Case number 1:21-cv-01983
Nirvana, L.L.C. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 9, 2022 | 141 | MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the District Judge's dismissal of this case 138 , all matters relating to the referral of this case have been resolved. Referral terminated. Mailed notice (ber, ) (Entered: 11/09/2022) (1) |
| Nov 9, 2022 | 142 | MINUTE entry before the Honorable Martha M. Pacold: Attorney Douglas B. Harper's motion to withdraw as counsel for defendants TaLang Fashion and Xintachaoliu 140 is granted. Attorney Douglas B. Harper terminated. (rao, ) (Entered: 11/09/2022) (1) |
| Nov 8, 2022 | 138 | ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 134 . The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $500,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Bruns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 11/8/2022. Mailed notice(jh, ) (Entered: 11/08/2022) (1) |
| Nov 8, 2022 | 140 | MOTION by Attorney Douglas B. Harper (Local Counsel) to withdraw as attorney for TaLang Fashion, xintachaoliu. No party information provided (Harper, Douglas) (Entered: 11/08/2022) (2) |
| Nov 7, 2022 | 139 | DEFAULT JUDGMENT Order signed by the Honorable Martha M. Pacold on 11/7/2022. Mailed notice (jh, ) (Entered: 11/08/2022) (14) |
| Oct 21, 2022 | 137 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment 134 must enter an appearance and file a written objection by 10/31/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) (Entered: 10/21/2022) (1) |
| Oct 11, 2022 | 134 | MOTION by Plaintiff Nirvana, L.L.C. for entry of default , MOTION by Plaintiff Nirvana, L.L.C. for default judgment as to all remaining Defendants (Attachments: # 1 Exhibit A)(Gaudio, Justin) (Entered: 10/11/2022) (Main Document) (3) |
| Oct 11, 2022 | 135 | MEMORANDUM by Nirvana, L.L.C. in support of motion for entry of default, motion for default judgment 134 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 10/11/2022) (Main Document) (13) |
| Oct 11, 2022 | 136 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 135 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 10/11/2022) (Main Document) (2) |
| Oct 11, 2022 | 135 | MEMORANDUM by Nirvana, L.L.C. in support of motion for entry of default, motion for default judgment 134 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 10/11/2022) (Exhibit 1) (8) |
| Oct 11, 2022 | 136 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 135 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 10/11/2022) (Exhibit 1) (30) |
| Oct 11, 2022 | 134 | MOTION by Plaintiff Nirvana, L.L.C. for entry of default , MOTION by Plaintiff Nirvana, L.L.C. for default judgment as to all remaining Defendants (Attachments: # 1 Exhibit A)(Gaudio, Justin) (Entered: 10/11/2022) (Exhibit A) (5) |
| Oct 8, 2022 | 133 | MINUTE entry before the Honorable Martha M. Pacold: The court adopts the findings and recommendations 131 and grants Plaintiff's renewed motion for sanctions 122 . Talang Fashion and Xintachaoliu did not file objections to the findings and recommendations within 14 days, 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2); thus, they have forfeited any objection. Regardless of any forfeiture, on the merits, the court adopts the recommended disposition. Under Federal Rule of Civil Procedure 37(b)(2)(A)(iii), if a party "fails to obey an order to provide or permit discovery," a court may "strik[e] pleadings in whole or in part." Because Talang Fashion and Xintachaoliu have continually failed to participate in discovery in this case, the court strikes their Answer to the Complaint 80 . (rao, ) (Entered: 10/08/2022) (1) |
| Sep 6, 2022 | 131 | order on motion for miscellaneous relief (2) Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Renewed Motion for Sanctions Under Rule 37 [122] is granted in large part for the reasons set forth very well in the Motion [122] and in Plaintiff's Reply Brief [127]. ThMINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Renewed Motion for Sanctions Under Rule 37 [122] is granted in large part for the reasons set forth very well in the Motion [122] and in Plaintiff's Reply Brief [127]. The Motion [122] also is unopposed as Defendants Talang Fashion and Xintachaoliu did not respond to it per the briefing schedule set by the Court [124] after the Motion [122] was filed. On the record before the Court, the Court finds that Defendants Te Motion [122] also is unopposed as Defendants Talang Fashion and Xintachaoliu did not respond to it per the briefing schedule set by the Court [124] after the Motion [122] was filed. On the record before the Court, the Court finds that Defendants Talang Fashion and Xintachaoliu have utterly failed to participate in discovery in this case. As set forth in the Motion [122], neither Defendant has responded to Plaintiff's interrogatories and requests for production of documents served monthsalang Fashion and Xintachaoliu have utterly failed to participate in discovery in this case. As set forth in the Motion [122], neither Defendant has responded to Plaintiff's interrogatories and requests for production of documents served months ago, or explained their failure to do so, or requested more time within to serve discovery responses, nor have Defendants participated in requested Local Rule 37.2 conferences to discuss their ongoing discovery defaults. Pursuant to Federal Rule of ago, or explained their failure to do so, or requested more time within to serve discovery responses, nor have Defendants participated in requested Local Rule 37.2 conferences to discuss their ongoing discovery defaults. Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii), Plaintiff requests that the Court sanction Defendants Talang Fashion and Xintachaoliu for their refusal to participate in discovery by striking their Answer to the Complaint [80]. In the Court's view, that is aCivil Procedure 37(b)(2)(A)(iii), Plaintiff requests that the Court sanction Defendants Talang Fashion and Xintachaoliu for their refusal to participate in discovery by striking their Answer to the Complaint [80]. In the Court's view, that is an appropriate and measured sanction under Rule 37 for these Defendants' failure to respond to written discovery. The Court disagrees with Plaintiff, however, that a magistrate judge can enter such a sanction consistent with the referral order [n appropriate and measured sanction under Rule 37 for these Defendants' failure to respond to written discovery. The Court disagrees with Plaintiff, however, that a magistrate judge can enter such a sanction consistent with the referral order [119] ("this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motion119] ("this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement"), Internal Operating Procedure 14, and 28 U.S.C. 636(b)(1)(A). Striking Defendants Talang Fashion's and Xintachaoliu's Answer to the Complaint [80] effectively will permit Plaintiff to obtain a default s schedule, and for settlement"), Internal Operating Procedure 14, and 28 U.S.C. 636(b)(1)(A). Striking Defendants Talang Fashion's and Xintachaoliu's Answer to the Complaint [80] effectively will permit Plaintiff to obtain a default judgment against them and that is a case dispositive order. The Court does not read the authority submitted by Plaintiff to permit it to enter an order that effectively would grant dispositive relief to a party in a referred case, and the Court has fjudgment against them and that is a case dispositive order. The Court does not read the authority submitted by Plaintiff to permit it to enter an order that effectively would grant dispositive relief to a party in a referred case, and the Court has found no such authority in its own research that would support entry of such an order here. All of the cases Plaintiff cites in its Reply Brief [127] involve an award of attorneys' fees, which the courts in those cases found to be non-dispositiveound no such authority in its own research that would support entry of such an order here. All of the cases Plaintiff cites in its Reply Brief [127] involve an award of attorneys' fees, which the courts in those cases found to be non-dispositive relief, not the type of an order Plaintiff requests in this case. The Court, therefore, recommends to the assigned District Judge that she accept the findings and recommendation made herein, and enter an order striking Talang Fashion's and Xint relief, not the type of an order Plaintiff requests in this case. The Court, therefore, recommends to the assigned District Judge that she accept the findings and recommendation made herein, and enter an order striking Talang Fashion's and Xintachaoliu's Answer to the Complaint [80] as a discovery sanction pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii) because these Defendants have failed to respond to Plaintiff's written discovery in this case. Defendants are direcachaoliu's Answer to the Complaint [80] as a discovery sanction pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii) because these Defendants have failed to respond to Plaintiff's written discovery in this case. Defendants are directed to Federal Rule of Civil Procedure 72(b)(2) for their appeal rights including their right to appeal this report and recommendation within 14 days of this docket entry by which they are being served with this order. Mailed notice (ber, ) Modifited to Federal Rule of Civil Procedure 72(b)(2) for their appeal rights including their right to appeal this report and recommendation within 14 days of this docket entry by which they are being served with this order. Mailed notice (ber, ) Modified on 9/6/2022 (ber, ). (Main Document 131 replaced on 9/6/2022) (ber, ).ed on 9/6/2022 (ber, ). (Main Document 131 replaced on 9/6/2022) (ber, ). (Main Document 131 replaced on 9/6/2022) (ber, ). |
| Sep 6, 2022 | 132 | text entry (1) Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court's order [131] is modified to add the following line: All of the cases Plaintiff cites in its Reply Brief [127] involve an award of attorneys' fees, which the courts in those cases found to be non-dispositive relief, not the type of an order Plaintiff requests in this case. The rest of order [131] remains the same. Mailed notice (ber, ) |
| Aug 24, 2022 | 129 | order on motion to withdraw as attorney (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Isaku M. Begert's motion to withdraw as counsel of record on behalf of plaintiff [128] is granted. Attorney Isaku Begert terminated. (rao, ) |
| Aug 24, 2022 | 130 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Nirvana, L.L.C. by Justin Tyler Joseph (Joseph, Justin) |
| Aug 23, 2022 | 128 | motion to withdraw as attorney (2) Docket Text: MOTION by Attorney Isaku M. Begert to withdraw as attorney for Nirvana, L.L.C.. No party information provided (Begert, Isaku) |
| Aug 1, 2022 | 127 | reply (3) Docket Text: REPLY by Plaintiff Nirvana, L.L.C. in Support of its Motion for Sanctions as to Defendants TaLang Fashion and xintachaoliu [122] (Begert, Isaku) |
| Jul 20, 2022 | 126 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 7/20/22. Counsel for Plaintiff appeared. No one appeared for Defendants. Both parties should address in their forthcoming briefs whether the relief Plaintiff is seeking in its Motion [80], i.e. that the Court strike Defendant TaLang Fashion's and Defendant xintachaoliu's Answer to the Complaint as a discovery sanction, is relief that this Magistrate Judge can grant in a referred case consistent with 28 U.S.C. 636(b)(1)(A). Mailed notice (ber, ) |
| Jul 19, 2022 | 124 | text entry (1) Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant shall respond to Plaintiff's Renewed Motion for Sanctions Pursuant to Rule 37 [122] by 7/25/22. If a response is filed, Plaintiff may file a reply in support of its motion by 8/1/22. Mailed notice (ber, ) |
| Jul 19, 2022 | 125 | text entry (1) Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion to Stay [123] is denied. Defendant's alleged failure to participate meaningfully in discovery is not a reason to excuse the filing of a joint status report. The status hearing previously set for tomorrow, 7/20/22 [121], will proceed as scheduled with or without the filing of a status report. The Court expects counsel for Plaintiff and Defendant Qitianly to appear by telephone for that status hearing. Mailed notice (ber, ) |
| Jul 15, 2022 | 123 | motion to stay (3) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. to stay (Begert, Isaku) |
| Jul 13, 2022 | 122 | Main Document (6) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for Sanctions pursuant to Rule 37 Renewed (Attachments: # (1) Declaration of Isaku M. Begert)(Gaudio, Justin) |
| Jul 13, 2022 | 122 | Declaration of Isaku M. Begert (3) |
