案件进度
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日期05/19/2022
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ORDER to release funds to plaintiff's counsel Signed by the Honorable Martha M. Pacold on 5/19/2022:
日期05/18/2022
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MAILED Copyright report and certified copies of orders dated 5/13/22 to Registrar, Washington DC
日期05/13/2022
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DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 5/13/2022. Mailed notice
日期05/13/2022
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ORDER: In the court's 4/15/2022 minute entry, it gave all defendants until 4/29/2022 to object to plaintiff's motion for entry of default and default judgment [417]. See [421]. No defendant has objected. The court therefore grants plaintiff's motion for entry of default and default judgment [417]. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of 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 specified in the order, 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 defendants have appeared to argue otherwise; thus, the court also finds that the balance of the hardships favors a permanent injunction. The ten thousand dollars ($10,000) bond posted by plaintiff, including any interest, minus the registry fee, is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the $10,000 bond previously deposited with the Clerk of the Court to plaintiff's counsel, Adam Urbanczyk, AU LLC, 564 W. Randolph St. Ste 2nd Floor, Chicago, IL 60606, via certified mail. Enter Default Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 5/13/2022. Mailed notice
日期05/06/2022
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MINUTE entry before the Honorable Martha M. Pacold: By 5/10/2022, plaintiff is directed to consult the court's standing order on Schedule A cases and send a proposed default judgment order that conforms with the standing order to the court's proposed order inbox. (proposed_order_pacold@ilnd.uscourts.gov)
日期04/29/2022
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CONSENT JUDGMENT Signed by the Honorable Martha M. Pacold on 4/29/2022:
日期04/29/2022
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MINUTE entry before the Honorable Martha M. Pacold: The joint motion for entry of consent judgment 415 is granted. Plaintiff's claims for damages and injunctive relief against the Zhou Wenbo defendants are dismissed, with prejudice, with each party to bear its own attorney's fees and costs. Defendants' counterclaims for damages and injunctive relief against the plaintiff parties are dismissed, with prejudice, with each party to bear its own attorney's fees. Status hearing set for 5/3/2022 is stricken.
日期04/27/2022
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re: consent decree and joint status report STATEMENT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期04/20/2022
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EXHIBIT by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd Amended Schedule A regarding amended complaint, [314]
日期04/15/2022
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MINUTE entry before the Honorable Martha M. Pacold: The court takes plaintiff's motion for entry of default and default judgment [417] under advisement. Any defendant objecting to plaintiff's motion for entry of default and for default judgment [417] must enter an appearance and file a written objection by 4/29/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. Mailed notice.
日期04/15/2022
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MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [416], which seeks to voluntarily dismiss defendant No. 32 EcoModa Europe under Rule 41(a)(1). 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 dropping defendant No. 32 EcoModa Europe 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 4/22/2022 identifying the remaining defendants. EcoModa Europe terminated. Mailed notice.
日期04/15/2022
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MINUTE entry before the Honorable Martha M. Pacold: The motion for entry of consent judgment [415] is taken under advisement. Consistent with the Court's standing order concerning settlement, the parties are directed to review the following Seventh Circuit cases regarding the retention of federal jurisdiction to enforce the terms of a settlement agreement: Dupuy v. McEwen, 495 F.3d 807 (7th Cir. 2007); Blue Cross and Blue Shield Ass'n v. American Express Co., 467 F.3d 634 (7th Cir. 2006), Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006, and Lynch v. Samatamason Inc., 279 F.3d 487 (7th Cir. 2002). The parties are further directed to review the article, "What's an Attorney to Do? Ensuring Federal Jurisdiction Over Settlement Agreements in Light of Recent Seventh Circuit Cases," by Judge Denlow, which may be accessed at: http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/DENLOW/FederalJurisdiction.pdf. The parties are directed to file a joint status report by 4/27/2022 addressing whether their proposed consent judgment complies with the relevant caselaw. Telephonic status hearing set for 5/3/2022 at 10:30 am. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. The court may cancel the hearing if it determines that a hearing is unnecessary. Mailed notice.
日期04/12/2022
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MEMORANDUM by Hangzhou Aoshuang E-Commerce Co., Ltd in support of motion for default judgment[417]
附件:
1:Exhibit A
2:Declaration of Adam E. Urbanczyk
日期04/12/2022
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MOTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd for default judgment as to
日期04/12/2022
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NOTICE of Voluntary Dismissal by Hangzhou Aoshuang E-Commerce Co., Ltd of Certain Defendant
日期04/12/2022
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MOTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd to approve consent judgment JOINT
日期03/16/2022
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MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report [413]. The parties report progress in settlement discussions ant that they are continuing the settlement process. The parties are directed to fully exhaust settlement possibilities (as they have reported they are working toward). On review of the parties' proposed briefing schedules, the court sets the following briefing schedule: The following motions are due in 28 days, with 21 days for the response and 14 days for the replies: plaintiff's motion for summary judgment, defendants' motion to amend answer, and defendants' motion to reopen discovery. The court will set a schedule for the remaining proposed motions as necessary after the briefing and resolution of these other motions. The parties are reminded that all briefs and filings must comply with the local rules, including Local Rules 7.1 and 56.1.
日期03/15/2022
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期03/01/2022
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MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report [411]. As in the prior status report [409], the parties report a setback in settlement discussions. Plaintiff requests 45 more days to exhaust the prospect of settlement. Defendants oppose this request and instead ask for 30 days to move for leave to amend his answer, to re-open discovery, and for sanctions. On July 20 and 21, 2021, more than 7 months ago, the court held a settlement conference over two days, for multiple hours each day, beginning early in the morning (the court's time) to accommodate the parties' schedule given the time zone from which all parties and some counsel were participating. Since then, the parties filed 4 status reports requesting more time to continue settlement discussions and execute a settlement agreement. [401], [403], [405], [407]. The parties then filed two more status reports (including the most recent one) reporting a setback. [409], [411]. Given the extraordinary amount of time the parties have already had to resolve this case, the parties are given one final chance to conclude settlement discussions in the next two weeks, by 3/15/2022. If a stipulation of dismissal is not filed by 3/15/2022, the parties must instead submit a proposed briefing schedule by that date.
