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2022-cv-06079

John Doe v. The Individuals Corporations, Limited Liabilities Companies, Partnerships, and Unicorporated Assoications

法院:伊利诺伊州北法院
发案日期:2022-11-09
原告:Michael Moebius
代理律所:Whitewood
诉讼类型:版权
# Date Description
[+] 1 2022-11-03 COMPLAINT filed by John Doe; Jury Demand. Filing fee $ 402, receipt number AILNDC-20009950.
2 2022-11-03 SEALED DOCUMENT by Plaintiff John Doe Exhibit 1 to Complaint
3 2022-11-03 SEALED DOCUMENT by Plaintiff John Doe Schedule A to Complaint
[+] 4 2022-11-03 SEALED DOCUMENT by Plaintiff John Doe Amended Complaint
5 2022-11-03 CIVIL Cover Sheet
6 2022-11-03 SEALED DOCUMENT by Plaintiff John Doe Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery
[+] 7 2022-11-03 SEALED DOCUMENT by Plaintiff John Doe Memorandum in Support of Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery
[+] 8 2022-11-03 SEALED DOCUMENT by Plaintiff John Doe Declaration in Support of Ex Parte Motion for Entry of Temporary Restraining Order and Expedited Discovery
9 2022-11-03 MOTION by Plaintiff John Doe for service by publication Motion for Leave to Serve Process Electronically
10 2022-11-03 Memorandum in Support of Motion for Electronic Service of Process by John Doe
11 2022-11-03 MOTION by Plaintiff John Doe to seal document sealed document 7, sealed document 4, sealed document 8, sealed document 3, sealed document 2, sealed document 6
12 2022-11-03 Motion to Proceed Anonymously by John Doe
13 2022-11-03 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion to seal document 11, motion for service by publication 9 before Honorable John Robert Blakey on 11/17/2022 at 11:00 AM.
14 2022-11-03 ATTORNEY Appearance for Plaintiff John Doe by Theodore Joseph Chiacchio
15 2022-11-03 ATTORNEY Appearance for Plaintiff John Doe by Shengmao Mu
16 2022-11-04 MAILED copyright request letter to counsel of record Shengmao Mu.
[+] 17 2022-11-14 SEALED MOTION by Plaintiff John Doe
18 2022-11-14 MEMORANDUM by John Doe in support of Sealed motion[17]
19 2022-11-14 SEALED DOCUMENT by Plaintiff John Doe
20 2022-11-14 MOTION by Plaintiff John Doe to seal document sealed document[19]
21 2022-11-14 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion to seal document[20] before Honorable John Robert Blakey on 11/22/2022 at 11:00 AM.
22 2022-11-16 MINUTE entry before the Honorable John Robert Blakey: Oral motion to appear via telephone for the 11/17/2022 hearing is granted. Counsel/Parties shall call 877-402-9753 and utilize participant code 9955840. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice
23 2022-11-17 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motions for leave to file under seal 11, 20 and motion for electronic service of process 9. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order 17. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 11/30/22. The 11/17/22 and 11/22/22 Notice of Motion dates are stricken. Mailed notice
24 2022-11-17 SEALED ORDER Signed by the Honorable John Robert Blakey on 11/17/2022. Mailed notice
25 2022-11-21 MOTION by Plaintiff John Doe for extension of time Motion to Extend Sealed Temporary Restraining Order [24]
26 2022-11-21 MOTION by Plaintiff John DoeMotion for Leave to Appear Telephonically
27 2022-11-21 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for miscellaneous relief[26], extension of time[25] before Honorable John Robert Blakey on 11/22/2022 at 11:00 AM.
[+] 28 2022-11-22 MINUTE entry before the Honorable John Robert Blakey: The Court takes Plaintiff's motion to extend [25] under advisement, strikes the 11/22/22 Notice of Motion date, and denies as moot Plaintiff's motion to appear telephonically [26]. As noticed, the motions fail to comply with the Court's standing order. In the future, the Court will strike any non-complying motions. Mailed notice
[+] 29 2022-11-28 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to extend [25] the temporary restraining order entered 11/17/22 [24]. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 12/14/22. Mailed notice
30 2022-12-09 MOTION by Plaintiff John Doe for preliminary injunction
31 2022-12-09 Memorandum In Support of Motion for Entry of Preliminary Injunction by John Doe
32 2022-12-09 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for preliminary injunction 30 before Honorable John Robert Blakey on 12/15/2022 at 11:00 AM.