| Jun 29, 2022 | 121 | order on motion for sanctions (2) Docket Text: MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. Plaintiff's Motion for Sanctions Pursuant to Rule 37 [120] is denied without prejudice. At the Court's instance, however, Defendants shall respond to Plaintiff's First Set of Requests for Production, First Set of Interrogatories, and First Set of Requests for Admission ("Plaintiff's Discovery Requests"), served on 5/19/22, by 7/8/22. If Defendants cannot do so for some reason, then they will need to file a motion that establishes good cause for the additional delay on their already overdue discovery responses. If Defendants do not respond to Plaintiff's Plaintiff's Discovery Requests in accordance with this order, and any motion seeking more time is not filed or granted, then Plaintiff may renew its motion for sanctions. Plaintiff's Motion [120] is denied as of now because the relief sought (striking Defendants' answer to the complaint without leave to refile) is far out of proportion to Defendants' alleged infraction of the Federal Rules of Civil Procedure (failing to respond to Plaintiff's written discovery requests in a timely manner). Plaintiff appears to have waited two and one-half months to serve its "expedited" discovery requests and Defendants now appear to be a little over a month overdue in responding to them, but that delay, though unexcused as of now, does not justify the relief Plaintiff is seeking, in the exercise of Court's discretion. The parties shall file a joint initial status report in accordance with the Court's Standing Order for Initial Status Report for Cases Before Magistrate Judge Gilbert, posted on the Court's website www.ilnd.uscourts.gov/Judges, by 7/15/22. A telephone status hearing is set for 7/20/22 at 10:30 a.m. The call-in number for the hearing is 877-336-1829, access code 1022195, press #. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, ) |
| Jun 28, 2022 | 120 | Main Document (5) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for sanctions pursuant to Rule 37 (Attachments: # (1) Declaration of Isaku M. Begert)(Gaudio, Justin) |
| Jun 28, 2022 | 120 | Declaration of Isaku M. Begert (3) |
| Jun 27, 2022 | 119 | Expedited referral to magistrate judge (1) Docket Text: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) |
| Jun 24, 2022 | 118 | status report (3) Docket Text: STATUS Report Joint, per [117] by Nirvana, L.L.C. (Gaudio, Justin) |
| May 25, 2022 | 117 | status hearing (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Telephonic status hearing held on 5/25/2022. Plaintiff and defendants TaLang Fashion and xintachaoliu are directed to file a joint status report by 6/24/2022 to update the court on the status of settlement, unless a stipulation of dismissal is filed prior to that date. (rao, ) |
| May 20, 2022 | 116 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for status hearing [114] is granted. Telephonic status hearing set for 5/25/2022 at 10:00 a.m. All parties' counsel are required to attend the status hearing. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions deemed necessary by the court. (rao, ) |
| May 19, 2022 | 115 | status report (3) Docket Text: STATUS Report per [113] by Nirvana, L.L.C. (Begert, Isaku) |
| May 16, 2022 | 114 | motion for miscellaneous relief (3) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for Status Hearing Requiring Counsel to Participate (Begert, Isaku) |
| Apr 22, 2022 | 113 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's status report [112] indicates that plaintiff has reached a settlement agreement with defendants TaLang Fashion and xintachaoliu. Plaintiff and defendants TaLang Fashion and xintachaoliu are directed to file a joint status report on the status of settlement by 5/19/2022, unless defendants TaLang Fashion and xintachaoliu settle and are dismissed before then. (rao, ) |
| Apr 21, 2022 | 112 | status report (3) Docket Text: STATUS Report per [111] by Nirvana, L.L.C. (Begert, Isaku) |
| Apr 7, 2022 | 111 | order on motion for summary judgment (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for summary judgment against TaLang Fashion and xintachaoliu [86] is denied. The Seventh Circuit has "emphasize[d] the importance of allowing a party the opportunity to take meaningful discovery before granting summary judgment against her." Smith v. OSF Healthcare Sys., 933 F.3d 859, 866 (7th Cir. 2019). Under Federal Rule of Civil Procedure 56(d)(1), a court may deny a summary judgment motion "[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition." Here, no discovery has taken place and defendants TaLang Fashion and xintachaoliu have offered a declaration from Adam Engel [99] that these defendants cannot determine the validity of the trademarks at issue or what rights were assigned to plaintiff without discovery. Accordingly, plaintiff's motion for summary judgment is denied without prejudice because it is premature to grant summary judgment before TaLang Fashion and xintachaoliu have had the opportunity to take discovery. Plaintiff, TaLang Fashion, and xintachaoliu are directed to file a joint status report addressing how they intend to proceed by 4/21/2022. (rao, ) |
| Mar 4, 2022 | 110 | order on motion for reconsideration (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal [108] is granted and plaintiff's motion for reconsideration [107] of order [105] is denied. "A party cannot use a motion for reconsideration to introduce evidence previously available, to tender new legal theories, or to rehash old arguments." Easypower Corp. v. Alden Corp., 522 F. Supp. 2d 1060, 1063 (N.D. Ill. 2007) (internal quotation marks omitted). Reconsideration is "only appropriate to correct manifest errors of law or to present newly discovered evidence." Id. (internal quotation marks omitted). The only arguably appropriate basis for reconsideration put forth in plaintiff's motion is the contention that the temporary restraining order against TaLang Fashion and xintachaoliu remained in effect despite the court's order extending the temporary restraining order only "until May 18, 2021." [29]. Yet, as the court has already explained, the temporary restraining order expired on its own terms and was not in effect after May 18, 2021. [105] at 6-7. If a plaintiff believes it is appropriate or necessary to extend a temporary restraining order beyond the 28-day limit set forth in Federal Rule of Civil Procedure 65(b), see H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012), then plaintiff may request that the court do so. Plaintiff did not do so here, and the temporary restraining order therefore expired after 28 days. [105] at 6-7. The remainder of plaintiff's arguments are not properly raised in a reconsideration motion and, even if considered, are unpersuasive for the reasons set forth in the order [105]. (rao, ) |
| Mar 3, 2022 | 107 | Main Document (6) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for reconsideration regarding order on motion for preliminary injunction, [105] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 2)(Gaudio, Justin) |
| Mar 3, 2022 | 107 | Declaration of Justin R. Gaudio (1) |
| Mar 3, 2022 | 107 | Exhibit 2 (2) |
