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2024-cv-09301

Yiwu Baimei Electronic Commerce Co., Ltd. v. The Partnerships and Unincorporated Associations Identified On Schedule A

法院：伊利诺伊州北法院
发案日期：2024-10-02
原告：Yiwu Baimei Electronic Commerce Co., Ltd.
代理律所：Pittaway
诉讼类型：商标
# Date Description
[+] 1 2024-10-02 COMPLAINT filed by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22549642.
2 2024-10-02 CIVIL Cover Sheet
3 2024-10-02 ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Lydia Pittaway
4 2024-10-02 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation SCHEDULE A
[+] 5 2024-10-02 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
6 2024-10-03 MAILED copyright report to Registrar, Washington DC.
7 2024-10-04 ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. by Michael Thomas Stanley
8 2024-10-09 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. AMENDED SCHEDULE A
9 2024-10-18 DECLARATION of JUN WU
[+] 10 2024-10-18 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. EXHIBITS ONE THROUGH THREE TO THE DECLARATION OF JUN WU (DOC. 9); Exhibit One: Registrations
11 2024-10-24 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. to seal
12 2024-10-24 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW
13 2024-10-24 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3)
[+] 14 2024-10-24 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for temporary restraining order
15 2024-10-30 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. SUPPLEMENTAL EVIDENCE AS TO DEF. NO. 127 TO EXHIBIT THREE TO THE DECLARATION OF JUN WU (DOC. 9)
17 2024-11-07 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for leave to file under seal. R. 11, Mot. Seal. Plaintiff asks this Court for leave to file under seal the list of Defendants identified in "Schedule A" to the Complaint (which lists the online seller names and their URLs). Plaintiff also asks this Court to seal related material supporting the request for a temporary restraining order. For the following reasons, the Court denies the motion. R. [11]. On or before 11/14/24, Plaintiff is directed to file the provisionally sealed documents [8], [10] publicly on the docket. Alternatively, Plaintiff may file a notice of dismissal. Mailed notice.
18 2024-11-07 ORDER: Signed by the Honorable Franklin U. Valderrama on 11/7/2024. Mailed notice.
19 2024-11-12 AMENDED SCHEDULE A by Yiwu Baimei Electronic Commerce Co. Ltd.
[+] 20 2024-11-12 EXHIBITS ONE THROUGH THREE TO THE DECLARATION OF JUN WU (DOC. 9) by Yiwu Baimei Electronic Commerce Co. Ltd.
21 2024-11-12 SECOND AMENDED SCHEDULE A by Yiwu Baimei Electronic Commerce Co. Ltd.
22 2024-11-12 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. to unseal document
23 2024-11-12 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. to withdraw motion for temporary restraining order 14
24 2024-11-14 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's motion to unseal 22. The Court directs to the Clerk to unseal the following documents: Schedule A 4, Amended Schedule A 8, Exhibits One (Registration with Deposit Copies), Two (Schedule A) and Three (Evidence) to the Declaration of Jun Wu 10, Supplemental Evidence 15 and Second Amended Schedule A 16. Mailed notice.
25 2024-11-14 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's motion to withdraw temporary restraining order 23, motion for third party expedited discovery 12, and motion for alternate service 13. The Court strikes Plaintiff's motion for temporary restraining order 14 as moot. Mailed notice.
26 2024-12-27 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
27 2025-01-02 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. PLAINTIFFS RENEWED MOTION FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW
28 2025-01-02 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. PLAINTIFFS RENEWED MOTION FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3)
29 2025-01-17 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion for expedited discovery 27 and motion for electronic service 28 are under consideration. On review of the complaint and the second amended Schedule A, the Court raises the propriety of joinder of the 364 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024)). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "[d]efendants' Seller IDs. suggests that their illegal operation arise out of the same transaction, occurrence, or series of transactions or occurrences." R. 1, para. # 11. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Federal Rule of Civil Procedure 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Accordingly, the Court directs Plaintiff to file, on or before 01/24/25, a supplemental memorandum addressing the propriety of joinder, including, pursuant to Fed. R. Civ. P. 11(c)((3), showing cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice.
30 2025-01-24 MEMORANDUM by Yiwu Baimei Electronic Commerce Co. Ltd. on Joinder pursuant to Court Order [Doc. 39].
[+] 31 2025-01-24 SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. Exhibits One and Two to Plaintiff's Memorandum on Joinder (D.E. 30): Exhibit One: Evidence;
32 2025-02-06 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. to seal
33 2025-02-07 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated therein, the Court grants Plaintiff's motion to seal 32. Mailed notice.
34 2025-07-09 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's joinder memorandum [30], in which concedes that joinder is improper for all Defendants excepts Defendants jueying_2, jueying_4, and jueying 8. Plaintiff argues that joinder is proper here because these three Defendants "all share a store name which begins with the same name followed by a sequential number," and "share other commonalities indicating common ownership, such as strikingly similar listings, the use of identical images, an offer of 10 units inventory, a drop down menu to select "colour," and offer shipping from the same city Shanghai, China." R. 30 at 4. The Court agrees that this sufficiently demonstrates that Defendants jueying_2, jueying_4, and jueying 8 are properly joined at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). Accordingly, Plaintiff shall file a third amended Schedule A naming only Defendants jueying_2, jueying_4, and jueying_8 by 07/23/2025. Given that Plaintiff's renewed motions for expedited discovery [27] and electronic service of process [28] are targeted towards Plaintiff's second amended Schedule A, the motions are denied as moot. If Plaintiff chooses to refile those motions, it shall do so by 07/23/2025. Mailed notice.
36 2025-07-10 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW
37 2025-07-10 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3)
38 2025-07-11 ORDER GRANTING MOTION FOR THIRD PARTY EXPEDITED DISCOVERY (D.E. 36) AND ELECTRONIC SERVICE OF PROCESS (D.E. 37): As stated in the accompanying Order, Plaintiff's motion for third party expedited discovery [36] and motion for electronic service of process [37] is granted. Signed by the Honorable Franklin U. Valderrama on 7/11/2025. Mailed notice.
42 2025-09-05 MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for default judgment as to Def. No. 1-3
44 2025-09-12 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's request for entry of default in their Motion for Entry of Default Judgment [42]. Default is entered against Defendant Nos. 1-3 under Federal Rule of Civil Procedure 55(a). The Court directs Plaintiff to mail a copy of this minute entry to Defendant Nos. 1-3 at the service address no later than 9/16/2025 via USPS First Class Mail or a similar mailing service and to file a certificate of service on the docket. Plaintiff's request for default judgment against Defendant Nos. 1-3 is entered and continued to 10/3/2025. By 10/3/2025, Plaintiff shall file a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b). Mailed notice.