日期02/24/2022
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期01/10/2022
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MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report [409]. Plaintiff requests additional time to complete and execute a settlement agreement. Defendant requests the court to set a deadline to file sanctions, even as the parties continue settlement discussions. The parties are directed to file an updated joint status report by 2/24/2022, at which point the court will revisit defendant's request. Until then, the court asks the parties to engage in settlement discussions in good faith, as they have done so far.
日期01/07/2022
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期12/01/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report [407]. The parties' request for additional time to complete and execute a settlement agreement is granted. The parties are directed to file an updated joint status report by 1/7/2022.
日期11/30/2021
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期10/26/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report [405]. The parties' request for an additional 30 days to complete and execute a settlement agreement is granted. The parties should file an updated joint status report by 11/30/2021.
日期10/25/2021
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期09/24/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report [403]. The parties' request for an additional 30 days to continue settlement discussions is granted. As noted in [400], the motions listed in [400] were stricken without prejudice and with leave to refile if settlement discussions are unsuccessful. The parties should file an updated joint status report by 10/25/2021.
日期09/23/2021
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期08/24/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report [401]. The parties' request for an additional 30 days to continue settlement discussions is granted. As noted in [400], the motions listed in [400] were stricken without prejudice and with leave to refile if settlement discussions are unsuccessful. The parties should file an updated joint status report by 9/23/2021.
日期08/20/2021
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期07/21/2021
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MINUTE entry before the Honorable Martha M. Pacold: Continued video conference settlement conference held off the record on 7/21/2021. The court commends the parties and counsel for their good faith efforts to resolve the case and participation in the settlement conference. The parties are continuing to discuss settlement. For docket management purposes and to accommodate settlement discussions, all pending motions, [350], [365], [375], [378], [381], [386], briefing schedules, and deadlines are stricken pending settlement discussions; pending motions are stricken without prejudice and with leave to refile if settlement discussions are unsuccessful. Joint status report due 8/20/2021 on (1) the status of settlement, including if necessary any request for additional time to discuss settlement; (2) if necessary, a list by docket number of motions and associated briefs and filings that the parties seek to refile, indicating which motions have been previously briefed and suggesting briefing schedules for motions that have not been fully briefed; (3) any request for a further hearing; (4) anything else the parties wish to bring to the court's attention.
日期07/20/2021
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MINUTE entry before the Honorable Martha M. Pacold: For the reasons stated on the record, plaintiff's motion to seal [385] is granted. Plaintiff and defendants have each filed a motion for summary judgment, [381], [386]. The briefing schedule on these pending motions for summary judgment (the schedule for responses and replies to dispositive motions), which was set in [372], is modified as follows: Responses are due 8/19/2021. Replies are due 9/2/2021. Settlement conference held on 7/20/2021 off the record and continued to 7/21/2021 at 7:00 a.m. Both clients with settlement authority and attorneys must be present.
日期07/16/2021
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日期07/15/2021
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REPLY by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd to motion to seal document[385]
附件:
1:Errata Unreported Opinions
日期07/12/2021
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MEMORANDUM by Hangzhou Aoshuang E-Commerce Co., Ltd in support of motion for summary judgment[381] Amended
附件:
1:Errata Unreported Opinions
日期07/12/2021
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MEMORANDUM by Wenbo Zhou in Opposition to motion to seal document[385]
日期07/09/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendants' request to reset the video conference is granted. The video conference set for 7/14/2021 is stricken and reset to 7/20/2021 at 8:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (571) 353-2300; followed by the access code 231122108#. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations 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.
日期07/09/2021
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CERTIFICATE of Service as per Doc. 391 by Larry Ford Banister, II on behalf of Wenbo Zhou regarding order on motion for leave to file excess pages, set motion and R&R deadlines/hearings, [391], text entry, [371], order on motion for leave to file excess pages, terminate motion and R&R deadlines/hearings, set motion and R&R deadlines/hearings, [380]
日期07/08/2021
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CERTIFICATE of Service re: [371], [380], [391] by Adam Edward Urbanczyk on behalf of Hangzhou Aoshuang E-Commerce Co., Ltd
日期07/08/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's motion for summary judgment, [381], plaintiff's motion to seal documents, [385], plaintiff's motion for leave to file excess pages, [390], and defendant's motion for partial summary judgment. There are a number of issues with plaintiff's motions. First, plaintiff's motion to seal, [385], does not indicate whether it is opposed. As the parties are well aware, see [297] 2, [308], this court's motion procedures, which are available on the court's website, provide that motions "must indicate whether they are agreed or opposed. If the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov." Plaintiff is directed to inform the court by 7/12/2021 whether the motion to seal is opposed. Second, plaintiff's motion for leave to file excess pages in support of its motion for summary judgment, [390], was filed on the deadline for dispositive motions, see [372]. The day before plaintiff filed its motion for leave, the court denied defendant's motion for leave to file an overlength brief supporting its motion for sanctions. [380]. The court explicitly noted that filing a motion for leave to file an overlength brief so close to the deadline for the brief itself was not best practice; it does not allow enough time for the court to rule on the motion for leave to file and for the party to file a brief that complies with Local Rule 7.1 before the deadline. [380]. This observation applies with even more force here where plaintiff filed the motion for leave on the same day as the deadline for the brief itself. Again, this does not allow enough time for the court to rule on the motion for leave to file and for plaintiff to file a brief that complies with Local Rule 7.1 before the deadline for the brief, see [380], effectively violating the deadline for the brief. The court has previously warned both parties that litigation practices that do not comply with court orders or unnecessarily strain the court's time and resources will not be tolerated. See [371]. Accordingly, plaintiff's motion for leave to file excess pages [390] is denied. Plaintiff has until 7/12/2021 to file a brief that complies with Local Rule 7.1. The attorneys are directed to serve their clients with the following court orders, [371], [380], [391], and promptly file notices of service on the docket. In addition, the court will conduct a video conference on 7/14/2021 at 8:00 A.M. to discuss the following pending motions: [350], [365], [375], [378], [381], [385], [386]. Both clients with settlement authority and attorneys must be present.