| Mar 3, 2022 | 108 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for leave to file under seal (Gaudio, Justin) |
| Mar 1, 2022 | 105 | order on motion for preliminary injunction (7) Docket Text: ORDER Signed by the Honorable Martha M. Pacold on 3/1/2022: Plaintiff's motion for preliminary injunction against TaLang Fashion and xintachaoliu [31] is granted except with respect to the requested asset freeze. (rao, ) |
| Mar 1, 2022 | 106 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/1/2022: (rao, ) |
| Jan 20, 2022 | 104 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter [102] is granted. Amdi Rouu terminated. (rao, ) |
| Jan 14, 2022 | 102 | motion for miscellaneous relief (2) Docket Text: MOTION by Plaintiff Nirvana, L.L.C.for Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) |
| Jan 14, 2022 | 103 | amended document (8) Docket Text: AMENDED exhibit[2] Amended Schedule A (Christensen, Jake) |
| Oct 8, 2021 | 101 | reply (8) Docket Text: REPLY by Plaintiff Nirvana, L.L.C. in Support of Its Motion for Summary Judgment and a Statutory Damages Award as to Defendants TaLang Fashion and xintachaoliu [86] (Gaudio, Justin) |
| Oct 1, 2021 | 98 | memorandum in opposition to motion (12) Docket Text: MEMORANDUM by TaLang Fashion, xintachaoliu in Opposition to motion for summary judgment[86] (Engel, Adam) |
| Oct 1, 2021 | 99 | affidavit in opposition to motion (6) Docket Text: AFFIDAVIT by Defendants TaLang Fashion, xintachaoliu in Opposition to MOTION by Plaintiff Nirvana, L.L.C. for summary judgment and a Statutory Damages Award as to Defendants TaLang Fashion and Xintachaoliu[86] (Engel, Adam) |
| Oct 1, 2021 | 100 | Rule 56 statement (12) Docket Text: RULE 56 (b)(3) Statement by TaLang Fashion, xintachaoliu regarding motion for summary judgment[86] (Engel, Adam) |
| Sep 27, 2021 | 95 | reply (2) Docket Text: REPLY by Defendants TaLang Fashion, xintachaoliu to response in opposition to motion,, [94], notice of filing[91], motion by filer to set a briefing schedule,, motion for discovery,, motion for extension of time to file response/reply, [93] (Engel, Adam) |
| Sep 27, 2021 | 96 | order on motion to set a briefing schedule (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The response by Defendants TaLang Fashion and xintachaoliu to plaintiff's summary judgment motion [86] was due 9/24/2021 [92]. Instead of filing a response, Defendants waited until the day the response was due to file a request [93] for an extension of time to file their response based on their intention to file a Rule 56(d) motion opposing the entry of summary judgment, a stay of summary judgment briefing pending resolution of Defendants' forthcoming Rule 56(d) motion, and an order setting an initial conference so discovery can proceed. Plaintiff filed an opposition to Defendants motion [94] on the basis that Defendants failed to point to any specific discovery that was necessary for the resolution of the pending summary judgment motion. Having reviewed these submissions, the court grants in part and denies in part Defendants' motion. Defendants have not pointed to any facts to support their requested extension of time to respond to the summary judgment motion, nor have they provided any basis to excuse their failure to seek an extension before the day their response was due. Nevertheless, Defendants are granted an extension to respond to Plaintiffs' summary judgment motion. Defendants' response is due by 10/1/2021. Defendants may base their response on Rule 56(d) if they believe that Plaintiff's motion cannot be resolved without discovery. Plaintiff's reply is due by 10/8/2021. If Defendants choose to file a separate Rule 56(d) motion, that motion is due by 10/8/2021; Plaintiff's opposition is due by 10/22/2021; and any reply is due by 10/29/2021. Before filing a separate Rule 56(d) motion, however, Defendants should seriously consider whether there is any value to doing so or if such a motion will merely be duplicative of their response to Plaintiff's summary judgment motion. Given the outstanding summary judgment motion and Defendants' stated intention to brief the issue of whether discovery is necessary, the Court finds that there is good cause to delay entering a scheduling order until these issues are resolved. (rao, ) |
| Sep 27, 2021 | 97 | response in opposition to motion (3) Docket Text: RESPONSE by TaLang Fashion, xintachaoliuin Opposition to MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction [31] setting forth argument based on Plaintiff's recent damages election (Engel, Adam) |
| Sep 26, 2021 | 94 | response in opposition to motion (4) Docket Text: RESPONSE by Nirvana, L.L.C.in Opposition to MOTION by Defendants TaLang Fashion, xintachaoliu to set a briefing schedule for Defendants' Rule 56(d) MotionMOTION by Defendants TaLang Fashion, xintachaoliu for discovery and Initial Conference so that discovery may proceedMOTION by Defendants TaLang Fashion, xintachaoliu for extension of time to file response/reply as to set motion and R&R deadlines/hearings[92], notice of filing[91] [93] (Gaudio, Justin) |
| Sep 24, 2021 | 93 | motion by filer to set a briefing schedule (4) Docket Text: MOTION by Defendants TaLang Fashion, xintachaoliu to set a briefing schedule for Defendants' Rule 56(d) Motion, MOTION by Defendants TaLang Fashion, xintachaoliu for discovery and Initial Conference so that discovery may proceed, MOTION by Defendants TaLang Fashion, xintachaoliu for extension of time to file response/reply as to set motion and R&R deadlines/hearings[92], notice of filing[91] (Engel, Adam) |
| Sep 13, 2021 | 92 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants TaLang Fashion and xintachaoliu shall file their opposition to Plaintiff's motion for summary judgment [86] by 9/24/2021. Plaintiff's reply is due by 10/1/2021. (rao, ) |
| Sep 10, 2021 | 86 | motion for summary judgment (3) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for summary judgment and a Statutory Damages Award as to Defendants TaLang Fashion and Xintachaoliu (Gaudio, Justin) |
| Sep 10, 2021 | 87 | memorandum in support of motion (20) Docket Text: MEMORANDUM by Nirvana, L.L.C. in support of motion for summary judgment[86] (Gaudio, Justin) |
| Sep 10, 2021 | 88 | Rule 56 statement (10) Docket Text: RULE 56.1(a)(3) Statement by Nirvana, L.L.C. regarding motion for summary judgment[86] (Gaudio, Justin) |
| Sep 10, 2021 | 89 | Main Document (7) Docket Text: DECLARATION of Allie Shapland regarding Rule 56 statement[88] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Gaudio, Justin) |
| Sep 10, 2021 | 89 | Exhibit 1 (4) |
| Sep 10, 2021 | 89 | Exhibit 2 (4) |
| Sep 10, 2021 | 89 | Exhibit 3 (5) |
