2024-cv-11983 +组团 近期案件➥ 订阅
原告律所：Yk Law LLP
品牌：Bird shaped door knocker 鸟形门环
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| # | Date | Description |
| 31 |
06/20/2025
|
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal. [30]. This dismissal took effect without court intervention. See Fed. R. Civ. P. 41(a)(1)(A)(i); Waetzig v. Haliburton Energy Servs., 145 S. Ct. 690, 694 (2025). Plaintiff's motion for entry of default and default judgment, [23], is stricken as moot. Civil case terminated. 翻译 |
| 30 |
05/30/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for extension of time, 28, is granted. Under Federal Rule of Civil Procedure 6(b)(1)(A), "[w]hen an act may or must be done within a specified time, the court may, for good cause, extend the time. with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires." Rule 6(b) applies to court-imposed briefing schedules. See Shaw v. Monroe, 20 F. App'x 563, 565 (7th Cir. 2001). "To demonstrate good cause, a party must show that despite its diligence, the time table could not reasonably have been met." Smetzer v. Newton, No. 1:10-cv-93, 2012 WL 1900118, at *2 (N.D. Ind. May 23, 2012). Plaintiff's motion states that: "On May 28, 2025, Plaintiff's counsel served a subpoena on the registered agent of Whaleco, Inc., Temu's owner, at 84 State St., Boston, MA 02109," requesting "information regarding the defendant's infringing sales to the State of Illinois which will be used to establish personal jurisdiction that the Court may have over the defendant in this matter." 28 at 1. According to plaintiff, it served the third-party subpoena on 5/28/2025, the day before its supplemental brief was due. The court issued its order requesting supplemental briefing on 5/15/2025. 27. Plaintiff had two weeks to gather the evidence it needed to support its alleged basis for personal jurisdiction, yet waited until the day before the supplemental briefing deadline to serve the third-party subpoena. However, because plaintiff took some steps to gather relevant evidence and an extension of time would not result in significant prejudice to the defendant, the court exercises discretion to extend the supplemental briefing deadline to 6/26/2025, as requested. See 4B C. Wright, A. Miller, & A. Steinman, Federal Practice and Procedure § 1165 (4d ed. 2025) ("[A]n application for extension of time under Rule 6(b)(1)(A) normally will be granted in the absence of bad faith on the part of the party seeking relief or prejudice to the adverse party."). Barring exceptional circumstances, no further extensions will be allowed. Plaintiff's failure to timely file a supplemental brief addressing the issues outlined in the court's 5/15/2025 order, 27, may result in the denial of its motion for default judgment, 23, and the dismissal of this case for lack of personal jurisdiction and / or failure to comply with court orders. 翻译 |
| 29 |
05/29/2025
|
MOTION by Plaintiff Lucky Wang for extension of time to file a supplemental brief 翻译 |
| 28 |
05/15/2025
|
ORDER Signed by the Honorable Martha M. Pacold on 5/15/2025: 翻译 |
| 27 |
05/06/2025
|
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion for entry of default and default judgment against defendant Whimsy Gifts. 23. The court will consider the motion unopposed if defendant does not appear and object by 5/13/2025. Plaintiff shall serve defendant with this notice. 翻译 |
| 26 |
05/01/2025
|
STATUS Report by Lucky Wang (Deng, Faye Yifei) 翻译 |
| 25 |
05/01/2025
|
MEMORANDUM by Lucky Wang in support of motion for default judgment 23 翻译 |
| 24 |
05/01/2025
|
MOTION by Plaintiff Lucky Wang for default judgment as to Defendant (Deng, Faye Yifei) 翻译 |
| 23 |
04/24/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 5/1/2025, addressing how plaintiff seeks to proceed with this litigation. 翻译 |
| 22 |
04/04/2025
|
SUMMONS Returned Executed by Lucky Wang as to Whimsy Gifts on 3/28/2025, answer due 4/18/2025. 翻译 |
| 21 |
03/28/2025
|
STATUS Report by Lucky Wang (Deng, Faye Yifei) 翻译 |
| 20 |
03/28/2025
|
SUMMONS Issued (Court Participant) as to Defendant Whimsy Gifts 翻译 |
| 19 |
03/21/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 3/28/2025, updating the court on the status of service and how plaintiff seeks to proceed with this litigation. 翻译 |
| 18 |
02/18/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, 14, 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. 翻译 |
| 17 |
02/13/2025
|
MEMORANDUM by Lucky Wang in support of motion for miscellaneous relief 14 翻译 |
| 16 |
02/13/2025
|
MOTION by Plaintiff Lucky Wang for electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Deng, Faye Yifei) 翻译 |
| 15 |
02/05/2025
|
ORDER Signed by the Honorable Martha M. Pacold on 2/5/2025: 翻译 |
| 14 |
02/05/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for expedited discovery, 11, is granted in part and denied in part. Enter Order. 翻译 |
| 13 |
01/31/2025
|
MOTION by Plaintiff Lucky Wang for discovery expedited 翻译 |
| 12 |
01/31/2025
|
AMENDED complaint by Lucky Wang against Whimsy Gifts and terminating The Partnerships and Unincorporated Associations Identified on Schedule A 翻译 |
| 11 |
01/16/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, 4, is denied. 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 id. "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. Plaintiff's motion for leave to file under seal, 4 is therefore denied. Plaintiff's sealed exhibits, 2, 3, are stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. 翻译 |
| 10 |
12/20/2024
|
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 12/20/2024: Mailed notice. 翻译 |
| 9 |
11/22/2024
|
MAILED patent report to Patent Trademark Office, Alexandria VA 翻译 |
| 8 |
11/21/2024
|
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 |
| 7 |
11/21/2024
|
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). 翻译 |
| 6 |
11/21/2024
|
ATTORNEY Appearance for Plaintiff Lucky Wang by Faye Yifei Deng (Deng, Faye Yifei) 翻译 |
| 5 |
11/21/2024
|
CIVIL Cover Sheet (Deng, Faye Yifei) 翻译 |
| 4 |
11/21/2024
|
MOTION by Plaintiff Lucky Wang for Leave to File Under Seal (Deng, Faye Yifei) 翻译 |
| 3 |
11/21/2024
|
SEALED DOCUMENT by Plaintiff Lucky Wang Exhibit 1 regarding Complaint1 (Deng, Faye Yifei) 翻译 |
| 2 |
11/21/2024
|
SEALED DOCUMENT by Plaintiff Lucky Wang Schedule A regarding complaint1 (Deng, Faye Yifei) 翻译 |
| 1 |
11/21/2024
|
COMPLAINT filed by Lucky Wang; jury demand. Filing fee $ 405, receipt number AILNDC-22755376. 翻译 |