日期07/07/2021
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MOTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd for leave to file excess pages
附件:
1:Exhibit Exhibit 1
2:Errata Unreported Opinions
日期07/07/2021
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RULE 56 Fed.R.Civ.P. 56(c)(1), L.R. 56.1 Statement by Wenbo Zhou regarding motion for partial summary judgment[386]
附件:
1:Errata
2:Errata
3:Errata
4:Errata
5:Errata
6:Errata
7:Errata
8:Errata
9:Errata
10:Errata
11:Errata
12:Errata
13:Errata
14:Errata
15:Errata
日期07/07/2021
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MEMORANDUM by Wenbo Zhou in support of motion for partial summary judgment[386]
附件:
1:Errata Unreported Cases
日期07/07/2021
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RULE 56 (c)(1), LR 56.1 Statement by Hangzhou Aoshuang E-Commerce Co., Ltd regarding motion for summary judgment[381]
日期07/07/2021
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MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for partial summary judgment
日期07/07/2021
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MOTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd to seal document sealed document[383], sealed document[384]
日期07/07/2021
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SEALED DOCUMENT by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd Exhibit 13
日期07/07/2021
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SEALED DOCUMENT by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd Exhibit 6
日期07/07/2021
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DECLARATION of Houbing Wang regarding motion for summary judgment[381]
附件:
1:Exhibit 1
2:Exhibit 2-1
3:Exhibit 2-2
4:Exhibit 2-3
5:Exhibit 2-4
6:Exhibit 3
7:Exhibit 4
8:Exhibit 5
9:Exhibit 7
10:Exhibit 8
11:Exhibit 9
12:Exhibit 10
13:Exhibit 11
14:Exhibit 12
日期07/07/2021
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MOTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd for summary judgment
日期07/06/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendant's motion for leave to file excess pages [377] is denied. The issues presented in defendant's motion for sanctions [375] and the supporting memorandum [376] do not warrant excess pages. As the court has explained in response to a prior request by defendants to file an overlength brief: "Defendants have requested overlength briefs before, and the court has granted prior requests ([223], [237]), but it is not clear that a pattern of overlength briefs in this case serves efficiency." [297] at 3. Similarly here, an overlength brief is neither necessary nor efficient. Defendant's brief contains over 41 pages of text; the conclusion alone runs over 3 pages. Accordingly, the court strikes defendant's overlength brief. [376]. Further, defendant filed the motion for leave to file excess pages one business day before the 7/7/2021 deadline. While the brief itself was technically timely, filing a motion for leave to file an overlength brief so close to the deadline for the brief itself is not best practice; this does not allow enough time for the court to rule on the motion for leave to file and for defendant to file a brief that complies with Local Rule 7.1 before the deadline. Defendant has exhibited similar conduct throughout this litigation that has unnecessarily consumed the court's time and resources. Nevertheless, because the current deadline is tomorrow, the court will grant defendant an extension. Defendant has until 7/16/2021 to file a brief that complies with Local Rule 7.1. Plaintiff has until 8/20/2021 to respond. Defendant has until 9/3/2021 to reply. The court has also received defendant's opposed motion for injunction bond damages. [378]. Plaintiff has until 7/30/2021 to respond. Defendant has until 8/16/2021 to reply.
日期07/06/2021
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MEMORANDUM by Wenbo Zhou in support of motion for miscellaneous relief[378]
附件:
1:Errata Unreported Cases
日期07/06/2021
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MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou COUNTER-PLAINTIFF AND DEFENDANT ZHOU WENBO'S OPPOSED MOTION FOR INJUNCTION BOND DAMAGES
日期07/05/2021
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MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for leave to file excess pages re. Doc. 376
日期07/05/2021
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日期07/04/2021
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MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for sanctions
日期07/03/2021
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DECLARATION of L. Ford Banister, II
附件:
1:Exhibit
2:Exhibit
3:Exhibit
4:Exhibit
5:Exhibit
6:Exhibit
7:Exhibit
8:Exhibit
9:Exhibit
10:Exhibit
11:Exhibit
12:Exhibit
13:Exhibit
14:Exhibit
15:Exhibit
16:Exhibit
17:Exhibit
18:Exhibit
19:Exhibit
20:Exhibit
21:Exhibit
日期06/28/2021
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RESPONSE by Hangzhou Aoshuang E-Commerce Co., Ltdin Opposition to MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for leave to file OPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO PLAINTIFF'S SECOND MOTION FOR FINDING OF CONTEMPT[365]
附件:
1:Errata Proposed Sur-rebuttal
2:Affidavit Declaration of Adam E. Urbanczyk
日期06/23/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant's motion for leave to file a sure-reply to plaintiff's second motion for contempt. [365] That motion and plaintiff's second motion for contempt [350] are taken under advisement. In addition, the court has received defendant's motion the dispositive motion deadline [366]. The motion requests a 30-day extension. The current deadline to file dispositive motions is 6/24/2021. As plaintiff's response points out, fact discovery closed on 10/9/2020. Defendant has had over seven months to prepare its dispositive motions. Further, plaintiff notes that defendant has a pattern of seeking extensions, which led Judge Cole to state that no further extensions of discovery would be granted. See [311]. While defendant is correct that "the record in the instant case is expansive," that is due, in part, to defendant's own behavior in this litigation. Nevertheless, defendant did not receive the transcript of the 6/3/2021 hearing until 6/22/2021. Thus, the court will grant a 14-day extension to file dispositive motions, including the motion for sanctions that defendant indicated was forthcoming. Dispositive motions are due by 7/7/2021. Responses are due by 7/30/2021. Reply briefs are due by 8/6/2021.
日期06/23/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has received first plaintiff's statement and then plaintiff's amended statement regarding parties affected by the court's order granting the motion to vacate the preliminary injunction orders. [360], [361]. Pursuant to the statement and the parties' agreement, the court's order granting the motion to vacate the preliminary injunction orders entered on 6/3/2021 [357] applies to the following defendants: Def. No. 124-qixing; Def. No. 146-Star star in the sky; Def. No. 168-william&jack; Def. No. 41-fashion-shop113; Def. No. 186-zagoo; Def. No. 40-fashion-shop112; Def. No. 11-aztuckers; Def. No. 185-yuzebaby; Def. No. 30-dongyang743; Def. No. 39-ZOGAA3 Store; Def. No. 56-Greatmen Store; Def. No. 28-zoggaofficial store; Def. No. 82-ZOGAA SIX Store; Def. No. 25-ConvenientYourLife; Def. No. 180-yangxinyuan; Def. No. 55-Goodgoods8; Def. No. 173-Xiao wu big yards shop; Def. No. 44-fengzifei; Def. No. 45--fengzihyt-4; Def. No. 134-Shirley Store; Def. No. 15-babyzaima; Def. No. 33-Encantador KK Store; and Def. No. 182-Your Parcel Store. The preliminary injunction orders are vacated as to these defendants. The court declines to extend the order vacating the preliminary injunction to the additional parties proposed by defendants seeing as these parties have settled and have been dismissed from the case. Defendants' argument that the order should extend to dismissed defendants is borderline frivolous and potentially sanctionable. See Fed. R. Civ. P. 11. In addition, in response to the court's straightforward order of a single joint status report by 6/10/2021, see [357], the plaintiff filed its own status report by the deadline, [362], and then the defendants filed a declaration and a separate status report after the deadline, [363], [364]. Defendants' filings do not comply with the order of a single joint status report by 6/10/2021. The court has considered them nonetheless. But these filings, including borderline frivolous arguments of the type made by defendants in [361] and defendants' multiple, late, noncompliant filings of the kind reflected in [363] and [364] (see also [313], denying a prior motion by defendants in part for noncompliance with a prior case management order), have unnecessarily strained the court's time and resources. The court warns both parties that, should they continue to make frivolous arguments or fail to comply with court orders, the court will strike filings and/or consider sanctioning the parties sua sponte.
