案件进度
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日期12/07/2022
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RETURN of U.S. Post Office receipt, article no. 7019 2280 0000 0962 5544.
日期11/10/2022
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MAILED original SURETY BOND in the amount of $10,000.00 posted by Plaintiff, Nirvana, L.L.C [24], to plaintiff's counsel Greer, Bruns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606 via certified mail, article No. 7019 2280 0000 0962 5544.
日期11/09/2022
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MINUTE entry before the Honorable Martha M. Pacold: Attorney Douglas B. Harper's motion to withdraw as counsel for defendants TaLang Fashion and Xintachaoliu [140] is granted. Attorney Douglas B. Harper terminated.
日期11/09/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the District Judge's dismissal of this case [138], all matters relating to the referral of this case have been resolved. Referral terminated. Mailed notice
日期11/08/2022
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MOTION by Attorney Douglas B. Harper (Local Counsel) to withdraw as attorney for TaLang Fashion, xintachaoliu. No party information provided
日期11/07/2022
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DEFAULT JUDGMENT Order signed by the Honorable Martha M. Pacold on 11/7/2022. Mailed notice
日期11/08/2022
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ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment [134]. The motion is granted. 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 of $500,000 per defendant, 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 defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Bruns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 11/8/2022. Mailed notice
日期10/21/2022
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MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default and default judgment [134] must enter an appearance and file a written objection by 10/31/2022. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
日期10/11/2022
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日期10/11/2022
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MEMORANDUM by Nirvana, L.L.C. in support of motion for entry of default, motion for default judgment[134]
附件:
1:Exhibit 1
日期10/11/2022
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MOTION by Plaintiff Nirvana, L.L.C. for entry of default, MOTION by Plaintiff Nirvana, L.L.C. for default judgment as to all remaining Defendants
附件:
1:Exhibit A
日期10/08/2022
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MINUTE entry before the Honorable Martha M. Pacold: The court adopts the findings and recommendations [131] and grants Plaintiff's renewed motion for sanctions [122]. Talang Fashion and Xintachaoliu did not file objections to the findings and recommendations within 14 days, 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(2); thus, they have forfeited any objection. Regardless of any forfeiture, on the merits, the court adopts the recommended disposition. Under Federal Rule of Civil Procedure 37(b)(2)(A)(iii), if a party "fails to obey an order to provide or permit discovery," a court may "strik[e] pleadings in whole or in part." Because Talang Fashion and Xintachaoliu have continually failed to participate in discovery in this case, the court strikes their Answer to the Complaint [80].
日期09/06/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court's order [131] is modified to add the following line: All of the cases Plaintiff cites in its Reply Brief [127] involve an award of attorneys' fees, which the courts in those cases found to be non-dispositive relief, not the type of an order Plaintiff requests in this case. The rest of order [131] remains the same. Mailed notice
日期09/06/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Renewed Motion for Sanctions Under Rule 37 [122] is granted in large part for the reasons set forth very well in the Motion [122] and in Plaintiff's Reply Brief [127]. ThMINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Renewed Motion for Sanctions Under Rule 37 [122] is granted in large part for the reasons set forth very well in the Motion [122] and in Plaintiff's Reply Brief [127]. The Motion [122] also is unopposed as Defendants Talang Fashion and Xintachaoliu did not respond to it per the briefing schedule set by the Court [124] after the Motion [122] was filed. On the record before the Court, the Court finds that Defendants Te Motion [122] also is unopposed as Defendants Talang Fashion and Xintachaoliu did not respond to it per the briefing schedule set by the Court [124] after the Motion [122] was filed. On the record before the Court, the Court finds that Defendants Talang Fashion and Xintachaoliu have utterly failed to participate in discovery in this case. As set forth in the Motion [122], neither Defendant has responded to Plaintiff's interrogatories and requests for production of documents served monthsalang Fashion and Xintachaoliu have utterly failed to participate in discovery in this case. As set forth in the Motion [122], neither Defendant has responded to Plaintiff's interrogatories and requests for production of documents served months ago, or explained their failure to do so, or requested more time within to serve discovery responses, nor have Defendants participated in requested Local Rule 37.2 conferences to discuss their ongoing discovery defaults. Pursuant to Federal Rule of ago, or explained their failure to do so, or requested more time within to serve discovery responses, nor have Defendants participated in requested Local Rule 37.2 conferences to discuss their ongoing discovery defaults. Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii), Plaintiff requests that the Court sanction Defendants Talang Fashion and Xintachaoliu for their refusal to participate in discovery by striking their Answer to the Complaint [80]. In the Court's view, that is aCivil Procedure 37(b)(2)(A)(iii), Plaintiff requests that the Court sanction Defendants Talang Fashion and Xintachaoliu for their refusal to participate in discovery by striking their Answer to the Complaint [80]. In the Court's view, that is an appropriate and measured sanction under Rule 37 for these Defendants' failure to respond to written discovery. The Court disagrees with Plaintiff, however, that a magistrate judge can enter such a sanction consistent with the referral order [n appropriate and measured sanction under Rule 37 for these Defendants' failure to respond to written discovery. The Court disagrees with Plaintiff, however, that a magistrate judge can enter such a sanction consistent with the referral order [119] ("this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motion119] ("this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement"), Internal Operating Procedure 14, and 28 U.S.C. 636(b)(1)(A). Striking Defendants Talang Fashion's and Xintachaoliu's Answer to the Complaint [80] effectively will permit Plaintiff to obtain a default s schedule, and for settlement"), Internal Operating Procedure 14, and 28 U.S.C. 636(b)(1)(A). Striking Defendants Talang Fashion's and Xintachaoliu's Answer to the Complaint [80] effectively will permit Plaintiff to obtain a default judgment against them and that is a case dispositive order. The Court does not read the authority submitted by Plaintiff to permit it to enter an order that effectively would grant dispositive relief to a party in a referred case, and the Court has fjudgment against them and that is a case dispositive order. The Court does not read the authority submitted by Plaintiff to permit it to enter an order that effectively would grant dispositive relief to a party in a referred case, and the Court has found no such authority in its own research that would support entry of such an order here. All of the cases Plaintiff cites in its Reply Brief [127] involve an award of attorneys' fees, which the courts in those cases found to be non-dispositiveound no such authority in its own research that would support entry of such an order here. All of the cases Plaintiff cites in its Reply Brief [127] involve an award of attorneys' fees, which the courts in those cases found to be non-dispositive relief, not the type of an order Plaintiff requests in this case. The Court, therefore, recommends to the assigned District Judge that she accept the findings and recommendation made herein, and enter an order striking Talang Fashion's and Xint relief, not the type of an order Plaintiff requests in this case. The Court, therefore, recommends to the assigned District Judge that she accept the findings and recommendation made herein, and enter an order striking Talang Fashion's and Xintachaoliu's Answer to the Complaint [80] as a discovery sanction pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii) because these Defendants have failed to respond to Plaintiff's written discovery in this case. Defendants are direcachaoliu's Answer to the Complaint [80] as a discovery sanction pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(iii) because these Defendants have failed to respond to Plaintiff's written discovery in this case. Defendants are directed to Federal Rule of Civil Procedure 72(b)(2) for their appeal rights including their right to appeal this report and recommendation within 14 days of this docket entry by which they are being served with this order. Mailed notice Modifited to Federal Rule of Civil Procedure 72(b)(2) for their appeal rights including their right to appeal this report and recommendation within 14 days of this docket entry by which they are being served with this order. Mailed notice Modified on 9/6/2022. (Main Document 131 replaced on 9/6/2022).ed on 9/6/2022. (Main Document 131 replaced on 9/6/2022). (Main Document 131 replaced on 9/6/2022).
日期08/24/2022
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ATTORNEY Appearance for Plaintiff Nirvana, L.L.C. by Justin Tyler Joseph
日期08/24/2022
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MINUTE entry before the Honorable Martha M. Pacold: Isaku M. Begert's motion to withdraw as counsel of record on behalf of plaintiff [128] is granted. Attorney Isaku Begert terminated.
日期08/23/2022
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MOTION by Attorney Isaku M. Begert to withdraw as attorney for Nirvana, L.L.C. No party information provided
日期08/01/2022
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REPLY by Plaintiff Nirvana, L.L.C. in Support of its Motion for Sanctions as to Defendants TaLang Fashion and xintachaoliu [122]
日期07/20/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 7/20/22. Counsel for Plaintiff appeared. No one appeared for Defendants. Both parties should address in their forthcoming briefs whether the relief Plaintiff is seeking in its Motion [80], i.e. that the Court strike Defendant TaLang Fashion's and Defendant xintachaoliu's Answer to the Complaint as a discovery sanction, is relief that this Magistrate Judge can grant in a referred case consistent with 28 U.S.C. 636(b)(1)(A). Mailed notice
日期07/19/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's Motion to Stay [123] is denied. Defendant's alleged failure to participate meaningfully in discovery is not a reason to excuse the filing of a joint status report. The status hearing previously set for tomorrow, 7/20/22 [121], will proceed as scheduled with or without the filing of a status report. The Court expects counsel for Plaintiff and Defendant Qitianly to appear by telephone for that status hearing. Mailed notice
日期07/19/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant shall respond to Plaintiff's Renewed Motion for Sanctions Pursuant to Rule 37 [122] by 7/25/22. If a response is filed, Plaintiff may file a reply in support of its motion by 8/1/22. Mailed notice
日期07/15/2022
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MOTION by Plaintiff Nirvana, L.L.C. to stay
日期07/13/2022
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MOTION by Plaintiff Nirvana, L.L.C. for Sanctions pursuant to Rule 37 Renewed
附件:
1:Declaration of Isaku M. Begert
日期06/29/2022
