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[+]
1
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2022-11-21 |
COMPLAINT filed by Blue Spring Partners, LLC; Filing fee $ 402, receipt number AILNDC-20067191. |
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Exhibit Ex. 1 Fin Fun Copyright Registrations |
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(Exhibit Ex. 2 Provisionally Filed Under Seal - Schedule A slip sheet) |
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2
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2022-11-21 |
CIVIL Cover Sheet |
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3
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2022-11-21 |
ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by David Edward Hutchinson |
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4
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2022-11-21 |
SEALED DOCUMENT by Plaintiff Blue Spring Partners, LLC Schedule A to the Complaint |
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5
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2022-11-21 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Spring Partners, LLC |
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[+]
6
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2022-11-21 |
CLAIM by Blue Spring Partners, LLC regarding complaint, 1 of Copyright infringements. |
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(Supplement Schedule A to AO 121 form) |
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[+]
7
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2022-11-21 |
EX PARTE MOTION by Plaintiff Blue Spring Partners, LLC to File Under Seal. |
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CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (Text entry; no document attached.) |
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[+]
8
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2022-11-21 |
EX PARTE MOTION by Plaintiff Blue Spring Partners, LLC to for Temporary Restraining Order. |
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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. (Text entry; no document attached.) |
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[+]
9
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2022-11-21 |
MOTION by Plaintiff Blue Spring Partners, LLC for leave to file excess pages for memo in support of Plaintiff |
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Supplement Memorandum in support of Temporary Restraining Order |
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Declaration Attorney Declaration (David E. Hutchinson) in support of Temporary Restraining Order |
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Exhibit Ex. 1 to Attorney Declaration - Jan 2011 Mark Monitor |
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Exhibit Ex. 2 to Attorney Declaration - 2020 IP Rights Seizures Stat Report |
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Exhibit Ex. 3 to Attorney Declaration - BASCAP Report |
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Exhibit Ex. 4 to Attorney Declaration - ICANN Registrar Accreditation Agreement |
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Exhibit Ex. 5 to Attorney Declaration - Hague Convention on Service Abroad |
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Exhibit Ex. 6 to Attorney Declaration - Translation of Civil Procedure Law of the People of China |
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Declaration Declaration of Eric Browning (Client) |
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(Exhibit Ex. 1 to Declaration of Eric Browning (Fin Fun Copyright Registrations)) |
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[+]
10
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2022-11-21 |
SEALED DOCUMENT by Plaintiff Blue Spring Partners, LLC Ex. 2 (Parts 1-22) of Declaration of Eric Browning. |
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Exhibit Ex. 2 (2 of 22) of Eric Browning Declaration |
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Exhibit Ex. 2 (3 of 22) of Eric Browning Declaration |
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Exhibit Ex. 2 (4 of 22) of Eric Browning Declaration |
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Exhibit Ex. 2 (5 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (6 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (7 of 22) of Declaration of Eric Browning |
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Errata Ex. 2 (8 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (9 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (10 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (11 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (12 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (13 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (14 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (15 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (16 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (17 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (18 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (19 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (20 of 22) of Declaration of Eric Browning |
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Exhibit Ex. 2 (21 of 22) of Declaration of Eric Browning |
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(Exhibit Ex. 2 (22 of 22) of Declaration of Eric Browning) |
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11
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2022-11-21 |
ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by Anna Iskikian |
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12
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2022-11-22 |
MAILED copyright report to Registrar, Washington DC. |
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13
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2022-11-23 |
MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions (7, 8, 9), the supporting memorandum [9-1] and the temporary restraining order, plaintiff's motions for leave to file under seal 7 and for leave to file excess pages 9 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary transfer of defendant domain names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 8 is granted, except to the extent that the motion seeks a temporary transfer of defendant's internet stores. 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 five thousand dollars ($5,000.00), either cash or surety bond, as security. |
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14
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2022-11-23 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/23/2022: |
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[+]
15
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2022-11-28 |
Registry Deposit Information Form by Blue Spring Partners, LLC $5,000 Deposit. |
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BOND in the amount of $ 5,000.00 via check, Receipt No. 4624279515 posted by Blue Spring Partners, LLC (Text entry; no document attached.) |
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[+]
16
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2022-12-01 |
EX PARTE MOTION by Plaintiff Blue Spring Partners, LLC to Extend Temporary Restraining Order |
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Memorandum in support of Ex Parte Motion to Extend Temporary Restraining Order |
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(David Hutchinson's Declaration in support of Ex Parte Motion to Extend Temporary Restraining Order) |
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17
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2022-12-02 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 16 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 14 entered on 11/23/2022 is extended until 12/21/2022. |
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[+]
18
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2022-12-02 |
SEALED ORDER EXTENDING TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/2/2022: |
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SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A to the Complaint (Text entry; no document attached.) |
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19
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2022-12-16 |
ATTORNEY Appearance for Defendants C-Sports, Lotiang, Hulaha, PURFEL, Familycrazy, Garlagy, Fishtailfun Group, Aukidwld INC, Youniliyu, Superband, Punk and Rock, Lovely Mermaid (Juliseeme), Choadam, fangwenlt, Surejoymall, exoman, global cosplay, Moonlight clothing store, DC-Supernice, Newland Niulai, whopawho Store, Aixuanyu Costume Store, RQ Mermaidee Store, Mermaid-Dream Store, sonikey Costume Store, XZLMARV Store, XinCos1 Store, Bylulis Store, FashionCos Store, Robe Cape Costume Store, PrettyGirl Costume Store, Woodpencil Store, VACIGODEN CS Store by Adam Edward Urbanczyk |
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20
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2022-12-16 |
SUMMONS Returned Executed by Blue Spring Partners, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A to the Complaint on 12/16/2022, answer due 1/6/2023. |
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[+]
21
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2022-12-16 |
MOTION by Plaintiff Blue Spring Partners, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction. |
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Supplement Memo in support of Motion for Preliminary Injunction |
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(Declaration David E. Hutchinson Declaration in support of Motion for Preliminary Injunction) |
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22
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2022-12-19 |
MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 21 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/30/2022. Plaintiff shall serve all defendants with this notice. |
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23
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2022-12-19 |
ATTORNEY Appearance for Defendant Will-vines by Adam Edward Urbanczyk |
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24
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2022-12-19 |
CERTIFICATE of Service by Plaintiff Blue Spring Partners, LLC regarding set motion and R&R deadlines/hearings, 22 to the Defendants. |
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25
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2022-12-19 |
ATTORNEY Appearance for Defendant HuaAngel by Adam Edward Urbanczyk |
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26
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2022-12-27 |
NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant No. 62 (Gym Compression&Tights Store) and Defendant No. 74 (Lora Rossie). |
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27
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2022-12-27 |
ATTORNEY Appearance for Defendant fantext by Adam Edward Urbanczyk |
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28
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2022-12-29 |
ATTORNEY Appearance for Defendants (154) VASTSEE, (122) Caitzr, (123) DGMTY, (128) haoshengqiyue, (133) minggong, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (156) yuanhuisheng, (157) yuehongyang, (147) shenzhenshishilongwangluokejiyouxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (134) Moning, (120) BigOrder, (155) Venkuber, (152) Sweeky, (127) guangzhouzhongyingdianzishangwuyouxiangongsi by Lydia Pittaway |
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29
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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. |
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30