日期06/22/2021
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REPLY by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou to response in opposition to motion[368]
日期06/22/2021
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TRANSCRIPT OF PROCEEDINGS held on 6/3/21 before the Honorable Martha M. Pacold. Order Number: 40935. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. <P>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.</P> Redaction Request due 7/13/2021. Redacted Transcript Deadline set for 7/23/2021. Release of Transcript Restriction set for 9/20/2021.
日期06/17/2021
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RESPONSE by Hangzhou Aoshuang E-Commerce Co., Ltdin Opposition to MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for extension of time OPPOSED MOTION TO EXTEND DISPOSITIVE MOTION DEADLINE[366]
日期06/17/2021
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MINUTE entry before the Honorable Jeffrey Cole: Discovery in this case closed on 10/9/20. [311]. The parties have been quite adamant that the case is not settleable. See, e.g., [311]. Accordingly, all matters relating to the referral having been resolved, the referral is closed and the case returned to Judge Pacold. Mailed notice
日期06/17/2021
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MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for extension of time OPPOSED MOTION TO EXTEND DISPOSITIVE MOTION DEADLINE
日期06/16/2021
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MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for leave to file OPPOSED MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO PLAINTIFF'S SECOND MOTION FOR FINDING OF CONTEMPT
附件:
1:Exhibit Proposed Sur-Reply
日期06/15/2021
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STATUS Report DEFENDANT ZHOU WENBO'S SUPPLEMENTAL STATUS REPORT by Zhou Wenbo
日期06/15/2021
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日期06/10/2021
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STATUS Report by Hangzhou Aoshuang E-Commerce Co., Ltd
日期06/07/2021
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Amended STATEMENT by Hangzhou Aoshuang E-Commerce Co., Ltd regarding Affected Parties
日期06/07/2021
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STATEMENT by Hangzhou Aoshuang E-Commerce Co., Ltd regarding Affected Parties
日期06/06/2021
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REPLY by Hangzhou Aoshuang E-Commerce Co., Ltd to memorandum in opposition to motion[355]
附件:
1:Declaration of Adam E. Urbanczyk
2:Errata Unreported Opinions
日期06/03/2021
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NOTICE by Larry Ford Banister, II of Change of Address
日期06/03/2021
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MINUTE entry before the Honorable Martha M. Pacold: Status hearing and motion hearing held on 6/3/2021 via video conference. For the reasons stated on the record, the court overrules plaintiff's objections and adopts the Report and Recommendation [323] with the modifications stated on the record. Plaintiff's motion for preliminary injunction [34] is denied as moot. Defendants' motion to vacate the preliminary injunction orders [71] is granted. Defendants are to confirm by 6/7/2021 which defendants are the subject of the ruling. Counter-plaintiff Zhou Wenbo's motion to strike [334] is denied without prejudice. Defendants' oral motion to keep the bond in place for another 30 days is granted. Any dispositive motions are due by 6/24/2021; responses are due by 7/15/2021; and replies are due by 7/22/2021. The parties are directed to file a joint status report by 6/10/2021 reporting on the status of the case and including any other matters they wish to bring to the court's attention.
日期06/01/2021
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MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the Court's June, 2021 policy changes, the status hearing set for June 3, 2021 at 10:30 a.m. will proceed via video conference for all parties. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (571) 353-2300; followed by the access code 231122108#. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the Court. Participants are directed to keep their device muted when they are not speaking.
日期05/28/2021
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MEMORANDUM by Wenbo Zhou in Opposition to motion for miscellaneous relief, [350]
附件:
1:Exhibit
2:Exhibit Unreported Cases
日期05/26/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendants' counsel, Larry Banister's request to participate by telephone in the 6/3/2021 motion hearing is granted. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the Court. Plaintiff's counsel can still appear in open court or participate by telephone.
日期05/21/2021
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's request for an in-person status hearing is granted. The status hearing set for 6/3/2021 at 10:30 a.m. will proceed in open court, Courtroom 1425.
日期05/21/2021
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MINUTE entry before the Honorable Martha M. Pacold: Motion hearing on the Report and Recommendation [323] and Counter-Plaintiff Zhou Wenbo's motion to strike [334] set for 6/3/2021 at 10:30 a.m. Dial toll-free call-in number: (888) 684-8852; followed by the Conference Access Code: 9482028#. If the parties prefer a video conference or an in-person hearing they must contact the courtroom deputy as soon as possible.
日期05/06/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendants' response to Plaintiff's second motion for finding of contempt [350] is due by 5/28/2021. Plaintiff's reply is due by 6/7/2021.