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MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. Plaintiff's Motion for Sanctions Pursuant to Rule 37 120 is denied without prejudice. At the Court's instance, however, Defendants shall respond to Plaintiff's First Set of Requests for Production, First Set of Interrogatories, and First Set of Requests for Admission ("Plaintiff's Discovery Requests"), served on 5/19/22, by 7/8/22. If Defendants cannot do so for some reason, then they will need to file a motion that establishes good cause for the additional delay on their already overdue discovery responses. If Defendants do not respond to Plaintiff's Plaintiff's Discovery Requests in accordance with this order, and any motion seeking more time is not filed or granted, then Plaintiff may renew its motion for sanctions. Plaintiff's Motion 120 is denied as of now because the relief sought (striking Defendants' answer to the complaint without leave to refile) is far out of proportion to Defendants' alleged infraction of the Federal Rules of Civil Procedure (failing to respond to Plaintiff's written discovery requests in a timely manner). Plaintiff appears to have waited two and one-half months to serve its "expedited" discovery requests and Defendants now appear to be a little over a month overdue in responding to them, but that delay, though unexcused as of now, does not justify the relief Plaintiff is seeking, in the exercise of Court's discretion. The parties shall file a joint initial status report in accordance with the Court's Standing Order for Initial Status Report for Cases Before Magistrate Judge Gilbert, posted on the Court's website www.ilnd.uscourts.gov/Judges, by 7/15/22. A telephone status hearing is set for 7/20/22 at 10:30 a.m. The call-in number for the hearing is 877-336-1829, access code 1022195, press #. 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. Mailed notice
日期06/28/2022
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MOTION by Plaintiff Nirvana, L.L.C. for sanctions pursuant to Rule 37
附件:
1:Declaration of Isaku M. Begert
日期06/27/2022
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Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement.
日期06/24/2022
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STATUS Report Joint, per 117 by Nirvana, L.L.C.
日期05/25/2022
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MINUTE entry before the Honorable Martha M. Pacold: Telephonic status hearing held on 5/25/2022. Plaintiff and defendants TaLang Fashion and xintachaoliu are directed to file a joint status report by 6/24/2022 to update the court on the status of settlement, unless a stipulation of dismissal is filed prior to that date.
日期05/20/2022
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for status hearing [114] is granted. Telephonic status hearing set for 5/25/2022 at 10:00 a.m. All parties' counsel are required to attend the status hearing. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions deemed necessary by the court.
日期05/19/2022
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STATUS Report per [113] by Nirvana, L.L.C.
日期05/16/2022
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MOTION by Plaintiff Nirvana, L.L.C. for Status Hearing Requiring Counsel to Participate
日期04/22/2022
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's status report 112 indicates that plaintiff has reached a settlement agreement with defendants TaLang Fashion and xintachaoliu. Plaintiff and defendants TaLang Fashion and xintachaoliu are directed to file a joint status report on the status of settlement by 5/19/2022, unless defendants TaLang Fashion and xintachaoliu settle and are dismissed before then.
日期04/21/2022
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STATUS Report per [111] by Nirvana, L.L.C.
日期04/07/2022
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for summary judgment against TaLang Fashion and xintachaoliu 86 is denied. The Seventh Circuit has "emphasize[d] the importance of allowing a party the opportunity to take meaningful discovery before granting summary judgment against her." Smith v. OSF Healthcare Sys., 933 F.3d 859, 866 (7th Cir. 2019). Under Federal Rule of Civil Procedure 56(d)(1), a court may deny a summary judgment motion "[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition." Here, no discovery has taken place and defendants TaLang Fashion and xintachaoliu have offered a declaration from Adam Engel 99 that these defendants cannot determine the validity of the trademarks at issue or what rights were assigned to plaintiff without discovery. Accordingly, plaintiff's motion for summary judgment is denied without prejudice because it is premature to grant summary judgment before TaLang Fashion and xintachaoliu have had the opportunity to take discovery. Plaintiff, TaLang Fashion, and xintachaoliu are directed to file a joint status report addressing how they intend to proceed by 4/21/2022.
日期03/04/2022
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal 108 is granted and plaintiff's motion for reconsideration 107 of order 105 is denied. "A party cannot use a motion for reconsideration to introduce evidence previously available, to tender new legal theories, or to rehash old arguments." Easypower Corp. v. Alden Corp., 522 F. Supp. 2d 1060, 1063 (N.D. Ill. 2007) (internal quotation marks omitted). Reconsideration is "only appropriate to correct manifest errors of law or to present newly discovered evidence." Id. (internal quotation marks omitted). The only arguably appropriate basis for reconsideration put forth in plaintiff's motion is the contention that the temporary restraining order against TaLang Fashion and xintachaoliu remained in effect despite the court's order extending the temporary restraining order only "until May 18, 2021." 29. Yet, as the court has already explained, the temporary restraining order expired on its own terms and was not in effect after May 18, 2021. 105 at 6-7. If a plaintiff believes it is appropriate or necessary to extend a temporary restraining order beyond the 28-day limit set forth in Federal Rule of Civil Procedure 65(b), see H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012), then plaintiff may request that the court do so. Plaintiff did not do so here, and the temporary restraining order therefore expired after 28 days. 105 at 6-7. The remainder of plaintiff's arguments are not properly raised in a reconsideration motion and, even if considered, are unpersuasive for the reasons set forth in the order 105.
