2024-cv-01174 +组团 近期案件➥ 订阅
原告律所：Sidley Austin LLP
品牌：SHEIN女装
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| # | Date | Description |
| 43 |
11/25/2024
|
ORDER Signed by the Honorable Sunil R. Harjani on 11/25/2024. Mailed notice 翻译 |
| 42 |
11/25/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for Release of Cash Bond 69 is granted. The fifteen-thousand-dollar ($15,000.00 USD) cash bond posted by Plaintiff, including any applicable or earned interest, is hereby released to Plaintiff's counsel: Sidley Austin LLP c/o Taylor Wilson. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff's counsel by check made out to: Sidley Austin LLP c/o Taylor Wilson, One South Dearborn Street, Chicago, Illinois 60603. Enter Order Releasing Cash Bond. Mailed notice 翻译 |
| 41 |
11/22/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd.For Release of Cash Bond 翻译 |
| 40 |
11/21/2024
|
MAILED Closing Copyright report to Registrar, Washington DC. 翻译 |
| 39 |
11/20/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Based upon Plaintiff's notice of voluntary dismissal 66, this case is hereby dismissed with prejudice as to the following Defendants: Tianmenshishiruinvzhuangfushidian, d/b/a Y Fashion (No. 1); Tianmenshimurongfanfushidian, d/b/a ClothesBelle (No. 4); and Guangzhoushitianhequsihangfushidian, d/b/a Ling Wen Dress (No. 13). Each party shall bear its own attorney's fees and costs. All pending deadlines, motions, and hearings are stricken. Civil case terminated. Mailed notice 翻译 |
| 38 |
11/20/2024
|
NOTICE of Voluntary Dismissal by Roadget Business Pte. Ltd. as to Defendant Nos. 1, 4 & 13 翻译 |
| 37 |
11/15/2024
|
FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 11/15/2024. Mailed notice 翻译 |
| 36 |
11/15/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Defendant Nos. 2, 3, 8, 12, 14 & 15 have not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 57 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. Pursuant to 17 U.S.C. ¶ 504(b), plaintiff is entitled to recover actual damages and any of the defaulting defendants' profits attributable to infringement. Based on the foregoing and upon Exhibit 3 to the Wilson Declaration filed in support of plaintiff's motion, the Court concludes that the following amounts are an appropriate award of actual damages and any profits attributable to infringement, which amounts are not contested by any defaulting defendant: Defendant No. 2 (Sichuanaiersikekeji Co., Ltd. d/b/a Love Aphrodite) - $4,539.30; Defendant No. 3 (Haikoulonghuapinglinboshangmaoxing(getigongshanghu) d/b/a Fashion Stardust) - $4,498.83; Defendant No. 8 (Xingchengshiailangzhiyichang d/b/a Plump Swimsuit) - $548.59; Defendant No. 12 (Xingchengshiyunshengfuzhuangfushidian d/b/a Dora Swim) - $18,140.75; Defendant No. 14 (Guangzhoushengzhifushi Co., Ltd. d/b/a SZFS) - $5,531.02; and Defendant No. 15 (Xingchengshijiuwangzhiyichang d/b/a jiuwang) - $6,187.35. Plaintiff has also certified and established 61 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 11/21/2024 is stricken. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter separate Final Judgment Order. Notice of Voluntary Dismissals as to Defendant Nos. 1, 4, and 13 are due by 11/22/2024. Tracking status set for 11/26/2024 at 9:15 a.m. but will be stricken if the voluntary dismissals have been filed. 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 翻译 |
| 35 |
11/08/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 11/14/2024 is stricken. Mailed notice 翻译 |
| 34 |
11/08/2024
|
Notice of Withdrawal of Defendant No. 4 Clothesbelle From Default Motion by Roadget Business Pte. Ltd. 57 翻译 |
| 33 |
11/08/2024
|
DECLARATION of Service of Minute Order 翻译 |
| 32 |
11/07/2024
|
STATUS Report by Roadget Business Pte. Ltd. 翻译 |
| 31 |
11/07/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 57 for entry of default and default judgment against Defendant Nos. 2, 3, 4, 8, 12, 14 & 15. Defendant Nos. 2, 3, 4, 8, 12, 14 & 15 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 11/14/2024. 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 11/14/2024. 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 11/21/2024 at 9:15 a.m. Mailed notice 翻译 |
| 30 |
11/07/2024
|
MEMORANDUM by Roadget Business Pte. Ltd. in support of motion for entry of default, motion for default judgment, 57 翻译 |
| 29 |
11/07/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd. for entry of default and, MOTION by Plaintiff Roadget Business Pte. Ltd. for default judgment as to Defendants Nos. 2, 3, 4, 8, 12, 14, and 15 翻译 |
| 28 |
10/28/2024
|
NOTICE of Voluntary Dismissal by Roadget Business Pte. Ltd. AS TO DEFENDANT NOS. 5, 6, 7, 9, 10, & 11 翻译 |
| 27 |
