Case number 1:20-cv-06303
Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 30, 2021 | 92 | status report (3) Docket Text: STATUS Report by Emoji Company GmbH (Hierl, Michael) |
| Mar 25, 2021 | 91 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 25, 2021 | 90 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Counsel for Plaintiff has sent an email to the courtroom deputy concerning the status of Plaintiff's pending motions for a preliminary injunction as well as for entry of a default judgment. Plaintiff is directed to file, on or before 3/30/2021, a status report explaining whether any defendants who have appeared in this action remain defendants (many defendants have been dismissed), as well as whether the preliminary injunction motion is still live given the pending motion for default judgment. If any non-defaulted defendants remain in the case, Plaintiff must explain why, under FRCP 54(b), there is no just reason to delay entry of final judgment as to one or more, but fewer than all, claims or parties. Mailed notice (ef, ) |
| Mar 24, 2021 | 89 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 23, 2021 | 88 | notice of voluntary dismissal (3) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 19, 2021 | 87 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 18, 2021 | 86 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 17, 2021 | 85 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 15, 2021 | 84 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [81] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 3/22/2021. 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 forthwith. Mailed notice (ef, ) |
| Mar 12, 2021 | 83 | Exhibit Hierl Exhibit 1 (84) |
| Mar 12, 2021 | 83 | Main Document (3) Docket Text: DECLARATION of Michael A. Hierl regarding motion for default judgment[81] (Attachments: # (1) Exhibit Hierl Exhibit 1)(Hierl, Michael) |
| Mar 12, 2021 | 82 | Exhibit 2 (28) |
| Mar 12, 2021 | 82 | Exhibit 1 (117) |
| Mar 12, 2021 | 82 | Main Document (16) Docket Text: MEMORANDUM by Emoji Company GmbH in support of motion for default judgment[81] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Hierl, Michael) |
| Mar 12, 2021 | 81 | motion for default judgment (2) Docket Text: MOTION by Plaintiff Emoji Company GmbH for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A (Hierl, Michael) |
| Mar 12, 2021 | 80 | declaration (3) Docket Text: DECLARATION of William B. Kalbac Declaration of Service (Hierl, Michael) |
| Mar 12, 2021 | 79 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 10, 2021 | 78 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 5, 2021 | 77 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Mar 4, 2021 | 76 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 25, 2021 | 75 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 24, 2021 | 74 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 23, 2021 | 73 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 23, 2021 | 72 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 19, 2021 | 71 | response in opposition to motion (6) Docket Text: RESPONSE by DPBEST, ONELUCAin Opposition to MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction[24] (Ju, Tianyu) |
| Feb 16, 2021 | 70 | order on motion to dismiss/lack of jurisdiction (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff has voluntarily dismissed [65] Defendant Boshuo with prejudice. Accordingly, the motion to dismiss [36] of Defendant Boshuo is dismissed as moot. Also before the Court is Plaintiff's motion [24] for entry of a preliminary injunction. 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 2/19/2021. Mailed notice (ef, ) |
| Feb 15, 2021 | 69 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 12, 2021 | 68 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 9, 2021 | 67 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 5, 2021 | 66 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 2, 2021 | 65 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Emoji Company GmbH Plaintiff's Notice of Voluntary Dismissal (Hierl, Michael) |
| Feb 1, 2021 | 64 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants DPBEST, ONELUCA by Tianyu Ju (Ju, Tianyu) |
| Feb 1, 2021 | 63 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants ONELUCA, DPBEST by Tao Liu (Liu, Tao) |
| Dec 17, 2020 | 32 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants DERAYEE, DIYASY, DECORA by Tao Liu Liu, Tao (Liu, Tao) |
| Dec 16, 2020 | 31 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Boshuo by Tianyu Ju (Ju, Tianyu) (Main Document 31 replaced on 1/4/2022) (ey, ). |
| Dec 15, 2020 | 30 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Boshuo by He Cheng (Cheng, He) |
| Dec 15, 2020 | 29 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Boshuo by Tao Liu Liu, Tao (Liu, Tao) |
| Dec 15, 2020 | 28 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Emoji Company GmbH as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/15/2020, answer due 1/5/2021. (Hierl, Michael) |
| Dec 14, 2020 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (txl, ) |