日期03/03/2022
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SEALED EXHIBIT by Plaintiff Nirvana, L.L.C. Exhibit 1 to the Declaration of Justin R. Gaudio regarding MOTION by Plaintiff Nirvana, L.L.C. for reconsideration regarding order on motion for preliminary injunction, [105] [107]
日期03/03/2022
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MOTION by Plaintiff Nirvana, L.L.C. for leave to file under seal
日期03/03/2022
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MOTION by Plaintiff Nirvana, L.L.C. for reconsideration regarding order on motion for preliminary injunction, [105]
附件:
1:Exhibit 2
2:Declaration of Justin R. Gaudio
日期03/01/2022
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PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 3/1/2022:
日期03/01/2022
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ORDER Signed by the Honorable Martha M. Pacold on 3/1/2022: Plaintiff's motion for preliminary injunction against TaLang Fashion and xintachaoliu [31] is granted except with respect to the requested asset freeze.
日期01/20/2022
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter 102 is granted. Amdi Rouu terminated.
日期01/14/2022
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AMENDED exhibit[2] Amended Schedule A
日期01/14/2022
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MOTION by Plaintiff Nirvana, L.L.C.for Leave to Amend Schedule A to the Complaint Instanter
日期10/08/2021
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REPLY by Plaintiff Nirvana, L.L.C. in Support of Its Motion for Summary Judgment and a Statutory Damages Award as to Defendants TaLang Fashion and xintachaoliu 86
日期10/01/2021
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RULE 56 (b)(3) Statement by TaLang Fashion, xintachaoliu regarding motion for summary judgment 86
日期10/01/2021
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AFFIDAVIT by Defendants TaLang Fashion, xintachaoliu in Opposition to MOTION by Plaintiff Nirvana, L.L.C. for summary judgment and a Statutory Damages Award as to Defendants TaLang Fashion and Xintachaoliu 86
日期10/01/2021
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MEMORANDUM by TaLang Fashion, xintachaoliu in Opposition to motion for summary judgment 86
日期09/27/2021
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RESPONSE by TaLang Fashion, xintachaoliuin Opposition to MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction 31 setting forth argument based on Plaintiff's recent damages election
日期09/27/2021
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MINUTE entry before the Honorable Martha M. Pacold: The response by Defendants TaLang Fashion and xintachaoliu to plaintiff's summary judgment motion 86 was due 9/24/2021 92. Instead of filing a response, Defendants waited until the day the response was due to file a request 93 for an extension of time to file their response based on their intention to file a Rule 56(d) motion opposing the entry of summary judgment, a stay of summary judgment briefing pending resolution of Defendants' forthcoming Rule 56(d) motion, and an order setting an initial conference so discovery can proceed. Plaintiff filed an opposition to Defendants motion 94 on the basis that Defendants failed to point to any specific discovery that was necessary for the resolution of the pending summary judgment motion. Having reviewed these submissions, the court grants in part and denies in part Defendants' motion. Defendants have not pointed to any facts to support their requested extension of time to respond to the summary judgment motion, nor have they provided any basis to excuse their failure to seek an extension before the day their response was due. Nevertheless, Defendants are granted an extension to respond to Plaintiffs' summary judgment motion. Defendants' response is due by 10/1/2021. Defendants may base their response on Rule 56(d) if they believe that Plaintiff's motion cannot be resolved without discovery. Plaintiff's reply is due by 10/8/2021. If Defendants choose to file a separate Rule 56(d) motion, that motion is due by 10/8/2021; Plaintiff's opposition is due by 10/22/2021; and any reply is due by 10/29/2021. Before filing a separate Rule 56(d) motion, however, Defendants should seriously consider whether there is any value to doing so or if such a motion will merely be duplicative of their response to Plaintiff's summary judgment motion. Given the outstanding summary judgment motion and Defendants' stated intention to brief the issue of whether discovery is necessary, the Court finds that there is good cause to delay entering a scheduling order until these issues are resolved.
日期09/27/2021
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REPLY by Defendants TaLang Fashion, xintachaoliu to response in opposition to motion, 94, notice of filing 91, motion by filer to set a briefing schedule, motion for discovery, motion for extension of time to file response/reply, 93
日期09/26/2021
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RESPONSE by Nirvana, L.L.C.in Opposition to MOTION by Defendants TaLang Fashion, xintachaoliu to set a briefing schedule for Defendants' Rule 56(d) MotionMOTION by Defendants TaLang Fashion, xintachaoliu for discovery and Initial Conference so that discovery may proceedMOTION by Defendants TaLang Fashion, xintachaoliu for extension of time to file response/reply as to set motion and R&R deadlines/hearings[92], notice of filing[91] [93]
日期09/24/2021
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MOTION by Defendants TaLang Fashion, xintachaoliu to set a briefing schedule for Defendants' Rule 56(d) Motion, MOTION by Defendants TaLang Fashion, xintachaoliu for discovery and Initial Conference so that discovery may proceed, MOTION by Defendants TaLang Fashion, xintachaoliu for extension of time to file response/reply as to set motion and R&R deadlines/hearings[92], notice of filing[91]
日期09/13/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendants TaLang Fashion and xintachaoliu shall file their opposition to Plaintiff's motion for summary judgment 86 by 9/24/2021. Plaintiff's reply is due by 10/1/2021.
