Case number 1:21-cv-00973
Jiaxing Zichi Trade Co. Ltd v. Yang et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Feb 1, 2022 | 35 | order on motion to appear pro hac vice (1) Docket Text: ORDER: Vahe Van Khojayan's motion for leave to appear pro hac vice on behalf of Plaintiff [34] is granted. Signed by the Honorable Martha M. Pacold on 2/1/2022:Mailed notice(nsf, ) |
| Jan 27, 2022 | 32 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Jiaxing Zichi Trade Co. Ltd by Ariel Weissberg (Weissberg, Ariel) |
| Jan 27, 2022 | 33 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any response to defendants' motion to dismiss [26] is due by 2/18/2022. Any reply by defendants is due by 3/4/2022. (rao, ) |
| Jan 27, 2022 | 34 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19097058. (Khojayan, Vahe) |
| Jan 21, 2022 | 31 | memorandum in support of motion (11) Docket Text: MEMORANDUM TO DISMISS FOR FAILURE TO PROSECUTE (Gao, Frank) |
| Oct 20, 2021 | 30 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Xianchun Jiang, Shan Shan Ma, Ling Yang by David C. Brezina (Brezina, David) |
| Oct 13, 2021 | 29 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to Defendants' motion to dismiss [26] is due by 10/19/2021. Defendants' reply is due by 10/26/2021. (rao, ) |
| Oct 6, 2021 | 28 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Having received defendants' motion to dismiss the amended complaint [26], the parties are advised that this court's motion procedures, which are available on the court's website, provide that motions "must indicate whether they are agreed or opposed. If the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov." The parties are directed to confer and submit an agreed briefing schedule to the court's proposed order inbox by 10/11/2021. Mailed notice (dal, ) |
| Oct 5, 2021 | 26 | Motion to Dismiss for Failure to State a Claim (3) Docket Text: First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Xianchun Jiang, Shan Shan Ma, Ling Yang, Cao Zi Qi C221744881 (Gao, Frank) |
| Oct 5, 2021 | 27 | memorandum in support of motion (13) Docket Text: MEMORANDUM by Xianchun Jiang, Shan Shan Ma, Ling Yang in support of Motion to Dismiss for Failure to State a Claim[26] C221744881 (Gao, Frank) |
| Oct 1, 2021 | 25 | Main Document (22) Docket Text: AMENDED complaint by Jiaxing Zichi Trade Co. Ltd against Does 1-50, Xianchun Jiang, Shan Shan Ma, Ling Yang, Cao Zi Qi (Attachments: # (1) Exhibit 1, # (2) Exhibit 1, # (3) Supplement Redline Version)(Chen, Edward) |
| Oct 1, 2021 | 25 | Exhibit 1 (3) |
| Oct 1, 2021 | 25 | Exhibit 1 (2) |
| Oct 1, 2021 | 25 | Supplement Redline Version (23) |
| Aug 19, 2021 | 24 | Order on Motion to Dismiss for Failure to State a Claim (6) Docket Text: ORDER Signed by the Honorable Martha M. Pacold on 8/19/2021: Defendants' motion to dismiss [17] is granted, without prejudice, to the extent that it seeks dismissal for failure to state a claim, and the preliminary injunction [15] is dissolved. If Plaintiff chooses to file an amended complaint, it must do so by 10/1/2021.(rao, ) |
| Jul 29, 2021 | 23 | Main Document (14) Docket Text: REPLY by Xianchun Jiang, Shan Shan Ma, Ling Yang, Cao Zi Qi to response in opposition to motion, [21] (Attachments: # (1) Declaration, # (2) Exhibit A, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Declaration)(Gao, Frank) |
| Jul 29, 2021 | 23 | Declaration (2) |
| Jul 29, 2021 | 23 | Exhibit A (2) |
| Jul 29, 2021 | 23 | Exhibit (2) |
| Jul 29, 2021 | 23 | Exhibit (2) |
| Jul 29, 2021 | 23 | Exhibit (2) |
| Jul 29, 2021 | 23 | Declaration (6) |
| Jul 23, 2021 | 20 | motion for leave to file (3) Docket Text: MOTION by Plaintiff Jiaxing Zichi Trade Co. Ltd for leave to file opposition brief in excess of 15 pages (Chen, Edward) |
| Jul 23, 2021 | 21 | Main Document (24) Docket Text: RESPONSE by Jiaxing Zichi Trade Co. Ltdin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Xianchun Jiang, Shan Shan Ma, Ling Yang, Cao Zi Qi [17] and MOTION TO DISSOLVE Preliminary Injunction Order (Attachments: # (1) Declaration of Edward Chen, # (2) Exhibit A)(Chen, Edward) |