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2022-12-30 |
MOTION by Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang in Opposition of Plaintiff's Motion for Preliminary Injunction and Request for Briefing Schedule |
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31
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2022-12-30 |
MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal 26, which seeks to voluntarily dismiss defendants Gym Compression&Tights Store and Lora Rossie 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 Gym Compression&Tights Store and Lora Rossie 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 1/6/2023 identifying the remaining defendants. |
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[+]
32
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2022-12-30 |
RESPONSE by Aixuanyu Costume Store, Aukidwld INC, Bylulis Store, C-Sports, Choadam, DC-Supernice, Familycrazy, FashionCos Store, Fishtailfun Group, Garlagy, HuaAngel, Hulaha, Lotiang, Lovely Mermaid (Juliseeme), Mermaid-Dream Store, Moonlight clothing store, Newland Niulai, PURFEL, PrettyGirl Costume Store, Punk and Rock, RQ Mermaidee Store, Robe Cape Costume Store, Superband, Surejoymall, VACIGODEN CS Store, Will-vines, Woodpencil Store, XZLMARV Store, XinCos1 Store, Youniliyu, exoman, fangwenlt, fantext, global cosplay, sonikey Costume Store, whopawho Storein Opposition to MOTION by Plaintiff Blue Spring Partners, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction. 21 |
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(Exhibit 1) |
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33
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2023-01-03 |
MINUTE entry before the Honorable Martha M. Pacold: 1. Other than the objecting defendants discussed below, no defendant appeared and objected to the motion for preliminary injunction by the 12/30/2022 deadline that the court previously set. 22. Plaintiff is directed to submit to the court's proposed order box promptly, and no later than 1/9/2023, a proposed preliminary injunction order that excepts the objecting defendants, along with a track changes comparison to the template order on the court's website. 2. Two sets of defendants filed on 12/30/2022 objections to the motion for preliminary injunction. 30, 32. The motion for preliminary injunction is considered opposed as to those defendants (the objecting defendants). 3. As to the first objection, 30 (styled as a motion in opposition to Plaintiff's motion for preliminary injunction and request for briefing schedule): The motion in opposition to Plaintiff's motion for preliminary injunction and request for briefing schedule 30 is granted in part. The motion is granted to the extent that Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, and (157) yuehongyang should file their response to Plaintiff's motion for preliminary injunction by 1/25/2023. To the extent that Defendants request a reduction in the asset restraint, the motion is denied as moot, as the TRO that imposed the asset restraint expired on 12/21/2022. See 17, 18. I.e., the TRO (which included the asset restraint) is no longer in place. The motion for preliminary injunction seeks an asset restraint (among other relief), but that motion is pending and a briefing schedule on the motion for preliminary injunction has been set. 4. As to the second objection, 32 : Defendants Aixuanyu Costume Store, Aukidwld INC, Bylulis Store, C-Sports, Choadam, DC-Supernice, Familycrazy, FashionCos Store, Fishtailfun Group, Garlagy, HuaAngel, Hulaha, Lotiang, Lovely Mermaid (Juliseeme), Mermaid-Dream Store, Moonlight clothing store, Newland Niulai, PURFEL, PrettyGirl Costume Store, Punk and Rock, RQ Mermaidee Store, Robe Cape Costume Store, Superband, Surejoymall, VACIGODEN CS Store, Will-vines, Woodpencil Store, XZLMARV Store, XinCos1 Store, Youniliyu, exoman, fangwenlt, fantext, global cosplay, sonikey Costume Store, and whopawho Storein should confer with Plaintiff and, by 1/9/2023, submit to the proposed order box a proposed schedule for any reply by Plaintiff. |
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34
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2023-01-03 |
AMENDED add and terminate parties, 31 First Amended Schedule A to the Complaint. |
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35
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2023-01-03 |
NOTICE by Blue Spring Partners, LLC re add and terminate parties, 31, amended document 34 Plaintiff's Notice of Filing First Amended Schedule A. |
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36
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2023-01-03 |
ANSWER to Complaint by Aixuanyu Costume Store, Aukidwld INC, Bylulis Store, C-Sports, Choadam, DC-Supernice, Familycrazy, FashionCos Store, Fishtailfun Group, Garlagy, HuaAngel, Hulaha, Lotiang, Lovely Mermaid (Juliseeme), Mermaid-Dream Store, Moonlight clothing store, Newland Niulai, PURFEL, PrettyGirl Costume Store, Punk and Rock, RQ Mermaidee Store, Robe Cape Costume Store, Superband, Surejoymall, VACIGODEN CS Store, Will-vines, Woodpencil Store, XZLMARV Store, XinCos1 Store, Youniliyu, exoman, fangwenlt, fantext, global cosplay, sonikey Costume Store, whopawho Store |
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[+]
37
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2023-01-04 |
MOTION by Plaintiff Blue Spring Partners, LLC for extension of time Plaintiff's Second Motion to Extend Temporary Restraining Order Against Objecting Defendants |
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Supplement Memo in support of Plaintiff's Second Motion to Extend TRO |
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(Declaration Declaration of David E. Hutchinson in support of Plaintiff's Second Motion to Extend TRO) |
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38
