2024-cv-12815 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 45 |
08/20/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's Motion for Leave to File Amended Schedule A, [42], is denied as moot. 翻译 |
| 44 |
08/20/2025
|
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's Memorandum, [32], Declaration, [36], and Exhibit, [37]; [38]; [39]; filed in response to the court's show cause order regarding joinder, [28]. Having considered these documents and plaintiff's other filings in this case, the court finds that, although this case presents a closer question than many Schedule A cases, joinder of the defendants identified in plaintiff's amended Schedule A, [31-2], remains improper. Rule 20 allows a plaintiff to join multiple defendants in an action where (1) "any right to relief is asserted against [the defendants] jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences" and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2). Here, plaintiff's arguments in support of joinder are unpersuasive for largely the same the reasons stated in Hong Kong Leyuzhen Tech. Co. v. Schedule A, No. 25-cv-4947, Dkt. 21 (N.D. Ill. June 3, 2025) and CAO Grp., Inc. v. Schedule A, No. 25-cv-4054, Dkt. 21 (N.D. Ill. May 16, 2025). Although plaintiff goes into detail about many additional ways in which defendants' alleged conduct is identical, plaintiff has nevertheless established only "distinct, albeit coincidentally identical, facts," which are not sufficient to establish joinder. Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 334 F.R.D. 182, 185 (N.D. Ill. 2020) (quoting In re EMC Corp., 677 F.3d 1351, 1359 (Fed. Cir. 2012)). Accordingly, the court concludes that joinder is not proper. To cure this deficiency, plaintiff is ordered to file by 9/5/2025 an amended complaint narrowing the claims down to a subset of defendants that are properly joined. If plaintiff does not file an amended complaint or the court finds that joinder of the defendants named in plaintiff's amended complaint is improper, the court will dismiss all improperly joined defendants without prejudice. 翻译 |
| 43 |
08/18/2025
|
MOTION by Plaintiff Bell Sports, Inc. Motion for Leave to File Amended Schedule A 翻译 |
| 42 |
08/04/2025
|
ATTORNEY Appearance for Defendant www.ouku.com by Adam Edward Urbanczyk 翻译 |
| 41 |
07/25/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for an extension of time, 35, is granted. 翻译 |
| 40 |
07/09/2025
|
EXHIBIT by Plaintiff Bell Sports, Inc. Exhibit 2 Part 3 of Bondy Declaration regarding declaration 36 翻译 |
| 39 |
07/09/2025
|
EXHIBIT by Plaintiff Bell Sports, Inc. Exhibit 2 Part 2 of Bondy Declaration regarding declaration 36 翻译 |
| 38 |
07/09/2025
|
EXHIBIT by Plaintiff Bell Sports, Inc. Exhibit 2 Part 1 of Bondy Declaration regarding declaration 36 翻译 |
| 37 |
07/09/2025
|
DECLARATION of Tina M. Bondy 翻译 |
| 36 |
07/09/2025
|
MOTION by Plaintiff Bell Sports, Inc. for extension of time Plaintiff's Motion for an Extension of Time 翻译 |
| 35 |
06/23/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for an extension of time, which the court construes as a motion to stay a decision on whether plaintiff has satisfied this court's show cause order, 33, is granted. Plaintiff is given until 6/27/2025 to file a revised memorandum in support of joinder. 翻译 |
| 34 |
06/11/2025
|
MOTION by Plaintiff Bell Sports, Inc. for extension of time Plaintiff's Motion for an Extension of Time 翻译 |
| 33 |
06/11/2025
|
MEMORANDUM by Bell Sports, Inc. Plaintiff's Memorandum in Support of Joinder 翻译 |
| 32 |
06/11/2025
|
AMENDED complaint by Bell Sports, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译 |
| 31 |
06/05/2025
|
MINUTE entry before the Honorable Martha M. Pacold: In its response, plaintiff "requests leave to file an amended complaint by June 11, 2025, with a smaller subset of defendants along with a memorandum explaining why that smaller subset is properly joined." 29 at 3. The court therefore construes plaintiff's response as a motion for leave to file an amended complaint. The motion is granted. An amended complaint and an accompanying memorandum on the improper joinder issue are due by 6/11/2025. 翻译 |
| 30 |
06/04/2025
|
RESPONSE by Plaintiff Bell Sports, Inc. Memorandum in Response to Order of May 21, 2025 [Dkt. No. 28] 翻译 |
| 29 |
05/21/2025
|
