2024-cv-12867 +组团 近期案件➥ 订阅
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| # | Date | Description |
| 50 |
07/07/2025
|
NOTICE of Voluntary Dismissal by Honeyera LLC of Doe 1 翻译 |
| 49 |
07/03/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Per Plaintiff's status report [46] the telephone status hearing set for 7/17/2025 is stricken. By 7/24/2025, Plaintiff shall file a status report with an update on the case. Mailed notice 翻译 |
| 48 |
07/03/2025
|
STATUS Report by Honeyera LLC 翻译 |
| 47 |
06/09/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Per Plaintiff's status report [44] the telephone status hearing set for 6/17/2025 is stricken and reset to 7/17/2025. By 7/10/2025, Plaintiff shall file a status report with an update on the case. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice 翻译 |
| 46 |
06/07/2025
|
STATUS Report by Honeyera LLC 翻译 |
| 45 |
05/12/2025
|
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 5/12/2025. Mailed notice 翻译 |
| 44 |
05/12/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 37 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant 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 39 41 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 the defendant listed on Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 5/13/2025 is stricken. Summons was issued on 5/1/2025, and Defendant's response to the complaint are due by 5/26/2025. Plaintiff should file any motion for entry of default and default judgment by 6/10/2025. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 6/17/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice 翻译 |
| 43 |
05/06/2025
|
CERTIFICATE of Service by Plaintiff Honeyera LLC regarding set/reset hearings, [40] 翻译 |
| 42 |
05/06/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [37] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if defendant does not appear and object by 5/9/2025." If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 5/9/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. Tentative preliminary injunction hearing is set for 5/13/2025 at 9:15 a.m. Mailed notice 翻译 |
| 41 |
05/05/2025
|
CERTIFICATE of Service by Plaintiff Honeyera LLC regarding complaint[1], summons issued (court participant)[34], sealed document[2], MOTION by Plaintiff Honeyera LLC for preliminary injunction [37], SEALED Order, temporary restraining order[28] 翻译 |
| 40 |
05/05/2025
|
MEMORANDUM by Honeyera LLC in support of motion for preliminary injunction[37] 翻译 |
| 39 |
05/05/2025
|
MOTION by Plaintiff Honeyera LLC for preliminary injunction 翻译 |
| 38 |
05/05/2025
|
CERTIFICATE of Service by Defendant Partnerships and Unincorporated Associations Identified on Schedule A regarding complaint[1], summons issued (court participant)[34], sealed document[2], SEALED Order, temporary restraining order[28], SUMMONS Returned Executed by Honeyera LLC as to Partnerships and Unincorporated Associations Identified on Schedule A on 5/5/2025, answer due 5/26/2025. 翻译 |
| 37 |
05/01/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 5/6/2025 is stricken. Mailed notice 翻译 |
| 36 |
05/01/2025
|
SUMMONS Issued (Court Participant) as to Defendant Lilly's Love and all other Defendants identified in the Complaint 翻译 |
| 35 |
05/01/2025
|
SUMMONS Submitted (Court Participant) for defendant(s) Lilly's Love and all other Defendants identified in the Complaint by Plaintiff Honeyera LLC 翻译 |
| 34 |
04/22/2025
|
INJUNCTION BOND in the amount of $1,000 posted by Honeyera LLC. 翻译 |
| 33 |
04/18/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [30] is granted. For the reasons stated in Plaintiff's Motion, the Court finds good cause to extend the temporary restraining order an additional 14 days to 5/6/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 4/29/2025. Telephone status hearing is set for 5/6/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice 翻译 |
| 32 |
04/18/2025
|
MOTION by Plaintiff Honeyera LLC for extension of time of TRO 翻译 |
| 31 |
04/18/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Telephone status hearing set for 4/22/2025 is stricken. Mailed notice 翻译 |
| 30 |
04/08/2025
|
SEALED TEMPORARY Restraining Order. Signed by the Honorable Sunil R. Harjani on 4/8/2025. Mailed notice. 翻译 |
| 29 |
04/08/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to temporarily seal documents 24, ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery and service of process by email 21, and motion to exceed page limitation 25 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 defendant could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall 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, was defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. Further, 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 products, and there is no countervailing harm to defendant from an order directing them to stop infringement. 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 2:55 p.m. on 4/8/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 4/15/2025. Telephone status hearing is set for 4/22/2025 at 9:15 a.m. Mailed notice. 翻译 |
| 28 |
04/04/2025
|
STATUS Report by Honeyera LLC 翻译 |
| 27 |
04/04/2025
|
MOTION by Plaintiff Honeyera LLC for leave to file excess pages 翻译 |
| 26 |
04/04/2025
|
MOTION by Plaintiff Honeyera LLC to seal document sealed document 23 翻译 |
| 25 |
04/04/2025
|
SEALED DOCUMENT by Plaintiff Honeyera LLC Exhibit 2 to Delcaration of David Gulbransen 翻译 |
| 24 |
04/04/2025
|
MEMORANDUM by Honeyera LLC in support of motion for temporary restraining order 21 翻译 |
| 23 |
04/04/2025
|
MOTION by Plaintiff Honeyera LLC for temporary restraining order 翻译 |
| 22 |
03/31/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: By 4/4/2025, Plaintiff shall file a status report with an update on the case. Mailed notice 翻译 |
| 21 |
03/18/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff did not file an amended complaint with one defendant due by 3/12/2025. See Doc. 18. Accordingly, the Court exercises its discretion to dismiss Defendant Nos. 2-70 without prejudice to cure the misjoinder. UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018); H-D U.S.A. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 780486 at *2 ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). Mailed notice. 翻译 |
