Case number 1:21-cv-05008
MVW Holdings, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 4, 2022 | N/A | mailed (0) Docket Text: MAILED original ten-thousand-dollar ($10,000) surety bond posted by MVW Holdings, Inc. to plaintiff's counsel, Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. at Three First National Plaza, 70 W. Madison Street, Suite 4000, Chicago, IL 60602 via certified mail # 7019 2280 0000 0962 5926. (exr, ) |
| Jan 7, 2022 | 48 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to amend the pleadings [47] is granted. Plaintiff is directed to file the amended schedule A form as a separate docket entry by 1/13/2022. (rao, ) |
| Jan 5, 2022 | 47 | Amended Schedule A (4) |
| Jan 5, 2022 | 47 | Main Document (2) Docket Text: MOTION by Plaintiff MVW Holdings, Inc. to Amend Pleadings (Attachments: # (1) Amended Schedule A)(Hierl, Michael) |
| Dec 28, 2021 | 46 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for an extension of time to amend the pleadings [45] is granted. Plaintiff is directed to refile by 1/5/2022 the notice of voluntary dismissal as a motion to amend the pleadings under Rule 15(a)(2) in compliance with the court's previous orders, or if plaintiff seeks to continue proceeding under Rule 41(a)(1), to file a statement by the same date addressing why proceeding under Rule 41(a)(1) is appropriate. (rao, ) |
| Dec 22, 2021 | 45 | extension of time (3) Docket Text: MOTION by Plaintiff MVW Holdings, Inc. for extension of time Plaintiff's Motion for an Extension of Time to File a Motion to Amend the Pleadings or a Statement (Hierl, Michael) |
| Dec 20, 2021 | 44 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: This court has previously instructed plaintiff several times that Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action and that the future, plaintiff should seek leave to amend the pleadings under Rule 15(a)(2) rather than filing notices of dismissal under Rule 41(a)(1). [31], [38], [41]. Plaintiff has again, however, filed a notice of voluntary dismissal for defendant no. 76 pursuant to Rule 41(a)(1). The court once again informs plaintiff that Rule 41(a)(1) is not the proper vehicle to dismiss some, but not all parties, to an action. Plaintiff is directed to read this court's orders carefully and to comply with them. Plaintiff is directed to refile by 12/22/2021 the notice of voluntary dismissal as a motion to amend the pleadings under Rule 15(a)(2) in compliance with the court's previous orders, or if plaintiff seeks to continue proceeding under Rule 41(a)(1), to file a statement by the same date addressing why proceeding under Rule 41(a)(1) is appropriate (if more time is necessary, plaintiff may seek an extension of time). (rao, ) |
| Dec 17, 2021 | 43 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 76 (Hierl, Michael) |
| Dec 16, 2021 | 42 | Amended Schedule A (4) |
| Dec 16, 2021 | 42 | Main Document (2) Docket Text: NOTICE by MVW Holdings, Inc. Notice of Filing (Attachments: # (1) Amended Schedule A)(Hierl, Michael) |
| Dec 9, 2021 | 41 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [40], which seeks to voluntarily dismiss defendants no. 31 and 53 under Rule 41(a)(1). The court again advises plaintiff, see [31], [38], that (1) Rule 41(a) is not the proper vehicle for dismissal some, but not all, parties to an action, and (2) in the future, plaintiff should seek leave to amend the pleadings under Rule 15(a)(2) rather than filing notices of dismissal under Rule 41(a)(1). The court construes plaintiff's notice of voluntary dismissal [40] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants no. [31] and [38] from the Schedule A form, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 12/16/2021 identifying the remaining defendants. (rao, ) |
| Dec 6, 2021 | 40 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Nov 23, 2021 | 39 | Amended Schedule A (4) |
| Nov 23, 2021 | 39 | Main Document (2) Docket Text: NOTICE by MVW Holdings, Inc. Amended Schedule A (Attachments: # (1) Amended Schedule A)(Hierl, Michael) |
| Nov 22, 2021 | 38 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [37], which seeks to voluntarily dismiss defendants no. 32, 69, 73, 75 under Rule 41(a)(1). As the court has already noted for plaintiff, Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. See [31]. The court therefore construes plaintiff's notice of voluntary dismissal [37] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants no. 32, 69, 73, 75 from the Schedule A form, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 11/24/2021 identifying the remaining defendants. Plaintiff is advised that, in the future, it should seek leave to amend the pleadings under Rule 15(a)(2) rather than filing notices of dismissal under Rule(a)(1). (rao, ) |
