Case number 1:23-cv-02701
SoClean, Inc. v. Does 1-292, As Identified in Exhibit 2 > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Apr 16, 2024 | 110 | RETURN of U.S. Post Office receipt article no. 9590 9402 8057 2349 7397 42. (Received by mail in the Clerk's Office on 04/16/2024) (rp, ) (Entered: 04/16/2024) (2) |
| Apr 2, 2024 | 108 | ORDER: Plaintiff's memorandum 107 satisfies the court's order 104 by stating individualized damages (and the bases for the damages) for four remaining appearing defendants AEXTED, Aulexma direct, LAQRITE, and TurbClean (four defendants). Plaintiff moves for default judgment against the four defendants. The four defendants have not responded to plaintiff's preliminary injunction motion by the deadline set in order 96 , appeared at status hearings, see 94 , 104 , or responded to plaintiff's motion for sanctions 91 , which was granted in order 104 . Furthermore, default was entered against all non-appearing defendants and the four defendants in the 3/21/24 order 104 , which granted the motion for default judgment 56 in part, but the four defendants have still failed to defend this action. And no other remaining defendants have appeared or objected to the motion for default judgment. Thus, motion 56 and motion 107 are hereby granted in full. 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 individualized to each defendant as tabulated in this order, 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 remaining 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 Keener and Associates, P.C., 161 N. Clark St. Suite 1600, Chicago, IL 60601, via certified mail. Enter Final Default Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 4/2/2024. Mailed notice (aee, ) (Entered: 04/02/2024) (1) |
| Apr 2, 2024 | 109 | FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 4/2/2024. Mailed notice (aee, ) (Entered: 04/02/2024) (17) |
| Apr 1, 2024 | 107 | MEMORANDUM order on motion for default judgment,,,,, order on motion for sanctions,,,,, order on motion for preliminary injunction,,,,, status hearing,,,,, motion hearing,,,,, set deadlines,,,, 104 by SoClean, Inc. (Attachments: # 1 Declaration of Kevin Keener, # 2 Exhibit 1 to Declaration of Kevin Keener- part 3 of 19, # 3 Exhibit 2 to Declaration of Kevin Keener, # 4 Exhibit 3 to Declaration of Kevin Keener, # 5 Exhibit 4 to Declaration of Kevin Keener, # 6 Exhibit 5 to Declaration of Kevin Keener, # 7 Exhibit 6 to Declaration of Kevin Keener)(Keener, Kevin) (Entered: 04/01/2024) (0) |
| Mar 21, 2024 | 104 | MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 3/21/24. Counsel for plaintiff appeared. Plaintiff's motion for preliminary injunction 18 is granted. Enter preliminary injunction. Plaintiff's motion for entry of default against all non-appearing defendants 56 is granted in part, in that default is entered against all non-appearing defendants 102 under Rule 55(a), and continued in part, to the extent that the motion requests default judgment under Rule 55(b). Plaintiff's motion for discovery sanctions under FRCP 37(c) 91 is granted. For the reasons stated on the record, the court hereby enters default against defendants Aulexma Direct, TurbClean, AEXTED, and LAQRITE under Rule 55(a) (for failure to defend this action) and FRCP 37(c) (as a discovery sanction). Plaintiff to submit a supplemental memorandum in support of its request for damages (and for default judgment under Rule 55(b)) as to defendants Aulexma Direct, TurbClean, AEXTED, and LAQRITE. Plaintiff to file a status report by 4/4/24 updating the court on the status of the case unless the supplemental memorandum regarding damages (and default judgment) has been filed. (rao, ) (Entered: 03/21/2024) (1) |
| Mar 21, 2024 | 105 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/21/2024: (rao, ) (Entered: 03/21/2024) (21) |
