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2022-cv-05124

Choon's Design LLC v. The Entities and Individuals Identified in Annex A

法院：伊利诺伊州北法院
发案日期：2022-11-14
原告：Halo Acoustic Wear LLC
代理律所：Marshall
诉讼类型：商标
# Date Description
[+] 1 2022-09-20 COMPLAINT filed by Choon's Design LLC;
2 2022-09-20 CIVIL Cover Sheet
3 2022-09-20 ATTORNEY Appearance for Plaintiff Choon's Design LLC by Benjamin T Horton
4 2022-09-20 ATTORNEY Appearance for Plaintiff Choon's Design LLC by Gregory James Chinlund
5 2022-09-20 ATTORNEY Appearance for Plaintiff Choon's Design LLC by Kelley Stebbins Gordon
6 2022-09-20 ATTORNEY Appearance for Plaintiff Choon's Design LLC by Michelle Bolos
7 2022-09-20 ATTORNEY Appearance for Plaintiff Choon's Design LLC by John Joseph Lucas
8 2022-09-20 ATTORNEY Appearance for Plaintiff Choon's Design LLC by Thomas Spencer Key
10 2022-09-20 MOTION by Plaintiff Choon's Design LLC to seal
11 2022-09-20 MEMORANDUM by Choon's Design LLC in support of motion to seal 10
12 2022-09-20 NOTICE of Motion by Benjamin T Horton, Gregory James Chinlund, Kelley Stebbins Gordon, Michelle Bolos, John Joseph Lucas, Thomas Spencer Key for presentment of motion to seal 10 before Honorable Robert W. Gettleman on 9/28/2022 at 09:15 AM.
13 2022-09-20 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Choon's Design LLC
14 2022-09-20 NOTICE by Choon's Design LLC of claims pursuant to Local Rule 3.4
15 2022-09-20 MOTION by Plaintiff Choon's Design LLC Electronic Service of process pursuant to FED.R.CIV.P.4(f)(3)
16 2022-09-20 MEMORANDUM by Choon's Design LLC in support of motion for electronic service of process relief 15
18 2022-09-20 MEMORANDUM by Choon's Design LLC in support of motion exparte, motion for temporary restraining order, motion to expedite discovery 17
19 2022-09-20 DECLARATION of Fen Chan
[+] 23 2022-09-20 DECLARATION of Thomas S. Key in support of plaintiffs motion for leave to file under seal, exparte motion, TRO, expedited discovery, and motion electronic service of process. Temporarily unavailable for docketing.
[+] 24 2022-09-20 EXHIBIT 3 (1 of2) by Plaintiff Choon's Design LLC regarding complaint 1
[+] 25 2022-09-20 EXHIBIT 3 (2 of 2) by Plaintiff Choon's Design LLC regarding complaint 1
21 2022-09-21 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case pursuant to 28 USC 294(b). Signed by Executive Committee on 9/21/2022.
20 2022-09-22 MINUTE entry before the Honorable Robert W. Gettleman: This case will be reassigned to another judge. Motion presentment hearing set for 9/28/2022 is stricken. Mailed notice
22 2022-10-11 ORDER: The Clerk of Court is directed to provide docket access in this case to Plaintiff's counsel Benjamin T Horton, Gregory James Chinlund, John Joseph Lucas, Kelley Stebbins Gordon, Michelle Bolos, and Thomas Spencer Key. The court has reviewed plaintiff's filings. Plaintiff's motion to seal 10 and its motion for electronic service of process 15 are granted. The court directs plaintiff to re-submit its proposed clean and track changes TRO orders to Proposed_Order_Pacold@ilnd.uscourts.gov with (1) docket number citations filled in and (2) all differences from the court's TRO order template in track changes in the track changes copy. Signed by the Honorable Martha M. Pacold on 10/11/2022.
26 2022-10-28 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 17 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting (which plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. 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.
27 2022-10-28 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/28/2022:
29 2022-11-04 SURETY BOND in the amount of $ $10,000.00 posted by Choon's Design LLC
[+] 28 2022-11-08 MOTION by Plaintiff Choon's Design LLCExtend Temporary Restraining Order Plaintiff's Ex Parte Motion to Extend Temporary Restraining Order
30 2022-11-09 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO 28 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO 27 entered on 10/28/2022 is extended until 11/25/2022.
