2024-cv-08704 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 57 |
11/17/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant No. 172 Osemind's response to the motion enforce the Rule 68 offer of judgment is due by December 2, 2025 and any reply is due by December 16, 2025. Mailed notice. 翻译 |
| 56 |
11/17/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants No. 76 Fun Iland; No. 92 Harry and Henry; No. 121 Joctly; No. 228 U Elegant 4 All; and No. 133 Leebreez's response to the motion to reconsider and to enforcement settlement is due by December 2, 2025 and any reply is due by December 16, 2025. Mailed notice. 翻译 |
| 55 |
11/17/2025
|
ATTORNEY Appearance for Defendants Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of all by Zhongyi Huang 翻译 |
| 54 |
11/14/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to enforce Rule 68 Offer of Judgment as to Def. No. 172 (Osemind) 翻译 |
| 53 |
11/14/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for reconsideration of Court Order [D.E. 339] Denying Motion to Enforce Settlement as to Certain Defendants and Motion for Sanctions 翻译 |
| 52 |
10/22/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to withdraw 356 is granted. Attorney Sandra Cristina Perez is terminated from the case. Mailed notice. 翻译 |
| 51 |
10/20/2025
|
MOTION by Attorney Sandra Cristina Perez to withdraw as attorney for Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation. No party information provided 翻译 |
| 50 |
10/16/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to withdraw as attorney 354 is granted. Attorney Lydia Pittaway terminated. Mailed notice. 翻译 |
| 49 |
10/15/2025
|
MOTION by Attorney Lydia Pittaway to withdraw as attorney for Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation. No party information provided 翻译 |
| 48 |
10/14/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Motion to withdraw as attorney 352 is granted. Attorney Yuanzhou Jo Wu terminated.Mailed notice. 翻译 |
| 47 |
10/11/2025
|
MOTION by Attorney Yuanzhou Wu to withdraw as attorney for Amolela, Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Highven, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of all. No party information provided 翻译 |
| 46 |
10/02/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Telephone conference held. Fact discovery extended to December 1, 2025. By November 24, 2025, the parties shall file a status report as to the progress of fact discovery, and that report should propose next steps in the case, including either an expert discovery schedule or a dispositive motion briefing schedule. Mailed notice. 翻译 |
| 45 |
10/01/2025
|
STATUS Report Per D.E. 339 by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation 翻译 |
| 44 |
10/01/2025
|
ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Larry Ford Banister, II 翻译 |
| 43 |
09/26/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Telephone conference set for October 2, 2025 at 9:45 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 855-244-8681, Access Code: 2302 225 8245. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. 翻译 |
| 42 |
09/17/2025
|
ATTORNEY Appearance for Defendants Amolela, Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Highven, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of all by Peter Brown 翻译 |
| 41 |
09/13/2025
|
ATTORNEY Appearance for Defendants Amolela, Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Highven, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of all by Yuanzhou Jo Wu 翻译 |
| 40 |
09/11/2025
|
TRANSCRIPT OF PROCEEDINGS held on 8/14/25 before the Honorable Lindsay C. Jenkins. Order Number: 52770. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/2/2025. Redacted Transcript Deadline set for 10/13/2025. Release of Transcript Restriction set for 12/10/2025. 翻译 |
| 39 |
08/20/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff reports that as of August 19, 2025, MUZHE's Amazon storefront had been released. The court thanks Plaintiff's counsel for her prompt attention to the matter and for seeing to its resolution. Mailed notice. 翻译 |
| 38 |
08/19/2025
|
STATUS Report AS TO NON-PARTY MUZHE PURSUANT TO COURT ORDER (D.E. 340) by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation 翻译 |
| 37 |
08/14/2025
|
CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation 翻译 |
| 36 |
08/14/2025
|
ORDER: The court orders that any asset restraint currently imposed on MUZHE with Amazon Seller ID ABBSPBOZVZA8H that is associated with the above captioned case (Case No. 24-cv-8704) shall be immediately removed. MUZHE is not a Defendant in this case and this court did not issue an asset restraint directed at this seller's account. It is so ordered. Signed by the Honorable Lindsay C. Jenkins on 8/14/2025. Mailed notice. 翻译 |