MINUTE entry before the Honorable Martha M. Pacold: By 6/4/2025, plaintiff is ordered to show cause why this case should not be dismissed or severed for improper joinder. Plaintiff is advised of the following: First, "[o]n motion or on its own, the court may at any time, on just terms, add or drop a party." Fed. R. Civ. P. 21(a). Second, sua sponte review of the propriety of joinder in Schedule A cases is a regular practice of courts in this district because plaintiffs "routinely file these multi-defendant cases. using cookie-cutter complaints that allege in a conclusory manner that 'on information and belief' each infringing defendant is inter-connected with the others." Viking Arm AS v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 24-cv-1566, 2024 WL 2953105, at *1 (N.D. Ill. June 6, 2024). Third, "[c]ourts generally find that claims against different defendants arose out of the same transaction or occurrence only if there is a logical relationship between the separate causes of action." Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 334 F.R.D. 182, 185 (N.D. Ill. 2020) (citations and internal quotation marks omitted). Fourth, courts have held that "to be part of the same transaction requires shared, overlapping facts that give rise to each cause of action, and not just distinct, albeit coincidentally identical, facts." Id. (quoting In re EMC Corp., 677 F.3d 1351, 1359 (Fed. Cir. 2012)). Fifth, courts have held that the allegation that multiple defendants have infringed on the same copyright or trademark in the same way "does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." Roadget Bus. Pte. Ltd. v. Schedule A Defs., No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Finally, courts have held that the allegation that defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale," is not sufficient to establish joinder. Ilustrata Servicos Design, Ltda. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-05993, 2021 WL 5396690, at *2 (N.D. Ill. Nov. 18, 2021); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-06197, 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021). In the alternative, plaintiff may discharge the order by filing an amended complaint with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. 翻译 |
| 28 |
05/19/2025
|
Amended Schedule A by Bell Sports, Inc. 翻译 |
| 27 |
05/12/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A, 25, is granted. By 5/19/2025, plaintiff should file an amended Schedule A to the complaint. 翻译 |
| 26 |
05/07/2025
|
MOTION by Plaintiff Bell Sports, Inc. for leave to file Plaintiff's Motion for Leave to File an Amended Schedule A 翻译 |
| 25 |
05/01/2025
|
SUMMONS Returned Executed by Bell Sports, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/29/2025, answer due 5/20/2025. 翻译 |
| 24 |
04/29/2025
|
STATUS Report by Bell Sports, Inc. 翻译 |
| 23 |
04/15/2025
|
MINUTE entry before the Honorable Martha M. Pacold: By 4/29/2025, plaintiff should file a status report updating the court on the status of the case. 翻译 |
| 22 |
03/28/2025
|
SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 翻译 |
| 21 |
03/28/2025
|
ORDER Signed by the Honorable Martha M. Pacold on 3/28/2025: 翻译 |
| 20 |
03/28/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for expedited discovery, 16, is granted in part and denied in part. Enter Order. 翻译 |
| 19 |
03/28/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, 15, 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 |
| 18 |
03/26/2025
|
MOTION by Plaintiff Bell Sports, Inc. to expedite Plaintiff's Motion for Expedited Discovery 翻译 |
| 17 |
03/26/2025
|
MOTION by Plaintiff Bell Sports, Inc. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 翻译 |
| 16 |
02/03/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to unseal Dkt. No. 8, 13, is granted. The Clerk of Court is directed to unseal 8. 翻译 |
| 15 |
01/31/2025
|
MOTION by Plaintiff Bell Sports, Inc. Plaintiff's Motion to Direct the Clerk of the Court to Unseal Docket No. 8 翻译 |
| 14 |
01/17/2025
|
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, 7, 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. 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, 7 is therefore denied. Plaintiff's sealed exhibit, 8, is stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. 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 |
12/16/2024
|
MAILED Trademark report to Patent Trademark Office, Alexandria VA. 翻译 |
| 11 |
12/13/2024
|
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 |
| 10 |
12/13/2024
|
CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). 翻译 |
| 9 |
12/13/2024
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bell Sports, Inc. 翻译 |
| 8 |
12/13/2024
|
SEALED DOCUMENT by Plaintiff Bell Sports, Inc. Sealed Schedule A 翻译 |
| 7 |
12/13/2024
|
MOTION by Plaintiff Bell Sports, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal 翻译 |
| 6 |
12/13/2024
|
ATTORNEY Appearance for Plaintiff Bell Sports, Inc. by John Wilson 翻译 |
| 5 |
12/13/2024
|
ATTORNEY Appearance for Plaintiff Bell Sports, Inc. by Robert Payton Mcmurray 翻译 |
| 4 |
12/13/2024
|
ATTORNEY Appearance for Plaintiff Bell Sports, Inc. by William Benjamin Kalbac 翻译 |
| 3 |
12/13/2024
|
ATTORNEY Appearance for Plaintiff Bell Sports, Inc. by Michael A. Hierl 翻译 |
| 2 |
12/13/2024
|
CIVIL Cover Sheet 翻译 |
| 1 |
12/13/2024
|
COMPLAINT filed by Bell Sports, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22838616. 翻译 |