原告律所:HSP
品牌:NARUTO 火影忍者
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# | Date | Description |
81 |
08/14/2025
|
ATTORNEY Appearance for Defendant Yiwu Wenzan Apparel Co., Ltd. by Jianwei Du 翻译 |
80 |
08/14/2025
|
ORDER: The court issues the attached order on Plaintiff's motion to compel; the motion is entered and continued. As detailed in the order: 1. Jing Zhu must sit for a second deposition from Plaintiff by or before September 22, 2025, See Fed. R. Civ. P. 30(a)(2)(A)(ii); and 2. Defendant must make S. Suave Lobodzinski and Xin Lan available for depositions by or before September 22, 2025; and 3. Defendant has one final opportunity to provide adequate responses to Plaintiff's outstanding written discovery, which must be submitted to Plaintiff by no later than August 21, 2025. Fact discovery is extended to September 29, 2025, and a joint status report is due by September 25, 2025. Once these things are accomplished, the court will provide Defendant an opportunity to respond in writing to the request for fees and costs associated with the motion and with the re-deposition the court has ordered. The court has now made crystal clear what Defendant and Jing Zhu must do to comply; any continued failure to comply with this order will result in entry of default judgment against Defendant Yiwu Wenzan Apparel Co., Ltd. The court reiterates, for the final time, that following these instructions is the only way for Defendant and Jing Zhu to comply. No motion that it has filed or may file in the future will excuse Defendant or Jing Zhu from sitting for the deposition, making the witnesses listed above available for their depositions; and from answering written discovery. If Jing Zhu or Defendant chooses not to do what the court has ordered, they know what the consequence will be. "Parties ignore court orders at their peril." NLRB v. Haven Salon + Spa, Inc., 60 F.4th 1058, 1059 (7th Cir. 2023). Signed by the Honorable Lindsay C. Jenkins on 8/14/2025. Mailed notice. 翻译 |
79 |
08/14/2025
|
ATTORNEY Appearance for Defendant Yiwu Wenzan Apparel Co., Ltd. by Adam M. Berger 翻译 |
78 |
08/13/2025
|
STATUS Report Joint Status Report by TV Tokyo Corporation 翻译 |
77 |
08/13/2025
|
MOTION by Plaintiff TV Tokyo Corporation to compel Plaintiff's Motion to Compel Responses to Discovery Requests, Produce Defendants for Deposition, Extend Discovery Deadline and Award Attorneys Fees, Costs and Sanctions Against Defendant No. 224 "YIWU WENZAN APPAREL CO., LTD." 翻译 |
76 |
08/05/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The court encourages Defendant Yiwu Wenzan Apparel Co., Ltd. to obtain US counsel, but it declines the extend the fact discovery deadline beyond August 29, 2025. If Defendant obtains counsel and that person files an appearance in the case, the court will take up any issues regarding discovery at that time. But the previous deadlines and instructions and deadlines stand, see docket entries 150 and 152. Mailed notice. 翻译 |
75 |
07/31/2025
|
MOTION to Obtain Counsel and extend the deposition and discovery deadline filed by Defendant Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 7/31/2025) 翻译 |
74 |
07/28/2025
|
RESPONSE to Plaintiff's Motion for Motion to extend discovery deadline Dkt. No. [148] filed by Defendant Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 7/28/2025) 翻译 |
73 |
08/01/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins:The motion to compel 153 is denied. Defendant issued a deficiency letter regarding Plaintiff's responses to interrogatories, requests to admit and requests to produce. Plaintiff's responses to that discovery have been docketed at entries 140, 142, 143 and 144. The court disagrees that Plaintiff's responses are deficient. Many of the answers direct Defendant to Plaintiff's Copyright Registration No. PA 2-276-002, which it provided with its responses. Defendant has requested "the high quality of the original cloud copyrighted artwork image," but the motion does not explain the need for this information in light of the registration information produced. Given that this case alleges that Defendant infringed Plaintiff's copyright, Plaintiff need not provide Defendant with "a high-quality image, digital file with meta data," when the image has been provided in the registration documents. None of Defendant's other arguments or objections are well taken, so the responses Plaintiff provided stand.Mailed notice 翻译 |
72 |
08/01/2025
|
CONFIDENTIALITY Order Signed by the Honorable Lindsay C. Jenkins on 8/1/2025. Mailed notice 翻译 |