| Sep 10, 2021 | 89 | Exhibit 4 (4) |
| Sep 10, 2021 | 89 | Exhibit 5 (10) |
| Sep 10, 2021 | 89 | Exhibit 6 (47) |
| Sep 10, 2021 | 89 | Exhibit 7 (18) |
| Sep 10, 2021 | 90 | Main Document (3) Docket Text: DECLARATION of Isaku M. Begert regarding Rule 56 statement[88] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Begert, Isaku) |
| Sep 10, 2021 | 90 | Exhibit 1 (4) |
| Sep 10, 2021 | 90 | Exhibit 2 (20) |
| Sep 10, 2021 | 90 | Exhibit 3 (62) |
| Sep 10, 2021 | 91 | notice of filing (2) Docket Text: NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for summary judgment and a Statutory Damages Award as to Defendants TaLang Fashion and Xintachaoliu[86] (Gaudio, Justin) |
| Aug 13, 2021 | 83 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendant (Christensen, Jake) |
| Aug 13, 2021 | 84 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant Pudada at Line No. 151 is hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [83] filed by Plaintiff on 8/13/2021. Pudada terminated. (rao, ) |
| Aug 13, 2021 | 85 | order on motion for default judgment (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The motion by defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) (collectively, the "non-defaulting defendants") to set aside entry of default [81] is denied as moot because the court has not entered default against the non-defaulting defendants. See [71] (explicitly excluding TaLang Fashion and xintachaoliu from the court's entry of default pursuant to Rule 55(a)). In light of the non-defaulting defendants' timely objection to the entry of default, plaintiff's motion for entry of default [55] is denied with respect to the non-defaulting defendants. In addition, plaintiff's motion for default judgment as to all defendants [68] is denied as moot because that motion incorrectly assumed that default had been entered against all defendants, including the non-defaulting defendants. As explained above, default has not been entered against TaLang Fashion or xintachaoliu. If plaintiff wishes to move for default judgment against the defaulting defendants even though claims remain pending against the non-defaulting defendants, Plaintiff must file a motion seeking entry of partial final judgment under Federal Rule of Civil Procedure 54(b). Any such motion must explain, citing precedent from this Circuit or the U.S. Supreme Court, why, in plaintiff's view, there is no just reason to delay entry of a final judgment in this case as to fewer than all claims or parties. Any such motion must account for the fact that "requests under Rule 54(b) are granted neither routinely nor as a matter of course." Architectural Floor Prods. Co. v. Don Brann & Assocs. Co., 551 F. Supp. 802, 807 (N.D. Ill. 1982). Moreover, any argument as to why relief is warranted under Rule 54(b) cannot conflict with plaintiff's pleading allegations. See Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A", No. 20-cv-05049 (N.D. Ill.) (Kness, J.), Dkt. 66 at 2 (denying partial final judgment under Rule 54(b) where Plaintiff's complaint alleged that "Defendants are an interrelated group of infringers working in active concert"). (rao, ) |
| Aug 10, 2021 | 77 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant TaLang Fashion by Douglas B. Harper and LOCAL COUNSEL DESIGNATION in compliance with LR83.15 (Harper, Douglas) |
| Aug 10, 2021 | 78 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant xintachaoliu by Douglas B. Harper and LOCAL COUNSEL DESIGNATION in compliance with LR83.15 (Harper, Douglas) |
| Aug 10, 2021 | 79 | memorandum in opposition to motion (5) Docket Text: MEMORANDUM by TaLang Fashion, xintachaoliu in Opposition to motion for default judgment[68] and in support of cross-motion to set aside entry of default (Engel, Adam) |
| Aug 10, 2021 | 80 | answer to complaint (9) Docket Text: ANSWER to Complaint by TaLang Fashion, xintachaoliu(Engel, Adam) |
| Aug 10, 2021 | 81 | motion to set aside (1) Docket Text: MOTION by Defendants TaLang Fashion, xintachaoliu to set aside memorandum in opposition to motion[79] (Engel, Adam) |
| Aug 10, 2021 | 82 | notice of filing (1) Docket Text: NOTICE by xintachaoliu re MOTION by Defendants TaLang Fashion, xintachaoliu to set aside memorandum in opposition to motion[79] [81], memorandum in opposition to motion[79] (Engel, Adam) |
| Aug 3, 2021 | 76 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court construes the status report [75] filed by defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) as a motion for extension of time. So construed, the motion is granted. Defendants TaLang Fashion and xintachaoliu have until 8/10/2021 to answer the complaint, oppose entry of default and default judgment, and to designate local counsel. The court notes that it has already granted defendants numerous extensions of time, and is unlikely to grant any further requests for an extension absent strong cause. (rao, ) |
| Aug 2, 2021 | 75 | status report (1) Docket Text: STATUS Report re: timing to oppose default judgment and appoint local counsel by TaLang Fashion, xintachaoliu (Engel, Adam) |
| Jul 23, 2021 | 71 | order on motion for entry of default (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Apart from defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53), no defendant has appeared in this case. In addition, no defendant has answered the complaint or objected to Plaintiff's motion for entry of default under Federal Rule of Civil Procedure 55(a) [55]. Accordingly, Plaintiff's motion for entry of default under Rule 55(a) [55] is granted with respect to all defendants apart from TaLang Fashion and xintachaoliu. TaLang Fashion and xintachaoliu must advise the court by 8/2/2021 whether they object to the motion for entry of default. As noted in the court's previous order [61], TaLang Fashion and xintachaoliu must also designate a local counsel by that date. (rao, ) |
| Jul 23, 2021 | 72 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default judgment under Federal Rule of Civil Procedure 55(b)(2) [68] must file an appearance and file a written objection by 8/2/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Jul 23, 2021 | 73 | Main Document (17) Docket Text: REPLY by Nirvana, L.L.C. to MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction [31] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3)(Gaudio, Justin) |
| Jul 23, 2021 | 73 | Declaration of Justin R. Gaudio (6) |
| Jul 23, 2021 | 73 | Exhibit 1 (23) |
| Jul 23, 2021 | 73 | Exhibit 2 (24) |
| Jul 23, 2021 | 73 | Exhibit 3 (9) |
| Jul 23, 2021 | 74 | notice of filing (2) Docket Text: NOTICE by Nirvana, L.L.C. re reply to response to motion[73] (Gaudio, Justin) |