[+] 31 2022-11-18 MOTION by Plaintiff Choon's Design LLCFurther Extend Temporary Restraining Order Plaintiff's Ex Parte Motion to Further Extend Temporary Restraining Order
32 2022-11-22 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to further extend the TRO beyond the 28 days permitted under Rule 65(b)(2) 31 is granted. Because this extension exceeds the maximum duration for a TRO under Rule 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012).
33 2022-12-06 MOTION by Plaintiff Choon's Design LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
[+] 34 2022-12-06 MEMORANDUM Plaintiff's Memorandum of Law in Support of Plaintiff's Motion for Entry of a Preliminary Injunction
35 2022-12-08 MINUTE entry before the Honorable Martha M. Pacold: The court has received a clean copy of Plaintiff's proposed preliminary injunction order to the Proposed Order Box. However, the tracked changes document attached to the email is for the TRO, not for the preliminary injunction. Accordingly, Plaintiff is directed to submit a tracked changes version of the preliminary injunction order by 12/9/2022. Plaintiff's motion for a preliminary injunction 33 remains under advisement.
36 2022-12-08 SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A
40 2022-12-12 SEALED ATTORNEY APPEARANCE by Adam E. Urbanczykfor Defendants Eaktool Shop, YORKOO
37 2022-12-13 ORDER: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, and for the reasons stated in Plaintiff's memorandum [34], a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [33] is granted. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Annex 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. The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 12/13/2022. Mailed notice
[+] 38 2022-12-13 PRELIMINARY INJUNCTION Order signed by the Honorable Martha M. Pacold on 12/13/2022. Mailed notice
39 2022-12-15 ATTORNEY Appearance for Defendant Koogel Store by Daniel I. Konieczny
41 2022-12-23 MOTION by Defendant Koogel Store for extension of time to file answer regarding complaint[1] Unopposed Motion to Set Deadline to Answer or Otherwise Plead
42 2022-12-26 ATTORNEY Appearance for Defendant JMgist by Haipeng Xiao
43 2022-12-27 MINUTE entry before the Honorable Martha M. Pacold: Defendant Koogel Store's unopposed motion for an extension of time to answer or otherwise plead [41] is granted. Defendant Koogel Store to answer or otherwise plead by 1/26/2023.
44 2022-12-28 ANSWER to Complaint with Jury Demand by JMgist
45 2022-12-28 ATTORNEY Appearance for Defendant HomQA Official by Adam Edward Urbanczyk
46 2022-12-28 First Amended ANSWER to Complaint with Jury Demand by JMgist
[+] 47 2022-12-29 MOTION by Defendants Eaktool Shop, HomQA Official, YORKOO Dissolve the Preliminary Injunction [Dkt. 38]
[+] 48 2022-12-29 MOTION by Defendant Eaktool Shop to dismiss for lack of jurisdiction
49 2022-12-29 MOTION by Defendants Eaktool Shop, HomQA Official, YORKOO for leave to file excess pages re: [Dkt. 47, 48]
50 2022-12-29 ANSWER to Complaint by HomQA Official, YORKOO
51 2022-12-29 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 12/29/2022: Mailed notice.
52 2022-12-30 Pursuant to Local Rule 72.1, this case as to Defendant JMGist is hereby referred to the calendar of Honorable Heather K. McShain to hold proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement.
53 2023-01-03 MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision, to set a deadline to file amended pleadings, to set a schedule for dispositive motions, and settlement [52]. By 01/17/2023, the parties shall meet and confer and file a joint status report that contains: (a) a proposed schedule for the completion of fact discovery; (b) a statement whether the parties anticipate expert and/or ESI discovery; (c) an update on the status of settlement discussions, if any; and (d) an update on any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
54 2023-01-10 ATTORNEY Appearance for Defendant epicedeals by Robert D. Kreisman
55 2023-01-12 MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the agreed briefing schedule submitted to the court's Proposed Order box, Plaintiff's response to the motion to dissolve the preliminary injunction [47] is due by 2/3/2023. Defendants' reply, if any, is due by 2/17/2023. Defendants' motion for leave to file excess pages [49] is granted.
56 2023-01-12 NOTICE of Voluntary Dismissal by Choon's Design LLC Notice of Voluntary Dismissal as to Certain Defendant
57 2023-01-13 NOTICE of Voluntary Dismissal by Choon's Design LLC Notice of Dismissal as to Certain Defendant
58 2023-01-13 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [56], which seeks to voluntarily dismiss defendant No. 176 Eaktool Shop under Rule 41(a)(1). 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 dropping defendant No. 176 Eaktool Shop from the Annex 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 Annex A form by 1/20/2023 identifying the remaining defendants. Eaktool Shop terminated.