71 |
08/01/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Enter Confidentiality Order. Mailed notice 翻译 |
70 |
07/29/2025
|
MOTION to compel responses to discovery requests of Plaintiff filed by Defendant Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 7/29/2025) 翻译 |
69 |
07/31/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: After the telephone conference in this matter concluded on July 30, 2025, the clerk's office docketed Defendant's response to Plaintiff's motion to compel discovery responses [Dkt 151]. The document objects to Plaintiff's written discovery requests by stating things like "Plaintiff has not registered the red Cloud graphic copyright individually"; "Plaintiff has no right to make claim without holding copyright of red cloud graphic"; "in no case does copyright protection for an original work of authorship extend to any idea"; and that "Copyright cannot cover the Red Cloud image." These statements are not responsive to the interrogatories, requests for production or requests to admit so the court overrules Defendant's objections. The motion to compel has been granted and Defendant must provide written responses to Plaintiff's discovery requests as previously ordered. To repeat, the court now orders Defendant to respond to written discovery by August 6, 2025 and the depositions discussed at the conference shall take place on the timeframe described. [see docket entry 150]. The court reiterates that it has the power to enter default judgment against a party to a case who violates discovery rules or other court orders, as one of several available sanctions. Fed. R. Civ. Pro. 37(b)(2)(A)(vi). Greyer v. Ill. Dep't of Corr., 933 F.3d 871, 877 (7th Cir. 2019). Mailed notice 翻译 |
68 |
07/25/2025
|
RESPONSE to Plaintiff's Motion for Compel Responses to Discovery Request, Docket No. [138] filed by Defendant Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 7/25/2025) 翻译 |
67 |
07/30/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Telephone conference held. For the reasons stated on the record, Plaintiff's motion to compel responses to discovery request of Defendant No. 224 Yiwu Wenzan Apparel Co, Ltd. and for attorneys' fees [138] withdrawn. Plaintiff's motion to extend the discovery deadline and to compel the deposition of Defendant No. 224 Yiwu Wenzan Apparel Co, Ltd. [148] is granted in part. Fact discovery is extended to August 29, 2025. The parties shall arrange for the Defendant's deposition by August 1, 2025 and for the remaining depositions during the week of August 4, 2025. Plaintiff shall submit a proposed protective order to the Judge's P.O. Box by or before August 6, 2025. Defendant shall respond to the written discovery deficiencies by August 6, 2025. By August 13, 2025, the parties shall jointly file a status report as to the progress of fact discovery. Mailed notice. 翻译 |
66 |
07/29/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to dismiss [147] is denied. The court already denied Defendant Yiwu Wenzan Apparel Co., Ltd's motion to dismiss in a written order dated February 12, 2025. [See docket entry [103]]. This Defendant has also filed an answer, see docket entry [93], so the motion is procedurally improper and substantively frivolous, especially considering that fact discovery is nearing its end. The July 30, 2025 telephonic status hearing stands, where the court will address both Plaintiff's motion to compel and the motion to extend the fact discovery deadline. Defendant should be prepared to say (a) when he will provide answers to written discovery; and (b) when he will sit for his deposition. The court advises Defendant that it has the power to enter default judgment against a party to a case who violates discovery rules or other court orders, as one of several available sanctions. Fed. R. Civ. Pro. 37(b)(2)(A)(vi). Greyer v. Ill. Dep't of Corr., 933 F.3d 871, 877 (7th Cir. 2019). Mailed notice. 翻译 |
65 |
07/28/2025
|
MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Motion to Extend Discovery Deadline, Compel the Deposition of Defendant No. 224 "YIWU WENZAN APPAREL CO., LTD." and Award Costs, Attorneys' Fees and Sanctions 翻译 |
64 |
07/23/2025
|
MOTION to Dismiss Plaintiff's Claims filed by Defendant Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 7/23/2025) 翻译 |
63 |