| Jul 16, 2021 | 66 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants (Christensen, Jake) |
| Jul 16, 2021 | 67 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants yuanmei123 at Line No. 60 and Chen Lin International Art Deco at Line No. 86 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [66] filed by Plaintiff on 7/16/2021. Chen Lin International Art Deco and yuanmei123 terminated. (rao, ) |
| Jul 16, 2021 | 68 | motion for default judgment (2) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for default judgment as to all Defendants, Including a Request for an Award of Statutory Damages (Gaudio, Justin) |
| Jul 16, 2021 | 69 | Main Document (13) Docket Text: MEMORANDUM by Nirvana, L.L.C. in support of motion for default judgment[68] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jul 16, 2021 | 69 | Declaration of Justin R. Gaudio (2) |
| Jul 16, 2021 | 69 | Exhibit 1 (83) |
| Jul 16, 2021 | 70 | notice of filing (2) Docket Text: NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for default judgment as to all Defendants, Including a Request for an Award of Statutory Damages[68] (Gaudio, Justin) |
| Jul 9, 2021 | 64 | memorandum in opposition to motion (8) Docket Text: MEMORANDUM by TaLang Fashion, xintachaoliu in Opposition to motion for preliminary injunction[31] (Engel, Adam) |
| Jul 9, 2021 | 65 | affidavit in opposition to motion (17) Docket Text: AFFIDAVIT by Defendants TaLang Fashion, xintachaoliu in Opposition to MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction [31] (Engel, Adam) |
| Jul 6, 2021 | 62 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants (Christensen, Jake) |
| Jul 6, 2021 | 63 | order (1) Docket Text: ORDER: Defendants zhangzhoushilongwenquhuituqiehejingyingbu at Line No. 67; YYue Toy store at Line No. 65; and Wei Qingxia at Line No. 177 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [62] filed by Plaintiff on 7/6/2021. Signed by the Honorable Martha M. Pacold on 7/6/2021: Mailed notice(gw, ) |
| Jul 1, 2021 | 58 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendant (Christensen, Jake) |
| Jul 1, 2021 | 59 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant RW43W1JKC7 at Line No. 9 is hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [58] filed by Plaintiff on 7/1/2021. RW43W1JKC7 terminated. (rao, ) |
| Jul 1, 2021 | 60 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. Any defendant objecting to Plaintiff's motion for entry of default and default judgment [55] must enter an appearance and file a written objection by 7/15/2021. If no objections are filed, the court will consider the motion unopposed. Any defendants objecting to entry of default must seek and obtain an extension of time in which to respond to Plaintiff's complaint [1]. (rao, ) |
| Jul 1, 2021 | 61 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to require compliance with Local Rule 83.15 is granted in part. Local Rule 83.15(a) requires that any nonresident attorney must designate "as local counsel a member of the bar of this Court having an office within this District upon whom service of papers may be made." Subsection (b) of that rule provides that, "Where a nonresident attorney tenders documents without the required designation of local counsel, the Clerk shall process them as if the designation were filed and shall promptly notify the attorney in writing that the designation must be made within 30 days. If the attorney fails to file the designation within that time, the documents filed by the attorney may be stricken by the court." Accordingly, the court will strike any documents filed by counsel for defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53), unless these defendants designate a local counsel pursuant to Local Rule 83.15 by 8/2/2021. (rao, ) |
| Jun 29, 2021 | 53 | other (3) Docket Text: Motion To Require Compliance With Local Rule 83.15 by Nirvana, L.L.C. (Gaudio, Justin) |
| Jun 29, 2021 | 54 | notice of filing (2) Docket Text: NOTICE by Nirvana, L.L.C. re other[53] (Gaudio, Justin) |
| Jun 29, 2021 | 55 | motion for entry of default (2) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for entry of default against all Defendants (Gaudio, Justin) |
| Jun 29, 2021 | 56 | Main Document (6) Docket Text: MEMORANDUM by Nirvana, L.L.C. in support of motion for entry of default[55] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jun 29, 2021 | 56 | Declaration of Justin R. Gaudio (2) |
| Jun 29, 2021 | 56 | Exhibit 1 (83) |
| Jun 29, 2021 | 57 | notice of filing (2) Docket Text: NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for entry of default against all Defendants[55] (Gaudio, Justin) |
| Jun 28, 2021 | 52 | order on motion for extension of time to file response/reply (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time [51] filed by Defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) is granted. Defendants TaLang Fashion and xintachaoliu shall file their opposition to Plaintiff's motion for preliminary injunction [31] by 7/9/2021. Plaintiff's reply is due by 7/23/2021. (rao, ) |
| Jun 25, 2021 | 49 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants (Christensen, Jake) |
| Jun 25, 2021 | 50 | order (1) Docket Text: ORDER: Defendant XH-KEJI at Line No. 45 and xiaofenyi at Line No. 48 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [49] filed by Plaintiff on 6/25/2021. Signed by the Honorable Martha M. Pacold on 6/25/2021. Mailed notice (lma, ) |
| Jun 25, 2021 | 51 | motion for extension of time to file response/reply (4) Docket Text: MOTION by Defendants TaLang Fashion, xintachaoliu for extension of time to file response/reply as to motion for preliminary injunction[31], set motion and R&R deadlines/hearings, [47] (Engel, Adam) |
| Jun 17, 2021 | 46 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants (Christensen, Jake) |
| Jun 17, 2021 | 47 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: In accordance with the parties' joint status report [45], Defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) shall file their opposition to Plaintiff's motion for preliminary injunction [31] by 6/25/2021. Plaintiff to reply by 7/9/2021. (rao, ) |
| Jun 17, 2021 | 48 | order (1) Docket Text: ORDER: Defendants shanghaishixuhuiuyingyingshipinjingyingbu at Line No. 13; SmartBase at Line no. 24; Wenyisign at Line No. 35; DICHQTET at Line No. 93; and Tios Artstore at Line No. 169 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [46] filed by Plaintiff on 6/17/2021. Signed by the Honorable Martha M. Pacold on June 17, 2021. Mailed notice (ph, ) |