| Mar 21, 2024 | 106 | ORDER: Haipeng Xiao's motion to withdraw as counsel for Aulexma Direct, TurbClean, AEXTED, and LAQRITE 100 is granted. Haipeng Xiao terminated. Signed by the Honorable Martha M. Pacold on 3/21/2024. Mailed notice (aee, ) (Entered: 03/21/2024) (1) |
| Mar 15, 2024 | 103 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A 101 is granted. Defendant No. 102 cleancpap-net is dismissed. Plaintiff has already filed the amended Schedule A on the docket 102 . Mailed notice. (jg, ) (Entered: 03/15/2024) (1) |
| Mar 14, 2024 | 101 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 03/14/2024) (1) |
| Mar 14, 2024 | 102 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 03/14/2024) (6) |
| Mar 10, 2024 | 100 | MOTION by Attorney Haipeng Xiao to withdraw as attorney for AEXTED, Aulexma Direct, LAQRITE, TurbClean. No party information provided (Xiao, Haipeng) (Entered: 03/10/2024) (3) |
| Mar 8, 2024 | 98 | MEMORANDUM by SoClean, Inc. in support of motion for default judgment 56 (Attachments: # 1 Declaration of Kevin Keener, # 2 Exhibit 1 to Declaration of Kevin Keener, # 3 Exhibit 2 to Declaration of Kevin Keener)(Keener, Kevin) (Entered: 03/08/2024) (0) |
| Mar 8, 2024 | 99 | CERTIFICATE of Service by Plaintiff SoClean, Inc. regarding memorandum in support of motion 98 (Keener, Kevin) (Entered: 03/08/2024) (1) |
| Mar 5, 2024 | 97 | CERTIFICATE of Service by Plaintiff SoClean, Inc. regarding order on motion to continue,,,,,, order on motion for preliminary injunction,,,,,, order on motion for miscellaneous relief,,,,,, status hearing,,,,,, terminate hearings,,,,,, set/reset hearings,,,,, 96 (Keener, Kevin) (Entered: 03/05/2024) (1) |
| Feb 29, 2024 | 95 | MOTION by Plaintiff SoClean, Inc. to continue preliminary injunction motion (Keener, Kevin) (Entered: 02/29/2024) (2) |
| Feb 28, 2024 | 96 | MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 2/28/24. Counsel for plaintiff and counsel for Defendant Choice One Medical d/b/a CPAP Life appeared. (1) Defendant CPAP Life was dismissed on 5/30/23. See 23 , 24 , and 27 . Defendant ChoiceOne's (CPAP Life's) opposed motion to recover SoClean's TRO Bond 28 is denied as moot pursuant to the parties' agreement. (2) Plaintiff's motion for entry of a preliminary injunction 18 is entered and continued until the 3/21/24 hearing; plaintiff's motion 95 is granted. (3) Plaintiff's supplemental brief in support of its motion for entry of default and default judgment 56 is due by 3/8/24. Defendants' response is due by 3/15/24. (4) Defendants Aulexma Direct, TurbClean, AEXTED, and LAQRITE's responses to plaintiff's motion for discovery sanctions under FRCP 37(c) 91 are due by 3/15/24. (5) Plaintiff is directed to serve this order on all defendants and file a certificate of service on the docket. (6) Telephone status hearing continued to 3/21/24 at 9:05 a.m. CST. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. (rao, ) (Entered: 03/04/2024) (1) |
| Feb 13, 2024 | 94 | MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing set for 2/28/2024 at 9:15 a.m. Parties should be prepared to discuss the status of the case (including the motions for preliminary injunction, default judgment, sanctions, and to recover TRO bond), scheduling matters, and the status of settlement. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. (rao, ) (Entered: 02/13/2024) (1) |
| Dec 28, 2023 | 93 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023) (1) |
| Dec 19, 2023 | 90 | RESPONSE by Plaintiff SoClean, Inc. to set deadlines,,, 86 regarding joinder (Attachments: # 1 Certificate of Service)(Keener, Kevin) (Entered: 12/19/2023) (0) |
| Dec 19, 2023 | 91 | MOTION by Plaintiff SoClean, Inc. for sanctions against Defendants Aulexma Direct, TurbClean, AEXTED, and LAQRITE (Attachments: # 1 Declaration of Kevin Keener, # 2 Exhibit 1 to Declaration of Kevin Keener, # 3 Exhibit 2 to Declaration of Kevin Keener, # 4 Exhibit 3 to Declaration of Kevin Keener, # 5 Exhibit 4 to Declaration of Kevin Keener, # 6 Exhibit 5 to Declaration of Kevin Keener)(Keener, Kevin) (Entered: 12/19/2023) (0) |
