2024-cv-04655 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 7 |
01/16/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, [6], is denied. Plaintiff's motion for a temporary restraining order, temporary asset restraint, expedited discovery, and electronic service of process, [12], is granted in part and denied in part. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. See [6]. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Because the court denies the motion for a temporary restraining order, there is no reason to seal plaintiff's filings pending such relief. Plaintiff's motion for leave to file under seal, [6], is denied. Plaintiff's sealed memorandum, [14], is stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. To the extent plaintiff's motion, [12], seeks a temporary restraining order and expedited discovery, the motion is denied. To the extent the motion, [12], seeks electronic service of process, the motion is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). 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. To the extent that the motion requests service of process of any temporary restraining order in this case, service is not necessary because this court has already denied the motion for a TRO. 翻译 |
| 6 |
12/27/2024
|
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 12/27/2024: Mailed notice. 翻译 |
| 5 |
08/05/2024
|
AMENDED complaint by Shenzhen Jiyou Supply Chain Co. LTD. against THE PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED IN SCHEDULE A 翻译 |
| 4 |
07/22/2024
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for extension of time, [17] is granted. By 8/5/24, plaintiff should show cause why this case should not be dismissed for failure to comply with the joinder restrictions in 35 U.S.C. � 299. 翻译 |
| 3 |
07/18/2024
|
MOTION by Plaintiff Shenzhen Jiyou Supply Chain Co. LTD. for extension of time to file 翻译 |
| 2 |
07/09/2024
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ORDER: Plaintiff is ordered to show cause by 7/22/24 why this case should not be dismissed for failure to comply with the joinder restrictions in 35 U.S.C. � 299. See Hu v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, No. 23- cv-5881, at Dkt. Nos. 15, 23 (N.D. Ill. 2024); Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 24-cv-848, at Dkt. No. 25 (N.D. Ill. 2024). If plaintiff needs more time, plaintiff may move for an extension of time. Signed by the Honorable Martha M. Pacold on 7/9/2024. Mailed notice. (jn,) 翻译 |
| 1 |
07/09/2024
|
ORDER: Plaintiff's motion to file the case under seal, [9], is denied. The Clerk of the Court of directed to unseal this case. Plaintiff's motion for leave to file certain documents under seal, [6], remains under advisement. Signed by the Honorable Martha M. Pacold on 7/9/2024. Mailed notice. (jn,) 翻译 |