07/23/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The court construes the motion to extend [145] as a request that the court allow Defendant Yiwu Wenzan Apparel Co., Ltd's upcoming deposition to taken place by zoom given its residence in China. It also requests the court change the date of the deposition from July 24, 2025 to July 28, 2025. It appears reasonable to allow the deposition to proceed virtually under the circumstances, and the court requests that Plaintiff's counsel accommodate that aspect of the motion (if counsel had not already communicated its willingness to do so). The court encourages the parties to work out an agreeable date and time for the deposition, but declines to order a specific date for the deposition, other than that the deposition must occur before the close of fact discovery on July 28, 2025. Defendant Yiwu Wenzan Apparel Co., Ltd is reminded that its response to the motion to compel and for attorney's fees is due by July 28, 2025 and the matter remains set for a telephonic hearing and ruling on July 30, 2025 at 10:00 am CT. Mailed notice. 翻译 |
62 |
07/21/2025
|
MOTION by Defendant Yiwu Wenzan Apparel Co., Ltd. for extend the deposition (Received via pro se online portal on 7/21/2025) 翻译 |
61 |
07/19/2025
|
DEFICIENCIES by Yiwu Wenzan Apparel Co., Ltd. in Plaintiff's Responses to Defendant's first Set of Discovery Requests to Defendant No.224 Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 7/19/25) 翻译 |
60 |
07/19/2025
|
SUPPLEMENT by Yiwu Wenzan Apparel CO., Ltd. to Defendant No. 224 Yiwu wenzan Apparel Co., Ltd. Supplement for First set of discovery. (Received via pro se online portal on 7/19/25) 翻译 |
59 |
07/19/2025
|
RESPONSE by Plaintiff TV Tokyo Corporation to Defendant's No. 224 "Yiwu Wenzan Apparel Co., Ltd."S Interrogatories. (Received via pro se online portal on 7/19/25) 翻译 |
58 |
07/19/2025
|
RESPONSE by Defendant Yiwu Wenzan Apparel Co., Ltd. to plaintiff's motion for compel response to discovery requests (Dkt. No. [138]) (Received via pro se online portal on 7/19/25) 翻译 |
57 |
07/19/2025
|
RESPONSE by Plaintiff TV Tokyo Corporation to Defendant's first set of production requests. (Received via pro se online portal on 7/19/25) 翻译 |
56 |
07/21/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to compel and for attorney's fees as to Defendant No. 224 Yiwu Wenzan Apparel Co., Ltd is set for a telephonic status hearing on July 30, 2025, at 10:00 am CT. It is not clear the extent to which the parties met and conferred as required by LR 37.2. The motion references time Plaintiff expended meeting and conferring, but the details of those efforts are not spelled out. Defendant may file a brief in response to the motion to compel by July 28, 2025, and before the July 30 status hearing, the parties are directed to make a genuine effort to comply with LR 37.2 about their disagreements and be prepared to explain those efforts at the hearing. 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 |
55 |
07/18/2025
|
MOTION by Plaintiff TV Tokyo Corporation to compel Plaintiff's Motion to Compel Responses to Discovery Requests of Defendant No. 224 "YIWU WENZAN APPAREL CO., LTD." and for Attorneys' Fees 翻译 |
54 |
07/03/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins:Yiwu Wenzan Apparel Co has submitted its third filing asking the court to modify the asset restraint. The most recent motion relies on the same information submitted with the second motion for reconsideration, that is the screenshot attached to docket entry [130] at page 3. It also cites to other district court cases where courts modified the restraint so as not to "exceed the profits generated from the sales." The court already took these matters into account when it concluded that a $460,000 asset restraint was unwarranted because it potentially included money that Defendant obtained from the sales of other products unrelated to this case. But the court declines, for the final time, to reduce the restraint to $0 or $3.80, which is the amount Yiwu Wenzan Apparel Co says constitutes its revenue from sales of the allegedly infringing product. Fact discovery will reveal the extent of sales of infringing and unrelated products. The motion [135] is denied. The motion to extend fact discovery [136] is granted, though it is not clear whether Defendant opposes the request. Fact discovery is extended to July 28, 2025. The expert discovery schedule set by docket entry [126] stands, and the status report regarding expert discovery is due by August 25, 2025. Mailed notice. 翻译 |
53 |
06/27/2025
|
MOTION by Plaintiff TV Tokyo Corporation for extension of time Plaintiff's Opposed Motion to Extend the Discovery Deadline 翻译 |
52 |
06/25/2025
|