33 2022-12-12 MINUTE entry before the Honorable Steven C. Seeger: Judge Seeger will preside over a hearing on Plaintiff's motion for a preliminary injunction on December 15, 2022 at 11:00 a.m. in his capacity as the Emergency Judge. The hearing will be held by telephone conference. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 9369830. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Plaintiff's counsel must provide notice of the hearing to Defendants and file a certificate of service. Mailed notice.
34 2022-12-12 CERTIFICATE of Service by Theodore Joseph Chiacchio on behalf of John Doe regarding set/reset hearings, [33]
35 2022-12-15 ATTORNEY Appearance for Defendant individuals by Cory Jay Rosenbaum for Defendant Panther Print
[+] 36 2022-12-15 MOTION by Defendant individualsto prevent injunction as to Defendant Panther Print
37 2022-12-15 ATTORNEY Appearance for Defendant Panther Print by Cory Jay Rosenbaum (Docket Text Modified on 12/16/2022).
38 2022-12-15 DECLARATION of Defendant Panther Print in support of motion to prevent permanent injunction
39 2022-12-15 STATUS Report by John Doe
40 2022-12-18 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for a preliminary injunction (Dckt. No. 30) is hereby granted in part and denied in part. Based on the record, the Court (meaning Judge Seeger, sitting in the capacity as the emergency judge) largely grants the motion because it is consistent with the facts and with the prior rulings of Judge Blakey. That said, the preliminary injunction largely does not apply to Defendant Panther Print, who appeared and opposed the motion. The Court makes that point in the last paragraph of the accompanying Preliminary Injunction Order. Based on the record (including the small number of sales, and the collateral damage that an injunction could cause for the sale of non-infringing products), the Court has determined that more limited injunctive relief is appropriate. Based on the record, Panther Print's Etsy store and frozen funds shall be immediately released. Panther Print shall refrain from selling any of the alleged infringing items set forth in the Complaint, specifically the Audrey Hepburn bubblegum chewing gum and Marilyn Monroe pink bubble gum canvas wall art picture prints. Defendant Panther Print's motion to prevent injunction (Dckt. No. 36) is thus granted in part and denied in part. The parties may seek additional relief from Judge Blakey as they deem appropriate. Mailed notice
41 2022-12-18 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 12/18/2022. Mailed notice.
42 2022-12-29 NOTICE of Voluntary Dismissal by John Doe Dismissal of Doe No. 363
43 2022-12-29 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 42, this case is dismissed with prejudice as to Defendant memgmengzezestoreidentified. Mailed notice
44 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.
45 2023-01-06 MOTION by Plaintiff John Doe for default judgment as to the Defendants identified on Redacted Schedule A
[+] 46 2023-01-06 Memorandum In Support of Motion for Entry of Default and Default Judgment by John Doe
47 2023-01-06 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for default judgment 45 before Honorable John Robert Blakey on 1/18/2023 at 11:00 AM.
48 2023-01-09 Corrected [46-1], Redacted Schedule A by John Doe
[+] 49 2023-01-11 MINUTE entry before the Honorable John Robert Blakey: The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add Plaintiff's full name and add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Also, to the extent summons has been returned executed, Plaintiff shall file the return on the docket. Mailed notice
[+] 50 2023-01-11 SUMMONS Returned Executed by Michael Moebius as to The Individuals Corporations, Limited Liabilities Companies, Partnerships, and Unicorporated Assoications on 12/9/2022, answer due 12/30/2022. (Docket Text Modified by Clerk's Office) Modified on 1/12/2023.