| Dec 19, 2023 | 92 | STATUS Report by SoClean, Inc. (Keener, Kevin) (Entered: 12/19/2023) (3) |
| Dec 7, 2023 | 89 | CERTIFICATE of Service by Kevin John Keener on behalf of SoClean, Inc. regarding order on motion to compel,, text entry, 88 (Keener, Kevin) (Entered: 12/07/2023) (1) |
| Dec 5, 2023 | 87 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A 84 is granted. Defendant No. 50 Heathorn Electronic Technology Co., Ltd is dismissed with prejudice and each party shall bear its own attorney's fees and costs. Plaintiff has already filed an amended Schedule A 85 . (rao, ) (Entered: 12/05/2023) (1) |
| Dec 5, 2023 | 88 | MINUTE entry before the Honorable Martha M. Pacold: Defendant Heathorn Electronic Technology Co., Ltd's motion to compel notice 80 is granted. By 12/8/23, plaintiff is directed to serve Amazon with notice of the dismissal of Defendant No. 50 Heathorn Electronic Technology Co., Ltd 87 , and file a certificate of service on the docket. (rao, ) (Entered: 12/05/2023) (1) |
| Dec 4, 2023 | 86 | MINUTE entry before the Honorable Martha M. Pacold: By 12/19/2023, in the case should file a joint status report with an update on the status of all remaining defendants in the case (i.e., which defendants have not appeared, which have been dismissed, and which have appeared), any pending motions and to which defendants those motion(s) relate, any defendants that have answered and whether the parties are prepared to proceed with discovery as to those defendants, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise. 2. Separately, by 4:00 p.m. CT on 12/19/23, plaintiff should show cause why joinder is proper under 35 U.S.C. § 299, and any appearing defendants, if they choose, may file a simultaneous brief on joinder (of no more than 15 pages total among all defendants). (rao, ) (Entered: 12/04/2023) (1) |
| Nov 28, 2023 | 84 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 11/28/2023) (1) |
| Nov 28, 2023 | 85 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 11/28/2023) (6) |
| Nov 17, 2023 | 83 | RESPONSE by SoClean, Inc.in Opposition to MOTION by Defendant Heathorn Electronic Technology Co., Ltd to compel Notice to Amazon 80 (Attachments: # 1 Declaration of Kevin Keener, # 2 Exhibit 1 to Declaration of Kevin Keener, # 3 Exhibit 2 to Declaration of Kevin Keener, # 4 Exhibit 3 to Declaration of Kevin Keener)(Keener, Kevin) (Entered: 11/17/2023) (0) |
| Nov 15, 2023 | 82 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file by 11/17/2023 any response to defendant Heathorn Electronic Technology co., Ltd's motion to compel notice to Amazon 80 . (rao, ) (Entered: 11/15/2023) (1) |
| Nov 14, 2023 | 81 | MINUTE entry before the Honorable Martha M. Pacold: Defendant Heathorn Electronic Technology Co., Ltd.'s amended motion for extension of time 79 is granted. Defendant Heathorn Electronic Technology Co., Ltd.'s motion for extension of time 78 is stricken. Defendant Heathorn Electronic Technology Co., Ltd.'s response to the complaint is due by 11/29/2023. (rao, ) (Entered: 11/14/2023) (1) |
| Nov 10, 2023 | 80 | MOTION by Defendant Heathorn Electronic Technology Co., Ltd to compel Notice to Amazon (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Urbanczyk, Adam) (Entered: 11/10/2023) (0) |
| Nov 8, 2023 | 78 | MOTION by Defendant Heathorn Electronic Technology Co., Ltd for extension of time (Urbanczyk, Adam) (Entered: 11/08/2023) (2) |
| Nov 8, 2023 | 79 | MOTION by Defendant Heathorn Electronic Technology Co., Ltd for extension of time Amended (Urbanczyk, Adam) (Entered: 11/08/2023) (2) |
| Oct 30, 2023 | 77 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for leave to amend Schedule A 72 , 74 are granted. 33 chrisyangmall888, 63 Meawinmall88, 74 Quanquan Shop, 75 Rescare, 32 BeUShine66, 39 Creativeonline, 45 Guywell21, 94 17wholesale, 115 hlxcauto and 316 huilitech terminated. (rao, ) (Entered: 10/30/2023) (1) |
