2024-cv-12074 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 68 |
08/20/2025
|
SATISFACTION OF JUDGMENT AS TO DEF. (No. 129) vilei by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 67 |
08/05/2025
|
JOINT STIPULATION OF DISMISSAL by Yiwu Baimei Electronic Commerce Co., Ltd. and Defendant (No. 12) Elana jewelry box 翻译 |
| 66 |
07/29/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and Defendant Elana Jewelry Box have reached a settlement. The motion for reconsideration is denied as moot [185]. Since Plaintiff and the last remaining Defendant Elana Jewelry Box have reached a resolution, the case is dismissed as to this Defendant without prejudice. The dismissal will automatically convert to a dismissal with prejudice on September 12, 2025 unless any party files a motion to reinstate by that date. The parties are free to file a stipulation of dismissal with prejudice earlier if they wish. Civil case terminated. Mailed notice. 翻译 |
| 65 |
07/28/2025
|
SATISFACTION OF JUDGMENT AS TO DEF. (127) TICOGIRL by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 64 |
07/28/2025
|
PLAINTIFFS NOTICE OF SETTLEMENT WITH DEFENDANT Elana Jewelry Box (Def. No. 12) AND MOOTED MOTION [D.E. 185, 186] by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 63 |
07/23/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a motion to reconsider the court's order vacating the preliminary injunction as to Defendant Elana Jewelry Box. In addition to arguments concerning the court's misapprehension of the burden, Plaintiff also argues that Defendant Elana Jewelry Box failure to timely respond to requests to admit deems certain facts admitted pursuant to Fed. R. Civ. P. 36, such that the preliminary injunction should be reinstated. The court does not believe that 21 days is needed for a response to the questions raised. Defendant's response is due by August 5, 2025 and any reply is due by August 19, 2025. Mailed notice. 翻译 |
| 62 |
07/22/2025
|
MEMORANDUM by Yiwu Baimei Electronic Commerce Co., Ltd. in support of motion for reconsideration, [185] of Orders (D.E. 173, 174) vacating the preliminary injunction (D.E. 152) as against Defendant (No. 12) Elana Jewelry Box 翻译 |
| 61 |
07/22/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for reconsideration regarding order[174], order on motion to vacate, text entry, [173] granting Defendant (No. 12) Elana Jewelry Box's Motion to Vacate the preliminary injunction [D.E. 152] 翻译 |
| 60 |
07/22/2025
|
DECLARATION of Sandra Cristina Perez IN SUPPORT OF PLAINTIFFS MOTION FOR RECONSIDERATION 翻译 |
| 59 |
07/22/2025
|
Plaintiff/Counter Defendant Yiwu Baimei Electronic Commerce Co. ANSWER to counterclaim to Defendant/Counter Plaintiff Elana Jewelry Box (D.E. 159) by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 58 |
07/15/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to dismiss Defendant Elana Jewelry Box's amended counterclaim [166] is denied. Defendant's amended answer raises a counterclaim seeking a declaratory judgment of invalidity and unenforceability of copyright. [Dkt. 159.] Focusing on the substantive argument in favor of dismissal, Plaintiff argues that Defendant's pleading relies on inadmissible facts to support its allegations and improper inferences to question the legitimacy of Plaintiff's business and copyright registrations under 17 USC §411(b). At the pleading stage, however, all that is required to survive a motion to dismiss directed to a counterclaim for declaratory judgment seeking a declaration that a copyright is invalid are sufficient factual allegations that allow the court to draw the reasonable inference that the plaintiff's copyright is invalid. King-Devick Test Inc. v. NYU Langone Hosps., 2019 WL 78986, at *3 (S.D.N.Y. Jan. 2, 2019). Taking Defendant's allegations as true and construing them in the light most favorable to Defendant, its factual allegations allow for the reasonable inference that Plaintiff's copyright is invalid because Google image search results indicate that the work is an unauthorized reproduction of the designs of a Japanese company Mixnuts Co Green Piercing, which is a series of Halloween-themed earrings that contain designs nearly identical to Plaintiff's copyrighted work from 2019. Dismissal is not warranted. The motion to dismiss three of the affirmative defenses [167] is granted in part and denied in part. The request to strike the scenes-a-faire affirmative defense is granted. Defendant alleges that Plaintiff's works "contain standard elements for Halloween decorations and accessories," and that it cannot claim copyright protection over generic and basic elements. This perfunctory statement is nothing more than bare bones conclusory allegation that does 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). This affirmative defense is stricken. The unclean hands affirmative defense and the failure to mitigate defense both may stand. While not listed in Rule 8(c)(1), unclean hands is a commonly pleaded affirmative defense. Hay Grp., Inc. v. Bassick, 571 F. Supp. 2d 845, 850 (N.D. Ill. 2008). Here, Defendant expressly references the allegations in its counterclaim concerning Mixnuts as the basis for claiming that Plaintiff's work was an unauthorized derivative work, rendering it an unenforceable copyright. Finally, 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). These two affirmative defenses may stand. Plaintiff's answer to Defendant's counterclaim is due by July 22, 2025. Mailed notice. 翻译 |