| 20 |
03/05/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 16 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 70 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship and coordinated actions among all defendants but not much, if any, facts to actually support that relationship. Beyond alleging that the 70 defendants are infringing upon plaintiff's design patent, plaintiff claims generally that joinder is proper because, inter alia, defendants "are selling the same counterfeit goods, from the same source, utilizing the same images, descriptions, logistics, all within the same geographic region." Doc. 16 at 11 (citing Gulbransen Supp. Decl. ¶ ¶ 4-8). As support, plaintiff attaches an exhibit showing the listing of the counterfeit plaintiff's goods offered wholesale on the 1688.com site, which is wholly owned by Alibaba and is a Chinese domestic wholesale website. Doc. 16-1 ¶ 4; Doc. 16-2. From this wholesale listing, plaintiff concludes that it "has linked the counterfeit products to the Chinese wholesale website, 1688.com, and specifically to one manufacturer," which "appears to be the common source of all Defendants' counterfeit goods in China." Doc. 16-1 at 9. As a factual matter, plaintiff's conclusion does not follow from the 1688.com counterfeit wholesale listing. It may be that defendants purchase the counterfeit goods from a source other than 1688.com. And even if the counterfeit products are originating "from the same manufacturer in the same market in the same location in China," as plaintiff alleges, this reveals little about a relationship between all 70 defendants. Id; Viking Arm AS v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024) (the fact that "defendants likely use the same manufacturer to procure certain parts. [is a] coincidentally identical fact[] that reflect[s] the way these internet webstores tend to operate, not that all defendants are part of a network of infringers.") (internal quotes and citation omitted). Next, plaintiff claims "many of the listings show the same images or text in the listing, as well as other common characteristics, across listings and for different sellers, which suggests they are coordinating aspects of the product marketing." Doc. 16-1, ¶ 7. But plaintiff provides no specific examples of such shared images or text or "other common characteristics" across listings and instead the record contains Exhibit 2 to the Declaration of Liv Mezbizer (which includes 244 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Docs. 8, 8-1. It is not this Court's job to sift through hundreds of pages of materials to look for a relationship between the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The P'ships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joining all 70 defendants in this single lawsuit is proper here. See Viking Arm AS, 2024 WL 2953105, at *3 (finding misjoinder in case with 181 defendants); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021) (same for 216 defendants); H-D U.S.A. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 2021 WL 780486, at *3 (N.D. Ill. Mar. 1, 2021) (same for 198 defendants). Accordingly, plaintiff's motion for temporary restraining order 6 and motion to exceed page limitation 9 are denied without prejudice. Plaintiff's motions for leave to temporarily seal documents [5, 10] are granted. Plaintiff is granted leave to file an amended complaint with one defendant by 3/12/2025. H-D U.S.A., 2021 WL 780486, at *2 ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). Mailed notice 翻译 |
| 19 |
01/26/2025
|
STATUS Report by Honeyera LLC 翻译 |
| 18 |
01/23/2025
|
Supplemental Memorandum in Support of Joinder by Honeyera LLC 翻译 |
| 17 |
01/23/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff did not file the supplemental joinder memorandum due by 1/22/2025. See Doc. 14. By 1/27/2025, plaintiff shall file a status report with an update on the case. Mailed notice 翻译 |
| 16 |
01/10/2025
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for extension of time to file supplemental joinder memorandum 13 is granted. By 1/22/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. 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. Mailed notice 翻译 |
| 15 |
01/09/2025
|
MOTION by Plaintiff Honeyera LLC for extension of time to file Memorandum in Support of Joinder 翻译 |
| 14 |
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 |
| 13 |
12/26/2024
|
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 5, plaintiff's motion for temporary restraining order 6, plaintiff's motion to exceed page limitation 9 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 70 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 1/8/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. 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. Emailed notice 翻译 |
| 12 |
12/23/2024
|
MOTION by Plaintiff Honeyera LLC to seal document sealed document 8, sealed document 2 翻译 |
| 11 |
12/23/2024
|
MOTION by Plaintiff Honeyera LLC for leave to file excess pages 翻译 |
| 10 |
12/23/2024
|
SEALED DOCUMENT by Plaintiff Honeyera LLC Exhibit 2 to Declaration of Plaintiff 翻译 |
| 9 |
12/23/2024
|
MEMORANDUM by Honeyera LLC in support of motion for temporary restraining order 6 翻译 |
| 8 |
12/23/2024
|
MOTION by Plaintiff Honeyera LLC for temporary restraining order 翻译 |
| 7 |
12/16/2024
|
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 |
| 6 |
12/16/2024
|
CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 1). 翻译 |
| 5 |
12/16/2024
|
MOTION by Plaintiff Honeyera LLC to seal document sealed document 2 翻译 |
| 4 |
12/16/2024
|
ATTORNEY Appearance for Plaintiff Honeyera LLC by David Lee Gulbransen, Jr 翻译 |
| 3 |
12/16/2024
|
CIVIL Cover Sheet 翻译 |
| 2 |
12/16/2024
|
SEALED DOCUMENT by Plaintiff Honeyera LLC Schedule A to Complaint 翻译 |
| 1 |
12/16/2024
|
COMPLAINT filed by Honeyera LLC; Filing fee $ 405, receipt number AILNDC-22846094. 翻译 |