案件进度
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日期05/07/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has moved to strike Defendants Amolela and Highven's affirmative defenses. The motion 297 is granted in part. First, failure to state a claim is not an affirmative defense. Dace v. Chicago Pub. Sch., 2020 WL 1861671, at *3 (N.D. Ill. Mar. 18, 2020). That is because it does not "limit or excuse Defendant's 'liability even if the plaintiff[s] establish a prima facie case.'" Id. This defense is stricken. The second affirmative defense is scenes-a-faire. Defendants allege that Plaintiff's works "contain standard elements for Halloween decorations and accessories," and that it cannot claim copyright protection over generic and basic elements. The third affirmative defense is a first sale doctrine defense under 17 U.S.C. § 109. This defense states only that "on information and belief, Defendants procured the accused products from wholesalers authorized by Plaintiff." [Dkt. 285 at 18, 3.] These perfunctory statements are nothing more than bare bones conclusory allegations that do not identify any factual basis for the defenses. It is well settled that an affirmative defense must be more than a conclusory restatement of the defense. Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1295 (7th Cir. 1989). The second and third defenses are stricken. Last is failure to mitigate. The duty to mitigate "imposes a duty on the injured party to exercise reasonable diligence and ordinary care in attempting to minimize his damages after injury has been inflicted." Karahodzic v. JBS Carriers, Inc., 881 F.3d 1009, 1017 (7th Cir. 2018). The lack of mitigation is an affirmative defense. Gaffney v. Riverboat Services of Indiana, Inc., 451 F.2d 424, 460 (7th Cir. 2006). Courts have "generally held that where discovery has barely begun, the failure to mitigate defense is sufficiently pled without additional facts." AAR Int'l, Inc. v. Vacances Heliades S.A., 202 F. Supp. 2d 788, 800 (N.D. Ill. 2002) (cleaned up). This affirmative defense may stand. If Defendants elect to re-plead the second or third affirmative defenses they must do so by May 19, 2025. The Court takes note of the incivility and arguably inflammatory language that appears in Defendants' amended complaint. References to Plaintiff as opportunistic, a copyright troll, extortionate, or anything similar have no place in papers filed with the Court. This falls comfortably outside the bounds of acceptable advocacy. It will not be tolerated in future filings. Mailed notice.
日期05/07/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff has moved to strike Defendants Amolela and Highven's abuse of process and tortious interference with business relationship counterclaims. The motion 296 is granted. To state a claim for abuse of process under Illinois law, Defendant must allege an ulterior purpose and an act in the use of legal process not proper in the regular prosecution of the proceedings. Pace v. Timmerman's Ranch & Saddle Shop Inc., 795 F.3d 748, 757 (7th Cir. 2015) To satisfy this requirement, a plaintiff must plead facts that "show that the process was used to accomplish some result that is beyond the purview of the process." Id. The abuse of process counterclaim as pled does not satisfy these requirements. The allegations state only that Plaintiff has filed over 25 intellectual property lawsuits over the past two years, "trying to extort 'ransom' from market participants who must choose between the cost of settlement and the costs and risks of litigation," and that Plaintiff brought this action without reasonable factual inquiry and without any evidence to support its ex parte temporary restraining order and preliminary injunction. [Dkt. 285 at 20, 3, 4.] These allegations are insufficient on their face to satisfy the pleading requirements of an abuse of process claim. As for the second counterclaim, the elements of a tortious interference with a prospective business relationship claim under Illinois law are: (1) a reasonable expectancy of entering into a valid business relationship, (2) the defendant's knowledge of the expectancy, (3) an intentional and unjustified interference by the defendant that induced or caused a breach or termination of the expectancy, and (4) damage to the plaintiff resulting from the defendant's interference. Anderson v. Vanden Dorpel, 667 N.E.2d 1296, 1299 (Ill. 1996). Defendants allege that Plaintiff "filed this frivolous copyright claim to obtain disruptive injunctions forcing them to pay an excessive settlement sum at early stage or risk losing business opportunities." They also allege that "instead of resolving any disputes between parties locally in a more efficient and economical way, Plaintiff [] pursued a lawsuit against its local competitors in the United States with a clear intent to interfere with Defendants [] ability to profit from agreements that they had entered into with third parties or to sell products through their Amazon stores." [Dkt. 285 at 21, 7, 10.] These allegations also won't do. They do not touch upon the facts required for an interference claim, at the very least because there are no facts from which it could be reasonably inferred that Plaintiff engaged in an intentional and unjustified interference that prevented a legitimate expectancy from ripening into a valid business relationship. Given the Seventh Circuit's guidance regarding leave to amend, the Court permits Defendants one opportunity to amend if they believe they can do so consistent with their Rule 11 obligations and this order. Runnion ex rel. Runnion v. Girl Scouts of Greater Chicago & Nw. Indiana, 786 F.3d 510, 518 (7th Cir. 2015). Any amended answer for the purpose of amending the counterclaims is due by May 19, 2025. Mailed notice.