| 57 |
07/11/2025
|
REPLY by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to response in opposition to motion, [172] (Defendant (No. 12) Elana Jewelry Box's opposition) to Plaintiff's Motion to Dismiss [D.E. 166] Defendant (No. 12) Elana Jewelry Box's Counterclaim [D.E. 159] 翻译 |
| 56 |
07/11/2025
|
REPLY by Yiwu Baimei Electronic Commerce Co., Ltd. to response in opposition to motion, [172] 翻译 |
| 55 |
07/09/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (No. 71) DUOSHENG 翻译 |
| 54 |
07/03/2025
|
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 76) JING LUO by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 53 |
06/27/2025
|
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 95) CoCo DIY and (No. 119) Onege Resin by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 52 |
06/26/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time [175] is granted. Plaintiff's reply is now due by July 11, 2025. Mailed notice. 翻译 |
| 51 |
06/26/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply TO DEFENDANT (No. 12) Elana Jewelry Boxs OPPOSITION [D.E. 172] TO PLAINTIFFS MOTION [D.E. 167] TO STRIKE DEFENDANTS AMENDED AFFIRMATIVE DEFENSES AND PLAINTIFFS MOTION [D.E. 166] TO DISMISS DEFENDANTS COUNTERCLAIM [UNOPPOSED] 翻译 |
| 50 |
06/24/2025
|
ORDER written by the Honorable Lindsay C. Jenkins on 6/24/2025. Mailed notice. 翻译 |
| 49 |
06/24/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Elana jewelry box's motion to vacate the preliminary injunction [160] as to this Defendant is granted. See the attached order for further details. The preliminary injunction order as to Defendant Elana jewelry box only is vacated. Mailed notice. 翻译 |
| 48 |
06/20/2025
|
RESPONSE by Elana jewelry boxin Opposition to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to dismiss Counterclaim (D.E. 159) [166], MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to strike amended affirmative defenses (D.E. 159) [167] 翻译 |
| 47 |
06/20/2025
|
REPLY by Elana jewelry box to response in opposition to motion, [169] 翻译 |
| 46 |
06/19/2025
|
Satisfaction of Judgment AS TO DEFENDANTS (No. 114) Miao Qi Jewelry, (No. 123) saipujewelry, (No. 128) tsuki, (No. 131) yiwumiaoqidianzishangwu by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 45 |
06/13/2025
|
RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd.in Opposition to MOTION by Defendant Elana jewelry box to vacate preliminary injunction[152] [160] 翻译 |
| 44 |
06/12/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Elana jewelry box's response to the motion to dismiss its counterclaim and the motion to strike its affirmative defenses is due by June 20, 2025. Any reply is due by June 27, 2025. Mailed notice. 翻译 |
| 43 |
06/11/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to strike amended affirmative defenses (D.E. 159) 翻译 |
| 42 |
06/11/2025
|
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to dismiss Counterclaim (D.E. 159) 翻译 |
| 41 |
06/06/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant No. 71 DUOSHENG's motion to vacate [155] is granted. The parties agree that this court lacks personal jurisdiction over Defendant DUOSHENG, so the default judgment entered as to this Defendant on February 20, 2025 is vacated. The Seventh Circuit has explained that "when federal courts find that they lack jurisdiction, they bear an independent obligation under [28 USC] § 1631 to consider whether to transfer the case." North v. Ubiquity, Inc., 72 F.4th 221, 228 (7th Cir. 2023); see 28 U.S.C. § 1631 ("Whenever a civil action is filed in a court. and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court. in which the action or appeal could have been brought at the time it was filed[.]"). This obligation is "quite limited," however, and requires consideration of whether transfer of the case is "in the interest of justice." North, 72 F.4th at 228. Here, Plaintiff has come forward with evidence from the platform Shein that Defendant sold units to consumers in Florida and Georgia, and therefore requests that the court transfer the action as to this Defendant to the Northern District of Florida. It argues that the interests of justice are best served by a transfer because it will obviate the need to serve Defendant a second time, it will preserve the "status quo," and there is no harm or prejudice to Defendant because Florida is where the case could have been filed from the start. But where there is no bar to refiling, the court need not transfer the case. Id. ("If a plaintiff may, on its own, refile its case in a proper forum, the interests of justice do not demand transfer." (quoting Danziger v. De Llano, 948 F.3d 124, 133 (3d Cir. 2020))). In this case, the plaintiff does not contend that the statute of limitations or any other procedural obstacle stands as a bar to refiling. The court thus does not find that the interests of justice require transfer under § 1631. The Court therefore dismisses the claims against DUOSHENG without prejudice to the Plaintiff pursuing the relief it seeks in an appropriate forum. Mailed notice. 翻译 |