| Jul 23, 2021 | 21 | Declaration of Edward Chen (2) |
| Jul 23, 2021 | 21 | Exhibit A (5) |
| Jul 23, 2021 | 22 | order on motion for leave to file (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file a brief with excess pages [20] is granted. Pursuant to the briefing schedule proposed by the parties, Defendant's reply brief in support of the motion to dismiss [17] is due by 7/29/2021. If defendants request a comparable leave to file excess pages, they should so inform the court by 7/28/2021. (rao, ) |
| Jun 25, 2021 | 19 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The motion hearing set for 6/29/2021 is stricken. The parties are advised that this court's motion procedures, which are available on the court's website, provide that motions "must indicate whether they are agreed or opposed. If the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov." The parties are directed to confer and submit an agreed briefing schedule to the court's proposed order inbox by 6/29/2021. (rao, ) |
| Jun 24, 2021 | 16 | Main Document (2) Docket Text: ATTORNEY Appearance for Defendants Does 1-50, Xianchun Jiang, Shan Shan Ma, Ling Yang by Frank Y Gao (Attachments: # (1) Appendix Frank Gao appearance)(Gao, Frank) |
| Jun 24, 2021 | 16 | Appendix Frank Gao appearance (1) |
| Jun 24, 2021 | 17 | Main Document (15) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Xianchun Jiang, Shan Shan Ma, Ling Yang, Cao Zi Qi (Attachments: # (1) Exhibit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit, # (9) Exhibit, # (10) Exhibit, # (11) Exhibit, # (12) Exhibit, # (13) Exhibit, # (14) Exhibit, # (15) Exhibit, # (16) Exhibit, # (17) Exhibit, # (18) Exhibit, # (19) Exhibit, # (20) Exhibit, # (21) Exhibit, # (22) Exhibit, # (23) Exhibit, # (24) Exhibit, # (25) Exhibit, # (26) Exhibit, # (27) Exhibit, # (28) Exhibit, # (29) Exhibit, # (30) Exhibit, # (31) Exhibit, # (32) Exhibit, # (33) Exhibit, # (34) Exhibit, # (35) Exhibit, # (36) Exhibit, # (37) Exhibit, # (38) Exhibit, # (39) Exhibit, # (40) Exhibit, # (41) Exhibit, # (42) Exhibit, # (43) Exhibit, # (44) Exhibit, # (45) Declaration, # (46) Declaration)(Gao, Frank) (Attachment 34 replaced on 1/4/2022) (lxk, ). |
| Jun 24, 2021 | 17 | Exhibit (3) |
| Jun 24, 2021 | 17 | Exhibit (13) |
| Jun 24, 2021 | 17 | Exhibit (2) |
| Jun 24, 2021 | 17 | Exhibit (2) |
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| Jun 24, 2021 | 17 | Exhibit (3) |
| Jun 24, 2021 | 17 | Exhibit (2) |
| Jun 24, 2021 | 17 | Exhibit (2) |
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| Jun 24, 2021 | 17 | Exhibit (2) |
| Jun 24, 2021 | 17 | Exhibit (2) |
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| Jun 24, 2021 | 17 | Exhibit (5) |
| Jun 24, 2021 | 17 | Exhibit (2) |
| Jun 24, 2021 | 17 | Exhibit (2) |
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| Jun 24, 2021 | 17 | Exhibit (2) |
| Jun 24, 2021 | 17 | Exhibit (2) |
| Jun 24, 2021 | 17 | Exhibit (5) |
| Jun 24, 2021 | 17 | Exhibit (10) |
| Jun 24, 2021 | 17 | Exhibit (18) |
| Jun 24, 2021 | 17 | Exhibit (7) |
| Jun 24, 2021 | 17 | Exhibit (5) |
| Jun 24, 2021 | 17 | Exhibit (1) |
| Jun 24, 2021 | 17 | Declaration (2) |
| Jun 24, 2021 | 17 | Declaration (7) |
| Jun 24, 2021 | 18 | notice of motion (3) Docket Text: NOTICE of Motion by Frank Y Gao for presentment of before Honorable Martha M. Pacold on 6/29/2021 at 09:30 AM. (Gao, Frank) |
| Jun 10, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendants Xianchun Jiang, Shan Shan Ma, Ling Yang (crl, ) |
| Jun 8, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Xianchun Jiang added to case caption. Terminating Cao Zi Qi (Chen, Edward) |