日期05/04/2021
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MOTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd Finding of Contempt
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
6:Exhibit 6
7:Exhibit 7
8:Affidavit of Adam E. Urbanczyk
9:Errata Unreported Opinions
日期05/03/2021
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MINUTE entry before the Honorable Jeffrey Cole: On 10/27/20 I entered the following Order: "Telephone status conference held on 10/27/20. Fact discovery is closed. [311]. In our discussion regarding the status of the case, I noted that plaintiff's Motion of 8/26/20 for a finding of contempt against the defendants [330] for failing to pay a fee award in favor of the plaintiff and against the defendants [319] was open and unresolved, no response to the Motion having been filed by the defendants, despite the passage of more than two months. The Motion asked for an Order finding defendants in civil contempt. I expressed the view that I questioned whether I had authority under the circumstances presented here to find the defense in contempt. Defense counsel then objected to my proceeding at all now that discovery was over and the objection, counsel said, covered any consideration of the open Motion. The objection to my proceeding in the case at all covered plaintiff's Motion for Contempt, [330] and counsel for the defendants said that if I proceeded on that issue, he would file a motion for me to recuse myself. Nonetheless, I set the following briefing schedule: Plaintiff's counsel will, if he chooses, file a brief by 11/2/20 to explain why a Magistrate Judge has the authority to decide the Plaintiff's Motion for Finding of Contempt. [330]. Defense counsel's response, if any, will be due by 11/9/20. No reply brief will be necessary. Telephone status conference set for 11/2/20 is stricken." [342]. Six months have elapsed and the plaintiff/movant filed nothing regarding my authority to hold defendant in contempt. As noted in the 10/27/20 Order, it is not the court's function to do the work of counsel. See, e.g., Kay v. Board of Educ. of City of Chicago, 547 F.3d 736, 738 (7th Cir.2008); Hartmann v. Prudential Ins. Co., 9 F.3d 1207, 1214 (7th Cir.1993); Weissman v. Weener, 12 F.3d 84, 86 (7th Cir.1993). See also WWC Holding Co., Inc. v. Sopkin, 488 F.3d 1262, 12791280 (10th Cir.2007) (Gorsuch, J., dissenting); United States v. McLee, 436 F.3d 751, 760 (7th Cir. 2006); Tyler v. Runyon, 70 F.3d 458, 466 (7th Cir.1995). Given the present circumstances, the Motion of the plaintiff to hold the defendant in contempt [330] is stricken. Mailed notice
日期04/06/2021
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MINUTE entry before the Honorable Jeffrey Cole: On 7/24/20, I granted the Plaintiff's motion for attorney's fees. [300] and [319]. The defendants neither complied with the Order and paid the awarded fees, nor did they seek review by the District Court as they could have. The next step in this unfortunate saga, was the Plaintiff's motion for a finding of contempt [330]. The defense filed no response. On 10/27/20, during a telephone status conference, I noted that fact discovery was closed and I questioned whether I had contempt authority under the circumstances. The defendants lawyer then objected to my proceeding at all since discovery was over and his objection, based on neither principle nor precedent was claimed to cover any consideration of the open motion for contempt [342]. The plaintiff's counsel was asked to explain in writing whether a magistrate judge had the authority to decide the motion for contempt under the circumstances presented. Plaintiff was given until 11/2/20 to file a brief with the defense counsel's response due by 11/9/20. Five months have passed with nothing from either side on this core, fundamental issue. It is not a judge's job to do the work of counsel. See e.g., United States v. Cromic 466 US 648, 655 (1984); United States v. McLee, 436 F. 3d 751, 760 (7th Cir. 2006); Dal Pozzo v. Basic Machinery Co., 463 F. 3d 609 (7th Cir. 2006); Tyler v. Runyon, 70 F. 3d 458, 466 (7th Cir.1995). Mailed notice
日期11/24/2020
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MINUTE entry before the Honorable Martha M. Pacold:Defendant Men Hot Sell Hoodies at Line No. 107 is hereby dismissed with prejudice pursuant to the Notice of Dismissal under Rule 41(a)(1) 346 filed by plaintiff on 11/24/2020. Men Hot Sell Hoodies terminated.
日期11/24/2020
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NOTICE of Voluntary Dismissal by Hangzhou Aoshuang E-Commerce Co., Ltd as to certain defendant
日期11/09/2020
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MINUTE entry before the Honorable Martha M. Pacold:Defendants' unopposed motion to extend the dispositive motion deadline 343 is granted. Dispositive motions are due 14 days after the court's ruling on the report and recommendation. The court will set any further briefing schedule when the dispositive motions are received.
日期11/07/2020
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REPLY by Wenbo Zhou to response in opposition to motion, 338
日期11/03/2020
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MOTION by Defendants ConvenientYourLife, Fashion-shop113, Goodgoods8, Shirley Store, Star Star in The Sky, William&Jack, Xiao wu big yards shop, YOUR PARCEL STORE, ZOGAA SIX Store, ZOGAA3 Store, Zagoo, Wenbo Zhou, ZoggaOfficial Store, aztuckers, dongyang743, fashion-shop112, fengzifei, fengzihyt-4, qixing, yangxinyuan, yuzebaby, Counter Claimant Wenbo Zhou for extension of time COUNTER-PLAINTIFF AND DEFENDANT ZHOU WENBO AND ZHOU WENBO DEFENDANTS' UNOPPOSED MOTION TO EXTEND DISPOSITIVE MOTION DEADLINE
日期10/27/2020
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MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 10/27/20. Fact discovery is closed. 311. In our discussion regarding the status of the case, I noted that plaintiff's Motion of 8/26/20 for a finding of contempt against the defendants 330 for failing to pay a fee award in favor of the plaintiff and against the defendants 319 was open and unresolved, no response to the Motion having been filed by the defendants, despite the passage of more than two months. The Motion asked for an Order finding defendants in civil contempt. I expressed the view that I questioned whether I had authority under the circumstances presented here to find the defense in contempt. Defense counsel then objected to my proceeding at all now that discovery was over and the objection, counsel said, covered any consideration of the open Motion. The objection to my proceeding in the case at all covered plaintiff's Motion for Contempt, 330 and counsel for the defendants said that if I proceeded on that issue, he would file a motion for me to recuse myself. Nonetheless, I set the following briefing schedule: Plaintiff's counsel will, if he chooses, file a brief by 11/2/20 to explain why a Magistrate Judge has the authority to decide the Plaintiff's Motion for Finding of Contempt. 330. Defense counsel's response, if any, will be due by 11/9/20. No reply brief will be necessary. Telephone status conference set for 11/2/20 is stricken. Mailed notice
日期10/22/2020
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MINUTE entry before the Honorable Martha M. Pacold: Defendant ethnicpalacev at Line 36 is hereby dismissed with prejudice pursuant to the Notice of Dismissal under Rule 41(a)(1) 340 filed by plaintiff on 10/22/2020. ethnicpalace terminated.