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2023-01-06 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to extend the temporary restraining order against objecting defendants 37 is denied. Under Federal Rule of Civil Procedure 65(b)(2), a TRO "expires at the time after entry-not to exceed 14 days-that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension." See H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012) ("If a court fails either to extend the TRO or to issue a preliminary injunction in its place, the TRO expires at the close of the 28-day period. 'Where a court intends to supplant such an order with a preliminary injunction of unlimited duration pending a final decision on the merits or further order of the court, it should issue an order clearly saying so. And where it has not done so, a party against whom a temporary restraining order has issued may reasonably assume that the order has expired within the time limits imposed by Rule 65(b).' Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers Local No. 70 of Alameda County, 415 U.S. 423, 444-45 (1974) (defendant could not be held in contempt for violating TRO that was silent on its face as to its intended duration; without either extension of TRO or issuance of preliminary injunction, TRO could be presumed to have expired as of Rule 65(b) time limit)."). The court first entered a TRO in this case on 11/23/2022. 14. The TRO was then extended by a period of 14 days until December 21, 2022. 18. Plaintiff did not move to extend the TRO again until 1/4/2023, and Plaintiff's motion does not state that Defendants consent to a longer extension. Thus, the motion to extend the temporary restraining order 37 is denied. If Plaintiff would like to propose a more expedited briefing schedule on the motion for preliminary injunction as to the objecting defendants, Plaintiff may do so. |
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39
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2023-01-10 |
MINUTE entry before the Honorable Martha M. Pacold: Counsel for Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang is directed to file by 1/16/2023 a statement confirming that counsel has complied with Local Rule 83.15, or if not, explaining why not. See 1:22-cv-04973 Zinkia Entertainment v. The Partnerships. Failure to comply with the rule may result in documents filed by counsel being stricken by the court. See L.R. 83.15(b). |
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40
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2023-01-12 |
MOTION by Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang for extension of time (unopposed) |
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41
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2023-01-13 |
MOTION by Plaintiff Blue Spring Partners, LLC to amend/correct Schedule A to the Complaint Instanter. |
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42
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2023-01-13 |
AMENDED Second Amended Schedule A to the Complaint Instanter. |
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43
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2023-01-15 |
ATTORNEY Appearance for Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang by Michael Thomas Stanley |
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44
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2023-01-16 |
Notice of Compliance by (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang |
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45
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2023-01-18 |
MINUTE entry before the Honorable Martha M. Pacold: As to settling defendants: Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) 41 is granted. Plaintiff has filed an amended Schedule A on the docket 42. Defendants No. 49 Creamcake, No. 64 hengshuai, No. 68 Jasmey, No. 70 Kiminging, No. 73 LLH store, and No. 96 XFVSDXS terminated. |
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46
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2023-01-18 |
MINUTE entry before the Honorable Martha M. Pacold: As to nonobjecting defendants: By 1/25/2023, plaintiff should send to the proposed order box an updated proposed preliminary injunction order and accompanying Schedule A that clearly exempts both the objecting defendants and all defendants that have settled, both in the text of the proposed order and on the accompanying Schedule A. |
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47
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2023-01-18 |
MINUTE entry before the Honorable Martha M. Pacold: As to the BigOrder Defendants: Certain defendants (the "BigOrder Defendants") filed a notice of compliance 44. The notice addresses the court's order regarding compliance with Local Rule 83.15 39. |
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48
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2023-01-18 |
MINUTE entry before the Honorable Martha M. Pacold: As to the BigOrder Defendants: The BigOrder Defendants' unopposed motion for an extension of time to respond to the complaint 40 is granted. These defendants have until 2/21/2023 to answer or otherwise respond to the complaint. |
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49
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2023-01-18 |
MINUTE entry before the Honorable Martha M. Pacold: As to the Aixuanyu Costume Store Defendants: Certain Defendants (the "Aixuanyu Costume Store Defendants") filed a response, 32, to the motion for entry of a preliminary injunction, 21. Plaintiff has until 1/30/2023 to file its reply. |
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50
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2023-01-18 |
