Susan Florence Comish v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Susan Florence Comish |
| The Partnerships and Unincorporated Associations Identified on Schedule A, YangBorq, yinjiesffgfk, yan yan Cuttings poster, Warlesms, hengtaihengbeijingjiudianguan, zhuzhouhuixiashangmaoyouxiangongsi, ting fa, ChenHongZhuangShiGongCheng, hanagu, Sky Wall Art Poster, The Deco Wall, zhaoyy, Xiang yun duan, li wei Smart poster, CICI CUTE, Kunkun E-commerce, Ingooood, 5diamondpainting, Defendant 4, Defendant 13, Defendant 14 and Defendant 16 |
| 1:2025cv14596 |
| December 2, 2025 |
| U.S. 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 39 MEMORANDUM by Susan Florence Comish in support of motion for default judgment #38 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 38 MOTION by Plaintiff Susan Florence Comish for default judgment as to RENEWED MOTION for default judgment as to the Defendants Identified in First Amended Schedule A (Vogt, Keith) |
| Filing 37 NOTICE of Voluntary Dismissal by Susan Florence Comish as to Certain Defendants (Vogt, Keith) |
| Filing 36 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for default judgment #30 is denied without prejudice in light of the Seventh Circuit's opinion in Liu v. Monthly, No. 25-2074, --- F.4th ----, 2026 WL 880018 (7th Cir. Mar. 31, 2026). In Liu, the Court vacated the district court's entry of default judgment because the "evidence upon which the district court relied for establishing personal jurisdiction showed only that it was possible to order the defendants' products and have them shipped to Illinois, not that such sales took place." Id. at *2. Specifically, the evidence in Liu consisted "of screenshots of [defendant seller's] website showing the checkout page with the infringing product, a Chicago shipping address, and the estimated total, but not a completed purchase." Id. Relying on NBA Props., Inc. v. HANWJH, 46 F.4th 614, 620 (7th Cir. 2022) and Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 400 (7th Cir. 2020), the Seventh Circuit explained that such evidence was insufficient to establish personal jurisdiction. Here, plaintiff has submitted the same type of evidence to establish personal jurisdiction, i.e., screenshots of defendants' websites showing the checkout pages, but no evidence of completed purchases. (Dckt. #16-1). Accordingly, on the instant record, the Court lacks personal jurisdiction over defendants sufficient to enter default judgment. See 360 Insight v. The Spamhaus Project, 500 F.3d 594, 598 (7th Cir. 2007) ("Default judgments rendered without personal jurisdiction are void... "). Plaintiff may file a renewed motion for default judgment establishing a basis for personal jurisdiction over each defendant. Any such motion shall be filed by 4/29/26. If a renewed motion for default judgment consistent with this order and Seventh Circuit precedent is not filed by 4/29/26, this action may be dismissed without prejudice for lack of personal jurisdiction. See Enduring Love Int'l Church v. Williams, No. 23-CV-1120-PP, 2024 WL 3553979, at *2 (E.D.Wis. July 26, 2024) ("Although sua sponte dismissal of claims for lack of personal jurisdiction is generally disfavored, district courts retain discretion to depart from that principle"). The previously set 3/30/26 tracking status hearing is stricken and reset to 5/29/26 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 35 CERTIFICATE of Service by Keith A. Vogt on behalf of Susan Florence Comish regarding set deadlines/hearings,,, #34 (Vogt, Keith) |
| Filing 34 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion #30 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 2/18/26. 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. The 2/23/26 tracking status hearing is stricken and reset to 3/30/26 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 33 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Jeffrey I Cummings on 2/5/2026. Mailed notice (cc, ) |
| Filing 32 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction #24 is granted as to the remaining defendants. 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 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. Mailed notice (cc, ) |
| NEW PARTIES: YangBorq, yinjiesffgfk, yan yan Cuttings poster, Warlesms, hengtaihengbeijingjiudianguan, zhuzhouhuixiashangmaoyouxiangongsi, ting fa, ChenHongZhuangShiGongCheng, hanagu, Sky Wall Art Poster, The Deco Wall, zhaoyy, Xiang yun duan, li wei Smart poster, CICI CUTE, Kunkun E-commerce, Ingooood, 5diamondpainting, Defendant 4, Defendant 13, Defendant 14 and Defendant 16 added to case caption. (Vogt, Keith) |
| Filing 31 MEMORANDUM by Susan Florence Comish in support of motion for default judgment #30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 30 MOTION by Plaintiff Susan Florence Comish for default judgment as to The Defendants Identified in First Amended Schedule A (Vogt, Keith) |
| Filing 29 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 18 Xiang yun duan and defendant no. 21 Kunkun E-commerce (Vogt, Keith) |
| Filing 28 CERTIFICATE of Service by Keith A. Vogt on behalf of Susan Florence Comish regarding text entry,,,, #27 (Vogt, Keith) |
| Filing 27 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction #24 . 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 January 30, 2026." 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 26 SUMMONS Returned Executed by Susan Florence Comish as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/9/2026, answer due 1/30/2026. (Attachments: #1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) |
| Filing 25 MEMORANDUM by Susan Florence Comish in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 24 MOTION by Plaintiff Susan Florence Comish for preliminary injunction (Vogt, Keith) |
| Filing 22 SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (lm, ) |
| Filing 23 INJUNCTION BOND in the amount of $ 10,000 posted by Susan Florence Comish (Document not scanned). (jxm, ) |
| Filing 20 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 12/31/2025: Mailed notice. (tg, ) |
| Filing 19 SEALED ORDER Signed by the Honorable Jeffrey I Cummings on 12/30/2025. Mailed notice (cc, ) |
| Filing 18 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal #12 , motion for leave to file excess pages #13 , and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and for 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 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 2/23/26 at 9:00 a.m. to track the case only. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 17 MAILED copyright report to Registrar, Washington DC (emc, ) |
| Filing 16 SEALED EXHIBIT by Plaintiff Susan Florence Comish Sealed Exhibit 2, Declaration of Susan Florence Comish regarding memorandum in support of motion, #15 (Attachments: #1 Exhibit 2)(Vogt, Keith) |
| Filing 15 MEMORANDUM in support of 14 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-2, of Keith A. Vogt's declaration, #3 Declaration of Susan Florence Comish, #4 Exhibit 1, of Susan Florence Comish's declaration)(Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Susan Florence Comish for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Susan Florence Comish for leave to file under seal (Vogt, Keith) |
| Filing 11 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Adam Grodman (Grodman, Adam) |
| Filing 10 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 9 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Christopher Romero (Romero, Christopher) |
| Filing 8 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Monica Rita Martin (Martin, Monica) |
| Filing 7 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Yi Bu (Bu, Yi) |
| Filing 6 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Yanling Jiang (Jiang, Yanling) |
| Filing 5 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Yi Bu (Jiang, Yanling) Modified on 12/3/2025 (emc, ). |
| Filing 4 ATTORNEY Appearance for Plaintiff Susan Florence Comish by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 Schedule A to Complaint #1 by Susan Florence Comish (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Susan Florence Comish; Filing fee $ 405, receipt number AILNDC-24415965. (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 3). (gmc, ) |
| 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. (gmc, ) |
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