59 2023-01-17 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [57], which seeks to voluntarily dismiss defendant No. 391 want jp under Rule 41(a)(1). 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 dropping defendant No. 391 want jp from the Annex 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 Annex A form by 1/23/2023 identifying the remaining defendants. want jp terminated.
60 2023-01-17 STATUS Report regarding Doe #144 JMgist by Choon's Design LLC
61 2023-01-19 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the initial status report filed by plaintiffs [60], which states that the contents of the report have been agreed to but plaintiffs did not receive final approval from defendant to file the report as a joint status report. The Court adopts the proposed discovery schedule contained in the report as follows: Initial disclosures due by 01/31/2023. Written discovery requests to be issued by 02/14/2023. Fact discovery to be completed by 05/14/2023. Initial expert disclosures under Rule 26(a)(2) due by 06/14/2023. Rebuttal expert disclosures due by 07/14/2023. All expert discovery to be completed by 08/14/2023. Dispositive motions due 10/06/2023, responses due 11/06/2023, and replies due 11/20/2023. Further joint status report, which must reflect that both sides have given input on the report, due 03/03/2023 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice
62 2023-01-20 ATTORNEY Appearance for Defendant Koogel Store by Hua Chen
63 2023-01-21 STIPULATION to Modify Preliminary Injunction Order
64 2023-01-23 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and defendant Koogel Store are directed to send a word version of the proposed order to modify the preliminary injunction [63] to the court's proposed order inbox by 1/25/2023. Pursuant to this court's 1/13/2023 minute entry [58], Defendant Eaktool Shop's motion to dismiss [48] is denied as moot.
65 2023-01-23 AMENDED Amended Annex A
66 2023-01-24 STIPULATION AND ORDER TO MODIFY PRELIMINARY INJUNCTION Signed by the Honorable Martha M. Pacold on 1/24/2023:
67 2023-01-27 MOTION by Defendant Koogel Store for extension of time to file answer regarding complaint[1] Unopposed Motion to Set Deadline to Answer or Otherwise Plead
68 2023-01-30 MINUTE entry before the Honorable Martha M. Pacold: Defendant Koogel Store's unopposed motion for an extension of time to answer or otherwise plead to the complaint [67] is granted. Koogel Store to answer or otherwise plead by 2/9/2023.
69 2023-02-03 MOTION by Defendants HomQA Official, YORKOO for extension of time re: briefing schedule, JOINT
70 2023-02-06 MINUTE entry before the Honorable Martha M. Pacold: The parties' joint motion to extend briefing schedule [69] is granted. Plaintiff's response to the motion to dissolve the preliminary injunction [47] is due by 2/10/2023. Defendants' reply is due by 2/24/2023.
71 2023-02-08 NOTICE by YORKOO re MOTION by Defendants Eaktool Shop, HomQA Official, YORKOO Dissolve the Preliminary Injunction [Dkt. 38] [47], of Defendant YORKOO's withdrawal
72 2023-02-08 MOTION by Defendant Koogel Store for extension of time to file answer regarding complaint[1] Unopposed
73 2023-02-09 MINUTE entry before the Honorable Martha M. Pacold: Defendant Koogel Store's unopposed motion for an extension of time to answer or otherwise plead to the complaint [72] is granted. Koogel Store to answer or otherwise plead by 2/16/2023.
74 2023-02-10 MOTION by Defendants HomQA Official, YORKOO for extension of time re: briefing schedule, JOINT
75 2023-02-13 MINUTE entry before the Honorable Martha M. Pacold: The parties' joint motion for extension of time [74] is granted. Plaintiff's response to the motion to dissolve the preliminary injunction [47] is due by 2/24/2023. Defendants' reply, if any, is due by 3/3/2023.