MOTION for reconsider of asset restraint reduction filed by Defendant Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 6/25/2025) 翻译 |
51 |
06/24/2025
|
SATISFACTION of Judgment 翻译 |
50 |
06/23/2025
|
AFFIDAVIT of Custodial Certification filed by Liyi Lei. (Received via pro se online portal on 6/23/2025) 翻译 |
49 |
06/17/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for reconsideration [131] related to the asset freeze is denied. Defendant Yiwu Wenzan Apparel Co., Ltd. has stated multiple times in multiple ways that the Asset Restraint should be reduced to $0 because revenue from sales of the allegedly infringing product is $0.00. The materials it submitted most recently hardly constitute an accounting: it has filed a one-page screenshot of an Alibaba "amount details page" that is nearly indecipherable to the court, and has not been subject to adversarial testing through fact discovery. The court already reduced the restraint but declines to eliminate it altogether for the reasons already explained. The schedule at docket entry [126] stands. Mailed notice. 翻译 |
48 |
06/13/2025
|
MOTION for Reconsider of Asset Restraint Reduction filed by Defendant Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 6/13/2025) 翻译 |
47 |
06/12/2025
|
DECLARATION of JING ZHU, the sole proprietor of Yiwu Wenzan Apparel Co., Ltd. (Exhibits) (Received via pro se online portal on 6/12/2025) 翻译 |
46 |
06/11/2025
|
SATISFACTION of Judgment 翻译 |
45 |
06/09/2025
|
EXHIBITS filed by Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 6/9/2025) 翻译 |
44 |
06/07/2025
|
REVISED REPLY in Support Defendants' Motion to Reduce Asset Restraint filed by Defendant. Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 6/7/2025) 翻译 |
43 |
06/09/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: As between Plaintiff and Defendant No. 224 "Yiwu Wenzan Apparel Co., Ltd," the status report states that the parties have exchanged written discovery. Based on the report, fact discovery will close by the June 27, 2025 deadline. The court modifies the proposed expert discovery schedule as follows: Plaintiff must disclose any expert witness by July 25, 2025 and any expert witness disclosed by Plaintiff must be deposed by August 29, 2025. By August 25, 2025, the parties must jointly file a status report that (a) confirms Plaintiff's expert witness discovery has concluded; and (b) confirms that Defendant intends to designate and disclose an expert witness. If Defendant intends to disclose an expert witness, then that that aspect of expert discovery must conclude by September 26, 2025. The court will then set a dispositive motion briefing schedule to commence in October 2025. Mailed notice. 翻译 |
42 |
06/09/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Yiwu Wenzan Apparel Co., Ltd has filed additional documents concerning its request to modify the asset restraint [121, 123, 124]. The court already granted the motion to modify the restraint and reduced it from $460,000 to $150,000. In so doing, the court considered the argument that there has been $0 in revenue from sales of the allegedly infringing products, but the court declined to reduce the restraint to $0. Given the list price of Defendant's hats and the considerable inventory Defendant has on hand (See Dkt. 115 at 6 "An asset restraint is appropriate given the fact that Defendant has disclosed an inventory of at least 1,000,000 hats priced from $0.95 to $1.68 per hat), some restraint remains necessary. The court has authority to freeze assets "to preserve an equitable accounting of profits, a remedy provided to counterfeiting victims by 15 U.S.C. § 1117(a)." Klipsch Grp., Inc. v. Big Box Store, Ltd., 2012 WL 5265727, at *4 (S.D.N.Y. Oct. 24, 2012.) "The appropriate scope of prejudgment restraint must be limited only to what is reasonably necessary to secure the (future) equitable relief." Deckers Outdoor Corp. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 2013 WL 12314399, at *2 (N.D. Ill. Oct. 31, 2013). "To exempt assets from an asset freeze, the burden is on the party seeking relief to present documentary proof that particular assets are not the proceeds of counterfeiting activities." Monster Energy Co. v. Wensheng, 136 F. Supp. 3d 897, 910 (N.D. Ill. 2015). Yiwu Wenzan Apparel Co. has not presented an accounting of the restrained funds, so the Court declines to disturb the prior ruling. Roadget Bus. Pte. Ltd. v. Schedule A Hereto, No. 24 C 607, Doc. 77 (N.D. Ill. Apr. 16, 2024) (granting motion to modify asset restraint when defendants provided data obtained from online sales platform with accompanying affidavit from employee at online sales platform explaining how the platform collected the data). The restraint remains at $150,000. Mailed notice. 翻译 |