| Nov 19, 2021 | 37 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants (Hierl, Michael) |
| Nov 17, 2021 | 36 | Amended Schedule A (4) |
| Nov 17, 2021 | 36 | Main Document (2) Docket Text: NOTICE by MVW Holdings, Inc. (Attachments: # (1) Amended Schedule A)(Hierl, Michael) |
| Nov 10, 2021 | 35 | order on motion for extension of time to file response/reply (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant Jack & Roo LLC's motion for extension of time [34] is granted. Defendant Jack & Roo LLC (identified on Schedule A as defendant 53 "Mannie 16") is given until 12/1/2021 to file a responsive pleading. (rao, ) |
| Nov 9, 2021 | 34 | motion for extension of time to file response/reply (2) Docket Text: MOTION by Defendant mannie416 for extension of time to file response/reply to the Plaintiff's Complaint, MOTION by Defendant mannie416 for extension of time to file answer or otherwise respond to the complaint (Rosenbaum, Cory) |
| Nov 4, 2021 | 33 | order (1) Docket Text: ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 11/4/2021. Mailed notice. (exr, ) |
| Nov 4, 2021 | 32 | preliminary injunction (9) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 11/4/2021:(rao, ) |
| Nov 4, 2021 | 31 | order on motion for preliminary injunction (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [30], which seeks to voluntarily dismiss defendant no. 61 under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal [30] as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendant no. 61 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 11/17/2021 identifying the remaining defendants. Additionally, other than defendant no. 61, no defendant has filed an appearance to object to plaintiff's motion for entry of a preliminary injunction [25]. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [25] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Nov 4, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: the_best_deals_to_you, tikbo6, truegamerservices, uxlc9887, Guangzhou Yingnisi Trading Co., Ltd., Hangzhou SDM Magnetics Co., Ltd., Nantong Jakarta Trade Co., Ltd., Xiamen Xiangbinli Trade Co., Ltd., Yongkang Hongle Industry & Trade Co., Ltd., Yongkang Lizewei Industry & Trade Co., Ltd., Angle Kids's Store, Jining Zhutong International Trade Co., Ltd., Ningbo Syloon Imp. & Exp. Co., Ltd, QWZ Second Toy Store, Shantou Chachi Toys Co., Ltd., Shantou Chenghai Sam Toys Industrial Co., Ltd., Xiamen Yeci Technology Co., Ltd., Yiwu B&T Crafts & Arts Co., Ltd., Zhejiang Longqian Fengming Import And Export Co., Ltd. and Zhutongint Store added to case caption. (Hierl, Michael) |
| Nov 4, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Tongxiang Kebo Toys Co., Ltd., Yiwu Gangbo Toys Co., Ltd., Yuyao Magart Toys S&T Co., Ltd., Yuyao Shengkangda Electrical Appliance Co., Ltd., *secure0deals*, 2020sight, asiriamith, bui_17, fjselectronics, globshoonlin_0, greatdealsec, lovoly_forever, mannie416, maximus_jb, mikilh, ngutanv_0, robertocarlos11, sandunethweera, tahanitoto and teamart939 added to case caption. (Hierl, Michael) |
| Nov 4, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Shandong Siglo International Trade Co., Ltd., Yongkang Yuqi Industry And Trade Co., Ltd., ahnigltio11, craig_5862, dani-shopping, ebshop14, envio_gratis_2000, erdin4037, free_fast_shipping10, garedw-8977, huyn-79, jathom_492, jm34-4976, kathop-89, keitth694shop, kena_8134, ngngu_38, nguye_586908, pammess-5, paukka, percompproducts, plcsoftware, quangtran5553, ranhel-68, shantell_94, tibi222_shop, tri_5480, vatsik79, vin_tech_102, wernerkonop66, Shantou Chenghai Paite Toys Co., Ltd., Hangzhou Beihao Toy Co., Ltd., HangZhou JuMa Industrial Co., Ltd., Hangzhou Strong Magnet & Assembly Co., Ltd., Hangzhou Tangai Import And Export Co., Ltd., Hangzhou Times Industrial Co., Ltd., Magikool Toys & Gifts Co., Ltd., Ningbo Bestway Magnet Co., Ltd., Ningbo BMAG Toy Co., Ltd. and Robotime C&C (Jiangsu) Co., Ltd. added to case caption. (Hierl, Michael) |
| Oct 29, 2021 | 30 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 61 (Hierl, Michael) |
| Oct 19, 2021 | 29 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by MVW Holdings, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto on 10/19/2021, answer due 11/9/2021. (Hierl, Michael) |
| Oct 19, 2021 | 28 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction [25] under advisement and will consider the motion unopposed if no defendant appears and objects by 10/26/2021. (rao, ) |
| Oct 18, 2021 | 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. (lxk, ) |
| Oct 18, 2021 | 25 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff MVW Holdings, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction (Hierl, Michael) |
| Oct 18, 2021 | 26 | memorandum in support of motion (7) Docket Text: MEMORANDUM by MVW Holdings, Inc. in support of motion for preliminary injunction[25] (Hierl, Michael) |