| 40 |
06/05/2025
|
REPLY by DUOSHENG to response to motion[161] 翻译 |
| 39 |
06/03/2025
|
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 48) Szecl by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 38 |
06/02/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to vacate is due by June 13, 2025; any reply is due by June 20, 2025. Mailed notice. 翻译 |
| 37 |
06/02/2025
|
RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd. to MOTION by Defendant DUOSHENG to vacate entered judgment[90] [155] 翻译 |
| 36 |
05/30/2025
|
MOTION by Defendant Elana jewelry box to vacate preliminary injunction[152] 翻译 |
| 35 |
05/21/2025
|
AMENDED ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Elana jewelry box against Yiwu Baimei Electronic Commerce Co., Ltd. by Elana jewelry box 翻译 |
| 34 |
05/20/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to set a briefing schedule [156] is denied as moot. The briefing schedule set by docket entry [157] stands. Mailed notice. 翻译 |
| 33 |
05/19/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to vacate as to defendant Duosheng is due by June 2, 2025 and any reply is due by June 9, 2025. Mailed notice. 翻译 |
| 32 |
05/19/2025
|
MOTION by Defendant DUOSHENG to set a briefing schedule Unopposed 翻译 |
| 31 |
05/17/2025
|
MOTION by Defendant DUOSHENG to vacate entered judgment[90] 翻译 |
| 30 |
05/16/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: In light of the voluntary dismissal as to Defendant dequashun (Def No. 70), the motion to vacate [140] is denied as moot. Mailed notice. 翻译 |
| 29 |
05/16/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. as to dequashun (Def No. 70) and NOTICE OF MOOTED MOTION [DE 140] 翻译 |
| 28 |
05/15/2025
|
PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/15/2025. Mailed notice. 翻译 |
| 27 |
05/15/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for a preliminary injunction [22] is granted only as to the defendants identified in this order. Mailed notice. 翻译 |
| 26 |
05/13/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (NO. 83) SEVENWELL DIY Official 翻译 |
| 25 |
05/13/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time [148] is granted. Plaintiff's response to the motion to vacate is now due by May 19, 2025; any reply is now due by May 27, 2025. Mailed notice. 翻译 |
| 24 |
05/12/2025
|
MOTION by Counter Defendant Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply as to order on motion to set a briefing schedule, order on motion to enforce, add and terminate parties, set motion and R&R deadlines/hearings, [145] as to DEFENDANT DEQUANSHUNS MOTION TO VACATE DEFAULT JUDGMENT (D.E. 140) 翻译 |
| 23 |
05/08/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The court sets the following fact discovery schedule by agreement: Rule 26(a)(1) disclosures are due by June 2, 205. Written discovery may issue by June 12, 2025; all fact discovery shall be noticed in time for completion by December 2, 2025. A joint status report that updates the court on the progress of fact discovery is due by August 25, 2025. Mailed notice. 翻译 |
| 22 |
05/07/2025
|
AGREED PROPOSED FACT DISCOVERY SCHEDULE by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 21 |
05/02/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: As to Defendant dequanshun, the motion to set a briefing schedule [141] is granted. Plaintiff's response to the motion vacate is due by May 12, 2025; any reply is due by May 19, 2025. Plaintiff has filed a notice of voluntary dismissal as to Defendant 80, QD YING FAN. The filing represents that this dismissal has resolved the parties' settlement dispute and mooted the motion to enforce. The Court presumes this filing reflects the parties' conferral on the issue and so the motion to enforcement [142] is denied as moot. Mailed notice. 翻译 |
| 20 |
05/02/2025
|
ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Elana jewelry box against Yiwu Baimei Electronic Commerce Co., Ltd. by Elana jewelry box 翻译 |
| 19 |
05/01/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 80) QD YING FAN AND NOTICE OF MOOTED MOTION [D.E. 142] 翻译 |
| 18 |
05/01/2025
|
MOTION by Defendant QD YING FAN to enforce MOTION by Defendant QD YING FAN to enforce settlement agreement 翻译 |
| 17 |
05/01/2025
|
MOTION by Defendant dequanshun to set a briefing schedule 翻译 |
| 16 |
05/01/2025
|
MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by dequanshun 翻译 |