[+] 51 2023-01-12 SUMMONS Returned Executed by Michael Moebius
52 2023-01-17 MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the 1/18/23 hearing on Plaintiff's motion for entry of default and default judgment 45 is stricken and reset to 2/1/23 at 11:00 a.m. in Courtroom 1203. Mailed notice
53 2023-01-25 NOTICE of Voluntary Dismissal by Michael Moebius Dismissal of Doe No. 300
54 2023-01-27 NOTICE of Voluntary Dismissal by Michael Moebius Dismissal of Doe No. 390
55 2023-01-31 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissals [53] and [54], this case is dismissed with prejudice as to Defendants DopePrintShop and www.smileartdesign.com. Mailed notice
56 2023-01-31 MINUTE entry before the Honorable John Robert Blakey: Based upon docket entry [51], it appears that summons was served 1/12/23, which would make any responsive pleading due 2/2/23. Accordingly, the Court denies without prejudice Plaintiff's motion for default and default judgment [45] and strikes the 2/1/23 motion hearing date. Mailed notice
[+] 57 2023-01-31 DECLARATION of Theodore J. Chiacchio, Esq. Regarding Service of Process
58 2023-02-02 MOTION by Plaintiff Michael Moebius for default judgment as to Renewed Motion for Entry of Default and Default Judgment
[+] 59 2023-02-02 Memorandum in Support of Motion for Entry of Default and Default Judgment by Michael Moebius
60 2023-02-02 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for default judgment 58 before Honorable John Robert Blakey on 2/8/2023 at 11:00 AM.
61 2023-02-02 ANSWER to Complaint by Doe 315 PantherPrintArt
62 2023-02-08 NOTICE of Voluntary Dismissal by Michael Moebius of DOE 313 NiwoART
63 2023-02-08 MOTION by Plaintiff Michael Moebius for default judgment as to Second Renewed Motion for Entry of Default and Default Judgment
[+] 64 2023-02-08 Memorandum in Support of Second Renewed Motion for Entry of Default and Default Judgment by Michael Moebius
65 2023-02-08 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for default judgment[63] before Honorable John Robert Blakey on 2/15/2023 at 11:00 AM.
66 2023-02-08 MINUTE entry before the Honorable John Robert Blakey: In person motion hearing held on 2/8/2023. Plaintiff's motion for default [58] denied without prejudice. Counsel shall revise any proposed order as stated in open court and submit it to the Court by the close of business on 2/8/2023. Mailed notice
67 2023-02-09 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 62, this case is dismissed with prejudice as to Defendant NiwoART. Mailed notice
68 2023-02-13 MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's submissions and, as discussed in court, the Court grants Plaintiff's second renewed motion 63 for default judgment as to the remaining Defendants who have not appeared or answered the complaint. Enter Order. Plaintiff shall file a status report by 3/3/23 concerning any remaining Defendants. The 2/15/23 Notice of Motion date is stricken. Mailed notice (gel,)
69 2023-02-13 DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 2/13/2023. Mailed notice(gel,)
70 2023-02-15 NOTICE of Voluntary Dismissal by Michael Moebius Dismissal of Doe No. 318
71 2023-02-22 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 70, this case is dismissed with prejudice as to Defendant PrintsWPersonality. Mailed notice
72 2023-03-03 STATUS Report by Michael Moebius
73 2023-03-08 MOTION by Defendant Doe 315 PantherPrintArt for extension of time to complete discovery
74 2023-03-08 RESPONSE by Michael Moebiusin Opposition to MOTION by Defendant Doe 315 PantherPrintArt for extension of time to complete discovery [73]
75 2023-03-08 RESPONSE by Michael Moebiusin Opposition to MOTION by Defendant Doe 315 PantherPrintArt for extension of time to complete discovery [73]
76 2023-03-08 MOTION by Plaintiff Michael Moebius to withdraw response in opposition to motion[74]
77 2023-03-09 MINUTE entry before the Honorable John Robert Blakey: The Court denies Defendant PantherPrintArt's motion to extend 73 for failing to comply with this Court's standing orders and Local Rules 5.3(b) and 37.2, strikes Plaintiff's responses 74, 75, and denies as moot Plaintiff's motion to withdraw 76. The parties shall meet and confer and work cooperatively in discovery. Mailed notice
78 2023-03-23 MOTION by Plaintiff Michael Moebius for default judgment as to Doe Nos. 328, 377, and 386
79 2023-03-23 Memorandum in Support of Motion for Entry of Default and Default Judgment Against Doe Nos. 328, 377, and 386 by Michael Moebius
80 2023-03-23 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for default judgment 78 before Honorable John Robert Blakey on 3/29/2023 at 11:00 AM.