| May 6, 2021 | 14 | order on motion for preliminary injunction (1) Docket Text: ORDER: No defendant has filed an objection to the motion for preliminary injunction. Thus, the motion for preliminary injunction [12] is granted. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Enter Preliminary Injunction. The Clerk of Court is directed to unseal any previously sealed documents in this matter. The Clerk of Court is directed to issue a summons in the name of LING YANG, d/b/a Emperor Goose, CAO ZI QI, d/b/a FADSHOW, and SHANSHAN MA, d/b/a Raddzo and all other Defendants identified in the Complaint that shall apply to all Defendants, including DOES 1 50. Plaintiff's counsel is directed to add any of the "Doe" defendants whose identity becomes known to Plaintiff on the docket, within three business days of the date that their identity becomes known. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Signed by the Honorable Martha M. Pacold on May 6, 2021. Mailed notice (ph, ) |
| May 6, 2021 | 15 | preliminary injunction (7) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on May 6, 2021. Mailed notice (ph, ) |
| Apr 20, 2021 | 13 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction [12] under advisement and will consider the motion unopposed if no defendant appears and objects by 5/3/2021. (rao, ) |
| Apr 19, 2021 | 12 | Main Document (6) Docket Text: MOTION by Plaintiff Jiaxing Zichi Trade Co. Ltd for preliminary injunction (Attachments: # (1) Declaration of Edward Chen, # (2) Exhibit 1)(Chen, Edward) |
| Apr 19, 2021 | 12 | Declaration of Edward Chen (2) |
| Apr 19, 2021 | 12 | Exhibit 1 (37) |
| Apr 6, 2021 | 11 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order [10] is granted for the reasons given in the motion. The Temporary Restraining Order shall remain in effect until 4/19/2021. (rao, ) |
| Apr 5, 2021 | 10 | extension of time (3) Docket Text: MOTION by Plaintiff Jiaxing Zichi Trade Co. Ltd for extension of time of Temporary Restraining Order (Chen, Edward) |
| Mar 22, 2021 | 8 | order on motion for leave to file excess pages (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to exceed page limitation [5] is granted. For the reasons set forth in plaintiff's motion [6] and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process [6] is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to 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. 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Enter Sealed Temporary Restraining Order. (rao, ) |
| Mar 22, 2021 | 9 | document sealed (7) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 3/22/2021:(rao, ) Modified on 5/6/2021 (ph, ). |
| Mar 19, 2021 | 7 | Main Document (38) Docket Text: MOTION by Plaintiff Jiaxing Zichi Trade Co. Ltd for temporary restraining order , MOTION by Plaintiff Jiaxing Zichi Trade Co. Ltd(1) TEMPORARY RESTRAINING ORDER, (2) ASSET RESTRAINING ORDER, (3) EXPEDITED DISCOVERY ORDER AND (4) SERVICE OF PROCESS BY ELECTRONIC MEANS ORDER (Attachments: # (1) Declaration of Jiawei Qiu, # (2) Declaration of Edward Chen, # (3) Exhibit Exhibits to Chen Decl.)(Chen, Edward) |
| Mar 19, 2021 | 7 | Declaration of Jiawei Qiu (7) |
| Mar 19, 2021 | 7 | Declaration of Edward Chen (5) |
| Mar 19, 2021 | 7 | Exhibit Exhibits to Chen Decl. (18) |
| Mar 18, 2021 | 5 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff Jiaxing Zichi Trade Co. Ltd for leave to file excess pages re: Plaintiff's Ex Parte Motion for TRO (Chen, Edward) |
| Feb 22, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (kl, ) |
| Feb 21, 2021 | 1 | Main Document (19) Docket Text: COMPLAINT filed by Jiaxing Zichi Trade Co. Ltd; Jury Demand. Filing fee $ 402, receipt number 0752-17949747. (Attachments: # (1) Exhibit 1, # (2) Civil Cover Sheet Cover Sheet)(Chen, Edward) |
| Feb 21, 2021 | 1 | Exhibit 1 (3) |
| Feb 21, 2021 | 1 | Civil Cover Sheet Cover Sheet (2) |
| Feb 21, 2021 | 2 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Jiaxing Zichi Trade Co. Ltd by Edward Chen (Chen, Edward) |
| Feb 21, 2021 | 3 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Jiaxing Zichi Trade Co. Ltd and Notice Disclosure Per FRCP 7.1 (Chen, Edward) |
| Feb 21, 2021 | 4 | notice of filing (2) Docket Text: NOTICE by Jiaxing Zichi Trade Co. Ltd of Claim Involving Patents or Trademarks Pursuant to LR 3.4 (Chen, Edward) |