| Oct 27, 2023 | 76 | STATUS Report by SoClean, Inc. (Keener, Kevin) (Entered: 10/27/2023) (4) |
| Oct 25, 2023 | 72 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 10/25/2023) (2) |
| Oct 25, 2023 | 73 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 10/25/2023) (6) |
| Oct 25, 2023 | 74 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 10/25/2023) (1) |
| Oct 25, 2023 | 75 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 10/25/2023) (6) |
| Oct 20, 2023 | 71 | MINUTE entry before the Honorable Martha M. Pacold: Defendant Heathorn Electronic Technology Co., Ltd.'s motion for extension of time 70 is granted. Defendant Heathorn Electronic Technology Co., Ltd.'s response to the complaint is due by 11/8/2023. (rao, ) (Entered: 10/20/2023) (1) |
| Oct 18, 2023 | 70 | MOTION by Defendant Heathorn Electronic Technology Co., Ltd for extension of time (Urbanczyk, Adam) (Entered: 10/18/2023) (2) |
| Oct 15, 2023 | 69 | MINUTE entry before the Honorable Martha M. Pacold: By 10/27/2023, plaintiff and any appearing defendants that remain in the case should file a joint status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise). (rao, ) (Entered: 10/15/2023) (1) |
| Oct 12, 2023 | 68 | MEMORANDUM by SoClean, Inc. in support of motion for default judgment 56 (Attachments: # 1 Certificate of Service)(Keener, Kevin) (Entered: 10/12/2023) (0) |
| Oct 3, 2023 | 67 | MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time to answer or otherwise plead 66 is granted. Defendants No. 32 BeUShine66, No. 33 chrisyangmall888, No. 39 Creativeonline, No. 45 Guywell21, No. 63 Meawinmall88, No. 74 Quanquan Shop, No. 94 17wholesale, No. 115 hlxcauto, No. 316 huilitech, and No. 75 Rescare to answer or otherwise plead by 10/20/2023. (rao, ) (Entered: 10/03/2023) (1) |
| Sep 29, 2023 | 62 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of default and default judgment 56 is taken under advisement. By 10/12/2023, Plaintiff is directed to file a supplemental brief of no more than 10 pages addressing whether default judgment against some but not all defendants is appropriate under Federal Rule of Civil Procedure 54(b) and the principles articulated in Frow v. De La Vega, 82 U.S. 552 (1872). See Arwa Chiropractic, P.C. v. Med-Care Diabetic and Medical Supplies, Inc., 961 F.3d 942, 950-52 (7th Cir. 2020); VLM Food Trading Int'l, Inc. v. Illinois Trading Co., 811 F.3d 247, 256 n.6 (7th Cir. 2016); Marshall & Ilsley Trust Co. v. Pate, 819 F.2d 806, 811-12 (7th Cir. 1987); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257-58 (7th Cir. 1980); Krakow Bus. Park v. Locke Lord, LLP, 135 F. Supp. 3d 770, 783 (N.D. Ill. 2015), aff'd sub nom. Domanus v. Locke Lord LLP, 847 F.3d 469 (7th Cir. 2017). Any other party who wishes to file a brief on this point is free to do so by the same deadline. Plaintiff is directed to serve this order on defendants and file a certificate of service on the docket. (rao, ) (Entered: 09/29/2023) (1) |
| Sep 29, 2023 | 63 | MINUTE entry before the Honorable Martha M. Pacold: Defendant Heathorn Electronic Technology Co., Ltd.'s motion for an extension of time 61 is granted. Defendant Heathorn Electronic Technology Co., Ltd.'s response to the complaint is due by 10/18/2023. (rao, ) (Entered: 09/29/2023) (1) |
| Sep 29, 2023 | 64 | CERTIFICATE of Service of Docket No. 62 by Kevin John Keener on behalf of SoClean, Inc. regarding order on motion for default judgment,,,,, text entry,,,, 62 (Keener, Kevin) (Entered: 09/29/2023) (1) |
| Sep 29, 2023 | 65 | ATTORNEY Appearance for Defendants Doe 32 BeUShine66, Doe 33 chrisyangmall888, Doe 39 Creativeonline, Doe 45 Guywell21, Doe 63 Meawinmall88, Doe 74 Quanquan Shop, Doe 94 17wholesale, Doe 115 hlxcauto, Doe 316 huilitech, Doe 75 Rescare by Christopher Paul Keleher (Keleher, Christopher) (Entered: 09/29/2023) (1) |