41 |
06/06/2025
|
EXHIBITS filed by Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 6/6/2025) 翻译 |
40 |
06/06/2025
|
REPLY in Support Defendants' Motion to Reduce Asset Restraint filed by Defendant, Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 6/6/2025) 翻译 |
39 |
06/06/2025
|
STATUS Report by TV Tokyo Corporation 翻译 |
38 |
05/29/2025
|
REPLY by Defendant Yiwu Wenzan Apparel Co., Ltd. to Plaintiff's Response in Opposition to Defendant's motion to modify asset restraint. (Received via pro se online portal on 5/29/2025) 翻译 |
37 |
05/29/2025
|
DECLARATION of Jing Zhu (Exhibits) (Received via pro se online portal on 5/29/2025) 翻译 |
36 |
05/29/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Jing Zhu, Yiwu Wenzan Apparel Co., Ltd's motion to modify the asset restraint [112] is granted. Defendant argues that the nearly $460,000 currently restrained in its Alibaba account should be limited to that which Plaintiff is reasonably likely to recover pursuant to an equitable accounting of profits in this case. 17 U.S.C. § 504(a). According to this Defendant, there has been $0 in revenue from sales of the allegedly infringing products. Plaintiff responds that Defendant's actual sales remain disputed since no discovery has taken place, and even if Defendant's sales were known, Plaintiff's actual damages are irrelevant to a determination of statutory damages. It also argues that its request for an asset restraint prevents asset dissipation until a final accounting can be performed. [115] The Court agrees with Defendant, however, that the current asset restraint covers a substantial amount, including money that Defendant obtained from the sales of other products that is completely unrelated to this case. [117 at 3] A reduction is therefore appropriate. Plaintiff proposes that a significant (albeit lower) restraint be imposed given the list price of Defendant's hats and the considerable inventory Defendant has on hand. [115 at 6.] The current restrain is modified to reflect that any funds in excess of $150,000 must be released immediately by Alibaba. Mailed notice. 翻译 |
35 |
05/27/2025
|
EXHIBITS filed by Jing Zhu of Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 5/27/2025) 翻译 |
34 |
05/24/2025
|
REPLY to Plaintiff's Response in Opposition to Defendant's Motion to Modify Asset Restraint filed by Defendant Jing Zhu for Yiwu Wenzan Apparel Co., Ltd. (Received via pro se online portal on 5/24/2025) 翻译 |
33 |
05/24/2025
|
DECLARATION of Jing Zhu of Yiwu Wenzan Apparel Co., Ltd. (Exhibits) (Received via pro se online portal on 5/24/2025) 翻译 |
32 |
05/23/2025
|
RESPONSE by Plaintiff TV Tokyo Corporation Plaintiff's Response to the Motion to Modify the Asset Restraint of Defendant No. 224 "YIWU WENZAN APPAREL CO., LTD." [Dkt. No. 112] 翻译 |
31 |
05/13/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The Court declines to provide the length of time requested by the parties to resolve the straightforward question of an asset restraint. Plaintiff's response to the motion to modify the asset restraint is due by May 23, 2025. Any reply is due by May 30, 2025. Mailed notice. 翻译 |
30 |
05/12/2025
|
DECLARATION of Jing Zhu. (Exhibits) (Received via pro se email on 5/12/2025) 翻译 |
29 |
05/12/2025
|
MOTION to Modify Asset Restraint filed by defendant Jing Zhu, Yiwu Wenzan Apparel Co., Ltd. (Received via pro se email on 5/12/2025) 翻译 |
28 |
05/08/2025
|
STIPULATION of Dismissal Stipulation of Voluntary Dismissal 翻译 |
27 |
04/24/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Quanzhou Haixin Garment Technology Co's motion to modify the asset restraint [97] is granted. Defendant argues that $165,720.52 is restrained in its Alibaba seller account "as compared to a total revenue and maximum equitable award of $0 from sales of the allegedly infringing products, which strains equity." Plaintiff responds only by arguing that it would be premature for the Court to reduce the asset restraint before the parties complete discovery. Still, the Court agrees with Defendant that there is at least some indication that the current restraint includes funds that Defendant obtained from the sales of other products unrelated to the alleged infringing sales in this case, and Plaintiff has no interest or claim in those funds. [Dkt. 66-1 at 2.] A reduction of the restraint is appropriate, though the Court declines to eliminate the restrain altogether as Defendant advocates. After all, Plaintiff has responded with an affidavit of its own stating that information regarding the sales of Defendant's infringing products located on Alibaba's platform had not been supplied, so Defendant's assertion that revenue from sales of the allegedly infringing product is $0.00 remains untested, and there has been no accounting. The current restrain is modified to reflect that any funds in excess of $2,500 must be released immediately by Alibaba. Mailed notice 翻译 |