日期09/10/2021
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NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for summary judgment and a Statutory Damages Award as to Defendants TaLang Fashion and Xintachaoliu[86]
日期09/10/2021
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DECLARATION of Isaku M. Begert regarding Rule 56 statement[88]
附件:
1:Exhibit 3
2:Exhibit 2
3:Exhibit 1
日期09/10/2021
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DECLARATION of Allie Shapland regarding Rule 56 statement[88]
附件:
1:Exhibit 7
2:Exhibit 6
3:Exhibit 5
4:Exhibit 4
5:Exhibit 3
6:Exhibit 2
7:Exhibit 1
日期09/10/2021
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RULE 56.1(a)(3) Statement by Nirvana, L.L.C. regarding motion for summary judgment[86]
日期09/10/2021
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MEMORANDUM by Nirvana, L.L.C. in support of motion for summary judgment[86]
日期09/10/2021
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MOTION by Plaintiff Nirvana, L.L.C. for summary judgment and a Statutory Damages Award as to Defendants TaLang Fashion and Xintachaoliu
日期08/13/2021
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MINUTE entry before the Honorable Martha M. Pacold: The motion by defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) (collectively, the "non-defaulting defendants") to set aside entry of default 81 is denied as moot because the court has not entered default against the non-defaulting defendants. See 71 (explicitly excluding TaLang Fashion and xintachaoliu from the court's entry of default pursuant to Rule 55(a)). In light of the non-defaulting defendants' timely objection to the entry of default, plaintiff's motion for entry of default 55 is denied with respect to the non-defaulting defendants. In addition, plaintiff's motion for default judgment as to all defendants 68 is denied as moot because that motion incorrectly assumed that default had been entered against all defendants, including the non-defaulting defendants. As explained above, default has not been entered against TaLang Fashion or xintachaoliu. If plaintiff wishes to move for default judgment against the defaulting defendants even though claims remain pending against the non-defaulting defendants, Plaintiff must file a motion seeking entry of partial final judgment under Federal Rule of Civil Procedure 54(b). Any such motion must explain, citing precedent from this Circuit or the U.S. Supreme Court, why, in plaintiff's view, there is no just reason to delay entry of a final judgment in this case as to fewer than all claims or parties. Any such motion must account for the fact that "requests under Rule 54(b) are granted neither routinely nor as a matter of course." Architectural Floor Prods. Co. v. Don Brann & Assocs. Co., 551 F. Supp. 802, 807 (N.D. Ill. 1982). Moreover, any argument as to why relief is warranted under Rule 54(b) cannot conflict with plaintiff's pleading allegations. See Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A", No. 20-cv-05049 (N.D. Ill.) (Kness, J.), Dkt. 66 at 2 (denying partial final judgment under Rule 54(b) where Plaintiff's complaint alleged that "Defendants are an interrelated group of infringers working in active concert").
日期08/13/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendant Pudada at Line No. 151 is hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) 83 filed by Plaintiff on 8/13/2021. Pudada terminated.
日期08/13/2021
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NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendant
日期08/10/2021
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NOTICE by xintachaoliu re MOTION by Defendants TaLang Fashion, xintachaoliu to set aside memorandum in opposition to motion[79] [81], memorandum in opposition to motion[79]
日期08/10/2021
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MOTION by Defendants TaLang Fashion, xintachaoliu to set aside memorandum in opposition to motion[79]
日期08/10/2021
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ANSWER to Complaint by TaLang Fashion, xintachaoliu
日期08/10/2021
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MEMORANDUM by TaLang Fashion, xintachaoliu in Opposition to motion for default judgment[68] and in support of cross-motion to set aside entry of default
日期08/10/2021
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ATTORNEY Appearance for Defendant xintachaoliu by Douglas B. Harper and LOCAL COUNSEL DESIGNATION in compliance with LR83.15
日期08/10/2021
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ATTORNEY Appearance for Defendant TaLang Fashion by Douglas B. Harper and LOCAL COUNSEL DESIGNATION in compliance with LR83.15
日期08/03/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court construes the status report 75 filed by defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) as a motion for extension of time. So construed, the motion is granted. Defendants TaLang Fashion and xintachaoliu have until 8/10/2021 to answer the complaint, oppose entry of default and default judgment, and to designate local counsel. The court notes that it has already granted defendants numerous extensions of time, and is unlikely to grant any further requests for an extension absent strong cause.