81 2023-03-29 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 3/29/2023. For reasons stated on the record, Plaintiff's motion for entry of default and default judgment against Doe Nos. 328, 377, and 386 [78] is denied without prejudice. Status hearing is set on 4/20/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice
82 2023-03-31 ATTORNEY Appearance for Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com by Jianyin Liu
83 2023-04-03 ATTORNEY Appearance for Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com by Jianyin Liu Amended by Adding Email
[+] 84 2023-04-03 MOTION by Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com to vacate order[69], MOTION by Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com for default judgment as to Doe 4 and Doe 387
[+] 85 2023-04-04 MOTION by Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com to vacate order 69 Amended
86 2023-04-08 STIPULATION of Dismissal Dismissal of Doe No. 315
87 2023-04-10 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the joint stipulation for dismissal 86, this case is dismissed with prejudice as to Defendant PantherPrintArt. Mailed notice
[+] 88 2023-04-14 RESPONSE by Michael Moebiusin Opposition to MOTION by Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com to vacate order 69 Amended 85
[+] 89 2023-04-18 REPLY by DOE 4 Madepants, Doe 387 https://www.madepants.com to response in opposition to motion, [88]
90 2023-04-19 MINUTE entry before the Honorable John Robert Blakey: On 2/13/23, this Court entered a default judgment order as to numerous Defendants, including Defendants No. 4 and No. 387. See [69]. These Defendants have moved to vacate, see [84], [85]. Based upon its review of the docket and the parties' submissions, the Court denies the motion [84], [85]. Plaintiff served Defendants and they had actual notice of this lawsuit by at least 12/16/22 (indeed, the parties were negotiating a settlement at this time); yet these Defendants never appeared or responded to the complaint. Defendants argue that the affidavit concerning service of process is 'likely faulty"; yet they do not explain how or why this is so. Defendants concede that their attorney was negotiating a settlement with Plaintiff when the Court entered default judgment; they do not claim that the parties reached any agreement to resolve their dispute or otherwise agreed to extend the deadline for answering or appearing. In short, the docket reflects service of process and a complete failure to answer or otherwise appear in response to the complaint; thus far, Defendants have offered no factual or legal basis to vacate the default. To the extent the parties agreed to some resolution, Defendant should meet and confer with its counsel and Plaintiff and file an agreed motion to vacate the default judgment. The Court strikes the 4/20/23 status hearing date. Plaintiff shall file a status report by 4/28/23 concerning any remaining Defendants. Mailed notice
91 2023-04-19 MOTION by Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com for reconsideration regarding order on motion to vacate, order on motion for default judgment, text entry, [90]
92 2023-04-20 RESPONSE by Michael Moebiusin Opposition to MOTION by Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com for reconsideration regarding order on motion to vacate, order on motion for default judgment, text entry, [90] [91]
93 2023-04-21 NOTICE by DOE 4 Madepants, Doe 387 https://www.madepants.com re MOTION by Defendants DOE 4 Madepants, Doe 387 https://www.madepants.com for reconsideration regarding order on motion to vacate, order on motion for default judgment, text entry, [90] [91] of Withdrawing Motion for Reconsider [DE 91]
94 2023-04-22 FULL SATISFACTION of Judgment regarding order[69] Doe No. 4
95 2023-04-22 FULL SATISFACTION of Judgment regarding order[69] Doe No. 387
96 2023-04-24 MINUTE entry before the Honorable John Robert Blakey: The Court denies Defendants' motion for reconsideration 91, which argues that the Court erroneously applied certain factual findings to both Defendants, rather than just to Defendant 387. But Defendants' motion makes clear that the Court's findings concerning notice, in fact, apply to both Defendants. Indeed, Defendants jointly moved to vacate, jointly arguing all points on behalf of "Defendants" and discussing "Defendants' website https://madepants.com"; they state in their motion that they are "owned by the same owner, with their principal officers as Xuebo Zeng" and that "Defendants hired an attorney Ms. Chen in China from Fa-Shen Consulting to engage with the Plaintiff starting from early February of 2023, to negotiate the settlement with the opposing counsel." 85 at 5-6. Based upon these representations and assertions, the Court declines to reconsider its findings that these Defendants were served, had actual notice of this lawsuit, failed to answer or otherwise appear, and failed to provide any factual or legal basis to justify vacating the default. See 90. Mailed notice
97 2023-04-28 STATUS Report by Michael Moebius
98 2023-05-05 MOTION by Plaintiff Michael Moebius for default judgment as to Renewed Motion for Entry of Default and Default Judgment Against Doe Nos. 328, 377, and 386
99 2023-05-05 Memorandum in Support of Renewed Motion for Entry of Default and Default Judgment Against Doe Nos. 328, 377, and 386 by Michael Moebius
100 2023-05-05 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for default judgment 98 before Honorable John Robert Blakey on 5/10/2023 at 11:00 AM.