26 |
04/23/2025
|
SATISFACTION of Judgment 翻译 |
25 |
04/01/2025
|
SATISFACTION of Judgment 翻译 |
24 |
03/31/2025
|
SATISFACTION of Judgment 翻译 |
23 |
03/03/2025
|
REPLY by Quanzhou Haixin Garment Technology Co., Ltd. to Response, [104] 翻译 |
22 |
02/25/2025
|
SATISFACTION of Judgment 翻译 |
21 |
02/24/2025
|
RESPONSE by Plaintiff TV Tokyo Corporation Plaintiff's Response to the Motion to Modify the Asset Restraint of Defendant No. 110 "QUANZHOU HAIXIN GARMENT TECHNOLOGY CO., LTD." [Dkt. No. 97] 翻译 |
20 |
02/12/2025
|
ORDER Signed by the Honorable Lindsay C. Jenkins on 2/12/2025. Mailed notice. 翻译 |
19 |
02/12/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Yiwu Wenzan Apparel Co., Ltd's motion to dismiss [93] is denied, though the filing at docket entry [93] may stand as this Defendant's answer. See attached Order for further details. The Court imposes the same fact discovery schedule on Defendant Yiwu Wenzan Apparel Co., Ltd as is in place for the other appearing Defendant in this case. That is, Rule 26(a)(1) disclosures are due by February 28, 2025; written discovery may issue beginning on March 28, 2025; third-party platform discovery may issue by March 28, 2025; all fact discovery including third-party platform discovery must be noticed in time for completion by June 27, 2025. All the parties are to file a joint status report by June 6, 2025 that confirms fact discovery will conclude on time and that proposes an expert discovery schedule. Mailed notice. 翻译 |
18 |
02/10/2025
|
RESPONSE by Plaintiff TV Tokyo Corporation Plaintiff's Response to Defendant's Motion to Dismiss [Dkt. No. 93] 翻译 |
17 |
01/27/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: As to the motion to modify the asset restraint on Defendant Quanzhou Haixin Garment Technology Co., Ltd. [97], Plaintiff's response to the motion is due by February 24, 2025 and Defendant Quanzhou Haixin's reply is due by March 3, 2025. The Court imposes the following fact discovery schedule as proposed by Plaintiff and Defendant Quanzhou Haixin Garment: Rule 26(a)(1) disclosures are due by February 28, 2025; written discovery may issue beginning on March 28, 2025; third-party platform discovery may issue by March 28, 2025; all fact discovery including third-party platform discovery must be noticed in time for completion by June 27, 2025. The parties are to file a joint status report by June 6, 2025 that confirms fact discovery will conclude on time and that proposes an expert discovery schedule. Mailed notice. 翻译 |
16 |
01/27/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Yiwu Wenzan Apparel Co., Ltd's motion to reconsider [96] is granted. Jing Zhu represents that he is the sole proprietor doing business as Defendant Yiwu Wenzan Apparel Co., Ltd. Mr. Zhu argues that as a sole proprietor, he may appear on Yiwu Wenzan Apparel Co.'s behalf. The Seventh Circuit agrees that a sole proprietorship may litigate pro se. United States v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008) ("A sole proprietorship may litigate pro se. because it has no legal identity separate from the proprietor himself." (citations omitted)); Jeroski v. Fed. Mine Safety & Health Rev. Comm'n, 697 F.3d 651, 652 (7th Cir. 2012) ("A proprietorship is not a legal entity, but merely a name under which the owner, who is the real party in interest, does business."). Thus, Yiwu Wenzan's filing at [93], which the Court treats as a motion to dismiss, shall stand. Plaintiff's response is due by February 10, 2025. Mailed notice. 翻译 |
15 |
01/24/2025
|
by TV Tokyo Corporation Proposed Joint Discovery Schedule 翻译 |
14 |
01/24/2025
|
MOTION by Defendant Quanzhou Haixin Garment Technology Co., Ltd. to Modify Asset Restraint [Dkt. 44] 翻译 |
13 |
01/23/2025
|
MOTION by Defendant Yiwu Wenzan Apparel Co., Ltd. to reconsider. 翻译 |
12 |