| Sep 29, 2023 | 66 | MOTION by Defendants Doe 115 hlxcauto, Doe 316 huilitech, Doe 33 chrisyangmall888, Doe 63 Meawinmall88, Doe 74 Quanquan Shop, Doe 75 Rescare, Doe 32 BeUShine66, Doe 39 Creativeonline, Doe 45 Guywell21, Doe 94 17wholesale for extension of time to file answer regarding complaint 1 AGREED (Keleher, Christopher) (Entered: 09/29/2023) (3) |
| Sep 27, 2023 | 58 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 54 is granted. Defendants No. 94 azdental2020 and No. 196 JWYN are terminated. Plaintiff has already filed an amended Schedule A on the docket 55 . (rao, ) (Entered: 09/27/2023) (1) |
| Sep 27, 2023 | 59 | ATTORNEY Appearance for Defendant Heathorn Electronic Technology Co., Ltd by Adam Edward Urbanczyk (Urbanczyk, Adam) (Entered: 09/27/2023) (1) |
| Sep 27, 2023 | 60 | STATUS Report by SoClean, Inc. (Keener, Kevin) (Entered: 09/27/2023) (3) |
| Sep 27, 2023 | 61 | MOTION by Defendant Heathorn Electronic Technology Co., Ltd for extension of time (Urbanczyk, Adam) (Entered: 09/27/2023) (2) |
| Sep 25, 2023 | 54 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 09/25/2023) (1) |
| Sep 25, 2023 | 55 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 09/25/2023) (7) |
| Sep 25, 2023 | 56 | MOTION by Plaintiff SoClean, Inc. for default judgment as to Non-Answering Defendants (Keener, Kevin) (Entered: 09/25/2023) (2) |
| Sep 25, 2023 | 57 | MEMORANDUM by SoClean, Inc. in support of motion for default judgment 56 (Attachments: # 1 Declaration of Kevin Keener, # 2 Exhibit 1 to Declaration of Kevin Keener, # 3 Exhibit 2 to Declaration of Kevin Keener, # 4 Exhibit 3 to Declaration of Kevin Keener, # 5 Certificate of Service)(Keener, Kevin) (Entered: 09/25/2023) (0) |
| Sep 13, 2023 | 53 | MINUTE entry before the Honorable Martha M. Pacold: By 9/27/2023, plaintiff and any appearing defendants that remain in the case shall file a status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise). (rao, ) (Entered: 09/13/2023) (1) |
| Aug 24, 2023 | 52 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 50 is granted. Defendant No. 75 RWN Premium Brands Corp is terminated. Plaintiff has already filed an amended Schedule A on the docket 51 . Mailed notice. (jlj, ) (Entered: 08/24/2023) (1) |
| Aug 23, 2023 | 49 | ATTORNEY Appearance for Defendant RWN Premium Brands by Erin Kathryn Russell (Russell, Erin) (Entered: 08/23/2023) (1) |
| Aug 23, 2023 | 50 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 08/23/2023) (1) |
| Aug 23, 2023 | 51 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 08/23/2023) (6) |
| Aug 18, 2023 | 48 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 46 is granted. Defendants No. 93 allguest; No. 149 universaldirectbrands; No. 163 Caicai Dry goods shop; No. 165 chiccollector; No. 166 chineon; No. 171 DongNanNan; No. 172; Dream Garden; No. 182 FY Trading; No. 183 Geyunshane; No. 190 Holala; No. 193 Isfang; No. 197 Laint1; No. 207 Maosheng; No. 208 Markxj; No. 218 pumio; No. 221 seablueee; No. 222 shenzhenmanmanrimaokejiyouxiangongsi; and No. 223 Shhssvv; No. 225 SSHY are terminated. Plaintiff has already filed an amended Schedule A on the docket 47 . (rao, ) (Entered: 08/18/2023) (1) |
| Aug 15, 2023 | 46 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 08/15/2023) (2) |
| Aug 15, 2023 | 47 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 08/15/2023) (6) |
| Aug 11, 2023 | 45 | ATTORNEY Appearance for Defendants AEXTED, Aulexma Direct, LAQRITE, TurbClean by Shengmao Mu (Mu, Shengmao) (Entered: 08/11/2023) (1) |
| Jul 19, 2023 | 44 | MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for extension of time to answer or otherwise plead 43 is granted. Defendants No. 163 Caicai Dry Goods Shop, No. 165 Chiccollector, No. 166 chineon, No. 182 FY Trading, No. 190 Holala, No. 193 isfang, No. 197 Laint1, No. 207 Maosheng, No. 208 Markxj, No. 218 pumio, No. 222 shenzhenmanmanrimaokejiyouxiangongsi, No. 223 Shhssvv, and No. 225 SSHY to answer or otherwise plead by 8/17/2023. (rao, ) (Entered: 07/19/2023) (1) |