101 2023-05-10 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 5/10/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment as to Doe Defendants 328, 377 and 386 [98] is granted. Enter Default Judgement Order. Civil case terminated. Mailed notice
102 2023-05-10 DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 5/10/2023. Mailed notice
103 2023-05-16 MOTION by Plaintiff Michael Moebius for release of bond obligation
104 2023-05-16 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for release of bond obligation[103] before Honorable John Robert Blakey on 5/24/2023 at 11:00 AM.
105 2023-05-22 ORDER: The Court, having entered default judgment on May 10, 2023, herby grants Plaintiff's motion for release of bond 103, strikes the 5/24/23 Notice of Motion date, and releases the ten thousand dollar ($10,000.00) surety bond posted by Plaintiff on November 23, 2022. The Clerk of the Court shall return the surety bond previously deposited with the Clerk of the Court to Plaintiff or his counsel, Theodore Joseph Chiacchio, 307 North Michigan Avenue, Suite 2011, Chicago, IL 60601. Signed by the Honorable John Robert Blakey on 5/22/2023: Mailed notice.
106 2023-06-06 ORDER Signed by the Honorable John Robert Blakey on 6/6/2023. Mailed notice
107 2023-07-13 FULL SATISFACTION of Judgment regarding order 69 Doe No. 327
108 2024-02-09 ATTORNEY Appearance for Defendant DOE 2 Laoife Direct by Zheng Gong
[+] 109 2024-02-12 MOTION by Defendant DOE 2 Laoife Direct to set aside default MOTION TO VACATE DEFAULT JUDGMENT AND MOTION TO DISMISS AND TO RELEASE AND RETURN PROPERTY
110 2024-02-13 NOTICE of Motion by Zheng Gong for presentment of motion to set aside default, [109] before Honorable John Robert Blakey on 2/21/2024 at 11:00 AM.
111 2024-02-15 MINUTE entry before the Honorable John Robert Blakey: In this closed case, Defendant Laoife Direct recently appeared, see 108 and now seeks to vacate the default judgment order entered 5/10/23. See 109. But under Local Rule 83.12 "only members in good standing of the general bar of this Court may enter an appearance on behalf of a party; file pleadings, motions or other documents; sign stipulations; or receive payments upon judgments, decrees or orders. Defendant Laoife Direct's attorney, Zheng Gong, filed an appearance form that differs from the form available on the Court's website in that it omits the question of whether he is, in fact, a member of the general bar. As a result, the Court denies without prejudice the motion to vacate 109 and strikes the 2/21/24 Notice of Motion date. If this Defendant wishes to pursue the motion, its attorney must first file an updated appearance form that establishes compliance with the Local Rules. Mailed notice
112 2024-02-15 ATTORNEY Appearance for Defendant DOE 2 Laoife Direct by Zheng Gong (Updated)
[+] 113 2024-02-15 MOTION by Defendant DOE 2 Laoife Direct to set aside default
114 2024-02-15 NOTICE of Motion by Zheng Gong for presentment of motion to set aside default, 113 before Honorable John Robert Blakey on 2/21/2024 at 11:00 AM.