日期05/06/2025
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REPLY by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to motion to dismiss[296] DEFENDANTS HIGHVEN AND AMOLELA COUNTERCLAIMS
日期05/06/2025
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REPLY by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to motion to strike, [297] DEFENDANTS HIGHVEN AND AMOLELA AFFIRMATIVE DEFENSES
日期05/05/2025
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SATISFACTION OF JUDGMENT AS TO DEF. (182) QUPENGXU by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期04/29/2025
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RESPONSE by Amolela, Highvenin Opposition to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to dismiss Defendants' Amolela and Highven's Counterclaims (DE 285) [296]
日期04/29/2025
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RESPONSE by Amolela, Highvenin Opposition to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to strike amended answer to complaint, counterclaim, [285] TO STRIKE DEFENDANTS' AMOLELA AND HIGHVEN AFFIRMATIVE DEFENSES [297]
日期04/25/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEFENDANTS (No. 29) Bustling Xin AKA Vaguelly, (No. 41) Chillyoo, (No. 183) Rareglobal
日期04/15/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Amolela and Highven's response to the motion to strike its counterclaims and affirmative defenses [297] is due by April 29, 2025. Any reply is due by May 6, 2025. Mailed notice.
日期04/14/2025
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MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to strike amended answer to complaint, counterclaim, [285] TO STRIKE DEFENDANTS' AMOLELA AND HIGHVEN AFFIRMATIVE DEFENSES
日期04/14/2025
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MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to dismiss Defendants' Amolela and Highven's Counterclaims (DE 285)
日期04/02/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: In light of Plaintiff's opposition, counsel for Defendant Mguotp has filed an updated notification form for party contact information. The motion by Attorney Jianyin Liu to withdraw as attorney for Mguotp [282] [283] is granted. The Clerk shall update the contact information for Defendant Mguotp to reflect the following: Zhiwei Qiu, Building D, Zhongke Neng Building, Yuexing 6th Road, Yuehai Street, Nanshan District, Shenzhen, Guangdong Province, China. Telephone: +86 13724380484 and email: zhaojial94@126.com. The parties had previously indicated a settlement [see docket entry 226] but to the extent settlement is no longer viable, Mguotp remains subject to the following schedule: Rule 26(a)(1) disclosures are due by April 14, 2025; written discovery may issue beginning on April 24, 2025. Any amendments to the pleadings are due by May 26, 2025. All fact discovery shall be noticed in time for completion by October 15, 2025. Mailed notice.
日期04/01/2025
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NOTICE by Mguotp re MOTION by Attorney Jianyin Liu to withdraw as attorney for Mguotp. New address information: Building D, Zhongke Neng Building, Yuexing 6th Road, Yuehai Street, Nanshan District, Shenzhen, China [283], MOTION by Attorney Jianyin Liu to withdraw as attorney for Mguotp. New address information: Building D, Zhongke Neng Building, Yuexing 6th Road, Yuehai Street, Nanshan District, Shenzhen, China [282]
日期04/01/2025
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PLAINTIFFS OPPOSITION TO ATTORNEY JIANYIN LIU, ESQ.S AMENDED MOTION TO WITHDRAW AS ATTORNEY [D.E. 283] by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期03/26/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation (No. 39) Chen Ming - Jewelry
日期03/26/2025
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Order on Motion to Dismiss/Lack of Jurisdiction
日期03/26/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to dismiss as to Defendants Lvtian and Rareglobal was due on March 25, 2025 but nothing was filed. Plaintiff has until March 27, 2025 to file a response, otherwise the Court will dismiss these Defendants from the case without prejudice for lack of jurisdiction. Mailed notice.
