2024-cv-11081 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 35 |
08/05/2025
|
STATUS Report by Wenjie Xie 翻译 |
| 34 |
07/28/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: On 5/22/25, the Court granted defendant nos. 32 and 73 until 6/5/25 to answer or otherwise plead if they did not reach a settlement agreement with plaintiff. To date, defendant nos. 32 and 73 have not answered or otherwise pled nor has plaintiff filed a notice of voluntary dismissal as to these defendants. By 8/5/25, plaintiff and defendant nos. 32 and 73 shall file a joint status report regarding their efforts to resolve this matter. Plaintiff's counsel shall provide defendant nos. 32 and 73 with a copy of this order. The previously set 6/6/25 tracking status hearing is stricken and re-set to 9/5/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 33 |
05/22/2025
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie 翻译 |
| 32 |
05/22/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 26 for entry of default and default judgment against all defendants. Excluding defendant nos. 32 and 73, the 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 against the remaining defendants including nos. 32 and 73. Any objections to the motion for entry of default judgment must be filed on or before 6/3/25. 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. Mailed notice 翻译 |
| 31 |
05/22/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' motions for extension of time to answer or otherwise plead 28 29 are granted. If this matter is not resolved as to defendant Nos. 32 & 73, those defendants shall answer or otherwise plead by 6/5/25. Mailed notice 翻译 |
| 30 |
05/16/2025
|
MOTION for Extension by Wu Jinfang (The Store Wqsth). (Received by Box.Com on 5/16/25). 翻译 |
| 29 |
05/16/2025
|
MOTION for Extension by Lin Youlong (The Store Yuyry).(Received by Box.Com on 5/16/25). 翻译 |
| 28 |
05/15/2025
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie regarding MOTION by Plaintiff Wenjie Xie for entry of default MOTION by Plaintiff Wenjie Xie for default judgment as to Defaulting Defendants 26 翻译 |
| 27 |
05/15/2025
|
MOTION by Plaintiff Wenjie Xie for entry of default, MOTION by Plaintiff Wenjie Xie for default judgment as to Defaulting Defendants 翻译 |
| 26 |
04/22/2025
|
NOTICE of Voluntary Dismissal by Wenjie Xie 翻译 |
| 25 |
04/17/2025
|
PRELIMINARY INJUNCTION Order. Signed by the Honorable Jeffrey I Cummings on 4/17/2025. Mailed notice. 翻译 |
| 24 |
04/17/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 18 is granted. 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. If plaintiff intends to move for an order of default and default judgment, plaintiff shall file its motion on or before 5/16/25. The 4/28/25 tracking status hearing is stricken and re-set to 6/6/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice. 翻译 |
| 23 |
03/25/2025
|
CERTIFICATE of Service regarding Minute Entry 21 by Ge Lei on behalf of Wenjie Xie 翻译 |
| 22 |
03/25/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 18. 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 April 11, 2025." 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. The 4/10/25 tracking status hearing is stricken and re-set to 4/28/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 21 |
03/20/2025
|
SUMMONS Returned Executed by Wenjie Xie as to The Entities and Individuals Identified in Annex A, on 3/20/2025, answer due 4/10/2025. 翻译 |
| 20 |
03/20/2025
|
CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie regarding MOTION by Plaintiff Wenjie Xie for preliminary injunction 18 翻译 |
| 19 |
03/20/2025
|
MOTION by Plaintiff Wenjie Xie for preliminary injunction 翻译 |
| 18 |
03/20/2025
|
SUMMONS Issued (Court Participant) as to Defendant The Entities and Individuals Identified in Annex A 翻译 |
| 17 |
03/13/2025
|
SEALED ORDER Signed by the Honorable Jeffrey I Cummings on 3/13/2025. Mailed notice 翻译 |
| 16 |
02/27/2025
|
Redacted Filing 6 by Wenjie Xie 翻译 |
| 15 |
02/27/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's memorandum in support of joinder 10 and finds that joinder is proper at this preliminary stage pursuant to Fed.R.Civ.P. 20(a)(2). Although the Court disagrees with plaintiff's position that Estee Lauder is "fatally flawed," plaintiff has submitted evidence establishing that beyond just infringing the same copyright, which alone is insufficient to establish the propriety of joinder, see Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 187 (N.D.Ill. 2020), (1) defendants' infringing products bear the same irregularities and indicia of being infringing, "evidencing the same manufacturing source;" (2) each defendant uses the same exact listing images and titles; and (3) the majority of defendants use verbatim product descriptions. Further, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D.Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. And, of course, the Court's finding regarding joinder in this case is not dispositive of the propriety of joinder in any other cases before the Court. Plaintiff's motion for leave to file under seal 8 is granted solely to the extent that plaintiff is granted leave to file Schedule A and any declarations or exhibits that identify defendants' online URLS, store names and/or infringing evidence. The Court does not grant plaintiff leave to file the entirety of the motion for TRO under seal and plaintiff must file promptly file a publicly available redacted version of that motion. Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 6 and plaintiff's motion for alternative service 7 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. The Temporary Restraining Order that will be entered in due course will 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Plaintiff shall submit a copy of the proposed temporary restraining order to the Court's proposed order inbox (proposed_order_cummings@ilnd.uscourts.gov) by 2/28/25. The previously set 2/14/25 tracking status hearing is stricken and re-set to 4/10/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice. 翻译 |
| 14 |
01/14/2025
|
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's supplemental memorandum regarding joinder is under advisement. The previously set 1/10/25 tracking status hearing is stricken and re-set to 2/14/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 13 |
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 |
| 12 |
12/10/2024
|
SEALED DOCUMENT by Plaintiff Wenjie Xie Supplemental Memorandum in support of Joinder 翻译 |
| 11 |
11/27/2024
|
MINUTE entry before the Honorable Jeffrey I. Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 8, plaintiff's motion for temporary restraining order 6, and plaintiff's motion for electronic service of process 7 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 75 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 12/20/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder beyond that which was alleged in the complaint. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Status hearing set for 1/10/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice 翻译 |
| 10 |
10/29/2024
|
MOTION by Plaintiff Wenjie Xie to seal 翻译 |
| 9 |
10/29/2024
|
MOTION by Plaintiff Wenjie Xie for Alternative Service 翻译 |
| 8 |
10/29/2024
|
SEALED MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery 翻译 |
| 7 |
10/29/2024
|
SEALED DOCUMENT by Plaintiff Wenjie Xie Sealed Complaint 翻译 |
| 6 |
10/28/2024
|
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. 翻译 |
| 5 |
10/28/2024
|
CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 3). 翻译 |
| 4 |
10/28/2024
|
ATTORNEY Appearance for Plaintiff Wenjie Xie by Ge Lei 翻译 |
| 3 |
10/28/2024
|
CIVIL Cover Sheet 翻译 |
| 2 |
10/28/2024
|
SEALED EXHIBIT by Plaintiff Wenjie Xie Annex A regarding complaint 1 翻译 |
| 1 |
10/28/2024
|
COMPLAINT filed by Wenjie Xie; Jury Demand. Filing fee $ 405, receipt number AILNDC-22660997. 翻译 |