MINUTE entry before the Honorable Martha M. Pacold: As to joinder: By 4:00 p.m. on 1/25/2023, plaintiff and each set of appearing defendants should file simultaneous briefs (limited to 5 pages, excluding caption and signature block) addressing whether joinder of all defendants in a single case remains appropriate. The complaint alleged that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." Complaint, 1, paragraph 2. However, two separate sets of defendants (totaling 58 of 170 original defendants) have appeared and are litigating the case on separate schedules (in terms of responding to the preliminary injunction motion and answering the complaint), raising the possibility that this case could effectively become multiple cases litigated by separate defendants on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, the parties' briefs should address whether, under Fed. R. Civ. P. 20 and 21 (and any other relevant authority), one or more defendant(s) or set(s) of defendants should be severed into a separate case, in which plaintiff would pay the filing fee and then the case would proceed. |
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51
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2023-01-20 |
MINUTE entry before the Honorable Martha M. Pacold: As to nonobjecting defendants: Aside from the 58 defendants that appeared in this case (the BigOrder Defendants and the Aixuanyu Costume Store Defendants), no other defendant has appeared or filed an objection to the motion for preliminary injunction 21. Plaintiffs' motion for preliminary injunction 21 is granted in part and continued in part. As to all nonobjecting defendants, a preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. As to all objecting defendants, the motion for preliminary injunction is continued. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add to the court's docket within three business days all defendants listed on the attached exhibit that are not already on the docket. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. |
|
52
|
2023-01-20 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 1/20/2023: |
|
[+]
53
|
2023-01-20 |
ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 1/20/2023. Mailed notice |
|
|
(Hutchinson, David) (Entered: 01/24/2023) (Text entry; no document attached.) |
|
[+]
54
|
2023-01-25 |
MEMORANDUM by Blue Spring Partners, LLC Plaintiff's Memorandum that Joinder Remains Appropriate. |
|
|
Declaration Declaration of David E. Hutchinson |
|
|
Exhibit Exhibit 1 |
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|
Exhibit Exhibit 2 |
|
|
Exhibit Exhibit 3 |
|
|
Exhibit Exhibit 4 |
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(Exhibit Exhibit 5) |
|
55
|
2023-01-25 |
MEMORANDUM by (120) BigOrder, (122) Caitzr, (123) DGMTY, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang ON JOINDER IN RESPONSE TO COURT ORDER (D.E. 50) |
|
56
|
2023-01-25 |
MEMORANDUM by (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang, BigOrder (120), C-Sports (52) ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IN RESPONSE TO COURT ORDER (D.E. 33) |
|
57
|
2023-01-25 |
MEMORANDUM text entry, 50 by Aixuanyu Costume Store, Aukidwld INC, Bylulis Store, C-Sports, Choadam, DC-Supernice, Familycrazy, FashionCos Store, Fishtailfun Group, Garlagy, HuaAngel, Hulaha, Lotiang, Lovely Mermaid (Juliseeme), Mermaid-Dream Store, Moonlight clothing store, Newland Niulai, PURFEL, PrettyGirl Costume Store, Punk and Rock, RQ Mermaidee Store, Robe Cape Costume Store, Superband, Surejoymall, VACIGODEN CS Store, Will-vines, Woodpencil Store, XZLMARV Store, XinCos1 Store, Youniliyu, exoman, fangwenlt, global cosplay, sonikey Costume Store, whopawho Store |
|
58
|
2023-01-26 |
MOTION by Plaintiff Blue Spring Partners, LLC to amend/correct Schedule A to the Complaint Instanter. |
|
59
|
2023-01-26 |
AMENDED Third Amended Schedule A to the Complaint Instanter. |
|
60
|
2023-01-27 |
MINUTE entry before the Honorable Martha M. Pacold: As to the BigOrder Defendants: Certain defendants (the "BigOrder Defendants") filed a response, 56, to the motion for preliminary injunction, 21. Plaintiff has until 2/9/2023 to file its reply. |
|
61
|
2023-01-27 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) 58 is granted. Plaintiff has filed an amended Schedule A on the docket 59. Defendants No. 51 clothesteam, No. 65 HuBeiYunBaoXieYeYouXianGongSi, No. 71 Krarici, No. 80 Navoky, No. 89 Tempura 8-13 Days Arrival, and No. 92 UBeetp terminated. |
|
62
|
2023-01-30 |
MINUTE entry before the Honorable Martha M. Pacold: As to joinder: The court has reviewed the parties' memoranda on joinder. 54, 55, 57. All parties agree that joinder remains appropriate. 54, 55, 57. However, even if joinder were proper under Rule 20(a)(2) (an issue the court does not reach at this time), "[i]t is within the district court's broad discretion whether to sever a claim under Rule 21." Rice v. Sunrise Express, Inc., 209 F.3d 1008, 1016 (7th Cir. 2000). At this time, the court will not sever any of the defendants into separate cases. Going forward, the parties should make every effort to coordinate the schedule so that significant briefing is on the same or similar tracks for all parties. If the case becomes unwieldy, the court will revisit the question of joinder. By 2/13/2023, the parties should file a joint status report updating the court on the status of settlement. |
|
[+]
63
|
2023-01-30 |
REPLY by Plaintiff Blue Spring Partners, LLC to response in opposition to motion, 32 Plaintiff's Reply to ECF 32 in support of Plaintiff's Motion for Entry of Preliminary Injunction [ECF 21]. |
|
|
(Exhibit Exhibit 1 to Reply Brief to Aixuanyu Defendants) |
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[+]
64
|
2023-02-03 |
MOTION by Plaintiff Blue Spring Partners, LLC for entry of default and default judgment. |
|
|
Supplement Memo in support of Motion for Entry of Default and Default Judgment |
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|
Declaration Declaration of David E. Hutchinson in support of Motion for Entry of Default and Default Judgment |
|
|
Exhibit Ex. A - Service |
|
|
Exhibit Ex. B - Case Website |
|
|
Exhibit Ex. C - Fourth Amended Schedule A |
|
|
(Exhibit Ex. D - Iron Maiden Default Judgment) |
|
65
|
2023-02-07 |