| 35 |
08/14/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: In person status hearing held. Counsel for Petitioner MUZHE, a Non-Party Seller, appeared in person. The motion for judicial relief [338] is granted. The court issues a separate order that directs Amazon to immediately release the restraint on MUZHE's account to the extent that restraint is associated with this case. As stated in open court, Plaintiff must file a status report by August 22, 2025 and Plaintiff must file an updated status report every Friday thereafter until the restraint has been removed. Plaintiff's report must attach any correspondence sent and received from Amazon since the last report demonstrating Plaintiff's efforts to have the restraint removed. Mailed notice. 翻译 |
| 34 |
08/14/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: In person status hearing held. Counsel for Plaintiff and the Defendants at issue appeared in person. For the reasons stated on the record, Plaintiff's motions to compel [328] [330] are granted in part and denied in part. Defendants must tender supplemental responses as stated in open court by August 22, 2025. The untimely objections to written discovery are waived. The motion to withdraw Certain Defendants deemed admissions [332] is denied. The Defendants are bound by the requests to admit based on their failure to respond in the time allowed by the rule. The motion to enforce settlement [336] is denied. The parties' joint status report as to the progress of fact discovery remains due by October 1, 2025. The parties are to meet and confer on the upcoming depositions including whether some can be taken virtually and others in person. Mailed notice. 翻译 |
| 33 |
08/12/2025
|
MOTION by Petitioner MUZHE (Non-Party Seller) REQUEST FOR JUDICIAL RELIEF 翻译 |
| 32 |
08/12/2025
|
ATTORNEY Appearance for Petitioner MUZHE (Non-Party Seller) by Lan Li 翻译 |
| 31 |
08/11/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to enforce SETTLEMENT AS TO DEFENDANTS (No. 76) Fun Iland, (No. 92) Harry and Henry, (No. 121) Joctly, (No. 228) U Elegant 4 All, and (No. 133) Leebreez,, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for sanctions, and Incorporated Memorandum of Law 翻译 |
| 30 |
08/11/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The court does not require separate briefing on the motion to withdraw the requests to admit filed by certain Defendants. The parties should be prepared to address their respective positions at the upcoming hearing. Mailed notice. 翻译 |
| 29 |
08/11/2025
|
RESPONSE by Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of allin Opposition to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to compel DISCOVERY RESPONSES FROM DEFENDANTS (No. 9) Aonklot, (No. 10) Aouaos Jewelry, (No. 42) choice of all, (No. 47) CHUYUN, (No. 65) Explosion Zing, (NMOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for sanctions PURSUANT TO FED.R.CIV.P. 37(a)(5)(A) [330] 翻译 |
| 28 |
08/11/2025
|
RESPONSE by Amolela, Highvenin Opposition to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to compel DISCOVERY RESPONSES FROM DEFENDANTS (No. 6) Amolela AND (No. 99) Highven MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for sanctions PURSUANT TO FED.R.CIV.P. 37(a)(5)(A) [328] 翻译 |
| 27 |
08/08/2025
|
MOTION by Defendants Amolela, Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Highven, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of allTo withdraw Defendants deemed admissions to Plaintiff's First Requests for Admissions to Certain Defendants (Opposed) 翻译 |
| 26 |
08/07/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants No. 9 Aonklot, 10 Aouaos Jewelry, 42 choice of all, 47 CHUYUN, 65 Explosion Zing, 75 Frodete, 76 Fun Iland, 92 Harry and Henry, 121 Joctly, 133 Leebreez, 172 Osemind, 228 U Elegant 4 All, and 254 Yanchun jewellry's response to the motion to compel must be filed by 12:00 noon CT on August 12, 2025. The matter is set for an in-person status hearing and ruling on August 14, 2025 at 11:00 am CT in Courtroom 2119. The extent to which costs and fees to be paid by Defendants should be assessed under FRCP 37(a)(5)(A) is a matter the parties should be prepared to discuss at the hearing. Counsel for both sides shall appear in person. Mailed notice. 翻译 |
| 25 |