76 2023-02-16 ANSWER to Complaint with Jury Demand by Koogel Store
77 2023-02-17 MINUTE entry before the Honorable Martha M. Pacold: In light of the recently filed answer [76], the referral, [52], is expanded to include defendant Koogel Store. In light of the appearance of multiple defendants, (1) all parties should file a joint status report by 3/9/2023 summarizing the status of the case as to all defendants; (2) going forward, for all defendants that have appeared, the parties should make every effort to coordinate the schedules so that the cases (status reports, discovery, any significant briefing) are on the same or similar schedules for all parties. If the case raises the prospect of effectively multiple cases proceeding on separate tracks under the same case number or otherwise becomes unwieldy, the court will consider whether joinder remains appropriate, or whether instead, different appearing defendants should be severed into their own case(s), plaintiff will pay the filing fee in the new case(s), and then the separate case(s) will proceed.
[+] 78 2023-02-21 MOTION by Plaintiff Choon's Design LLC for leave to file Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter
79 2023-02-21 MINUTE entry before the Honorable Heather K. McShain: In view of Judge Pacold's order expanding the referral of this matter to include defendant Koogel store [77], plaintiff and Koogel Store are ordered to meet and confer and file, by 03/03/2023, a joint status report that contains: (a) a proposed schedule for the completion of fact discovery; (b) a statement whether expert and/or ESI discovery is anticipated; (c) a deadline for amended pleadings; (d) an update on the parties' settlement discussions, if any; and (e) an update on any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
80 2023-02-22 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Annex A to the complaint instanter [78] is granted. The court finds that justice requires amendment under Rule 15(a)(2). Plaintiff should file the amended Annex A [78-1] as a separate entry on the docket by 2/27/2023. Defendants 143. Basicon-US; 147. Yehtta; 180. YOUEON; 225. epicedeals; 272. shopiimatif; 341. maijia2022; 347. maoshilin; 348. xiomeng888; 349. zhenxigerai; 350. Bvqyyyzsde; 351. huoshanchaonanxie; and 352. Pengchengzhang terminated.
81 2023-02-27 AMENDED Annex A to the Complaint
[+] 82 2023-03-03 MOTION by Plaintiff Choon's Design LLC for leave to file Plaintiff's Motion for Leave to Amend Annex A to the Compaint Instanter
83 2023-03-03 STATUS Report by Koogel Store
84 2023-03-06 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Annex A to the complaint instanter [82] is granted. Plaintiff should file the amended Annex A [82-1] as a separate entry on the docket. Defendants No. 2 Market Union Co., Ltd.; No. 5 Dongguan Baishun Silicone & Plastic Products Co., Ltd.; No. 11 Yiwu Genya Ornaments Co., Ltd.; No. 12 Yiwu Gt Accessories Co., Ltd.; No. 14 Hefei Long Mao Electronic Commerce Co., Ltd.; No. 15 Pujiang Jinletong Crafts Co., Ltd.; No. 17 Yiwu Jieer Import And Export Co., Ltd.; No. 23 Ningbo F.T.Z Enjoy Stationery Co., Ltd.; No. 24 Qingdao Newhonest Accessories Co., Ltd; No. 32 Pujiang Jinletong Crafts Co., Ltd.; No. 37 Yiwu Gangchen Import&export Co., Ltd.; No. 38 Yiwu Lilong Ornaments Co., Ltd.; No. 42 Shenzhen Z-Liant Technology Co., Ltd.; No. 139 BESTWIN Store; No. 162 SHIWUMAO; No. 226 excellbuying; No. 236 jinshan2013; No. 241 kunjiadaren; No. 257 nodswt; No. 258 oneshot77-7; No. 278 taoyoumehgfd; No. 300 Iron jia's store; No. 304 memo.oo; No. 305 yiwuhusidianzishangwuyouxiangongsi; No. 317 avamommy terminated.
85 2023-03-06 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the status report filed by defendant Koogel Store without input from plaintiff, whose attorneys did not respond to multiple attempts by defense counsel to discuss the contents of the proposed status report. Defendant reports that it is focused on trying to settle the case, and that to date plaintiff has not served written discovery on Koogel. At Koogel's request, the Court orders that all fact discovery as to the claims involving Koogel must be completed by 07/14/2023 and all expert discovery as to the claims involving Koogel must be completed by 10/14/2023. Finally, Koogel states that it believes a settlement conference would be productive, but given plaintiff's failure to contribute to the status report it is unknown whether plaintiff is interested in a settlement conference. The undersigned will review the joint status report due before Judge Pacold on 03/09/2023 [77] and enter an appropriate order. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
86 2023-03-07 WITHDRAWING Thomas S. Key as counsel for Plaintiff Choon's Design LLC and substituting Kelley Stebbins Gordon as counsel of record
87 2023-03-07 AMENDED Annex A to the Complaint
88 2023-03-07 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to withdraw Thomas S. Key as counsel for plaintiff [47] is granted. Attorney Thomas Spencer Key terminated.