ATTORNEY Appearance for Defendants Beiwei (119), Caihui (121), Jiangsiyun (130), Yueteng (158) by Tianyu Ju |
|
66
|
2023-02-07 |
ATTORNEY Appearance for Defendants Beiwei (119), Caihui (121), Jiangsiyun (130), Yueteng (158) by Ruoting Men |
|
67
|
2023-02-07 |
MINUTE entry before the Honorable Martha M. Pacold: By 2/28/2023, 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. |
|
68
|
2023-02-09 |
REPLY by Plaintiff Blue Spring Partners, LLC to memorandum, 56, motion for preliminary injunction, 21 Plaintiff's Reply to ECF 56 in Support of Plaintiff's Motion for Entry of Preliminary Injunction (ECF 21). |
|
69
|
2023-02-10 |
MOTION by Plaintiff Blue Spring Partners, LLC to amend/correct Schedule A to the Complaint Instanter. |
|
70
|
2023-02-10 |
AMENDED Fifth Amended Schedule A to the Complaint Instanter. |
|
71
|
2023-02-13 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 69 is granted. Plaintiff has filed an amended Schedule A on the docket 70. Defendants No. 55 Dressy Daisy, No. 69 jfpjfpofj, No. 95 WJCDD, No. 99 ZMMbeimeidian, No. 112 nikusys, No. 117 wangzry, No. 131 Lanqinglv, No. 137 shan tou shi hong yang xin xi ke ji you xian gong si terminated. |
|
72
|
2023-02-13 |
STATUS Report Plaintiff's Status Report Regarding the Objecting Defendants by Blue Spring Partners, LLC |
|
73
|
2023-02-15 |
MINUTE entry before the Honorable Martha M. Pacold: By 3/14/2023, the parties should file a joint status report updating the court on the status of settlement. |
|
74
|
2023-02-28 |
STIPULATION of Dismissal (Joint Stipulation of Dismissal) |
|
75
|
2023-02-28 |
MOTION by Plaintiff Blue Spring Partners, LLC to amend/correct Schedule A to the Complaint Instanter |
|
76
|
2023-02-28 |
AMENDED Sixth Amended Schedule A to the Complaint Instanter |
|
77
|
2023-02-28 |
CERTIFICATE of Service by Plaintiff Blue Spring Partners, LLC regarding text entry, 67 |
|
78
|
2023-02-28 |
MEMORANDUM text entry, 67 by Blue Spring Partners, LLC Plaintiff's Memorandum that Default Judgment Against Some But Not All Defendants Is Appropriate |
|
79
|
2023-03-02 |
ORDER: The court has reviewed the parties' joint stipulation of dismissal 74, which seeks to voluntarily dismiss the claims against the "Aixuanyu Defendants" with prejudice pursuant to Rule 41(a)(1)(A)(ii). 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 the joint stipulation of dismissal as a request for leave to amend the pleadings under Rule 15(a)(2). See id. at 85758. Plaintiff separately moved to amend the pleadings under this rule 75. Plaintiff's motion for leave to amend the pleadings 75 (and the joint stipulation of dismissal, construed as a request for leave to amend the pleadings 74) is granted. Plaintiff has already filed the sixth amended Schedule A 76 identifying the remaining defendants. Defendants Aixuanyu Costume Store, FashionCos Store, Mermaid-Dream Store, PrettyGirl Costume Store, Robe Cape Costume Store, sonikey Costume Store, VACIGODEN CS Store, whopawho Store, woodpencil Store, XinCos1 Store, XZLMARV Store, Aukidwld INC, Choadam, C-Sports, DC-Supernice, fangwenlt, familycrazy, Fishtailfun Group, Garlagy, Hulaha, Lotiang, Lovely Mermaid, Newland Niulai, Punk and Rock, PURFEEL, Superband, Surejoymall, Will-vines, Youniliyu, HuaAngel, exo-man, Global Cosplay, Moonlight clothing store, identified as Defendant Nos. 5, 15, 20, 23, 25, 37, 40, 41, 42, 43, 44, 46, 50, 52, 53, 56, 57, 58, 60, 66, 75, 76, 82, 83, 84, 87, 88, 94, 98, 129, 161, 163, and 166 (collectively, the "Aixuanyu Defendants") terminated Signed by the Honorable Martha M. Pacold on 3/2/2023. Mailed notice. |
|
80
|
2023-03-02 |
MINUTE entry before the Honorable Martha M. Pacold: By 3/9/2023, 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). |
|
81
|
2023-03-08 |
ATTORNEY Appearance for Defendants Beiwei (119), Caihui (121), Jiangsiyun (130), Yueteng (158) by Timothy Tiewei Wang |
|
82
|
2023-03-08 |
MOTION by Attorney Ruoting Men to withdraw as attorney for Beiwei (119), Caihui (121), Jiangsiyun (130), Yueteng (158). No party information provided |
|
83
|
2023-03-09 |
STATUS Report Plaintiff's Status Report Regarding the Appearing Defendants (Joint Status Report) by Blue Spring Partners, LLC |
|
84
|
2023-03-10 |
ORDER: The motion to withdraw Ruoting Men and Tianyu Ju as counsel of record for defendants Beiwei (119), Caihui (121), Jiangsiyun (130), Yueteng (158) 82 is granted. Signed by the Honorable Martha M. Pacold on 3/10/2023. Mailed notice |
|
85
|
2023-03-10 |
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report 83. By 4/11/2023, 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). |
|
86
|
2023-03-13 |
NOTICE by Bylulis Store, RQ Mermaidee Store, RQ Mermaidee Store (26), fantext re response in opposition to motion, 32 of Withdrawal of Opposition |
|
87
|
2023-03-14 |
MINUTE entry before the Honorable Martha M. Pacold: The status report filing date of 3/14/2023 73 is stricken. The status report filing date of 4/11/2023 85 stands. |
|
[+]
88
|
2023-03-14 |
MOTION by Attorney Adam Edward Urbanczyk to withdraw as attorney for Bylulis Store, Bylulis Store (8), RQ Mermaidee Store, RQ Mermaidee Store (26), fantext. New address information: Xuechun Zhang LianHuXinCun 6-801,TangXiaZhen, DongGuan, Guandong, China [bylulis store]; Zhirong Zhou Shenzhen City Longgang District Henggang Street Kaidaan B506, Guangdong Province, China [RQ Mermaid Store] |
|
|
Declaration Xuechun Zhang |
|
|
Declaration Zhirong Zhou |
|
|
(Exhibit Party Contact Form) |
|
89
|
2023-03-15 |
ATTORNEY Appearance for Defendants Caihui (121), Beiwei, Jiangsiyun, Yueteng by Adam Edward Urbanczyk |
|
90
|
2023-03-15 |
MOTION by Defendants Beiwei, Caihui (121), Jiangsiyun, Yueteng for extension of time |
|
91
|
2023-03-15 |