日期10/22/2020
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NOTICE of Voluntary Dismissal by Hangzhou Aoshuang E-Commerce Co., Ltd as to certain defendants
日期10/19/2020
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MINUTE entry before the Honorable Martha M. Pacold:Defendant Zhou Wenbo's motion to strike affirmative defenses 334 is due by 11/6/2020.
日期10/16/2020
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RESPONSE by Hangzhou Aoshuang E-Commerce Co., Ltdin Opposition to MOTION by Counter Claimant Wenbo Zhou to strike answer to counterclaim 332 COUNTER-PLAINTIFF ZHOU WENBO'S MOTION TO STRIKE AFFIRMATIVE DEFENSES AND INCORPORATED MEMORANDUM OF LAW 334
附件:
1:Errata Unreported Opinions
日期10/16/2020
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MINUTE entry before the Honorable Jeffrey Cole:Telephone Status Conference is set for 10/27/20 at 9:30am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. 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. Counsel should contact the Court should any difficulties arise during depositions. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice
日期10/14/2020
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TRANSCRIPT OF PROCEEDINGS held on 7/10/2020 before the Honorable Jeffrey Cole. Order Number: 39293. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. <P>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.</P> Redaction Request due 11/4/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/12/2021.
日期10/01/2020
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REPLY by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd to memorandum, 333
附件:
1:Exhibit A
2:Declaration of Houbing Wang
3:Errata Unreported Opinions
日期09/22/2020
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MOTION by Counter Claimant Wenbo Zhou to strike answer to counterclaim 332 COUNTER-PLAINTIFF ZHOU WENBO'S MOTION TO STRIKE AFFIRMATIVE DEFENSES AND INCORPORATED MEMORANDUM OF LAW
附件:
1:Exhibit Unreported Cases
日期09/17/2020
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MEMORANDUM objection to report and recommendations 329 by ConvenientYourLife, Fashion-shop113, Goodgoods8, Shirley Store, Star Star in The Sky, William&Jack, Xiao wu big yards shop, YOUR PARCEL STORE, ZOGAA SIX Store, ZOGAA3 Store, Zagoo, Wenbo Zhou, ZoggaOfficial Store, aztuckers, dongyang743, fashion-shop112, fengzifei, fengzihyt-4, qixing, yangxinyuan, yuzebaby DEFENDANTS' AND COUNTER-PLAINTIFF'S MEMORANDUM OF LAW IN RESPONSE TO PLAINTIFF'S OBJECTIONS TO MAGISTRATE'S RECOMMENDATIONS REGARDING THE PRELIMINARY INJUNCTION
附件:
1:Exhibit Unreported Cases
日期08/31/2020
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ANSWER to counterclaim, and Affirmative Defenses by Hangzhou Aoshuang E-Commerce Co., Ltd, Houbing Wang, DongDong Zhao
日期08/28/2020
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MINUTE entry before the Honorable Martha M. Pacold:Defendants' response to Plaintiff's Fed.R.Civ.P. 72(b) Objections to Magistrate's Recommendations regarding the Preliminary Injunction is due by 9/17/2020. Defendants' reply brief is due by 10/1/2020.
日期08/26/2020
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MOTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd for Finding of Contempt
附件:
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4
5:Exhibit 5
6:Exhibit 6
7:Declaration of Adam E. Urbanczyk
日期08/24/2020
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OBJECTION by Plaintiff Hangzhou Aoshuang E-Commerce Co., Ltd to report and recommendations 323
附件:
1:Exhibit A
2:Exhibit B
3:Declaration of Houbing Wang
4:Errata Unreported Opinions
日期08/24/2020
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MINUTE entry before the Honorable Jeffrey Cole: On July 24th a Memorandum Opinion and Order 319 awarded attorneys' fees to plaintiff's counsel under the fee shifting provisions of Rule 37(a)(5). Hangzhou Aoshuang E-Commerce Co. v. 008Fashion, _F.R.D._, 2020 WL 4249081, at *1 (N.D. Ill. 2020). No review was sought of that Opinion by Judge Pacold. On August 21st the defendants filed a nine-page Motion for Reconsideration of the July 24th Opinion. 325. Three days later, the defendants filed an eight-page motion to correct formatting, citation and scrivner's errors 327 in the original Motion to Reconsider. Paragraphs 8 through 14 (pp. 4-8) dealt not with the correction of typographical errors but made an argument as to how the defendants' lawyer was wrongfully treated in the Opinion and it cited the 1972 Opinion in the Conspiracy 7 case, In re Dellinger, 461 F.2d 389, 399 (7th Cir. 1972). The Motion for Leave to File Corrected Motion for Reconsideration 327 is granted as to paragraphs 1 - 8. It is denied as to paragraphs 9-13.Under Fed.R.Civ.P. 72(a), the defendants had 14 days in which to file objections to the original Memorandum Opinion and Order which contained matters that defense counsel now claims to be objectionable and incorrect. No appeal was taken and no enlargement of time was sought from Judge Pacold, who clearly could have granted a continuance based upon any consideration she found compelling, not the least of which is the existence of circumstances resulting from the Coronavirus referred to in paragraph 4 of the Motion to File Corrections. [327 at 4]. No such request was made of Judge Pacold. As the defendants failed to seek review of the ruling of July 24th, they waived any arguments or objections they might have had, including those set forth in their motion for reconsideration. See Fed.R.Civ.P. 72(a) ("A party may not assign as error a defect in the order not timely objected to."); Davis v. Kayira, 938 F.3d 910, 917 (7th Cir. 2019) (". given that Rule 72(a) requires an objection to nondispositive orders within 14 days and itself bars further review of untimely objections, there's no need. to parrot that mandate."); Foreman v. Wadsworth, 844 F.3d 620, 625 (7th Cir. 2016); Williamson v. Indiana Univ., 345 F.3d 459, 464 (7th Cir. 2003)("[Defendants] waived the arguments [they] would now like to present by failing to object in the district court."). Accordingly, the Motion for Reconsideration [325, 326] is denied. Mailed notice.
