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1
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2024-02-23 |
COMPLAINT filed by Popilush, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-21671294. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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2
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2024-02-23 |
CIVIL Cover Sheet |
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3
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2024-02-23 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Popilush, LLC |
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4
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2024-02-23 |
MOTION by Plaintiff Popilush, LLC for Leave to file under seal |
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5
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2024-02-23 |
SEALED DOCUMENT by Plaintiff Popilush, LLC SCHEDULE "A" related to COMPLAINT 1 |
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[+]
6
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2024-02-23 |
ATTORNEY Appearance for Plaintiff Popilush, LLC by Yifei Deng |
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CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). |
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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. |
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7
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2024-02-28 |
MAILED Copyright report to Registrar, Washington DC. |
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8
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2024-03-05 |
MOTION by Plaintiff Popilush, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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9
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2024-03-05 |
MEMORANDUM by Popilush, LLC in support of motion for temporary restraining order 8 |
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10
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2024-03-05 |
DECLARATION of Faye Yifei Deng regarding memorandum in support of motion 9 |
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Exhibit 1 |
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Exhibit 2 |
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(Exhibit 3) |
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11
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2024-03-05 |
DECLARATION of Rong Qing Xu regarding memorandum in support of motion 9 |
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(Exhibit 1) |
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12
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2024-03-05 |
SEALED DOCUMENT by Plaintiff Popilush, LLC Exhibit 2 regarding Declaration 11 |
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13
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2024-03-14 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's proposed temporary restraining order directs non-party service providers by name to freeze defendants' assets. Plaintiff did not give notice of its motion to the third-party service providers named in the proposed temporary restraining order. Judge Gottschall's standing order regarding Lanham Act counterfeiting suits, such as this case, provides: "Counsel should be aware that pursuant to Seventh Circuit authority, under Fed. R. Civ. P. 65(d)(2), third-parties not named in the complaint (typically, for example, Amazon and eBay) cannot be named as in active concert or participation with the defendants unless their active concert or participation is proven AND they receive advance notice and an opportunity to be heard before any such order is entered. Any proposed order not complying with the cases identified here will be rejected. Please see the following cases: Lake Shore Asset Management Limited v. Commodity Futures Trading Commission, 511 F.3d 762 (7th Cir. 2007); United States v. Kirschenbaum, 156 F.3d 784 (7th Cir. 1998); Pow! Entertainment, LLC v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto, 2020 WL 5076715 (N.D. Ill. Aug. 26, 2020)." This standing order can be obtained on Judge Gottschall's page on the court's official website at https://www.ilnd.uscourts.gov/. In its memorandum 9 of law in support of its motion for a temporary restraining order, plaintiff makes no effort to distinguish the cases cited in Judge Gottschall's standing order. Because plaintiff has not given notice to the third-party service providers named in its proposed temporary restraining order, plaintiff's motion 8 for a temporary restraining order is denied without prejudice. Accordingly, plaintiff's motion 4 to seal certain documents is granted. Plaintiff may refile its motion for a temporary restraining order on or before 3/27/2024. If plaintiff wishes to give notice to third-party service providers listed in its temporary restraining order, it should file a separate certificate of service stating how and when the third-party providers were served with plaintiff's motion for a temporary restraining order. The court will then set a deadline for the third-party providers to object to, or request a hearing on, the motion.Mailed notice |
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14
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2024-03-18 |
CERTIFICATE of Service by Yifei Deng on behalf of Popilush, LLC regarding order on motion for miscellaneous relief, order on motion for temporary restraining order, set deadlines, 13 |
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Declaration Faye Yifei Deng |
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(Exhibit A) |
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16
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2024-04-03 |
MOTION by Plaintiff Popilush, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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17
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2024-04-03 |
MEMORANDUM by Popilush, LLC in support of motion for temporary restraining order 16 |
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18
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2024-04-03 |
DECLARATION of Faye Yifei Deng regarding memorandum in support of motion 17 |
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Exhibit 1 |
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Exhibit 2 |
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(Exhibit 3) |
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19
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2024-04-03 |
DECLARATION of Rong Qing Xu regarding memorandum in support of motion 17 |
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(Exhibit 1) |
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20
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2024-04-03 |
SEALED DOCUMENT by Plaintiff Popilush, LLC Exhibit 2 regarding Declaration 19 |
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21