| Jun 14, 2021 | 44 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant wish dandelion at Line No. 36 is hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [43] filed by Plaintiff on 6/11/2021. (rao, ) |
| Jun 14, 2021 | 45 | status report (1) Docket Text: STATUS Report re: briefing schedule for opposition to PI motion by TaLang Fashion, xintachaoliu (Engel, Adam) |
| Jun 11, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Qitianly, QuanShanheZiXunFuWuZhongXin, Quennall, Redbone, Rhiannon M Forrester, rijinwangluokeji, rongrongfanbuhua, RuiChengXianYuanKanBaiHuoDian, RW43W1JKC7, sczswdawd, shandonghuile, shandongjin zhijiaoyuzixunyouxiangongsi, shanghaishixuhuiuyingyingshipinjingyingbu, shenghewangdian, ShenZhenShiJingChenWuLiuYouXianGongSi, shenzhenshishuotucaijiancaiyouxiangongsi, ShiNanQuWeiSiKeYinPinDian, shz-art23, shzlsc, shzMSFun, shzzzw, SiyuStore, Sloth cabin, SmartBase, Smile sweater, songshangting, SRXA, SSOI, taizhouxintiandianzishangwuyouxiangongsi, TaLang Fashion, tendaus, ttTieDongQuXiaoShiDaiShuiGuoLaoDian, wangliliming, WeiFangGuYuShangWuFuWuZhongXin, Wenyisign, WLeeSea, WU from American, wu yongbianxvfsdfes, wuhuanposhangmao, wulunshiguanerdaihaishifuerdai, WW0FQKXB, xcfghdfhdr, Xchsd Best, XH-KEJI, xianci, xianshixinchengquniaoyuhuaxiangshangmaodian, xiaofenyi, xiaogangbaihuocheng, xiapuxianxiayaofuzhuangjingying, xingchengshihongdechengriyongbaihuoshangdian, XinRuiF, xintachaoliu, yanpingqupidiaobaihuodian, YCHCCS, YingY software, YINUOCICI-2, yixiuge3388, YouOneDay, yuanmei123, yuanpuwangluokeji, Yumman, yun nan hong dun xin xi ji shu you xian gong si, yuyanshangmaoyouxiangongsi, YYue Toy store, zhang-art, zhangzhoushilongwenquhuituqichejingyingbu, zhaohaikun, zhaoyuanshiqingcaibizhixiaoshoubu, zhengzhoujiuliangguanggaoyouxiangongsi, zhenhuanriyongbaihuojiancai, zhijianyouhuo us, ZK kitchen, 244-shengchengkejiyouxiangongsi, Azerbon, BaiQuanXianLiZiTuShuShangXing, BeiJingAnMingHongWuYeGuanLiYouXianGongSi, binhuaishangmao, Bloom-Mousse, Bo Pengtao, BVFSDF, bzzb, cai wencai's, CaiXuanYuanErQiDian, Celebrity girl, Chen Lin International Art Deco, chengduyuejianhongshangmaoyouxiangongsi, CHOUHUIHUI, Chun Ming Li, CLEARNICES, cwling00, dgfhcvbc, DICHQTET, Dida Technology, Douyinhuliacy, Dunrangas, Eliquxiang, Euphuizeasking, fengcaimaoyi, Fire Poster, FuZhouShiCangShanQuShiDaiJiaJuShangHang, ganpo(xiamen)jianzhugongchengyouxiangongsi, gaotangxianliandabaihuolingshoudian, GOUGESS, gshanhuagongkejiyou, GSsenxu, guangzhoucaichengmaoyiyouxiangongsi, guangzhoufashuowangluokejiyouxiangongsi, GWULONG, hangzhoulin, hengchangjiandianzi, HirrWill, HJC280036, hongfengus, HuangwuStore, huarenjie, HYH7100628, HYY634522, HYY70064803, HZH7108226, ilianshuixianyajixiaochidian, James C Ensign, Jarovise, JiaoZhouShiNanBeiLaiYinXiangShuDian, jiaozuoshizhongzhanquyiguangluzheerzhajidianshop, Jingucixilon, JiRuixue, JiShuChanYeKaiFaQuXuRiTongXunYingYeTing, KeDong, KINGAM, KINGSMG, leijinbaozhuangcailiao, LEOJIM21, lichengqudiaobaihuodian, LINGCHENART, Lingshan Business, LINSDHE, longjia917024, LOVEFC8, LPQ20197976, LXG643215, Meet-B, MinRuiRui, Mr. Super's shop, MXQ710082, Ningqing Sports, NSGNTB, Painted Art Club, PANCJMAKA, Poeiruo, Pudada, qierkamanjixiepeijian, qinghaidingzhen, qiulijiancaibu, ranyuemaoyi, RRDHNRTGHF Online, Scarboroughcame, shalushangmaoshanghang, shangshihua1, ShanXiJinTongLiDianZiKeJiYouXianGongSi, shanxixinjietiankejiyouxiangongsi, Shenzhen Yijiaren, ShenZhenShiChenYiShunKeJiYouXianGongSi, shuozhoushikaifaquguoruibaihuodian, shzronin, Sichuan Asier Trading Co., LTD, soukashangmaoshanghang, tianyangmaoyi, Tios Artstore, TLNPU, Tongzhilian, TZDQOAS, UYT58FDSHYWUIR, vxcsadfas, wang qiang shop, Wedany, Wei Qingxia, WeiFangFangJianDianZiYouXianGongSi, WLG108622, WSJ641008, WXM203942, xenixra, XuChangJingJiJiShuKaiFaQuZhongLianBangDianNao, XuZhouShuangShengShangMaoYouXianGongSi, xxhhttgg, XXK702301, Yibo engineering hoisting, YOLEMONmax, YOUR COLORFUL CITY, Yunxiangshang, zaixianxiao, zhong anqing's, fujiandapingwangluokejiyouxiangongsi, Violet Evergarden, 1tongshanxiannazhanbaihuodian, An old street with fireworks, Dani-House, Dibe guu, Fengyandexiaoshangdian, flying man, hongxinwujinzhipinjingyingbu, Lgfder, Lin Amei, xiheng maoyi, Amdi Rouu, AYBNH, Baofeng Electronic Office, CAI HAN LIANG, chen1224 and Convenies added to case caption. (Ziegler, Amy) |
| Jun 11, 2021 | 43 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendant (Christensen, Jake) |
| Jun 9, 2021 | 40 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) have indicated that they may object to the motion for a preliminary injunction and have requested an extension of time in which to do so. See [36], [39]. That request is granted. As to defendants TaLang Fashion and xintachaoliu, the motion for a preliminary injunction [31] is continued. As proposed in the status report [39], the parties are directed to file another status report by 6/14/2021 explaining how they plan to proceed. As to all other defendants except for defendants TaLang Fashion and xintachaoliu: No other defendant filed an objection to the motion for preliminary injunction. Thus, the motion for preliminary injunction [31] is granted as to all defendants except for defendants TaLang Fashion and xintachaoliu. As to all defendants except for defendants TaLang Fashion and xintachaoliu, a preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. 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, ) |
| Jun 9, 2021 | 41 | preliminary injunction (17) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/9/2021:(rao, ) |
| Jun 9, 2021 | 42 | 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 6/9/2021. Mailed notice(mc, ) |
| Jun 8, 2021 | 39 | status report (2) Docket Text: STATUS Report by The Partnerships and Unincorporated Associations Identified on Schedule "A" (Engel, Adam) |
| Jun 4, 2021 | 38 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The joint proposed briefing schedule described in this court's 5/25/2021 minute entry [37], along with the names of defense counsel's two clients, is due by 6/8/2021. (rao, ) |
| May 25, 2021 | 37 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the motion by counsel for certain defendants for an extension of time [36]. Plaintiff and counsel for defendants are directed to confer and submit a joint proposed briefing schedule to this court's Proposed Order Inbox in accordance with the court's motion procedures. The joint motion must identify which two defendants defense counsel is representing. (rao, ) |
| May 24, 2021 | 35 | attorney appearance (2) Docket Text: ATTORNEY Appearance for Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" by Adam Edward Engel (Engel, Adam) |