日期08/24/2020
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MOTION by Defendants ConvenientYourLife, Fashion-shop113, Goodgoods8, Shirley Store, Star Star in The Sky, William&Jack, Xiao wu big yards shop, YOUR PARCEL STORE, ZOGAA SIX Store, ZOGAA3 Store, Zagoo, Wenbo Zhou, ZoggaOfficial Store, aztuckers, dongyang743, fashion-shop112, fengzifei, fengzihyt-4, qixing, yangxinyuan, yous_bargain, Counter Claimants ConvenientYourLife, Fashion-shop113, Goodgoods8, Shirley Store, Star Star in The Sky, William&Jack, Xiao wu big yards shop, YOUR PARCEL STORE, ZOGAA SIX Store, ZOGAA3 Store, Zagoo, Wenbo Zhou, ZoggaOfficial Store, aztuckers, dongyang743, fashion-shop112, fengzifei, fengzihyt-4, qixing, yangxinyuan, yuzebaby for leave to file Corrected Motion for Reconsideration of the Orders Granting Plaintiff Attorney Fees. [Doc. 326]
日期08/24/2020
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SUPPLEMENT to motion for reconsideration 325 Revised Version Submitted to Correct Formatting, Citation and Scrivener's Errors
日期08/21/2020
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MOTION by Defendant Wenbo Zhou, Counter Claimant Wenbo Zhou for reconsideration regarding memorandum opinion and order 294, order on motion for attorney fees, memorandum opinion and order 319
日期08/10/2020
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ANSWER to amended complaint, COUNTERCLAIM filed by YOUR PARCEL STORE, yuzebaby, Star Star in The Sky, fengzifei, dongyang743, yangxinyuan, Zagoo, William&Jack, Goodgoods8, Shirley Store, aztuckers, ZOGAA3 Store, ZoggaOfficial Store, ZOGAA SIX Store, ConvenientYourLife, fengzihyt-4, Xiao wu big yards shop, fashion-shop112, qixing, Fashion-shop113, Wenbo Zhou against Hangzhou Aoshuang E-Commerce Co., Ltd, Houbing Wang, DongDong Zhao. by YOUR PARCEL STORE, yuzebaby, Star Star in The Sky, fengzifei, dongyang743, yangxinyuan, Zagoo, William&Jack, Goodgoods8, Shirley Store, aztuckers, ZOGAA3 Store, ZoggaOfficial Store, ZOGAA SIX Store, ConvenientYourLife, fengzihyt-4, Xiao wu big yards shop, fashion-shop112, qixing, Fashion-shop113, Wenbo Zhou
附件:
1:Exhibit
2:Exhibit
3:Exhibit
4:Exhibit
日期08/10/2020
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REPORT AND RECOMMENDATIONS: Objections to R&R due by 8/24/20. Signed by the Honorable Jeffrey Cole on 8/10/20. Mailed notice (yt).
日期08/10/2020
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MINUTE entry before the Honorable Jeffrey Cole: For the reasons set forth in the accompanying Report and Recommendation, it is recommended that the Defendants' Motion to Vacate the Preliminary Injunction Orders [Dkt. #71] be granted, and that the Plaintiff's Motion for Entry of a Preliminary Injunction [Dkt. #34] be denied. Enter Report and Recommendation. Mailed notice
日期07/25/2020
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MINUTE entry before the Honorable Martha M. Pacold:Defendants' unopposed motion to extend deadline to answer or otherwise respond 320 is granted. Defendants to answer or otherwise plead to the amended complaint by 8/10/2020.
日期07/24/2020
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MOTION by Defendants ALING FASHION COOL, BABYZAIMA, ConvenientYourLife, ENCANTADOR KK STORE, Fashion-shop113, Goodgoods8, Greatmen Store, HEHENI STORE, HOME FULL, NIUBI STORE, SHENJIANFENG, Shirley Store, Star Star in The Sky, WOWAN1, William&Jack, Xiao wu big yards shop, YOUR PARCEL STORE, ZOGAA SIX Store, ZOGAA3 Store, Zagoo, ZoggaOfficial Store, aztuckers, dongyang743, fashion-shop112, fengzifei, fengzihyt-4, qixing, yangxinyuan, yuzebaby for extension of time to file answer or otherwise plead - UNOPPOSED
日期07/24/2020
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MEMORANDUM OPINION and ORDER: Motion for attorney fees 300 is granted. Signed by the Honorable Jeffrey Cole on 7/24/20. Mailed notice
日期07/23/2020
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MINUTE entry before the Honorable Jeffrey Cole: The hearing scheduled for 7/29/20 is canceled, as a further review of the docket reveals that there has already been extensive briefing related to the Preliminary Injunction issue. No further filings related to the issue will be allowed without prior leave of this court. Mailed notice
日期07/22/2020
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MINUTE entry before the Honorable Jeffrey Cole: Judge Pacold has expanded the previous referral to include a Report and Recommendation on the plaintiff's Request for Preliminary Injunctive relief. 316. A telephonic status conference is scheduled for 7/29/20 at 9:00 a.m. to get counsel's input and to schedule the necessary further proceedings. Counsel should call 1-888-684-8852, access code 5618926. Mailed notice
日期07/16/2020
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MINUTE entry before the Honorable Martha M. Pacold: In light of the parties' recent joint status report 315 : 1. The referral pending before Judge Cole is expanded for the purpose of conducting a Report and Recommendation on Plaintiff's Motion for Entry of a Preliminary Injunction 34 and Defendants' Motion to Vacate the Preliminary Injunction Orders 71. 2. Cross-Defendants' Motion to Dismiss 127 is denied as moot. Plaintiff's Motion for Entry of Default and Default Judgment 146 is denied as withdrawn. 4. The dispositive motion schedule proposed by the parties is entered as follows: Dispositive motions are due by 11/9/2020, responses are due by 11/23/2020, and replies are due by 12/7/2020.