89 2023-03-09 STATUS Report Joint Status Report by Choon's Design LLC
90 2023-03-10 MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the revised briefing schedule [75], plaintiff's response to the motion to dissolve the preliminary injunction [47] was due on 2/24/2023. By 3/16/2023, plaintiff is ordered to show cause why the motion [47] should not be treated as unopposed.
91 2023-03-10 RESPONSE by Plaintiff Choon's Design LLC Plaintiff's Response to Show Cause Order
[+] 92 2023-03-10 MOTION by Plaintiff Choon's Design LLC for leave to file Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter
93 2023-03-10 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report [89] and response to the show cause order [91]. The deadline for filing the show cause order set in [90] is stricken in light of the status report's notice that [47] is withdrawn. The parties are directed to file an additional joint status report if plaintiff does not move to amend the pleadings by dropping JMGist and HomQA Official by 3/31/2023. Plaintiff's motion for leave to file an amended Annex A [92] is granted. Plaintiff is directed to file the amended Annex A as a separate entry on the docket by 3/14/2023. Defendants No. 173 Gidoet and No. 183 Mocoosy terminated.
94 2023-03-10 AMENDED Annex A to the Complaint
95 2023-03-20 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report filed with Judge Pacold [89], which reports that plaintiff has reached a settlement with defendants JMgist and HomQA Official. The report further states that plaintiff and defendant Koogel Store are beginning discovery while continuing to discuss settlement. Plaintiff and Koogel Store shall file a joint status report on 05/12/2023 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
[+] 96 2023-03-30 MOTION by Plaintiff Choon's Design LLC for leave to file Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter
97 2023-04-03 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Schedule A form [96] is granted. The court finds that justice requires granting leave to amend under Rule 15(a) (2). Plaintiff is directed to file the amended Schedule A [96-1] on the docket by 4/7/2023. Defendants No. 144 JMgist; No. 160 TSONCR LLC; No. 174 FLYDREAME; No. 175 HomeQA Official; No. 277 taki_sales; No. 290 SweetyDIY; No. 293 MEHOME STORE; and No. 312 sunnydoll terminated. Emailed notice.
98 2023-04-04 AMENDED Amended Annex A to Complaint
99 2023-04-28 MINUTE entry before the Honorable Heather K. McShain: In response to Defendant Koogle Store counsel's email, a telephone conference with the Court is scheduled for 05/03/2023 at 11:00 a.m. to discuss the parties' interest in settlement and, if appropriate, set a schedule for the exchange of settlement proposals and a date for the settlement conference. Counsel primarily responsible for representing the Plaintiff and Defendant Koogle Store must participate in this conference call, and counsel should come prepared to discuss the availability of counsel and decisionmakers in May, June, and July. The Court will also address logistics for the settlement conference itself, which will take place remotely. In advance of the telephone conference, counsel are directed to review Magistrate Judge McShain's Standing Order for Settlement Conferences (available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Settlement Conferences"). To participate in the telephone conference, the dial-in number is 888-684-8852, followed by access code 8623687#. 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, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
100 2023-05-03 MINUTE entry before the Honorable Heather K. McShain: Telephone conference held on 05/03/2023 and continued off-the-record so the parties could candidly discuss the current status of settlement negotiations. Given what the parties shared with the Court and that there is not mutual interest in setting a settlement conference at this time, the Court declines to set a settlement conference. The referral remains open and the parties may contact chambers at any time via email (at Chambers_McShain@ilnd.uscourts.gov) should they be interested in engaging the Court's assistance with settlement or scheduling a settlement conference. Mailed notice.
[+] 101 2023-05-08 MOTION by Plaintiff Choon's Design LLC for leave to file Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter Presented before Presiding Judge
102 2023-05-09 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend dropping defendant No. 158 Wetoys from Annex A [101] is granted. The court finds that justice requires granting leave to amend under Rule 15(a)(2). Plaintiff is directed to file an amended Annex A on the docket by 5/12/2023. Defendant Wetoys terminated. Mailed notice
103 2023-05-10 AMENDED Amended Annex A to Complaint
[+] 104 2023-05-11 SUMMONS Returned Executed by Choon's Design LLC as to All Defendants.