| May 24, 2021 | 36 | extension of time (2) Docket Text: MOTION by Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" for extension of time (Engel, Adam) |
| May 14, 2021 | 34 | 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 [31] under advisement and will consider the motion unopposed if no defendant appears and objects by 5/24/2021. (rao, ) |
| May 13, 2021 | 31 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction (Gaudio, Justin) |
| May 13, 2021 | 32 | Main Document (6) Docket Text: MEMORANDUM by Nirvana, L.L.C. in support of motion for preliminary injunction[31] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| May 13, 2021 | 32 | Declaration of Justin R. Gaudio (2) |
| May 13, 2021 | 32 | Exhibit 1 (32) |
| May 13, 2021 | 33 | notice of filing (2) Docket Text: NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction [31] (Gaudio, Justin) |
| May 11, 2021 | 30 | Main Document (2) Docket Text: SUMMONS Returned Executed by Nirvana, L.L.C. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/11/2021, answer due 6/1/2021. (Attachments: # (1) Declaration of Isaku Begert)(Begert, Isaku) |
| May 11, 2021 | 30 | Declaration of Isaku Begert (2) |
| May 10, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (mxo, ) |
| Apr 30, 2021 | 28 | 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 until 5/18/2021 [25] is granted. (rao, ) |
| Apr 30, 2021 | 29 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/30/2021:(rao, ) |
| Apr 29, 2021 | 25 | extension of time (1) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Apr 29, 2021 | 26 | Main Document (2) Docket Text: MEMORANDUM by Nirvana, L.L.C. in support of extension of time[25] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Apr 29, 2021 | 26 | Declaration of Justin R. Gaudio (1) |
| Apr 29, 2021 | 27 | notice of filing (1) Docket Text: NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for extension of time of Temporary Restraining Order[25] (Gaudio, Justin) |
| Apr 23, 2021 | 24 | bond (1) Docket Text: SURETY BOND in the amount of $10,000.00 posted by Nirvana, L.L.C. (Document not Scanned). (sxb, ) |
| Apr 20, 2021 | 22 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions ([3], [11], [16]), the supporting memoranda ([12], [17]) and the temporary restraining order, Plaintiff's motions for electronic service of process [16], for leave to file under seal [3], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [11] are 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 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, ) |
| Apr 20, 2021 | 23 | document sealed (15) Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/20/2021:(rao, ) |
| Apr 15, 2021 | 11 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| Apr 15, 2021 | 12 | memorandum in support of motion (16) Docket Text: MEMORANDUM by Nirvana, L.L.C. in support of motion for temporary restraining order[11] (Gaudio, Justin) |
| Apr 15, 2021 | 13 | Main Document (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Apr 15, 2021 | 13 | Exhibit 1 (6) |
| Apr 15, 2021 | 13 | Exhibit 2 (3) |
| Apr 15, 2021 | 13 | Exhibit 3 (62) |
| Apr 15, 2021 | 13 | Exhibit 4 (64) |
| Apr 15, 2021 | 14 | Main Document (13) Docket Text: DECLARATION of Eric Gelwicks regarding memorandum in support of motion[12] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) |
| Apr 15, 2021 | 14 | Exhibit 1 (11) |
| Apr 15, 2021 | 15 | Main Document (1) Docket Text: EXHIBIT by Plaintiff Nirvana, L.L.C. Exhibit 2 - Parts 1 - 9 regarding declaration[14] (Attachments: # (1) Exhibit 2-1, # (2) Exhibit 2-2, # (3) Exhibit 2-3, # (4) Exhibit 2-4, # (5) Exhibit 2-5, # (6) Exhibit 2-6, # (7) Exhibit 2-7, # (8) Exhibit 2-8, # (9) Exhibit 2-9)(Gaudio, Justin) Modified on 6/9/2021 (mc, ). |
| Apr 15, 2021 | 15 | Exhibit 2-1 (322) |
| Apr 15, 2021 | 15 | Exhibit 2-2 (348) |
| Apr 15, 2021 | 15 | Exhibit 2-3 (348) |
| Apr 15, 2021 | 15 | Exhibit 2-4 (325) |
| Apr 15, 2021 | 15 | Exhibit 2-5 (320) |
| Apr 15, 2021 | 15 | Exhibit 2-6 (321) |
| Apr 15, 2021 | 15 | Exhibit 2-7 (348) |
| Apr 15, 2021 | 15 | Exhibit 2-8 (348) |
| Apr 15, 2021 | 15 | Exhibit 2-9 (258) |
| Apr 15, 2021 | 16 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff Nirvana, L.L.C.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| Apr 15, 2021 | 17 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Nirvana, L.L.C. in support of motion for miscellaneous relief[16] (Gaudio, Justin) |
| Apr 15, 2021 | 18 | Main Document (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Apr 15, 2021 | 18 | Exhibit 1 (11) |
| Apr 15, 2021 | 18 | Exhibit 2 (23) |
| Apr 15, 2021 | 19 | notice of filing (2) Docket Text: NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for leave to file under seal[3], MOTION by Plaintiff Nirvana, L.L.C. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[11], MOTION by Plaintiff Nirvana, L.L.C.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [16] (Gaudio, Justin) |
| Apr 15, 2021 | 20 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nirvana, L.L.C. (Gaudio, Justin) |
| Apr 15, 2021 | 21 | other (4) Docket Text: Notice of Claims Involving Trademarks by Nirvana, L.L.C. (Gaudio, Justin) |
| Apr 14, 2021 | 9 | Main Document (1) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA (Attachments: # (1) (List of Trademarks)) (ph, ) |
| Apr 14, 2021 | 9 | (List of Trademarks) (11) |
| Apr 14, 2021 | 10 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) |
| Apr 13, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (cp, ) |
| Apr 13, 2021 | 1 | Main Document (17) Docket Text: COMPLAINT filed by Nirvana, L.L.C.; Filing fee $ 402, receipt number 0752-18120700. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Gaudio, Justin) |
| Apr 13, 2021 | 1 | Exhibit 1 (11) |
| Apr 13, 2021 | 1 | Exhibit 2 (6) |
| Apr 13, 2021 | 1 | Exhibit 3 (48) |
| Apr 13, 2021 | 1 | Exhibit 4 (55) |
| Apr 13, 2021 | 2 | exhibit (8) Docket Text: EXHIBIT by Plaintiff Nirvana, L.L.C. Schedule A regarding complaint[1] (Gaudio, Justin) Modified on 6/9/2021 (mc, ). |
| Apr 13, 2021 | 3 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Nirvana, L.L.C. for leave to file under seal (Gaudio, Justin) |
| Apr 13, 2021 | 4 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Apr 13, 2021 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Nirvana, L.L.C. by Justin R. Gaudio (Gaudio, Justin) |
| Apr 13, 2021 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Nirvana, L.L.C. by Amy Crout Ziegler (Ziegler, Amy) |
| Apr 13, 2021 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Nirvana, L.L.C. by Jake Michael Christensen (Christensen, Jake) |
| Apr 13, 2021 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Nirvana, L.L.C. by Isaku Begert (Begert, Isaku) |