日期07/15/2020
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STATUS Report JOINT by Hangzhou Aoshuang E-Commerce Co., Ltd
日期07/13/2020
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AMENDED complaint by Hangzhou Aoshuang E-Commerce Co., Ltd against AB BUYER, ANDYOU, Auspicious Happiness, BABYZAIMA, Babygift, Best Turnner, ConvenientYourLife, Day Store, ENCANTADOR KK STORE, ENVY LAB, ENWAYEL Official Store, EcoModa Europe, Fashion-shop113, FashionUSASeller, Goodgoods8, Greatmen Store, H2H, HOWLLOFTY Store, Happy Family International, Laughter is the greatest capital of life, Lucy.Yang, Lue Ku Store, MFOUR, Men Clothes P2 Store, Men Hot Sell Hoodies, Men's fashion expert, Menstore, Beautydiy, LASPERAL Men, Handsome Men, Sparkling Jewel Store, Touching Moments Store, Quality Life clothes store, Shop4848016 Store, Li&Diedie Store, Timing Zone Store, Personality Wardrobe, NestYu, RTYRYE Store, SSM, ST TLZMC, STTLZMC, Shanghai Xingxin Garmen ts Co., Ltd., ShenZhen Value Fashion Co.Ltd., ShenZhen Value Fashion Co.Ltd., Shirley Store, Shop3085130 Store, Shop3085130 Store, Shop3088115 Store, Shop3088115 Store, Shop3091105 Store, Shop3091105 Store, Shop3093071 Store, Shop3093071 Store, Shop4542029 Store, Shop4542029 Store, Shop4848016 Store, Sprima clothing, Star Star in The Sky, Star Star in The Sky, Textiles with pure blue preference, Textiles with pure blue preference, The Partnerships and Unincorporated Associations Identified on Schedule "A", The Tideway of Tribe Store, The Tideway of Tribe Store, Timing Zone Store, Trend line, UONLY1, UseGiraffe Store, Varin Snake, VousAttirez, Wilderness, William&Jack, XiShuangJi, Xiao wu big yards shop, Xiao wu big yards shop, YAYA - GO, YAYA-GO, YOUR PARCEL STORE, YudiepianPian, ZOGAA SIX Store, ZOGAA3 Store, Zagoo, ZhanMark, ZoggaOfficial Store, ainiyishengyishi, andyhua, awesomestyle, aztuckers, buyerloverr, candasalejandro, donglimaoyi, dongyang743, ethnicpalace, fashion-shop112, fengxingpong, fengzifei, fengzihyt-4, francohomme, futiansangeyijiamaoyiyouxiangongsi, guoyu, headsetbuy, hehedexiaodian, huamuer, isellandauction, jinpan, kingsmen2016, leechenn, legenddiva2011, lidaofang123, littleatoms, liuchangmoon, liujie003, mariukss, menstar, mr.motoboy, ninghongmy Store, ohbest2016, premium_products_store, premium_rated_products, qixing, rouyanximiannai, scully-shopping, shenyongtanmao, shougongyizhijia, smartcandy, tianyichen, ultimatediscounto utlet, ultimatediscountoutlet, wangjialin88, wanmeiren, wbmkk, wen fashion store, wenhuan123, windy, xiaojingjing230, xiaomishou, xiewensu, xingfujiating521, yous_bargain, yuzebaby, zhongping Store, zoujianchow2013, Zhou Wenbo
附件:
1:Exhibit 1
2:Exhibit Schedule A
日期07/13/2020
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MINUTE entry before the Honorable Martha M. Pacold:Defendants have filed Defendants' Fed. R. Civ. P. 72(a) Motion to Vacate, in Part, Magistrate's Discovery Order, or, in the Alternative, to Refer for Report and Recommendation and Incorporated Memorandum of Law 304. The motion is denied without prejudice, for two independent reasons. First, the motion does not comply with the recent case management order, 297 paragraph 2. Second, as Judge Cole noted in 306, once the briefing on 300 has concluded, Judge Cole will enter a recommendation, and if there are objections, I may consider Judge Cole's findings under either Rule 72(a) or 72(b), as appropriate; thus, defendants' concerns are premature.
日期07/13/2020
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MINUTE entry before the Honorable Martha M. Pacold:Defendants move to vacate 205 two of Judge Cole's rulings 190, 203 on nondispositive pretrial matters. To modify or set aside a magistrate judge's order on a nondispositive pretrial matter, the order must be "clearly erroneous or contrary to law." Fed. R. Civ. P. 72(a). "The clear error standard means that the district court can overturn the magistrate judge's ruling only if the district court is left with the definite and firm conviction that a mistake has been made." Weeks v. Samsung Heavy Indus. Co., 126 F.3d 926, 943 (7th Cir. 1997). Further, "magistrate and district courts enjoy extremely broad discretion in controlling discovery." Jones v. City of Elkhart, Ind., 737 F.3d 1107, 1115 (7th Cir. 2013). Here, Defendants have not shown that Judge Cole's orders were clearly erroneous or contrary to law. See Maui Jim, Inc. v. Smartbuy Guru Enterprises., 16-cv-09788, at 8 (N.D. Ill. Feb. 26, 2018). Accordingly, the court denies the motion to vacate 205.
日期07/10/2020
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MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 7/10/20. My Order of 6/8/20 provided that a discovery close date was to be set at the next status which was to occur on 6/15/20. 277. Through no fault of counsel, the status of 6/15/20 was stricken. 281. The Order of 6/30/20 setting the telephone status conference for today stated that a close date for discovery would be selected at the next conference scheduled for 7/10/20. 299. At the conference today, the lawyers for each side had a slightly different idea for when discovery should close, although each linked the closing date to a "Pretrial Order" which was never entered because the court was never asked to enter such an order and which counsel apparently never held; however, the dates they selected would not begin to run until after the "Pretrial Order" was resolved by their agreement. Unfortunately, discovery schedules belong to the court, not to counsel. Wanko v. Bd. of Trustees of Indiana Univ., 927 F.3d 966, 969 (7th Cir. 2019). See also cases cited in Motorola Sols., Inc. v. Hytera Commc'ns Corp., 365 F. Supp. 3d 916, 921 (N.D. Ill. 2019). Moreover, it is certainly not the practice in this district for discovery schedules to be dependent upon some schedule to be decided by the parties at some indeterminate time in the future in this case, over a year after the case was originally file. It should be noted that at no time since this case began has either side approached the court with a proposed discovery cutoff date. Accordingly, fact discovery will close on 10/9/20. There will be no extensions. At the status today, counsel for the parties represented that they do not anticipate the need for or use of experts. Counsel for defendants also stated that they anticipated filing what was described as a sanctions motion within the next 30 days and that they believed that motion would be dispositive. All sides expressed the view that there was "no hope of settlement." Status set for 11/2/20 at 9:30 a.m. by phone. Counsel should call (888) 684-8852, access code 5618926. Mailed notice
日期07/10/2020
翻译
MINUTE entry before the Honorable Martha M. Pacold:In the updated joint status report due 7/15/2020, the parties should address whether the motion for default judgment 146 is moot due to the forthcoming second amended complaint. This is in addition to addressing the other topics previously directed in 297 paragraph 1 and 308 paragraph 3.
日期07/10/2020
翻译
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk5, Docket)
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