| Jul 18, 2023 | 42 | ATTORNEY Appearance for Defendants Doe 163 - Caicai Dry Goods Shop, Doe 165 - Chiccollector, Doe 166 - chineon, Doe 182 - FY Trading, Doe 190 - Holala, Doe 193 - isfang, Doe 197 - Laint1, Doe 207 - Maosheng, Doe 208 - Markxj, Doe 218 - pumio, Doe 222 - shenzhenmanmanrimaokejiyouxiangongsi, Doe 223 - Shhssvv, Doe 225 - SSHY by Erin Kathryn Russell (Russell, Erin) (Entered: 07/18/2023) (2) |
| Jul 18, 2023 | 43 | MOTION by Defendants Doe 163 - Caicai Dry Goods Shop, Doe 165 - Chiccollector, Doe 166 - chineon, Doe 182 - FY Trading, Doe 190 - Holala, Doe 193 - isfang, Doe 197 - Laint1, Doe 207 - Maosheng, Doe 208 - Markxj, Doe 218 - pumio, Doe 222 - shenzhenmanmanrimaokejiyouxiangongsi, Doe 223 - Shhssvv, Doe 225 - SSHY for extension of time to file answer regarding complaint 1 (UNOPPOSED) (Russell, Erin) (Entered: 07/18/2023) (2) |
| Jun 28, 2023 | 41 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 39 is granted. Defendants No. 63 Mei Yi Technology; No. 66 ONAMOR; No. 68 PODAHO STORE; No. 70 Pure cleaner; No. 91 *magnum*; No. 95 barrog7121; No. 97 bhan6337; No. 98 bigbluewholesale2020; No. 99 burnerworld8888; No. 100 cakemol8; No. 101 castore2; No. 103 danny224u; No. 104 digitalarthas; No. 106 dlodude; No. 108 finalsavings; No. 110 greenjagua; No. 111 grownfolk86; No. 115 jarow9671; No. 116 jesstan_8664; No. 117 jo3modetreasures; No. 118 joojix; No. 119 karlie36; No. 120 kingandprince; No. 121 leadingtrends; No. 122 lesbri_1037; No. 123 linkasworld; No. 124 martinmanza; No. 125 max_warehouse; No. 127 moderntrendy; No. 128 natagrom; No. 129 navna2026; No. 130 netgoodsllc; No. 131 neverever2468_0; No. 132 nitrorcteam; No. 133 online_upcycle; No. 134 outstandingdeal; No. 135 pens_n_more; No. 136 poquitogreen2012; No. 137 r-b-electronic; No. 141 sav_chak; No. 142 savoriasbestbuys; No. 143 sunnysundries; No. 144 supplyfully; No. 145 sura_shop; No. 148 transnational2014; No. 150 vevive; No. 151 wilbay007; No. 152 zip2012-2012; No. 158 bingyang; No. 159 bjmcc; No. 167 daiwu2019; No. 179 fashion sexy shopping; No. 199 lehang8899; No. 206 malinfande; No. 212 nuoya002; No. 213 Onamor Official Store; No. 231 tinghutii; and No. 256 zhangjianru0 are terminated. Plaintiff has already filed an amended Schedule A on the docket 40 . (rao, ) (Entered: 06/28/2023) (1) |
| Jun 27, 2023 | 39 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 06/27/2023) (3) |
| Jun 27, 2023 | 40 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 06/27/2023) (7) |
| Jun 22, 2023 | 38 | REPLY by Defendant Does 1-292, As Identified in Exhibit 2 to motion for miscellaneous relief 28 (CHOICEONE'S REPLY IN SUPPORT OF ITS OPPOSED MOTION TO RECOVER SOCLEAN'S TRO BOND) (Attachments: # 1 Exhibit A-Declaration)(Hoolihan, Joseph) (Entered: 06/22/2023) (0) |
| Jun 15, 2023 | 37 | RESPONSE by SoClean, Inc.in Opposition to MOTION by Defendant Does 1-292, As Identified in Exhibit 2 CHOICEONE'S MOTION TO RECOVER SOCLEAN'S TRO BOND (OPPOSED) 28 (Attachments: # 1 Declaration of Kevin Keener, # 2 Exhibit 1 to Declaration of Kevin Keener, # 3 Exhibit 2 to Declaration of Kevin Keener, # 4 Exhibit 3 to Declaration of Kevin Keener)(Keener, Kevin) (Entered: 06/15/2023) (0) |
| Jun 13, 2023 | 36 | ANSWER to amended complaint by JWYN (rp, ) (Entered: 06/14/2023) (4) |
| Jun 9, 2023 | 31 | ANSWER to amended complaint by AEXTED(Xiao, Haipeng) (Entered: 06/09/2023) (6) |
| Jun 9, 2023 | 32 | ANSWER to amended complaint by Aulexma Direct(Xiao, Haipeng) (Entered: 06/09/2023) (6) |
| Jun 9, 2023 | 33 | ANSWER to amended complaint by TurbClean(Xiao, Haipeng) (Entered: 06/09/2023) (6) |
| Jun 9, 2023 | 34 | ATTORNEY Appearance for Defendant LAQRITE by Haipeng Xiao (Xiao, Haipeng) (Entered: 06/09/2023) (1) |
| Jun 9, 2023 | 35 | ANSWER to amended complaint by LAQRITE(Xiao, Haipeng) (Entered: 06/09/2023) (6) |
| Jun 6, 2023 | 30 | ATTORNEY Appearance for Defendants Aulexma Direct, TurbClean, AEXTED by Haipeng Xiao (Xiao, Haipeng) (Entered: 06/06/2023) (1) |