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2024-04-03 |
CERTIFICATE of Service by Yifei Deng on behalf of Popilush, LLC regarding MOTION by Plaintiff Popilush, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 16 |
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Declaration of Faye Deng |
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(Exhibit A) |
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22
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2024-04-04 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion 16 for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion 21 to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until noon on Thursday, 4/11/2024, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before noon on Thursday, 4/11/2024. Plaintiff is ordered to serve the third-party providers with a copy of this order on or before 4/5/2024. Plaintiff must file a certificate of service on or before 4/8/2024. Mailed notice |
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23
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2024-04-05 |
CERTIFICATE of Service by Yifei Deng on behalf of Popilush, LLC regarding text entry, 22 |
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Declaration of Faye Deng |
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(Exhibit A) |
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24
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2024-04-24 |
MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, plaintiff has until and including 5/1/2024 to show cause why joinder of defendants is proper. Mailed notice |
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25
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2024-04-24 |
ORDER Signed by the Honorable Joan B. Gottschall on 4/24/2024.Mailed notice |
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26
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2024-04-30 |
AMENDED complaint by Popilush, LLC against [REDACTED] and THE INDIVIDUALS and ENTITIES OPERATING [REDACTED] and terminating The Individuals, Partnerships, Business Entities and Unincorporated Associations Identified on Schedule A |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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(Exhibit 4) |
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27
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2024-04-30 |
SEALED DOCUMENT by Plaintiff Popilush, LLC Schedule A regarding Amended Complaint 26 |
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28
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2024-05-02 |
MINUTE entry before the Honorable Joan B. Gottschall: In response to the order 25 to show cause why joinder of the former defendants was proper, plaintiff filed an amended complaint 26 and amended schedule A of defendants 27 naming a single defendant. Plaintiff's deadline to respond to the show-cause order is stricken as moot. Plaintiff is instructed to send a revised proposed temporary restraining order, in word and PDF formats, to Proposed_Order_Gottschall@ilnd.uscourts.gov. Mailed notice |
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29
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2024-05-06 |
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's counsel is instructed to revise the proposed temporary restraining order in light of the fact there is only one defendant. Specifically, all references to "defendants" must be changed to "defendant," and the accompanying sentence must be revised accordingly. Plaintiff's revised proposed temporary restraining order should be sent to Proposed_Order_Gottschall@ilnd.uscourts.gov by noon on 5/8/2024. Mailed notice |
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30
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2024-05-08 |
MINUTE entry before the Honorable Joan B. Gottschall: The deadline [22] to object to, or request a hearing on, plaintiff's motion for temporary restraining order has come and gone, and nothing has been received. Upon consideration of the certificate of service [23], plaintiff's motion [16] for entry of a sealed temporary restraining order is granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 5/22/2024 at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the declaration of Rong Qing Xu, as well as to any e-mail addresses provided for defendants by third parties. Any notice must include a link to said website.Mailed notice |
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31
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2024-05-08 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 5/8/2024. Mailed notice |
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32
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2024-05-20 |
MOTION by Plaintiff Popilush, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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34
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2024-05-20 |
MOTION by Plaintiff Popilush, LLC for preliminary injunction |
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36
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2024-05-21 |
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Joan B. Gottschall on 5/21/2024. The court having received no request for a hearing by the deadline [30] of 5/20/2024, the preliminary injunction hearing set for 5/22/2024 is stricken. Plaintiff's motion [34] for preliminary injunction and motion [32] for electronic service of process are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal schedule A and amended schedule A to the complaint [5, 27], exhibit 2 to the declaration of Rong Qing Xu [20], and the temporary restraining order [31]. The law firm of YK Law LLP is hereby ordered to add ALL defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 6/20/2024. Mailed notice |
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37
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2024-05-22 |
DOCUMENT ENTERED IN ERROR. |
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NEW PARTIES: Yongwu Clothing added to case caption. |
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38
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2024-05-23 |
SUMMONS Returned Executed by Popilush, LLC as to Yongwu Clothing on 5/22/2024, answer due 6/12/2024. |
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(Declaration of Alex Hu) |
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39
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2024-06-07 |
NOTICE of Voluntary Dismissal by Popilush, LLC (Deng, Faye Yifei) |
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40
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2024-06-10 |
MINUTE entry before the Honorable Joan B. Gottschall: Pursuant to the plaintiff's notice of voluntary dismissal 39, this case is dismissed without prejudice. The parties shall bear their own costs and fees.Civil case terminated. Mailed notice |