| Oct 18, 2021 | 27 | declaration (2) Docket Text: DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[25] (Hierl, Michael) |
| Oct 12, 2021 | 24 | bond (1) Docket Text: CIVIL BOND in the amount of $ 10,000 posted by MVW Holdings, Inc. (Document Not Imaged). (gcy, ) |
| Oct 7, 2021 | 23 | 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 TRO [22] is granted. Under rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO [20] entered on 9/24/21 is extended until 10/22/21. Mailed notice (lxs, ) |
| Oct 6, 2021 | 22 | extension of time (3) Docket Text: MOTION by Plaintiff MVW Holdings, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order (Hierl, Michael) |
| Sep 24, 2021 | 21 | SEALED Order (12) Docket Text: TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/24/2021:(rao, ) Modified on 11/4/2021 (exr, ). |
| Sep 24, 2021 | 20 | order on motion to seal document (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file excess pages [8] and for leave to file under seal [6] are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery [9] 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, but at this preliminary stage, 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 timely 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. (rao, ) |
| Sep 23, 2021 | 19 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials (jg, ) |
| Sep 23, 2021 | 18 | Patent/Trademark report (6) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (jg, ) |
| Sep 22, 2021 | 17 | other (3) Docket Text: Notice of Claims Involving Trademarks by MVW Holdings, Inc. (Hierl, Michael) |
| Sep 22, 2021 | 16 | sealed document (30) Docket Text: DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 6 of Valenta Declaration (Hierl, Michael) Modified on 11/4/2021 (exr, ). |
| Sep 22, 2021 | 15 | sealed document (30) Docket Text: DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 5 of Valenta Declaration (Hierl, Michael) Modified on 11/4/2021 (exr, ). |
| Sep 22, 2021 | 14 | sealed document (30) Docket Text: DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 4 of Valenta Declaration (Hierl, Michael) Modified on 11/4/2021 (exr, ). |
| Sep 22, 2021 | 13 | sealed document (30) Docket Text: DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 3 of Valenta Declaration (Hierl, Michael) Modified on 11/4/2021 (exr, ). |
| Sep 22, 2021 | 12 | sealed document (30) Docket Text: DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 2 of Valenta Declaration (Hierl, Michael) Modified on 11/4/2021 (exr, ). |
| Sep 22, 2021 | 11 | sealed document (30) Docket Text: DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 Part 1 of Valenta Declaration (Hierl, Michael) Modified on 11/4/2021 (exr, ). |
| Sep 22, 2021 | 10 | Exhibit Hierl Exhibit 3 (33) |
| Sep 22, 2021 | 10 | Exhibit Hierl Exhibit 2 (20) |
| Sep 22, 2021 | 10 | Exhibit Hierl Exhibit 1 (11) |
| Sep 22, 2021 | 10 | Declaration Hierl Declaration (3) |
| Sep 22, 2021 | 10 | Exhibit 1 (5) |
| Sep 22, 2021 | 10 | Declaration Valenta Declaration (8) |
| Sep 22, 2021 | 10 | Main Document (38) Docket Text: MEMORANDUM by MVW Holdings, Inc. in support of motion for temporary restraining order, [9] (Attachments: # (1) Declaration Valenta Declaration, # (2) Exhibit 1, # (3) Declaration Hierl Declaration, # (4) Exhibit Hierl Exhibit 1, # (5) Exhibit Hierl Exhibit 2, # (6) Exhibit Hierl Exhibit 3)(Hierl, Michael) |
| Sep 22, 2021 | 9 | motion for temporary restraining order (3) Docket Text: MOTION by Plaintiff MVW Holdings, Inc. 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) |
| Sep 22, 2021 | 8 | motion for leave to file excess pages (3) Docket Text: MOTION by Plaintiff MVW Holdings, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Sep 22, 2021 | 7 | sealed document (4) Docket Text: DOCUMENT by Plaintiff MVW Holdings, Inc. Sealed Schedule A (Hierl, Michael) Modified on 11/4/2021 (exr, ). |
| Sep 22, 2021 | 6 | motion to seal document (3) Docket Text: MOTION by Plaintiff MVW Holdings, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Sep 22, 2021 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Sep 22, 2021 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by William Benjamin Kalbac (Kalbac, William) |
| Sep 22, 2021 | 3 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by Michael A. Hierl (Hierl, Michael) |
| Sep 22, 2021 | 2 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Hierl, Michael) |
| Sep 22, 2021 | 1 | Exhibit 1 (5) |
| Sep 22, 2021 | 1 | Main Document (16) Docket Text: COMPLAINT filed by MVW Holdings, Inc.; Jury Demand. Filing fee $ 402, receipt number 0752-18692658. (Attachments: # (1) Exhibit 1)(Hierl, Michael) |
| Sep 22, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jmk, ) |