115 2024-02-15 MINUTE entry before the Honorable John Robert Blakey: The Court takes under advisement Defendant Laoife Direct's motion to vacate 113 and strikes the 2/21/24 Notice of Motion date. Plaintiff shall respond to the motion by 2/29/24, and Defendant Laoife Direct shall file any reply by 3/7/24. Mailed notice
[+] 116 2024-02-29 RESPONSE by Michael Moebiusin Opposition to MOTION by Defendant DOE 2 Laoife Direct to set aside default 113
[+] 117 2024-03-07 REPLY by DOE 2 Laoife Direct to response in opposition to motion 116
118 2024-03-18 MINUTE entry before the Honorable John Robert Blakey: On 2/13/23, this Court entered a default judgment as to numerous defaulting Defendants, including Defendant Laoife Direct (No. 2). See 69. On 2/12/24, almost a year after judgment entered, Laoife moved to vacate the default judgment, see 109, 113 ; the Court denied the motion because Laoife's counsel failed to demonstrate compliance with Local Rule 83.12. Counsel remedied the deficiency and renewed the motion to vacate on 2/15/24, see 113. Laoife also asks the Court to dismiss the action for lack of personal jurisdiction and to enter an order requiring Plaintiff to return the seized and transferred funds, and requiring Amazon to remove all restrictions placed on Laoife's account as a result of the default judgment. Id. Plaintiff opposes the motion, see 116. Rule 60(b)(1) provides that "[o]n a motion and upon such terms as are just, the court may relieve a party. from a final judgment, order, or proceeding" upon a showing of "mistake, inadvertence, surprise, or excusable neglect." Fed.R.Civ.P. 60(b)(1); Jones v. Phipps, 39 F.3d 158, 162 (7th Cir. 1994). To prevail on its motion, Laoife must show: (1) "good cause" for the default; (2) quick action to correct the default; and (3) the existence of a meritorious defense to the original complaint. Id. (citing n. Pretzel & Stouffer v. Imperial Adjusters, 28 F.3d 42, 45 (7th Cir.1994); United States v. DiMucci, 879 F.2d 1488, 1495 (7th Cir.1989)). Laoife fails on all three requirements. Laoife's argue that it failed to monitor its only business email account; such neglect arguably remains inexcusable, particularly in light of its representation that it maintains a single valid business email and its concession that Plaintiff, in fact, provided actual notice of this lawsuit to that address. [113-1] at 2, 5-6. Moreover, even if the Court were to find Laoife's negligence excusable, Laoife still failed to take quick action to correct the default: even after Amazon restricted its funds, Laoife failed to even check its email for another seven months. Nor has Laoife demonstrated the existence of a meritorious defense; on the contrary, Laoife concedes that it offered infringing products on its Amazon site, concedes that it remained (at least until 10/10/22) ready, willing, and able to sell infringing products to residents of Illinois, and that it in fact sold an infringing product to a resident of Illinois. Plaintiff also challenges the damages awarded Plaintiff, arguing that it sold just one unit of the infringing product, resulting in an approximate profit of $0.50. Id. But the Court awarded Plaintiff statutory damages, which remain untethered to Defendant's sales or profits. For these reasons, the Court denies Laoife's motion to vacate and for other relief 113. This case remains closed. Mailed notice
119 2024-04-15 NOTICE of Voluntary Dismissal by Michael Moebius Dismissal of Doe 2
120 2024-04-15 MOTION by Plaintiff Michael Moebius Motion to Delete Docket Entry #119
121 2024-04-15 Notice of Motion to Delete Docket Entry #119 NOTICE of Motion by Theodore Joseph Chiacchio for presentment of motion for miscellaneous relief 120 before Honorable John Robert Blakey on 4/24/2024 at 11:00 AM.
122 2024-04-15 FULL SATISFACTION of Judgment Doe No. 2 (Laoife Direct)
123 2024-04-24 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to delete docket entry 119, strikes the 4/24/24 Notice of Motion date, and directs the Clerk to remove this pleading from the docket. This case remains closed. Mailed notice.