10/18/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Third-Party Temu has consented to the unsealing of Plaintiff's Motion for Entry of a Preliminary Injunction 43 and supporting Memorandum 45. See Doc. 54. Accordingly, Plaintiff's Motion for Leave to File Under Seal 44 is denied as moot. The Clerk is requested to unseal Docs.43 and 45. Mailed notice 翻译 |
| 26 |
10/18/2024
|
Notice on behalf of third-party Temu regarding minute order (Dkt. 48) by Roadget Business Pte. Ltd. 翻译 |
| 25 |
10/16/2024
|
NEW PARTIES: Tianmenshishiruinvzhuangfushidian d/b/a Y Fashion, Sichuanaiersikekeji Co., Ltd. d/b/a LOVE APHRODITE, Haikoulonghuapinglinboshangmaoxing(getigongshanghu) d/b/a Fashion Stardust, Tianmenshimurongfanfushidian d/b/a CIothesBeIIe, Ganzhoudongboshangmao Co., Ltd. d/b/a A Seasons, Foshanshinanhaiquxianquntidiaoneiyifushichang d/b/a Sexy Candy, Ziwei Liu d/b/a Baris, Xingchengshiailangzhiyichang d/b/a Plump Swimsuit, Foshansuweinafuzhuang Co., Ltd. d/b/a JTLOVEJEAN and JTZAFUL, Xingchengshihongchengzhiyichang d/b/a HongC, Xingchengshiyunshengfuzhuangfushidian d/b/a Dora swim, Guangzhoushitianhequsihangfushidian d/b/a Ling Wen Dress, Guangzhoushengzhifushi Co., Ltd. d/b/a SZFS and Xingchengshijiuwangzhiyichang d/b/a jiuwang added to case caption. 翻译 |
| 24 |
10/15/2024
|
PRELIMINARY INJUNCTION Order. Signed by the Honorable Sunil R. Harjani on 10/15/2024. Mailed notice. 翻译 |
| 23 |
10/15/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs motion for a preliminary injunction 43 is granted. Plaintiffs 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 Courts reach. For these reasons, as well as the reasons provided in the whole of plaintiffs 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 goods using appropriated works. Plaintiff has also certified and established [ 41, 49 ] 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. Plaintiffs counsel is directed to ensure that all defendants listed on Schedule A are added to the courts docket within five business days. With the exception of Doc. 45, 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 10/17/2024 is stricken. Summons was issued on 9/27/2024, and Defendants responses to the complaint are due by 10/18/2024. Plaintiff should file any motion for entry of default and default judgment by 11/7/2024. 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. Plaintiffs ex parte motion to extend the temporary restraining order through the disposition of the preliminary injunction motion 46 is denied as moot. A telephone status hearing is set for 11/14/2024 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. 翻译 |
| 22 |
10/11/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Unopposed Motion for Leave to Withdraw Appearance of Matthew D. Binder 50 is granted. Attorney Matthew D. Binder is terminated as counsel for Plaintiff. Mailed notice 翻译 |
| 21 |
10/11/2024
|
MOTION by Attorney Matthew D. Binder to withdraw as attorney for Roadget Business Pte. Ltd. No party information provided 翻译 |
| 20 |
10/11/2024
|
DECLARATION of Taylor J. Wilson of service of minute order 翻译 |
| 19 |
10/11/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for Leave to File Supporting Papers to Motion for Preliminary Injunction Under Seal 44 states that Third-Party Temu has provided specific seller financial data to Plaintiff and Temu "has asked that this data be filed under seal." This does not demonstrate good cause for filing under seal. Accordingly, by 10/18/2024, Temu shall file a memorandum in support of Plaintiff's motion explaining with citation to authority why it believes the specific information meets the applicable Seventh Circuit standards for filing under seal or stating its consent to unseal the information. Plaintiff must send a copy of this minute entry to Temu. Mailed notice 翻译 |
| 18 |
10/10/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 43 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 10/15/2024 at 9:00 a.m." 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 10/15/2024 at 9:00 a.m. 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. A tentative preliminary injunction hearing is set for 10/17/2024 at 9:15 a.m. Mailed notice 翻译 |
| 17 |
10/10/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd.To Extend The TRO Through Disposition Of The Preliminary Injunction Motion 翻译 |
| 16 |
10/10/2024
|
DOCUMENT by Plaintiff Roadget Business Pte. Ltd. Memorandum In Support Of Motion For Entry Of A Preliminary Injunction Modified on 10/16/2024. 翻译 |
| 15 |
10/10/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd. to seal Supporting Papers To Preliminary Injunction Motion 翻译 |
| 14 |
10/10/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd. for preliminary injunction 翻译 |
| 13 |
09/27/2024
|