ORDER: Adam Edward Urbanczyk's unopposed motion to withdraw as counsel of record on behalf of Bylulis Store, RQ Mermaidee Store, RQ Mermaidee Store (26), and fantext 88 is granted. New address information for Bylulis Store: Xuechun Zhang LianHuXinCun 6-801,TangXiaZhen, DongGuan, Guandong, China. New address information for RQ Mermaid Store: Zhirong Zhou Shenzhen City Longgang District Henggang Street Kaidaan B506, Guangdong Province, China. There is no new address information for fantext, as the motion states that fantext was misidentified as being in the case. Bylulis Store and RQ Mermaid Store are advised that as entities, they cannot represent themselves, and thus will need to find counsel to represent them; new counsel must file an appearance on the docket by 3/29/2023. Withdrawing counsel is directed to serve this order on Bylulis Store, RQ Mermaid Store, and fantext and file a certificate of service on the docket. Signed by the Honorable Martha M. Pacold on 3/15/2023.Mailed notice |
|
92
|
2023-03-16 |
MINUTE entry before the Honorable Martha M. Pacold: Defendants beiwei, Yueteng, caihui, and Jiangsiyun's motion for an extension of time to respond to the complaint 90 is granted. Defendants beiwei, Yueteng, caihui, and Jiangsiyun have until 4/5/2023 to answer or otherwise respond to the complaint. |
|
93
|
2023-03-27 |
MOTION by Plaintiff Blue Spring Partners, LLC to approve consent judgment Agreed Motion for Entry of Consent Judgment re Defendant Nos. 122 (Caitzr), 133 (minggong), 147 (shenzhenshishilongwangluokejiyouxiangongsi), and 149 (sike) (the "Caitzr Defendants") |
|
94
|
2023-03-27 |
MOTION by Plaintiff Blue Spring Partners, LLC to approve consent judgment re Defendant Nos. 123 (DGMTY), 128 (haoshengqiyue), 138 (Shanghai Leiyuan Energy Technology Co., Ltd.), 139 (Shenzhen Dali Industry Co., Ltd.), 142 (Shenzhen Weitian Industrial Co., Ltd.), 143 (shenzhenshi shenghuashuo dianzishangwu youxiangongsi), and 151 (suyue) (the "DGMTY Defendants") |
|
95
|
2023-03-27 |
MOTION by Plaintiff Blue Spring Partners, LLC to approve consent judgment re Defendant No. 148 (Sigeshangmao) |
|
96
|
2023-03-27 |
MOTION by Plaintiff Blue Spring Partners, LLC to approve consent judgment re Defendant No. 150 (Store shopping) |
|
97
|
2023-03-27 |
MOTION by Plaintiff Blue Spring Partners, LLC to approve consent judgment re Defendant Nos. 145 (Shenzhenshilebusishumaoyiyouxiangongsi), 156 (yuanhuisheng), and 157 (yuehongyang) (the "Yuehongyang Defendants") |
|
98
|
2023-03-29 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 93 is granted. Defendant Nos. (122) Caitzr, (133) minggong, (147) shenzhenshishilongwangluokejiyouxiangongsi, and (149) sike (the "Caitzr Defendants") are dismissed without prejudice. |
|
99
|
2023-03-29 |
CONSENT JUDGMENT as to the Caitzr Defendants Signed by the Honorable Martha M. Pacold on 3/29/2023: |
|
100
|
2023-03-29 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 94 is granted. Defendant Nos. (123) DGMTY, (128) haoshengqiyue, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, and (151) suyue, (the "DGMTY Defendants") are dismissed without prejudice. |
|
101
|
2023-03-29 |
CONSENT JUDGMENT as to the DGMTY Defendants Signed by the Honorable Martha M. Pacold on 3/29/2023: |
|
102
|
2023-03-29 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 95 is granted. Defendant No. (148) sigeshangmao is dismissed without prejudice. |
|
103
|
2023-03-29 |
CONSENT JUDGMENT as to Defendant Sigeshangmao Signed by the Honorable Martha M. Pacold on 3/29/2023: |
|
104
|
2023-03-29 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 96 is granted. Defendant No. (150) Store shopping is dismissed without prejudice. |
|
105
|
2023-03-29 |
CONSENT JUDGMENT as to Defendant Store shopping Signed by the Honorable Martha M. Pacold on 3/29/2023: |
|
106
|
2023-03-29 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment 97 is granted. Defendant Nos. (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (156) yuanhuisheng, and (157) yuehongyang are dismissed without prejudice. |
|
107
|
2023-03-29 |
CONSENT JUDGMENT as to the Yuehongyang Defendants Signed by the Honorable Martha M. Pacold on 3/29/2023: |
|
108
|
2023-03-29 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file an amended Schedule A on the docket by 3/31/2023. By 4/4/2023, 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). The 4/11/2023 status report deadline is stricken. |
|
109
|
2023-03-31 |
MOTION by Plaintiff Blue Spring Partners, LLC to amend/correct Schedule A to the Complaint Instanter |
|
110
|
2023-03-31 |
AMENDED Sixth Amended Schedule A to the Complaint Instanter |
|
111
|
2023-04-03 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 109 is granted. Plaintiff has filed an amended Schedule A on the docket 110. Defendants No. 48 Canyita, No. 81 Neal LINK, No. 97 yanmeerA, No. 110 balabala888, No. 111 egg-1688, No. 114 skea-33, No. 119 Beiwei, No. 121 Caihui, No. 122 Caitzr, No. 123 DGMTY, No. 128 haoshengqiyue, No. 130 Jiangsiyun, No. 133 minggong, No. 138 Shanghai Leiyuan Energy Technology Co., Ltd., No. 139 Shenzhen Dali Industry Co., Ltd., No. 142 Shenzhen Weitian Industrial Co., Ltd., No. 143 shenzhenshi shenghuashuo dianzishangwu youxiangongsi, No. 145 shenzhenshijiahuoyuandianzish angwuyouxiangongsi, No. 147 shenzhenshishilongwangluokeji youxiangongsi, No. 148 sigeshangmao, No. 149 sike, No. 150 Store shopping, No. 151 suyue, No. 156 yuanhuisheng, No. 157 yuehongyang, and No. 158 Yueteng terminated. Emailed notice. |
|
112
|
2023-04-03 |
STATUS Report Regarding the Appearing Defendants by Blue Spring Partners, LLC |
|
113
|
2023-04-04 |
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report 112. Plaintiff is directed to submit to the court's proposed order box promptly, and no later than 4/6/2023, a proposed preliminary injunction order that includes all remaining defendants and excepts all terminated defendants, along with a track changes comparison to the template order on the court's website. Emailed notice. |
|
114
|
2023-04-05 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff sent a question for clarification to the court's proposed order box. Plaintiff is directed to file its request for clarification on the docket. Emailed notice. |
|
115
|
2023-04-05 |
MOTION by Plaintiff Blue Spring Partners, LLC to clarify the Court's April 4, 2023 Order. |