08/06/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to compel DISCOVERY RESPONSES FROM DEFENDANTS (No. 9) Aonklot, (No. 10) Aouaos Jewelry, (No. 42) choice of all, (No. 47) CHUYUN, (No. 65) Explosion Zing, (No. 75) Frodete, (No. 76) Fun Iland, (No. 92) Harry and Henry, (No. 121) Joctly, (No. 133) Leebreez, (No. 172) Osemind, (No. 228) U Elegant 4 All, and (No. 254) YANCHUN JEWELLRY,, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for sanctions PURSUANT TO FED.R.CIV.P. 37(a)(5)(A) 翻译 |
| 24 |
08/04/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Amolela and Highven's response to the motion to compel is due by August 11, 2025. The matter is set for an in-person status hearing and ruling on August 14, 2025 at 11:00 am CT in Courtroom 2119. Given the ongoing and repeated nature of the parties' disputes to date, the court will not hold this status hearing by telephone, so the parties should plan accordingly. The extent to which costs and fees to be paid by Defendants should be assessed under FRCP 37(a)(5)(A) is a matter the parties should be prepared to discuss at the hearing. Mailed notice. 翻译 |
| 23 |
08/01/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to compel DISCOVERY RESPONSES FROM DEFENDANTS (No. 6) Amolela AND (No. 99) Highven, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for sanctions PURSUANT TO FED.R.CIV.P. 37(a)(5)(A) 翻译 |
| 22 |
07/31/2025
|
AMENDED DEFAULT JUDGMENT ORDER. Signed by the Honorable Lindsay C. Jenkins on 7/31/2025. Mailed notice. 翻译 |
| 21 |
07/31/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The following order does not apply to Defendants Amolela, Highven. Certain remaining Defendants have not responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [321] 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 Clerk is directed to return the surety bond posted. Enter Final Judgment Order. Mailed notice. 翻译 |
| 20 |
07/24/2025
|
CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation 翻译 |
| 19 |
07/23/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend [323] is granted so as to allow for proof of service to be accomplished. Any objections to the motion for entry of default judgment are now due by or before July 30, 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 July 28, 2025. A hearing 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. Mailed notice. 翻译 |
| 18 |
07/22/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for extension of time TO SERVE DEFENDANTS AND THE TIME FOR OBJECTIONS TO PLAINTIFFS MOTION FOR DEFAULT PURSUANT TO COURT ORDER (D.E. 322) 翻译 |
| 17 |
07/18/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion for entry of default and default judgment against certain Defendants, specifically Nos. 112, 122, 58, 84, 210, 255. These defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 July 25, 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 July 23, 2025. A hearing 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. Mailed notice. 翻译 |
| 16 |
07/17/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for default judgment as to Def. Nos. 112, 122, 58, 84, 210, 255, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for entry of default Def. Nos. 112, 122, 58, 84, 210, 255 翻译 |
| 15 |
07/01/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motions to strike and dismiss 310 and 311 are denied as moot in light of Defendants Amolela, Highven's third amended complaint. Plaintiff's third amended answer is due by July 11, 2025. As previously ordered, all fact discovery shall be noticed in time for completion by October 15, 2025, and a global joint status report as to the progress of all fact discovery remains due by October 1, 2025. Mailed notice. 翻译 |
| 14 |
06/30/2025
|
Third Amended Answer and Affirmative Defenses by Amolela, Highven (consented) 翻译 |
| 13 |
06/27/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEF. and (No.69) Florideco Jewelry AKA Yiwu Shi Moyuan Maoyi Co. Ltd. 翻译 |
| 12 |
06/24/2025
|
RESPONSE by Amolela, Highvenin Opposition to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to dismiss DEFENDANTS HIGHVEN AND AMOLELA SECOND AMENDED COUNTERCLAIM (D.E. 307) [311], MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to strike DEFENDANTS HIGHVEN AND AMOLELA SECOND AMENDED AFFIRMATIVE DEFENSES AND RESERVATION OF RIGHTS (D.E. 307) [310] 翻译 |
| 11 |
06/23/2025
|
ATTORNEY Appearance for Defendants Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of all by Shaoyi Che 翻译 |
| 10 |
06/19/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEF. (No. 123) JOYID, (No. 247) Xiangzhe2206, (No. 229) uenrisot 翻译 |
| 9 |