日期08/02/2021
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STATUS Report re: timing to oppose default judgment and appoint local counsel by TaLang Fashion, xintachaoliu
日期07/23/2021
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NOTICE by Nirvana, L.L.C. re reply to response to motion 73
日期07/23/2021
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REPLY by Nirvana, L.L.C. to MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction 31
附件:
1:Exhibit 3
2:Exhibit 2
3:Exhibit 1
4:Declaration of Justin R. Gaudio
日期07/23/2021
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MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for entry of default judgment under Federal Rule of Civil Procedure 55(b)(2) 68 must file an appearance and file a written objection by 8/2/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.
日期07/23/2021
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MINUTE entry before the Honorable Martha M. Pacold: Apart from defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53), no defendant has appeared in this case. In addition, no defendant has answered the complaint or objected to Plaintiff's motion for entry of default under Federal Rule of Civil Procedure 55(a) 55. Accordingly, Plaintiff's motion for entry of default under Rule 55(a) 55 is granted with respect to all defendants apart from TaLang Fashion and xintachaoliu. TaLang Fashion and xintachaoliu must advise the court by 8/2/2021 whether they object to the motion for entry of default. As noted in the court's previous order 61, TaLang Fashion and xintachaoliu must also designate a local counsel by that date.
日期07/16/2021
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NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for default judgment as to all Defendants, Including a Request for an Award of Statutory Damages 68
日期07/16/2021
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MEMORANDUM by Nirvana, L.L.C. in support of motion for default judgment 68
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
日期07/16/2021
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MOTION by Plaintiff Nirvana, L.L.C. for default judgment as to all Defendants, Including a Request for an Award of Statutory Damages
日期07/16/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendants yuanmei123 at Line No. 60 and Chen Lin International Art Deco at Line No. 86 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) 66 filed by Plaintiff on 7/16/2021. Chen Lin International Art Deco and yuanmei123 terminated.
日期07/16/2021
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NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants
日期07/09/2021
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AFFIDAVIT by Defendants TaLang Fashion, xintachaoliu in Opposition to MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction 31
日期07/09/2021
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MEMORANDUM by TaLang Fashion, xintachaoliu in Opposition to motion for preliminary injunction 31
日期07/06/2021
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ORDER: Defendants zhangzhoushilongwenquhuituqiehejingyingbu at Line No. 67; YYue Toy store at Line No. 65; and Wei Qingxia at Line No. 177 are hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [62] filed by Plaintiff on 7/6/2021. Signed by the Honorable Martha M. Pacold on 7/6/2021: Mailed notice
日期07/06/2021
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NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants
日期07/01/2021
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to require compliance with Local Rule 83.15 is granted in part. Local Rule 83.15(a) requires that any nonresident attorney must designate "as local counsel a member of the bar of this Court having an office within this District upon whom service of papers may be made." Subsection (b) of that rule provides that, "Where a nonresident attorney tenders documents without the required designation of local counsel, the Clerk shall process them as if the designation were filed and shall promptly notify the attorney in writing that the designation must be made within 30 days. If the attorney fails to file the designation within that time, the documents filed by the attorney may be stricken by the court." Accordingly, the court will strike any documents filed by counsel for defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53), unless these defendants designate a local counsel pursuant to Local Rule 83.15 by 8/2/2021.
日期07/01/2021
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. Any defendant objecting to Plaintiff's motion for entry of default and default judgment 55 must enter an appearance and file a written objection by 7/15/2021. If no objections are filed, the court will consider the motion unopposed. Any defendants objecting to entry of default must seek and obtain an extension of time in which to respond to Plaintiff's complaint 1.
日期07/01/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendant RW43W1JKC7 at Line No. 9 is hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) 58 filed by Plaintiff on 7/1/2021. RW43W1JKC7 terminated.
日期07/01/2021
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NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendant
日期06/29/2021
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NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for entry of default against all Defendants[55]
日期06/29/2021
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MEMORANDUM by Nirvana, L.L.C. in support of motion for entry of default[55]
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
日期06/29/2021
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MOTION by Plaintiff Nirvana, L.L.C. for entry of default against all Defendants
日期06/29/2021
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NOTICE by Nirvana, L.L.C. re other[53]
日期06/29/2021
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Motion To Require Compliance With Local Rule 83.15 by Nirvana, L.L.C.
日期06/28/2021
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MINUTE entry before the Honorable Martha M. Pacold: The motion for extension of time [51] filed by Defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) is granted. Defendants TaLang Fashion and xintachaoliu shall file their opposition to Plaintiff's motion for preliminary injunction [31] by 7/9/2021. Plaintiff's reply is due by 7/23/2021.
日期06/25/2021
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MOTION by Defendants TaLang Fashion, xintachaoliu for extension of time to file response/reply as to motion for preliminary injunction 31, set motion and R&R deadlines/hearings, 47
日期06/25/2021
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ORDER: Defendant XH-KEJI at Line No. 45 and xiaofenyi at Line No. 48 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) 49 filed by Plaintiff on 6/25/2021. Signed by the Honorable Martha M. Pacold on 6/25/2021. Mailed notice
日期06/25/2021
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NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants
日期06/17/2021
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ORDER: Defendants shanghaishixuhuiuyingyingshipinjingyingbu at Line No. 13; SmartBase at Line no. 24; Wenyisign at Line No. 35; DICHQTET at Line No. 93; and Tios Artstore at Line No. 169 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) 46 filed by Plaintiff on 6/17/2021. Signed by the Honorable Martha M. Pacold on June 17, 2021. Mailed notice
日期06/17/2021
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MINUTE entry before the Honorable Martha M. Pacold: In accordance with the parties' joint status report 45, Defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) shall file their opposition to Plaintiff's motion for preliminary injunction 31 by 6/25/2021. Plaintiff to reply by 7/9/2021.