| Jun 1, 2023 | 29 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to defendant Choice One Medical d/b/a CPAP Life's motion to recover plaintiff's temporary restraining order bond 28 is due by 6/15/2023. Any reply is due by 6/22/2023. (rao, ) (Entered: 06/01/2023) (1) |
| May 31, 2023 | 28 | MOTION by Defendant Does 1-292, As Identified in Exhibit 2 CHOICEONE'S MOTION TO RECOVER SOCLEAN'S TRO BOND (OPPOSED) (Attachments: # 1 Declaration)(Hoolihan, Joseph) (Entered: 05/31/2023) (0) |
| May 30, 2023 | 27 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A 23 is granted. Defendant No. 37 CPAP LIFE is dismissed. Plaintiff has already filed an amended Schedule A on the docket. 24 . (rao, ) (Entered: 05/30/2023) (1) |
| May 26, 2023 | 1 | Amended Complaint* (1) |
| May 26, 2023 | 22 | First AMENDED complaint by SoClean, Inc. against Does 1-292, As Identified in Exhibit 2 (Attachments: # 1 Exhibit Schedule A, # 2 Certificate of Service)(Keener, Kevin) (Entered: 05/26/2023) (0) |
| May 26, 2023 | 23 | MOTION by Plaintiff SoClean, Inc. for leave to file Amended Schedule A (Keener, Kevin) (Entered: 05/26/2023) (1) |
| May 26, 2023 | 24 | Amended Schedule A by SoClean, Inc. (Keener, Kevin) (Entered: 05/26/2023) (8) |
| May 26, 2023 | 25 | ATTORNEY Appearance for Defendant Does 1-292, As Identified in Exhibit 2 by A Colin Wexler Appearance on behalf of Choice One Medical dba CPAP LIFE (Wexler, A) (Entered: 05/26/2023) (1) |
| May 26, 2023 | 26 | ATTORNEY Appearance for Defendant Does 1-292, As Identified in Exhibit 2 by Joseph L. Hoolihan Appearance on behalf of Choice One Medical dba CPAP LIFE (Hoolihan, Joseph) (Entered: 05/26/2023) (1) |
| May 23, 2023 | 20 | MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 16 , which seeks to voluntarily dismiss defendants No. 1 3-C Digital technique Store; No. 2 AB35 Store; No. 3 Adventure Store; No. 4 AJ29 Store; No. 5 Allseason E-medical Store; No. 6 BABM digital Store; No. 7 Beautiful world 8866 Store; No. 8 Besthealth Store; No. 9 Black bears Expert Store; No. 10 Cosy Daily Store; No. 11 Cozy Life Cozy You Store; No. 12 Direct production of boutiques Store; No. 13 EE-Instrument Store; No. 14 EECHI Official Store; No. 15 HealthBeautyWholesale Store; No. 16 High Grade 3CMart Store; No. 17 Intelligence Life Store; No. 18 Lisan Store; No. 19 Medicine Department Store; No. 20 NewTime2016 Store; No. 21 Shenzhen BetterAffordable Store; No. 22 Shop3222037 Store; No. 23 Think different Store; No. 24 TLS-TECH Store; No. 93 allguest; No. 98 bigbluewholesale2020; No. 139 rcrenew; and No. 147 tradingcompanype 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 as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendants No. 1 3-C Digital technique Store; No. 2 AB35 Store; No. 3 Adventure Store; No. 4 AJ29 Store; No. 5 Allseason E-medical Store; No. 6 BABM digital Store; No. 7 Beautiful world 8866 Store; No. 8 Besthealth Store; No. 9 Black bears Expert Store; No. 10 Cosy Daily Store; No. 11 Cozy Life Cozy You Store; No. 12 Direct production of boutiques Store; No. 13 EE-Instrument Store; No. 14 EECHI Official Store; No. 15 HealthBeautyWholesale Store; No. 16 High Grade 3CMart Store; No. 17 Intelligence Life Store; No. 18 Lisan Store; No. 19 Medicine Department Store; No. 20 NewTime2016 Store; No. 21 Shenzhen BetterAffordable Store; No. 22 Shop3222037 Store; No. 23 Think different Store; No. 24 TLS-TECH Store; No. 93 allguest; No. 98 bigbluewholesale2020; No. 139 rcrenew; and No. 147 tradingcompanype 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 5/26/2023 identifying the remaining defendants. (rao, ) (Entered: 05/23/2023) (2) |
| May 23, 2023 | 21 | MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 18 under advisement and will consider the motion unopposed if no defendant appears and objects by 5/30/2023. Plaintiff shall serve defendants with this notice. (rao, ) (Entered: 05/23/2023) (1) |