[+] 105 2023-05-12 MOTION by Plaintiff Choon's Design LLC for default judgment as to Plaintiff's Motion for Default Judgment Presented before Presiding Judge
106 2023-05-12 STATUS Report Joint Status Report by Choon's Design LLC Presented before Magistrate Judge
107 2023-05-15 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the joint status report filed by plaintiff and defendant Koogel Store [106], which reports that the parties have informally exchanged documents but have not served formal discovery requests. Further joint status report due 07/17/2023 to update the Court on: (a) the progress of discovery, including confirmation that all fact discovery has been completed; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.
108 2023-05-16 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the motion for default and default judgment [105] and the joint status report, [106]. In light of the notice in joint status report [106] that plaintiff intends to move for summary judgment against Koogel Store, rather than default judgment, by 5/30/2023, plaintiff is directed to file a short supplemental brief addressing whether default judgment against some but not all defendants is appropriate under Fed. R. Civ. P. 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, 950-952 (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.
109 2023-05-16 MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the parties' stipulation, [106], the asset restraint on Defendant Koogel Store's Amazon account is reduced to $7,000.
[+] 110 2023-05-22 LETTER from Sarah Tweed dated May 21, 2023.
[+] 111 2023-05-23 MOTION by Plaintiff Choon's Design LLCLeave to Amend Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter Presented before Presiding Judge
112 2023-05-24 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Annex A form [111] is granted. The court finds that justice requires granting leave to amend under Rule 15(a)(2). Plaintiff is directed to file the amended Annex A [111-1] as a separate entry on the docket by 5/30/2023. Defendant No. 264 sarah7733 terminated.
113 2023-05-24 AMENDED Amended Annex A to Complaint
114 2023-05-30 SUPPLEMENT to text entry, [108] Supplemental Brief Regarding Motion for Entry of Default Judgment
115 2023-05-31 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's supplemental briefing, [114]. Plaintiff's motion for default judgment, [105] is denied without prejudice. Plaintiff attempts to distinguish the cases the court cited in [108] as involving "joint liability or liability emanating from the same set of operable facts." Distinguishing the cases on this basis is not persuasive since the Schedule A joinder theory requires evidence of coordinated activity. Cf. Estee Lauder Cosmetics Ltd. v. The P'Ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 187-90 (N.D. Ill. 2020). The court made a preliminary finding on joinder when granting the TRO, [26], but it was subject to revisitation. If the plaintiff wishes, it is free to file a brief by 6/7/2023 explaining how joinder under Rule 20 is consistent with the position it took in its supplemental brief [114]. As a second option, the court can revisit the question of joinder, sever the case into different cases (each of which emanates from the same operable set of facts), and plaintiff would pay the filing fee in each severed case before that case proceeds. A third option is the approach outlined in Frow and its progeny, in which plaintiff may renew the default judgment motion after the conclusion of the case against Koogel Store to avoid the possibility of inconsistent judgments.
116 2023-05-31 LETTER from Sarah-Jane Tweed dated 5/21/2023. (Exhibits) (International Air Mail -Envelope Postmarked 5/22/2023)
117 2023-06-07 MINUTE entry before the Honorable Martha M. Pacold: The letters recently appearing on the docket [116] appear identical to those already placed on the docket, [110]. All current deadlines remain in place.
118 2023-06-09 MINUTE entry before the Honorable Martha M. Pacold: Seeing as no further brief has been filed in response to the court's 5/31/2023 minute entry, [115], the court assumes that plaintiff intends to wait to seek a default judgment until the case against defendant Koogel Store has been resolved. In the 7/17/2023 status report ordered by Judge McShain, plaintiff should confirm that this is its intended approach.
119 2023-06-26 STIPULATION of Dismissal Joint Stipulation of Dismissal as to Koogel Store
120 2023-06-27 MINUTE entry before the Honorable Martha M. Pacold: The court has received the stipulation of dismissal [119], which seeks to dismiss defendant Koogel Store under Rule 41(a). 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 dropping defendant Koogel Store from the Annex 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 Annex A form by 6/30/2023 identifying the remaining defendants. Koogel Store terminated.
121 2023-06-27 AMENDED Annex A to the Complaint
[+] 122 2023-07-14 MOTION by Plaintiff Choon's Design LLCLeave to Amend Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter Presented before Presiding Judge
123 2023-07-17 STATUS Report by Choon's Design LLC Presented before Presiding Judge
124 2023-07-19 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Annex A to the complaint instanter [122] is granted. Plaintiff is directed to file an amended Annex A as a separate entry on the docket by 7/21/2023. Xisheng US terminated.