日期06/17/2021
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NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendants
日期06/14/2021
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STATUS Report re: briefing schedule for opposition to PI motion by TaLang Fashion, xintachaoliu
日期06/14/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendant wish dandelion at Line No. 36 is hereby dismissed with leave to reinstate within two hundred and seventy (270) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) 43 filed by Plaintiff on 6/11/2021.
日期06/11/2021
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NEW PARTIES: Qitianly, QuanShanheZiXunFuWuZhongXin, Quennall, Redbone, Rhiannon M Forrester, rijinwangluokeji, rongrongfanbuhua, RuiChengXianYuanKanBaiHuoDian, RW43W1JKC7, sczswdawd, shandonghuile, shandongjin zhijiaoyuzixunyouxiangongsi, shanghaishixuhuiuyingyingshipinjingyingbu, shenghewangdian, ShenZhenShiJingChenWuLiuYouXianGongSi, shenzhenshishuotucaijiancaiyouxiangongsi, ShiNanQuWeiSiKeYinPinDian, shz-art23, shzlsc, shzMSFun, shzzzw, SiyuStore, Sloth cabin, SmartBase, Smile sweater, songshangting, SRXA, SSOI, taizhouxintiandianzishangwuyouxiangongsi, TaLang Fashion, tendaus, ttTieDongQuXiaoShiDaiShuiGuoLaoDian, wangliliming, WeiFangGuYuShangWuFuWuZhongXin, Wenyisign, WLeeSea, WU from American, wu yongbianxvfsdfes, wuhuanposhangmao, wulunshiguanerdaihaishifuerdai, WW0FQKXB, xcfghdfhdr, Xchsd Best, XH-KEJI, xianci, xianshixinchengquniaoyuhuaxiangshangmaodian, xiaofenyi, xiaogangbaihuocheng, xiapuxianxiayaofuzhuangjingying, xingchengshihongdechengriyongbaihuoshangdian, XinRuiF, xintachaoliu, yanpingqupidiaobaihuodian, YCHCCS, YingY software, YINUOCICI-2, yixiuge3388, YouOneDay, yuanmei123, yuanpuwangluokeji, Yumman, yun nan hong dun xin xi ji shu you xian gong si, yuyanshangmaoyouxiangongsi, YYue Toy store, zhang-art, zhangzhoushilongwenquhuituqichejingyingbu, zhaohaikun, zhaoyuanshiqingcaibizhixiaoshoubu, zhengzhoujiuliangguanggaoyouxiangongsi, zhenhuanriyongbaihuojiancai, zhijianyouhuo us, ZK kitchen, 244-shengchengkejiyouxiangongsi, Azerbon, BaiQuanXianLiZiTuShuShangXing, BeiJingAnMingHongWuYeGuanLiYouXianGongSi, binhuaishangmao, Bloom-Mousse, Bo Pengtao, BVFSDF, bzzb, cai wencai's, CaiXuanYuanErQiDian, Celebrity girl, Chen Lin International Art Deco, chengduyuejianhongshangmaoyouxiangongsi, CHOUHUIHUI, Chun Ming Li, CLEARNICES, cwling00, dgfhcvbc, DICHQTET, Dida Technology, Douyinhuliacy, Dunrangas, Eliquxiang, Euphuizeasking, fengcaimaoyi, Fire Poster, FuZhouShiCangShanQuShiDaiJiaJuShangHang, ganpo(xiamen)jianzhugongchengyouxiangongsi, gaotangxianliandabaihuolingshoudian, GOUGESS, gshanhuagongkejiyou, GSsenxu, guangzhoucaichengmaoyiyouxiangongsi, guangzhoufashuowangluokejiyouxiangongsi, GWULONG, hangzhoulin, hengchangjiandianzi, HirrWill, HJC280036, hongfengus, HuangwuStore, huarenjie, HYH7100628, HYY634522, HYY70064803, HZH7108226, ilianshuixianyajixiaochidian, James C Ensign, Jarovise, JiaoZhouShiNanBeiLaiYinXiangShuDian, jiaozuoshizhongzhanquyiguangluzheerzhajidianshop, Jingucixilon, JiRuixue, JiShuChanYeKaiFaQuXuRiTongXunYingYeTing, KeDong, KINGAM, KINGSMG, leijinbaozhuangcailiao, LEOJIM21, lichengqudiaobaihuodian, LINGCHENART, Lingshan Business, LINSDHE, longjia917024, LOVEFC8, LPQ20197976, LXG643215, Meet-B, MinRuiRui, Mr. Super's shop, MXQ710082, Ningqing Sports, NSGNTB, Painted Art Club, PANCJMAKA, Poeiruo, Pudada, qierkamanjixiepeijian, qinghaidingzhen, qiulijiancaibu, ranyuemaoyi, RRDHNRTGHF Online, Scarboroughcame, shalushangmaoshanghang, shangshihua1, ShanXiJinTongLiDianZiKeJiYouXianGongSi, shanxixinjietiankejiyouxiangongsi, Shenzhen Yijiaren, ShenZhenShiChenYiShunKeJiYouXianGongSi, shuozhoushikaifaquguoruibaihuodian, shzronin, Sichuan Asier Trading Co., LTD, soukashangmaoshanghang, tianyangmaoyi, Tios Artstore, TLNPU, Tongzhilian, TZDQOAS, UYT58FDSHYWUIR, vxcsadfas, wang qiang shop, Wedany, Wei Qingxia, WeiFangFangJianDianZiYouXianGongSi, WLG108622, WSJ641008, WXM203942, xenixra, XuChangJingJiJiShuKaiFaQuZhongLianBangDianNao, XuZhouShuangShengShangMaoYouXianGongSi, xxhhttgg, XXK702301, Yibo engineering hoisting, YOLEMONmax, YOUR COLORFUL CITY, Yunxiangshang, zaixianxiao, zhong anqing's, fujiandapingwangluokejiyouxiangongsi, Violet Evergarden, 1tongshanxiannazhanbaihuodian, An old street with fireworks, Dani-House, Dibe guu, Fengyandexiaoshangdian, flying man, hongxinwujinzhipinjingyingbu, Lgfder, Lin Amei, xiheng maoyi, Amdi Rouu, AYBNH, Baofeng Electronic Office, CAI HAN LIANG, chen1224 and Convenies added to case caption.
