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, 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 12/13/24. 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. (ym) |
| Filing 29 MEMORANDUM by Duy T. Huynh 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 Duy T. Huynh 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. 3 qingchiaa (Vogt, Keith) |
| NEW PARTIES: huatao1212, gaofeizhengs, qingchiaa, MAi poste, wenguoping123, huangzhangfan11, zhenweichen6666, linxuan115522, guohanyinshua, zhenglanqing, daijianhang8596, xianyoujingxipinmaoyiyouxiangongsi1212, bixian123, qingye shop, LUGEGEG, wudan98, wangweichuandedianpu, huaiwenguo666, xiangxiGG, CaiMinPing, Mayagardan, xiulishangpin, xianyoudongshumaoyiyouxiangongsi, baodaoposter, CHenlis, xianyouyicaixinmaoyiyouxiangongsi, jianglifanghaibao, huang666, Defendant No. 29, yunnacraft, mountainhill and Outdoor Sports in Summer added to case caption. (Bu, Yi) |
| Filing 26 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 11/25/2024 Mailed notice(cc, ) |
| Filing 25 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction #20 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 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. The 12/13/24 tracking status hearing is stricken and re-set to 1/17/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 24 CERTIFICATE of Service by Plaintiff Duy T. Huynh regarding text entry,,,, #23 (Vogt, Keith) |
| Filing 23 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction #20 . 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 or before November 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 order entering the TRO, the TRO is extended to and including the date upon which 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. Mailed notice (cc, ) |
| Filing 22 SUMMONS Returned Executed by Duy T. Huynh as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/7/2024, answer due 11/28/2024. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 21 MEMORANDUM by Duy T. Huynh in support of motion for preliminary injunction #20 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's Declaration)(Vogt, Keith) |
| Filing 20 MOTION by Plaintiff Duy T. Huynh for preliminary injunction (Vogt, Keith) |
| Filing 19 SURETY BOND in the amount of $ 10,000.00 posted by Duy T. Huynh (tg, ) |
| Filing 18 SEALED ORDER Signed by the Honorable Jeffrey I Cummings on 10/30/2024. Mailed notice (cc, ) |
| Filing 17 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal #11 , motion for lave to file excess pages #12 , and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 13 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. Status hearing is set for 12/13/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (men, ) |
| Filing 16 MAILED copyright report to Registrar, Washington DC (lm, ) |
| Filing 15 SEALED EXHIBIT by Plaintiff Duy T. Huynh Sealed Exhibit 2, Declaration of Duy T. Huynh regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2)(Vogt, Keith) |
| Filing 14 MEMORANDUM in support of 13 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of of Keith A. Vogt's declaration, #3 Declaration of Duy T. Huynh, #4 Exhibit 1, of Duy T. Huynh's declaration)(Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Duy T. Huynh for leave to file excess pages (Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Duy T. Huynh for leave to file under seal (Vogt, Keith) |
| Filing 10 ATTORNEY Appearance for Plaintiff Duy T. Huynh by Christopher Romero (Romero, Christopher) |
| Filing 9 ATTORNEY Appearance for Plaintiff Duy T. Huynh by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Duy T. Huynh by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Duy T. Huynh by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Duy T. Huynh by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Duy T. Huynh by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Duy T. Huynh by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Duy T. Huynh Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Duy T. Huynh; Filing fee $ 405, receipt number AILNDC-22642221. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (lcd, ) |
| 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. (lcd, ) |
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