| May 22, 2023 | 16 | NOTICE of Voluntary Dismissal by SoClean, Inc. without prejudice of certain defendants (Keener, Kevin) (Entered: 05/22/2023) (2) |
| May 22, 2023 | 17 | SUMMONS Returned Executed by SoClean, Inc. as to Does 1-292, As Identified in Exhibit 2 on 5/22/2023, answer due 6/12/2023. (Keener, Kevin) (Entered: 05/22/2023) (2) |
| May 22, 2023 | 18 | MOTION by Plaintiff SoClean, Inc. for preliminary injunction (Keener, Kevin) (Entered: 05/22/2023) (1) |
| May 22, 2023 | 19 | MEMORANDUM by SoClean, Inc. in support of motion for preliminary injunction 18 (Attachments: # 1 Declaration of Kevin Keener, # 2 Exhibit 1 to Declaration of Kevin Keener)(Keener, Kevin) (Entered: 05/22/2023) (0) |
| May 19, 2023 | N/A | SUMMONS Issued as to Defendant Does 1-292, As Identified in Exhibit 2 (smb, ) (Entered: 05/19/2023) (0) |
| May 9, 2023 | 15 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 14 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO 12 entered on 5/2/2023 is extended until 5/25/2023. Mailed notice (smm) (Entered: 05/09/2023) (1) |
| May 8, 2023 | 14 | MOTION by Plaintiff SoClean, Inc. for extension of time to Temporary Restraining Order (Keener, Kevin) (Entered: 05/08/2023) (2) |
| May 3, 2023 | 13 | INJUNCTION BOND in the amount of $ 10,000 posted by SoClean, Inc. (Document not scanned) (rp, ) (Entered: 05/03/2023) (1) |
| May 2, 2023 | 10 | MAILED Patent Request Letter to Plaintiff's counsel Kevin John Keener. (rp, ) (Entered: 05/02/2023) (1) |
| May 2, 2023 | 11 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions ( 6 , 7 , 8 ), the supporting memorandum 9 and the temporary restraining order, plaintiff's motions for leave to file under seal 6 , for leave to file excess pages 7 ] and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 8 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, ) (Entered: 05/02/2023) (2) |
| May 2, 2023 | 12 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/2/2023: (rao, ) (Entered: 05/02/2023) (0) |
| May 1, 2023 | 1 | Complaint* (1) |
| May 1, 2023 | 2 | SEALED DOCUMENT by Plaintiff SoClean, Inc. Exhibit 1 to Complaint (Attachments: # 1 Exhibit 2- part 1 of 7, # 2 Exhibit 2- part 2 of 7, # 3 Exhibit 2- part 3 of 7, # 4 Exhibit 2- part 4 of 7, # 5 Exhibit 2- part 5 of 7, # 6 Exhibit 2- part 6 of 7, # 7 Exhibit 2- part 7 of 7, # 8 Exhibit 3, # 9 Exhibit 4)(Keener, Kevin) (Entered: 05/01/2023) (0) |
| May 1, 2023 | 3 | CIVIL Cover Sheet (Keener, Kevin) (Entered: 05/01/2023) (2) |
| May 1, 2023 | 4 | ATTORNEY Appearance for Plaintiff SoClean, Inc. by Kevin John Keener (Keener, Kevin) (Entered: 05/01/2023) (1) |
| May 1, 2023 | 5 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SoClean, Inc. (Keener, Kevin) (Entered: 05/01/2023) (1) |
| May 1, 2023 | N/A | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (kra, ) (Entered: 05/01/2023) (0) |
| May 1, 2023 | N/A | CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (kra, ) (Entered: 05/01/2023) (0) |
| May 1, 2023 | 6 | MOTION by Plaintiff SoClean, Inc. to seal document sealed document, 2 Memorandum in Support of Plaintiff's Motion for TRO (Keener, Kevin) (Entered: 05/01/2023) (2) |
| May 1, 2023 | 7 | MOTION by Plaintiff SoClean, Inc. for leave to file excess pages for Plaintiff's Memorandum in Support for TRO (Keener, Kevin) (Entered: 05/01/2023) (2) |
| May 1, 2023 | 8 | MOTION by Plaintiff SoClean, Inc. for temporary restraining order asset restraining order, expedited discovery order, and service of process by email (Keener, Kevin) (Entered: 05/01/2023) (1) |
| May 1, 2023 | 9 | SEALED DOCUMENT by Plaintiff SoClean, Inc. Memorandum in Support of Plaintiff's Motion for TRO (Attachments: # 1 Declaration of Mark Gavin, # 2 Declaration of William Gregory, # 3 Exhibit 1 to Declaration of William Gregory, # 4 Exhibit 2 to Declaration of William Gregory, # 5 Declaration of Kevin Keener, # 6 Exhibit 1 to Declaration of Kevin Keener, # 7 Exhibit 2 to Declaration of Kevin Keener)(Keener, Kevin) (Entered: 05/01/2023) (0) |