日期06/11/2021
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NOTICE of Voluntary Dismissal by Nirvana, L.L.C. as to certain defendant
日期06/09/2021
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ORDER : The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 6/9/2021. Mailed notice
日期06/09/2021
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PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 6/9/2021:
日期06/09/2021
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MINUTE entry before the Honorable Martha M. Pacold: Defendants TaLang Fashion (No. 30) and xintachaoliu (No. 53) have indicated that they may object to the motion for a preliminary injunction and have requested an extension of time in which to do so. See [36], [39]. That request is granted. As to defendants TaLang Fashion and xintachaoliu, the motion for a preliminary injunction [31] is continued. As proposed in the status report [39], the parties are directed to file another status report by 6/14/2021 explaining how they plan to proceed. As to all other defendants except for defendants TaLang Fashion and xintachaoliu: No other defendant filed an objection to the motion for preliminary injunction. Thus, the motion for preliminary injunction [31] is granted as to all defendants except for defendants TaLang Fashion and xintachaoliu. As to all defendants except for defendants TaLang Fashion and xintachaoliu, a preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.
日期06/08/2021
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STATUS Report by The Partnerships and Unincorporated Associations Identified on Schedule "A"
日期06/04/2021
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MINUTE entry before the Honorable Martha M. Pacold: The joint proposed briefing schedule described in this court's 5/25/2021 minute entry 37, along with the names of defense counsel's two clients, is due by 6/8/2021.
日期05/25/2021
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MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the motion by counsel for certain defendants for an extension of time 36. Plaintiff and counsel for defendants are directed to confer and submit a joint proposed briefing schedule to this court's Proposed Order Inbox in accordance with the court's motion procedures. The joint motion must identify which two defendants defense counsel is representing.
日期05/24/2021
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MOTION by Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" for extension of time
日期05/24/2021
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ATTORNEY Appearance for Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" by Adam Edward Engel
日期05/14/2021
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve all defendants with this notice. The court has taken the motion for preliminary injunction 31 under advisement and will consider the motion unopposed if no defendant appears and objects by 5/24/2021.
日期05/13/2021
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NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction [31]
日期05/13/2021
翻译
MEMORANDUM by Nirvana, L.L.C. in support of motion for preliminary injunction[31]
附件:
1:Declaration of Justin R. Gaudio
2:Exhibit 1
日期05/13/2021
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MOTION by Plaintiff Nirvana, L.L.C. for preliminary injunction
日期05/11/2021
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SUMMONS Returned Executed by Nirvana, L.L.C. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/11/2021, answer due 6/1/2021.
附件:
1:Declaration of Isaku Begert
日期05/10/2021
翻译
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"
日期04/30/2021
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EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/30/2021:
日期04/30/2021
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MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order until 5/18/2021 25 is granted.
日期04/29/2021
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NOTICE by Nirvana, L.L.C. re MOTION by Plaintiff Nirvana, L.L.C. for extension of time of Temporary Restraining Order[25]
日期04/29/2021
翻译
MEMORANDUM by Nirvana, L.L.C. in support of extension of time[25]
附件:
1:Declaration of Justin R. Gaudio
日期04/29/2021
翻译
MOTION by Plaintiff Nirvana, L.L.C. for extension of time of Temporary Restraining Order
日期