125 2023-07-19 AMENDED Amended Annex A to Complaint
126 2023-07-19 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report [123]. Plaintiff's motion for default judgment due by 7/24/2023.
127 2023-07-24 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the status report filed by plaintiff [123], which reports that defendant Koogel Stores has been removed from the case based on the parties' agreement and that plaintiff intends to pursue default judgment against all remaining defendants. The report was supposed to include confirmation that all fact discovery has been completed, but the Court understands, based on plaintiff's plans for next steps with the litigation, that there is no need for further discovery in this case. Accordingly, all matters in the referral of this case to the undersigned having been completed [52], the referral in this case is hereby closed, and the case is returned to the District Judge for all further proceedings. Mailed notice.
[+] 128 2023-07-24 MOTION by Plaintiff Choon's Design LLCLeave to Amend Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter
129 2023-07-24 MOTION by Plaintiff Choon's Design LLC for default judgment as to Plaintiff's Motion for Entry of Default Judgment
[+] 130 2023-07-24 MEMORANDUM Plaintiff's Memorandum of Law in Support of its Motion for Default Judgment
131 2023-07-24 DECLARATION of Kelley Gordon
132 2023-07-26 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file an amended Annex A by dropping defendant No. 150 Xonhzam [128] is granted. Xonhzam terminated. Plaintiff is directed to file an amended Annex A on the docket by 7/28/2023.
133 2023-07-26 MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintiff's motion for default judgment [129] under advisement. Any defendant objecting to plaintiff's motion for default judgment [129] must enter an appearance and file a written objection by 8/8/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice and file a certificate of service on the docket.
134 2023-07-26 ATTORNEY Appearance for Defendants piero, piero by Erin Kathryn Russell
135 2023-07-26 MOTION by Defendant piero for extension of time to file answer regarding complaint[1] (UNOPPOSED)
136 2023-07-26 AMENDED Amended Annex A to Complaint
137 2023-07-26 CERTIFICATE Certificate of Service
138 2023-08-10 MINUTE entry before the Honorable Martha M. Pacold: Defendant piero's unopposed motion for an extension of time to answer or otherwise plead to the complaint [135] is granted. Defendant piero to answer or otherwise plead by 8/30/2023. The parties should file a joint status report by 9/1/2023 if defendant piero is not dismissed by that date.
[+] 139 2023-08-15 MOTION by Plaintiff Choon's Design LLCLeave to Amend Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter
140 2023-08-17 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Annex A by dropping defendants No. 172 Ronxi-US and No. 261 piero [139] is granted. Plaintiff is directed to file the amended Annex A as a separate entry on the docket by 8/18/2023. Defendants Roxi-US and piero terminated.
141 2023-08-17 AMENDED Amended Annex A to Complaint
142 2023-11-06 STATUS Report Status Report and Request for Status Hearing by Choon's Design LLC
143 2023-11-14 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report [142]. A telephonic status hearing is set for 12/8/2023 at 8:45 a.m. 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.
144 2023-11-15 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion for entry of default judgment [129]. Default judgment is not appropriate, however, until after plaintiff has sought and obtained an entry of default. See In re Catt, 368 F.3d 789, 793 (7th Cir.2004) ("There are two stages in a default proceeding: the establishment of the default, and the actual entry of a default judgment. Once the default is established, and thus liability, the plaintiff still must establish his entitlement to the relief he seeks."). Accordingly, plaintiffs' motion for default judgment [129] is denied without prejudice to refiling after plaintiff has sought and obtained entry of default pursuant to Federal Rule of Civil Procedure 55(a).
145 2023-12-07 MINUTE entry before the Honorable Martha M. Pacold: The telephone status hearing set for 12/8/23 is stricken and reset to 12/19/23 at 8:45 a.m. 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.
[+] 146 2023-12-18 MOTION by Plaintiff Choon's Design LLCMotion for Leave to Amend Annex A to the Complaint Instanter
147 2023-12-19 MINUTE entry before the Honorable Martha M. Pacold: The telephone status hearing set for 12/19/23 is stricken and reset to 12/21/2023 at 8:00 a.m. CT 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.