| 15 |
04/28/2025
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DUOSHENG 翻译 |
| 14 |
04/28/2025
|
ATTORNEY Appearance for Defendant DUOSHENG by Qin Zhuang 翻译 |
| 13 |
04/23/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff reports that one Defendant, No. 83 SEVENWELL DIY Official, remains. Any motion for default judgment is now due by May 15, 2025. Mailed notice. 翻译 |
| 12 |
04/22/2025
|
STATUS Report by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 11 |
04/22/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion by Defendant Elana jewelry box to vacate [114] is granted. FRCP 60(b)(1) allows the Court to relieve a party from final judgment for mistake, inadvertence, surprise, or excusable neglect; FRCP 55(c) permits the Court to set aside an entry of default for good cause. Here, Defendant Elana has explained that it relied on a Chinese consulting company to resolve the TRO, and believed that the matter had been resolved until a partial default judgment was entered on February 20, 2025. Elana took quick action to correct the matter, including by hiring US counsel and filing a motion to vacate in early April 2025. Based on the information described in the motion, it appears that Elana could have a meritorious defense: innocent infringement and possible vacatur of the statutory damages awarded as compared to the substantially smaller revenue generated from the infringing sales. A meritorious defense need not, beyond a doubt, succeed in defeating a default judgment, it need only at least raise a serious question regarding the propriety of a default judgment and be supported by a developed legal and factual basis, the motion is granted. See Wehrs v. Wells, 688 F.3d 886, 890 (7th Cir. 2012). Defendant Elana's answer to the complaint is due by May 2, 2025, and by May 7, 2025, the parties are to jointly propose a fact discovery schedule. Mailed notice. 翻译 |
| 10 |
04/21/2025
|
REPLY by Elana jewelry box to response in opposition to motion, [124] 翻译 |
| 9 |
04/21/2025
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by dequanshun 翻译 |
| 8 |
04/21/2025
|
ATTORNEY Appearance for Defendant dequanshun by Qin Zhuang 翻译 |
| 7 |
04/17/2025
|
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 134) bahuidianzishangwu 翻译 |
| 6 |
04/17/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: In light of the notice of settlement [128], the motions to vacate [105] [108] are denied as moot. Mailed notice. 翻译 |
| 5 |
04/17/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant bahuidianzishangwu's responsive pleading was due by March 12, 2025, but nothing was filed [88]. It does not appear that Plaintiff has voluntarily dismissed this Defendant from this action, so by April 22, 2025, Plaintiff shall file a status report as to next steps for this Defendant and any other pending Defendant in the case besides Elana jewelry box. Mailed notice. 翻译 |
| 4 |
04/17/2025
|
NOTICE OF SETTLEMENT AS TO DEFENDANT (No. 80) QD YING FANS AND NOTICE OF MOOTED MOTION [D.E. 108] by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 3 |
04/16/2025
|
STATUS Report PURSUANT TO MINUTE ORDER (DOC. 126) by Yiwu Baimei Electronic Commerce Co., Ltd. 翻译 |
| 2 |
04/15/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The docket entry at [125] is amended to correct a typographical error: The motion to vacate by Defendant QD YING FAN [105] [108] relates to this Defendant's single sale of one accused product in the United States. What is unknown is where within the United States the product shipped. Plaintiff represents that it has requested but not yet received documents from the seller platform regarding details of the sale and therefore cannot confirm the shipping address for the sale. Plaintiff has until April 17, 2025 to update the Court on additional information received for the intended shipping address for the sale. The filing should relay what information has been received; additional argument is not permitted. The Court encourages the parties to meaningfully confer if the records definitively show the place of shipment for the sale in question. Mailed notice. 翻译 |
| 1 |
04/14/2025
|
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to vacate by Defendant QD YING FAN [105] [108] relates to this Defendant's single sale of one accused product in the United States. What is unknown is where within the United States the product shipped. Plaintiff represents that it has requested but not yet received documents from the seller platform regarding details of the sale and therefore cannot confirm the shipping address for the sale. Plaintiff has until April 17, 2025 to update the Court on additional information received for the intended shipping address for the sale. The filing should relay what information has been received; additional argument is not permitted. The Court encourages the parties to meaningfully concur if the records definitively show the place of shipment for the sale in question. Mailed notice. 翻译 |