06/13/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to withdraw by Timothy T. Wang and Tong Jin [313] is granted. The clerk shall update the docket to reflect the following contact information for the Defendants: Aonklot, Email: shiyiwupei@163.com, Aouaos Jewelry, Email: xinningyuntu@126.com, choice of all, Email: 15926744755@163.com, CHUYUN, Email: 13967432634@163.com, Explosion Zing, Email: SW19972589638@163.com, Frodete, Email: 18958476160@163.com, Fun Iland, Email: ywfancheng@yeah.net, Harry and Henry, Email: ywxiaoxiao@yeah.net, Joctly, Email: C18958402634@163.com, Leebreez, Email: SS18967452634@163.com, Osemind, Email: tlb53394@163.com, U Elegant 4 All, Email: ywsenta@163.com, YANCHUN JEWELLRY, Email: w13378328189@163.com. Mailed notice. 翻译 |
| 8 |
06/12/2025
|
MOTION by Attorney Timothy T. Wang and Tong Jin to withdraw as attorney for Aonklot, Aouaos Jewelry, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, choice of all. 翻译 |
| 7 |
06/10/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Amolela and Highven's response to the second motion to strike its counterclaims and affirmative defenses is due by June 24, 2025. Any reply is due by July 1, 2025. Mailed notice. 翻译 |
| 6 |
06/09/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to dismiss DEFENDANTS HIGHVEN AND AMOLELA SECOND AMENDED COUNTERCLAIM (D.E. 307) 翻译 |
| 5 |
06/09/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to strike DEFENDANTS HIGHVEN AND AMOLELA SECOND AMENDED AFFIRMATIVE DEFENSES AND RESERVATION OF RIGHTS (D.E. 307) 翻译 |
| 4 |
05/30/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEFENDANTS (No. 17) Bangming, (No. 21) Bella & Jojo, (No. 98) Hifot US, (No. 161) MOMING STORE, (No. 176) PUYA, and (No. 258) Yanluu 翻译 |
| 3 |
05/23/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEFENDANTS (No. 36) Carter Zhang, (No. 59) DORTELLA, (No. 148) Lvtian, and (No. 206) Sinsatie 翻译 |
| 2 |
05/19/2025
|
SECOND AMENDED ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Amolela, Highven against Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation. by Amolela, Highven 翻译 |
| 1 |
05/07/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has moved to strike Defendants Amolela and Highven's affirmative defenses. The motion 297 is granted in part. First, failure to state a claim is not an affirmative defense. Dace v. Chicago Pub. Sch., 2020 WL 1861671, at *3 (N.D. Ill. Mar. 18, 2020). That is because it does not "limit or excuse Defendant's 'liability even if the plaintiff[s] establish a prima facie case.'" Id. This defense is stricken. The second affirmative defense is scenes-a-faire. Defendants allege that Plaintiff's works "contain standard elements for Halloween decorations and accessories," and that it cannot claim copyright protection over generic and basic elements. The third affirmative defense is a first sale doctrine defense under 17 U.S.C. § 109. This defense states only that "on information and belief, Defendants procured the accused products from wholesalers authorized by Plaintiff." [Dkt. 285 at 18, 3.] These perfunctory statements are nothing more than bare bones conclusory allegations that do not identify any factual basis for the defenses. It is well settled that an affirmative defense must be more than a conclusory restatement of the defense. Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1295 (7th Cir. 1989). The second and third defenses are stricken. Last is failure to mitigate. The duty to mitigate "imposes a duty on the injured party to exercise reasonable diligence and ordinary care in attempting to minimize his damages after injury has been inflicted." Karahodzic v. JBS Carriers, Inc., 881 F.3d 1009, 1017 (7th Cir. 2018). The lack of mitigation is an affirmative defense. Gaffney v. Riverboat Services of Indiana, Inc., 451 F.2d 424, 460 (7th Cir. 2006). Courts have "generally held that where discovery has barely begun, the failure to mitigate defense is sufficiently pled without additional facts." AAR Int'l, Inc. v. Vacances Heliades S.A., 202 F. Supp. 2d 788, 800 (N.D. Ill. 2002) (cleaned up). This affirmative defense may stand. If Defendants elect to re-plead the second or third affirmative defenses they must do so by May 19, 2025. The Court takes note of the incivility and arguably inflammatory language that appears in Defendants' amended complaint. References to Plaintiff as opportunistic, a copyright troll, extortionate, or anything similar have no place in papers filed with the Court. This falls comfortably outside the bounds of acceptable advocacy. It will not be tolerated in future filings. Mailed notice. 翻译 |