|
116
|
2023-04-06 |
MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion to clarify 115. 1. The court previously granted in part and continued in part plaintiff's motion for preliminary injunction 51. The preliminary injunction 52 therefore applied only to defendants who had not appeared or filed an objection to plaintiff's motion. To the extent there are any defendants who were not enjoined but remain parties in this case, plaintiff should submit a revised proposed preliminary injunction that includes all remaining defendants and excepts all terminated defendants 113. For example, plaintiff's status report 112 notes that Defendants No. 8 Bylulis Store and No. 26 RQ Mermaidee Store have withdrawn their opposition to the motion for entry of preliminary injunction. However, neither defendant was enjoined by the court's prior order 52. Plaintiff's revised proposed preliminary injunction should include all remaining defendants. (2) Alternatively, if plaintiff no longer wishes to proceed on the motion for preliminary injunction (to the extent the motion was continued by the court 51), plaintiff should inform the court. (3) Plaintiff is directed to submit to the court's proposed order box promptly, and no later than 4/14/2023, a proposed entry of default and default judgment order that includes all remaining defendants and excepts all terminated defendants, along with a track changes comparison to the template order on the court's website. Emailed notice. |
|
117
|
2023-04-07 |
MINUTE entry before the Honorable Martha M. Pacold: No remaining defendant has appeared or filed an objection to the motion for preliminary injunction 22. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. To the extent plaintiff's motion for preliminary injunction 21 was continued (51, 52), that motion is now granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 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. Emailed notice. |
|
118
|
2023-04-07 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 4/7/2023. Emailed notice. |
|
119
|
2023-04-11 |
MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment 64 must enter an appearance and file a written objection by 4/18/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
|
120
|
2023-04-14 |
MOTION by Plaintiff Blue Spring Partners, LLC to amend/correct Schedule A to the Complaint Instanter |
|
121
|
2023-04-14 |
AMENDED Seventh Amended Schedule A to the Complaint Instanter |
|
122
|
2023-04-17 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 120 is granted. Plaintiff has filed an amended Schedule A on the docket 121. Defendants No. 59 FOLOEO-US, No. 106 qiuti13, No. 107 wangcai02, No. 124 Dongguan Aide Technology Co., Ltd., No. 141 Shenzhen Hengxinshuo Technology Co., Ltd., and No. 144 shenzhenshi weihuize kejiyouxiangongsi terminated. |
|
123
|
2023-04-20 |
ORDER: No remaining defendant has responded to plaintiff's motion for entry of default and default judgment 64. The motion is granted. Based on the evidence submitted in support of the 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 $100,000 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. To obtain release of the bond previously posted in this action, plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any defendant. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 4/20/2023:Mailed notice |
|
124
|
2023-04-20 |
DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 4/20/2023. Mailed Notice |
|
125
|
2023-05-04 |
FULL SATISFACTION of Judgment regarding order 124 of Defendant No. 28 (Shop1296279 Store). |
|
[+]
126
|
2023-06-19 |
MOTION by Attorney Anna Iskikian to withdraw as attorney for Blue Spring Partners, LLC. No party information provided |
|
|
Affidavit Affidavit in support of Motion for Withdrawal of Attorney of Record (Anna Iskikian) |
|
|
(Text of Proposed Order Proposed Order for Withdrawal of Attorney of Record (Anna Iskikian)) |
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127
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2023-06-20 |
Plaintiff's motion to withdraw the appearance of Anna Iskikian as counsel of record 126 is granted. Signed by the Honorable Martha M. Pacold on 6/20/2023. Mailed notice |
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128
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2023-06-28 |
FULL SATISFACTION of Judgment regarding order 124 of Defendant No. 77 (Lucky GCD). |
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129
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2023-07-05 |
MOTION by Plaintiff Blue Spring Partners, LLC for leave to appear as Additional Attorney by Blake Goebel |
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130
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2023-07-06 |
MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for appearance of additional attorney 129 is granted. Attorney Blake Goebel may enter an appearance on behalf of plaintiff. |
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131
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2023-07-10 |
ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by Blake C Goebel |
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[+]
132
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2023-07-10 |
MOTION by Attorney David Hutchinson to withdraw as attorney for Blue Spring Partners, LLC. No party information provided |
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Affidavit |
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(Text of Proposed Order) |
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133
|
2023-07-11 |
ORDER: Plaintiff's motion for withdrawal of attorney David E. Hutchinson as counsel of record 132 is granted. Signed by the Honorable Martha M. Pacold on 7/11/2023. Mailed notice |
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134
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2024-09-04 |
FULL SATISFACTION of Judgment regarding order 124 re Defendant No. 72 (liekong) |