DECLARATION of Taylor J. Wilson 翻译 |
| 12 |
09/27/2024
|
SUMMONS Returned Executed by Roadget Business Pte. Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 9/27/2024, answer due 10/18/2024. 翻译 |
| 11 |
09/27/2024
|
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 翻译 |
| 10 |
09/26/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 39 is granted. For the reasons stated in Plaintiff's Motion, the Court finds good cause to extend the temporary restraining order an additional 14 days to 10/17/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 10/10/2024. Telephone status hearing set for 10/3/2024 is stricken and reset to 10/17/2024 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 翻译 |
| 9 |
09/26/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd. for extension of time Of Temporary Restraining Order 翻译 |
| 8 |
09/25/2024
|
REGISTRY Deposit Information Form byRoadget Business Pte. Ltd. (Received at the Intake Counter on 09/25/2024.) 翻译 |
| 7 |
09/25/2024
|
BOND in the amount of $15,000.00 cashier's check, Receipt No. 100011257, posted by Roadget Business Pte. Ltd. 翻译 |
| 6 |
09/19/2024
|
TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/19/2024. Mailed notice Modified on 10/16/2024. 翻译 |
| 5 |
09/19/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motions for leave to file under seal [11, 29, 32] and renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [31, 33], is granted. Plaintiff's ex parte motion for a temporary restraining order 9 is denied as moot. 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, 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 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. The Court requires a bond of $1,000 per defendant. Enter Sealed Temporary Restraining Order at 1:00 p.m. on 9/19/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/26/2024. Telephone status hearing is set for 10/3/2024 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 翻译 |
| 4 |
09/19/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: The Court in its discretion denies Dunlap, Bennett & Ludwig PLLC's motion for leave to file an amicus curiae brief 17. National Organization for Women, Inc. v. Schedler, et al., 223 F.3d 615, 616 (7th Cir. 2000); Luckett v. Wintrust Financial Corp., 2023 WL 4549620, at *5 (N.D. Ill. July 14, 2023) ("Federal courts have discretion to permit amicus curiae briefs."). Dunlap, Bennett & Ludwig (the "Firm") represents approximately 40 merchants who sell products on the Temu.com website and "expects that it will likely come to represent Temu merchants" sued in this action. Doc. 17 at 2. The Firm seeks to file a brief addressing the propriety of Plaintiff's ex parte TRO request in light of email service, joinder, and asset freeze concerns. An amicus brief should be allowed in "a case in which a party is inadequately represented; or in which the would-be amicus has a direct interest in another case that may be materially affected by a decision in this case; or in which the amicus has a unique perspective or specific information that can assist the court beyond what the parties can provide." Voices for Choices v. Illinois Bell Telephone Co., 339 F.3d 542, 545 (7th Cir. 2003). These circumstances are not present here. Although Defendants are not yet represented in this matter, Defendants have no right to object to an ex parte motion. Moreover, the Firm does not now represent the Defendants in this case. If the Firm comes to represent the Defendants in this case, it can raise their concerns at an appropriate time. Further, the Firm does not show that it has a direct interest in another case that would affect its interests in this case. Lastly, the Firm has not shown that it has unique information or perspective with respect to Plaintiff's ex parte TRO motion that will assist the Court at this stage of the proceedings. Because the Firm does not provide a unique perspective on the issues presented in this case, its brief is not helpful to the Court in resolving the ex parte TRO request. Mailed notice 翻译 |
| 3 |
05/29/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file first amended complaint under seal 29, plaintiff's renewed ex parte motion for entry of a temporary restraining order [31, 33], and plaintiff's motion for leave to file supporting papers to renewed motion for temporary restraining order under seal 32 are taken under advisement. Mailed notice 翻译 |
| 2 |
05/17/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd. - Renewed Ex Parte Motion For Temporary Restraining Order Modified on 10/16/2024. 翻译 |
| 1 |
05/17/2024
|
MOTION by Plaintiff Roadget Business Pte. Ltd. to seal Supporting Papers To Renewed Motion For Temporary Restraining Order Under Seal 翻译 |