Xie v. The Entities and Individuals Identified in Annex A
| Wenjie Xie |
| The Entities and Individuals Identified in Annex A and stickers everywhere |
| 1:2024cv12254 |
| November 27, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Sunil R Harjani |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 6, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 1/6/2025. Mailed notice(lxs, ) |
| Filing 20 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction #14 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant 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 #18 that it provided electronic notice to defendant 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 defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that defendant listed on Schedule A is 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 1/7/2025 is stricken. Summons was issued on 12/30/2023, and Defendant's response to the complaint is due by 1/20/2025. Plaintiff should file any motion for entry of default and default judgment by 2/6/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 2/13/2025 at 9:15 a.m. Mailed notice (lxs, ) |
| NEW PARTIES: stickers everywhere added to case caption. (Lei, Ge) |
| Filing 18 CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie (Lei, Ge) |
| Filing 17 MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion #14 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve defendant 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 1/3/2025." 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 1/3/2025. 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 1/7/2025 at 9:15 a.m. is converted to a tentative preliminary injunction hearing.Mailed notice (lxs, ) |
| Filing 16 CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie (Lei, Ge) |
| Filing 15 SUMMONS Returned Executed by Wenjie Xie as to The Entities and Individuals Identified in Annex A on 12/30/2024, answer due 1/20/2025. (Lei, Ge) |
| Filing 14 MOTION by Plaintiff Wenjie Xie for preliminary injunction (Attachments: #1 Supplement, #2 Declaration, #3 Declaration, #4 Exhibit)(Lei, Ge) |
| SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A (vjd, ) |
| Filing 19 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/20/2024: Mailed notice. (tg, ) |
| Filing 13 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order #12 is granted. For the reasons stated in Plaintiff's Memorandum [12-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 1/7/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 12/31/2024. Telephone status hearing set for 12/24/2024 is stricken and reset to 1/7/2025 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 12 MOTION by Plaintiff Wenjie Xie to extend the Sealed Temporary Restraining Order (Attachments: #1 Supplement Memorandum, #2 Declaration of Ge (Linda) Lei)(Lei, Ge) |
| Filing 11 money order BOND in the amount of $ 1000.00 posted Rcpt. No: 100014161 by Wenjie Xie (khg, ) |
| Filing 10 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 12/10/2024. Mailed notice(lxs, ) |
| Filing 9 MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal #8 , ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #6 , and motion for alternative service #7 are granted. Plaintiff's submissions establish that, were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant 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 defendant 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 defendant, stopping defendant's 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 infringing products, and there is no countervailing harm to defendant 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 defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 11:00 a.m. on 12/10/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 12/17/2024. Telephone status hearing is set for 12/24/2024 at 9:15 a.m. Mailed notice (lxs, ) |
| Filing 8 MOTION by Plaintiff Wenjie Xie to seal documents (Lei, Ge) |
| Filing 7 MOTION by Plaintiff Wenjie Xie for Alternative Service (Attachments: #1 Supplement, #2 Exhibit)(Lei, Ge) |
| Filing 6 MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery (Attachments: #1 Supplement, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Lei, Ge) |
| Filing 5 DOCUMENT by Plaintiff Wenjie Xie Amended Complaint (Attachments: #1 Appendix, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Lei, Ge) |
| Filing 4 ATTORNEY Appearance for Plaintiff Wenjie Xie by Ge Lei (Lei, Ge) |
| Filing 3 CIVIL Cover Sheet (Lei, Ge) |
| Filing 2 EXHIBIT by Plaintiff Wenjie Xie Annex A regarding complaint #1 (Lei, Ge) |
| Filing 1 COMPLAINT filed by Wenjie Xie; Jury Demand. Filing fee $ 405, receipt number AILNDC-22778751.(Lei, Ge) |
| 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. (rjm, ) |
| CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). (rjm, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