01/22/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: As to Yiwu Wenzan Apparel Co., Ltd., the Court provided this Defendant until January 17, 2025 to retain US counsel and file an answer to the complaint, or otherwise resolve the matter with Plaintiff. The filings at docket entries 93 and 94 were made by Jing Zhu, who is not a licensed lawyer and therefore he cannot make filings on behalf of Yiwu Wenzan Apparel Co., Ltd. The declaration states that Jing Zhu is operator and business owner, but not that he is licensed to represent another entity in this case. The Court provided Defendant Yiwu Wenzan Apparel Co., Ltd with more than 3 weeks to either retain counsel who can appear and answer the matter, but that has not occurred, so the filing at 93 is stricken. Plaintiff should file the appropriate motion as to this Defendant by or before February 5, 2025. Mailed notice. 翻译 |
11 |
01/17/2025
|
DECLARATION of Jing Zhu. (Exhibits) (Received via pro se email on 1/17/2025) 翻译 |
10 |
01/17/2025
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ANSWERS to Plaintiff's Complaint by Yiwu Wenzan Apparel Co., Ltd. (Exhibits) (Received via pro se email on 1/17/2025) 翻译 |
9 |
01/17/2025
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ANSWER to Complaint by Quanzhou Haixin Garment Technology Co., Ltd. 翻译 |
8 |
01/15/2025
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SATISFACTION of Judgment 翻译 |
7 |
01/10/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to dismiss [66] for lack of jurisdiction is denied. Personal jurisdiction may be either general or specific. See Daimler AG v. Bauman, 571 U.S. 117, 12628 (2014), and Plaintiff has established a prima facie case of specific personal jurisdiction over Defendant Quanzhou Haixin Garment Technology Co., Ltd. Defendant's argument against specific personal jurisdiction is that it did not conduct business in Illinois and did not direct or target their allegedly infringing activities to the Illinois market [Dkts. 66, 89] But the materials included in Plaintiff's response, including a purchase order dated March 2024 using an order number ending in 6462 involved an order for a counterfeit product from Defendant, that listed a Bensenville, Illinois address for shipping that had been placed but was awaiting confirmation. [Dkt. 85-1 at 6.] Even assuming the order was cancelled and never shipped, the Court agrees with other decisions in this district that it cannot allow a defendant to avoid this Court's jurisdiction by apparently cancelling the order after it was placed. RABUS GmbH v. Individuals Identified on Schedule A, 2022 WL 7501046 (N.D. Ill. 2022); Pit Viper, LLC v. The P'Ships, et al., Case No. 23-cv-14761. Here, the order was placed and Defendant assigned it an order number, which is sufficient to make a prima facia showing of purposeful availment at this stage. Defendants were ready, willing, and able to ship products to an Illinois address. NBA Properties, Inc. v. HANWJH, 46 F.4th 614, 624 (7th Cir. 2022) (purposeful direction aimed at Illinois where the defendant established an online storefront, indicated a willingness to sell to Illinois, and fulfilled an order by "intentionally shipping an infringing product to the customer's designated Illinois address.") The remaining requirements for personal jurisdiction are also satisfied because the contact at issue relates to this suit and Defendant has taken steps to make its products, including those at issue in this case, available to Illinois customers. As such, it does not offend traditional notions of fair play and substantial justice for Defendant to defend against the claims in this forum. Defendant's answer is due by January 17, 2025. By January 24, 2025, the parties are to jointly propose a fact discovery schedule and if either party wishes to conduct jurisdictional discovery, it should be included in the proposed schedule to occur alongside fact discovery. Mailed notice. 翻译 |
6 |
01/09/2025
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REPLY by Quanzhou Haixin Garment Technology Co., Ltd. to Response[85] 翻译 |
5 |
01/09/2025
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ATTORNEY Appearance for Defendant Quanzhou Haixin Garment Technology Co., Ltd. by Brian Swift 翻译 |
4 |
01/08/2025
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SATISFACTION of Judgment 翻译 |
3 |
12/27/2024
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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 |
2 |
12/30/2024
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RESPONSE by Plaintiff TV Tokyo Corporation Plaintiff's Response to Defendant's Motion to Dismiss [Dkt. No. 66] 翻译 |
1 |
12/27/2024
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SATISFACTION of Judgment 翻译 |