REPLY by Plaintiff Robert Wavra to motion for reconsideration, 40

附件：

1:(Exhibit 1)

RESPONSE by CHIJIN Co., Ltd., WEIER Co., Ltd., PANGMIAO Co., Ltd., RUIWEN Co., Ltd.in Opposition to MOTION by Plaintiff Robert Wavra for reconsideration regarding order on motion to dismiss/lack of jurisdiction, order on motion to stay, order on motion for discovery, motion hearing, 35 40

MINUTE entry before the Honorable John F. Kness: The Court adopts the proposed briefing schedule on Plaintiff's motion for reconsideration 40. Defendant's response is due 11/25/2024. Plaintiff's reply, if any, is due no later than 12/9/2024. Mailed notice.

RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7785 05. (Received by mail in the Clerk's Office on 10/31/2024)

Agreed Proposed Briefing Schedule for Plaintiff's [Opposed] Motion for Reconsideration [Dkt. No. 40] STATEMENT by Robert Wavra

MOTION by Plaintiff Robert Wavra for reconsideration regarding order on motion to dismiss/lack of jurisdiction, order on motion to stay, order on motion for discovery, motion hearing, 35

附件：

1:(Exhibit 1)

MAILED copyright report with order dated 10/16/2024 to Registrar, Washington DC

TRANSCRIPT OF PROCEEDINGS held on 10-15-24 before the Honorable John F. Kness. Court Reporter Contact Information: Sandra M. Tennis, Sandra_Tennis@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/7/2024. Redacted Transcript Deadline set for 11/18/2024. Release of Transcript Restriction set for 1/15/2025.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/16/2024. Mailed notice.

ORDER: Plaintiff's motion for default judgment 31 is granted. Motion for preliminary injunction 20 is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 10/16/2024. Mailed notice.

MINUTE entry before the Honorable John F. Kness: In-person motion hearing held 10/15/2024. For the reasons stated on the record, the motion to dismiss 28 of Defendants WEIER Co., Ltd., RUIWEN Co., Ltd., PANGMIAO Co., Ltd., CHIJIN Co., Ltd. is granted, and those Defendants are dismissed without prejudice. Plaintiff's motion to stay 29 is dismissed as moot. All other pending motions will be addressed by separate order. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MINUTE entry before the Honorable John F. Kness: An in-person motion hearing on motions 28, 29, and 31 is set for 10/15/2024 at 9:30 A.M. in Courtroom 2125. Lead counsel is directed to be present at the hearing. Mailed notice.

MEMORANDUM by Robert Wavra in support of motion for default judgment 31

附件：

1:(Declaration of Keith A. Vogt)
2:Exhibit 2
3:Exhibit 1

MOTION by Plaintiff Robert Wavra for default judgment as to Against the Defendants Identified in First Amended Schedule A

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MOTION by Plaintiff Robert Wavra to stay regarding MOTION by Defendants WEIER Co., Ltd., RUIWEN Co., Ltd., PANGMIAO Co., Ltd., CHIJIN Co., Ltd. to dismiss for lack of jurisdiction 28 OPPOSED, MOTION by Plaintiff Robert Wavra for discovery

附件：

1:(Exhibit 5)
2:Exhibit 4
3:Exhibit 3
4:Exhibit 2
5:Exhibit 1

MOTION by Defendants WEIER Co., Ltd., RUIWEN Co., Ltd., PANGMIAO Co., Ltd., CHIJIN Co., Ltd. to dismiss for lack of jurisdiction

附件：

1:(Exhibit Ex. 4 - Decl. of Du)
2:Exhibit Ex. 3 - Decl. of Peng
3:Exhibit Ex. 2 - Decl. of Li
4:Exhibit Ex. 1 - Decl. of Huang

ATTORNEY Appearance for Defendants CHIJIN Co., Ltd., WEIER Co., Ltd., PANGMIAO Co., Ltd., RUIWEN Co., Ltd. by He Cheng

OBJECTIONS by Ailytec Inc., kangtai keji to MOTION by Plaintiff Robert Wavra for preliminary injunction 20

ATTORNEY Appearance for Defendants kangtai keji, Ailytec Inc. by Michael Thomas Stanley

CERTIFICATE of Service by Plaintiff Robert Wavra regarding text entry, 23

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 20 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 9/26/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice

SUMMONS Returned Executed by Robert Wavra as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/11/2024, answer due 10/2/2024.

附件：

1:(Declaration of Service)

MEMORANDUM by Robert Wavra in support of motion for preliminary injunction 20

附件：

1:(Exhibit 1, of Keith A. Vogt's Declaration)
2:Declaration of Keith A. Vogt

MOTION by Plaintiff Robert Wavra for preliminary injunction

INJUNCTION BOND in the amount of $ $10,000 posted by Robert Wavra. (Document not imaged)

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 9/5/2024.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 12, ex parte motion for a temporary restraining order, expedited discovery, and service of process by email 16, and motion to file excess pages 13 are granted in part. Plaintiff's submissions (e.g., Dkt. 15-1 511) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 16. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. Plaintiff's motion to file excess pages 13 is granted. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. 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 several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.

SEALED EXHIBIT by Plaintiff Robert Wavra Sealed Exhibit 2, Declaration of Robert Wavra regarding memorandum in support of motion, 15

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1:(Exhibit 2-2)
2:Exhibit 2-1

MEMORANDUM in support of 14 Exparte motion

附件：

1:(Exhibit 1, of Robert Wavra's declaration)
2:Declaration of Robert Wavra
3:Exhibit 1-4, of of Keith A. Vogt's declaration
4:Declaration of Keith A. Vogt

MOTION by Plaintiff Robert Wavra for leave to file excess pages

MOTION by Plaintiff Robert Wavra for leave to file under seal

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.

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3).

MAILED copyright report to Registrar, Washington DC.

ATTORNEY Appearance for Plaintiff Robert Wavra by Christopher Romero

ATTORNEY Appearance for Plaintiff Robert Wavra by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Robert Wavra by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Robert Wavra by Adam Grodman

ATTORNEY Appearance for Plaintiff Robert Wavra by Yi Bu

ATTORNEY Appearance for Plaintiff Robert Wavra by Yanling Jiang

ATTORNEY Appearance for Plaintiff Robert Wavra by Keith A. Vogt

CIVIL Cover Sheet

SEALED DOCUMENT by Plaintiff Robert Wavra Schedule A to Complaint 1

COMPLAINT filed by Robert Wavra; Filing fee $ 405, receipt number AILNDC-22215502.

附件：

1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)