148 2023-12-21 AMENDED Annex A to the Complaint
149 2023-12-21 MINUTE entry before the Honorable Martha M. Pacold: Telephone status hearing held on 12/21/2023. Counsel for plaintiff appeared. Plaintiff's motion for leave to amend Annex A to the complaint [146] is granted. The amended Annex A has been filed on the docket [148]. Defendant No. 111 Baby night cradle Store is hereby dismissed without prejudice.
150 2023-12-21 AMENDED CORRECTED Amended Annex A to the Complaint
151 2023-12-28 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.
[+] 152 2024-01-05 MOTION by Plaintiff Choon's Design LLC for default judgment as to Plaintiff's Motion for Entry of Default Pursuant to Fed.R.Civ.P.55(A)
153 2024-01-15 ATTORNEY Appearance for Defendant Homkare by Christopher Paul Keleher
154 2024-01-15 MOTION by Defendant Homkare for extension of time to file answer regarding complaint[1]
155 2024-01-18 MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant Homkare's motion for extension of time to answer or otherwise plead [154]. The motion does not indicate whether or not it is opposed. By 1/23/2024, plaintiff and defendant Homkare should file a joint status report indicating whether or not the motion is opposed and providing an update on the status of settlement discussions.
156 2024-01-19 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default judgment 152 must enter an appearance and file a written objection by 1/30/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
157 2024-01-19 CERTIFICATE of Service by Plaintiff Choon's Design LLC
158 2024-01-22 STATUS Report JOINT by Homkare
159 2024-01-23 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report 158. Defendant Homkare's unopposed motion for extension of time to answer or otherwise plead 154 is granted. Defendant's answer or otherwise responsive pleading is due by 2/5/24. Mailed notice
160 2024-02-04 MOTION by Defendant Homkare for extension of time to file answer regarding complaint[1] UNOPPOSED
[+] 161 2024-02-06 MOTION by Plaintiff Choon's Design LLCLeave to Amend Plaintiff's Motion for Leave to Amend Annex A to the Complaint Instanter
162 2024-02-12 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Annex A to the complaint, [161] is granted. Defendant No. 167 Homkare is dismissed with prejudice. By 2/15/24, plaintiff should file the amended schedule A on the docket. Defendant Homkare's motion for extension of time to file an answer, [160] is denied as moot. By 2/15/24, plaintiff should file a status report updating the court whether any defendants remain who have appeared and not been dismissed.
163 2024-02-12 AMENDED Annex A to the Complaint
164 2024-02-14 STATUS Report by Choon's Design LLC
165 2024-02-15 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, 164. By 2/16/24, plaintiff should submit an updated proposed default order to the proposed order inbox.
166 2024-02-21 MINUTE entry before the Honorable Martha M. Pacold: Defendants did not file a response to the motion for entry of default, 152, and have not otherwise participated in the litigation. The motion for entry of default judgment 152 is granted. Default is entered against the defendants in the Amended Annex A, 163, under Rule 55(a). Enter Order. Plaintiff should file by 3/5/2024 a status report with an update on the status of the case.
167 2024-02-21 ORDER Entry of Default Signed by the Honorable Martha M. Pacold on 2/21/2024:
168 2024-03-05 MOTION by Plaintiff Choon's Design LLC for default judgment as to Fed. R. Civ. 55(b)
[+] 169 2024-03-05 MEMORANDUM by Choon's Design LLC in support of motion for default judgment[168]
170 2024-03-05 STATUS Report by Choon's Design LLC
171 2024-03-06 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default judgment, 168, must enter an appearance and file a written objection by 3/15/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
172 2024-03-06 CERTIFICATE of Service by Plaintiff Choon's Design LLC
173 2024-03-18 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's proposed default judgment order, but plaintiff did not submit a track changes version. By 3/20/24, plaintiff should submit a proposed default judgment order and track changes version to the proposed order inbox in accordance with the court's standing orders.
174 2024-03-21 ORDER: No defendant has responded to plaintiff's motion for entry of default judgment, 168. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of 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 $2,000,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in theform 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 $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, Marshall, Gerstein & Borun LLP, 233 S. Wacker Drive, Suite 6300, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 3/21/2024. Mailed notice
175 2024-03-21 DEFAULT JUDGMENT. Signed by the Honorable Martha M. Pacold on 3/21/2024. Mailed notice
176 2024-04-03 SATISFACTION of Judgment
177 2024-05-10 SATISFACTION of Judgment