| Dec 9, 2020 | 27 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [24] for entry of a preliminary injunction. Although the memorandum of law [25] Plaintiff has submitted in support of its current motion refers to the electronic service of process the Court authorized previously [18] [19], neither the memorandum nor the Declaration submitted by Plaintiff [26] establish that the authorized actions relating to service have in fact been taken. More pertinently, Plaintiff has not filed the proof of service required under Rule 4(l) of the Federal Rules of Civil Procedure. Without certification that Plaintiff has provided electronic notice to defendants of the pendency either of this action or the motion for a preliminary injunction, the Court is unwilling to grant further preliminary injunctive relief. Accordingly, the motion for entry of a preliminary injunction is entered and continued. If and when Plaintiff provides proof of service, as is commonly done in similar "Schedule A" counterfeiting cases before the filing of a motion seeking a preliminary injunction, the Court will act promptly on Plaintiff's pending motion. Mailed notice (ef, ) |
| Dec 4, 2020 | 26 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[24] (Hierl, Michael) |
| Dec 4, 2020 | 25 | memorandum in support of motion (6) Docket Text: MEMORANDUM by Emoji Company GmbH in support of motion for preliminary injunction[24] (Hierl, Michael) |
| Dec 4, 2020 | 24 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Emoji Company GmbH for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Nov 23, 2020 | 23 | order (30) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 11/23/2020. Mailed notice(ef, ) |
| Nov 23, 2020 | 22 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for an extension of the existing temporary restraining order [20] is granted. Enter order. Mailed notice (ef, ) |
| Nov 20, 2020 | 21 | text entry (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [20] for an extension of the existing temporary restraining order. Counsel for Plaintiff is again requested to submit (Cf. 20-cv-05306, Dkt. 24) a proposed order for the Court's consideration at proposed_order_kness@ilnd.uscourts.gov. Any proposed order should heed the requirement of FRCP 65(b)(2) that the reasons for any extension of a TRO be entered in the record. Mailed notice (ef, ) |
| Nov 18, 2020 | 20 | extension of time (3) Docket Text: MOTION by Plaintiff Emoji Company GmbH for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Nov 10, 2020 | 18 | order on motion to seal document (2) Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [5], motion for leave to exceed the page limitation on briefs [7], and ex parte motion for a temporary restraining order, electronic service of process, and other relief [8] 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. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [6] and [10] through [14]. In addition, for the purpose of these motions, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely 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. 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. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. A domain name transfer is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) |
| Oct 26, 2020 | 16 | Patent/Trademark report (12) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Oct 23, 2020 | 17 | assigning/reassigning Case (2) Docket Text: EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Kness for all further proceedings pursuant to IOP 13(f). Honorable Mary M. Rowland no longer assigned to the case. Signed by Executive Committee on 10/23/2020.(jh, ) |
| Oct 23, 2020 | 15 | other (17) Docket Text: Notice of Claims Involving Trademarks by Emoji Company GmbH (Hierl, Michael) |
| Oct 23, 2020 | 9 | Exhibit Hierl Exhibit 3 (33) |
| Oct 23, 2020 | 9 | Exhibit Hierl Exhibit 2 (20) |
| Oct 23, 2020 | 9 | Exhibit Hierl Exhibit 1 (11) |
| Oct 23, 2020 | 9 | Declaration Hierl Declaration (3) |
| Oct 23, 2020 | 9 | Declaration Reiter Declaration (5) |
| Oct 23, 2020 | 9 | Exhibit 1 (11) |
| Oct 23, 2020 | 9 | Declaration Santiago Declaration (5) |
| Oct 23, 2020 | 9 | Main Document (38) Docket Text: MEMORANDUM by Emoji Company GmbH in support of motion for temporary restraining order, [8] (Attachments: # (1) Declaration Santiago Declaration, # (2) Exhibit 1, # (3) Declaration Reiter Declaration, # (4) Declaration Hierl Declaration, # (5) Exhibit Hierl Exhibit 1, # (6) Exhibit Hierl Exhibit 2, # (7) Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Oct 23, 2020 | 8 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff Emoji Company GmbH for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication (Hierl, Michael) |
| Oct 23, 2020 | 7 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff Emoji Company GmbH for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Oct 23, 2020 | 5 | motion to seal document (3) Docket Text: MOTION by Plaintiff Emoji Company GmbH to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Oct 23, 2020 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Emoji Company GmbH by William Benjamin Kalbac (Kalbac, William) |
| Oct 23, 2020 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Emoji Company GmbH by Michael A. Hierl (Hierl, Michael) |
| Oct 23, 2020 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Oct 23, 2020 | 1 | Exhibit 1 (11) |
| Oct 23, 2020 | 1 | Main Document (16) Docket Text: COMPLAINT filed by Emoji Company GmbH; Jury Demand. Filing fee $ 400, receipt number 0752-17573344. (Attachments: # (1) Exhibit 1)(Hierl, Michael) |
| Oct 23, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (dxb, ) |