日期03/25/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEFENDANTS (No. 52) Daihus Shop, (No.105) HuizhuangUS, (No. 203) shumengshop, (No. 205) SHUYiUS, (No. 207) sishuiwangweishangmao, (No. 225) TIANYU Home Furnishing, (No. 240) WEIXINUS, and (No. 272) zhaotongshangmao
日期03/25/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The Court imposes the following fact discovery schedule as proposed by Plaintiff and Defendants Amolela (no. 6) and Yiwu Chaohua Xixiu Network Technology Co., Ltd., d/b/a Highven (no.99). Rule 26(a)(1) disclosures are due by April 14, 2025; written discovery may issue beginning on April 24, 2025. Any amendments to the pleadings are due by May 26, 2025. All fact discovery shall be noticed in time for completion by October 15, 2025. As with the order at docket entry [194], all the parties shall contribute to a joint status report as to the progress of fact discovery by October 1, 2025. Mailed notice.
日期03/24/2025
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PLAINTIFFS NOTICE OF SETTLEMENT WITH DEFENDANT (No. 183) Rareglobal AND MOOTED MOTION [D.E. 274] AS TO DEFENDANTS No. 183 Rareglobal and No. 148 Lvtian by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期03/24/2025
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AGREED FACT DISCOVERY SCHEDULE by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期03/24/2025
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AMENDED Answer by Amolela, Highven to answer to complaint, counterclaim[279], COUNTERCLAIM filed by Amolela, Highven against Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation (Unopposed).
日期03/20/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: A proposed fact discovery schedule from Plaintiff and any Defendants who filed an answer or who have appeared through counsel and requested additional time to answer was due by March 19, 2025. [See [271]]. Nothing was filed. A proposed fact discovery schedule is due by March 24, 2025, or the Court will set a fact discovery deadline. The submission should also update the Court on the status of Defendant Mguotp, whose counsel seeks to withdraw. Mailed notice.
日期03/19/2025
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MOTION by Attorney Jianyin Liu to withdraw as attorney for Mguotp. New address information: Building D, Zhongke Neng Building, Yuexing 6th Road, Yuehai Street, Nanshan District, Shenzhen, China
附件:
1:Exhibit A-Pro Se Contact Info
日期03/18/2025
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MOTION by Attorney Jianyin Liu to withdraw as attorney for Mguotp. New address information: Building D, Zhongke Neng Building, Yuexing 6th Road, Yuehai Street, Nanshan District, Shenzhen, China
附件:
1:Exhibit Pro Se Contact Form
日期03/17/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEFENDANTS (No.91) Haolei, (No.110) INENIMARTJ DIRECT, and (No. 219) tbna
日期03/14/2025
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NOTICE by Lvtian of withdrawal of motion
日期03/14/2025
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ANSWER to Complaint with Jury Demand, AFFIRMATIVE DEFENSES, and COUNTERCLAIM filed by Amolela, Highven against All Plaintiffs. by Amolela, Highven
日期03/12/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for reconsideration [233] is partly granted and partly denied. The Court does not need any sur-reply. On February 12, 2025, the Court modified that asset restraint as to Defendants Amolela and Highven to $5,000 after explaining that the originally frozen amounts appeared to be disproportionate to the allegedly infringing activity. [See [230] ("These Defendants object to the scope of the asset freeze, arguing that approximately $35,000 in frozen assets as to Defendant Amolela and $85,000 as to Defendant Highven is unreasonable in light of profits from the alleged infringement that do not exceed $40 in the case of Amolela and $2,900 in the case of Highven")]. On reconsideration, Plaintiff argues that Court should set the asset restraint at the amount of funds present in Defendants' respective bank accounts as of February 12, 2025. In support, Plaintiff points to contradictory sales and revenue figures about Defendants' Amazon sales: specifically, that Amolela sold $217 worth of products (not $40) and Defendant Highven sold $22,200 worth of products (not $2,900). Plaintiff supports the new sales numbers from Amazon through declarations, and its reply brief includes some records received from Amazon. For their part, Defendants argue that, at most, the asset restraint should only be adjusted to reflect the newly summarized revenue amounts and not their account balances which are used to allow Defendants to operate and run their business. The Court agrees. The asset restraint as to Defendants Amolela and Highven are each modified to $22,000 apiece. This amount is still considerably lower that the amounts originally frozen and strikes a better balance of the necessary considerations given the showing Plaintiff has been made. Defendants' Amolela and Highven answer remains due by March 14, 2025. Mailed notice.
日期03/11/2025
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REPLY by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to response to motion, [262]
附件:
1:Declaration
日期03/11/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to dismiss [274] is due by March 25, 2025 and Defendant Lvtian and Raregobal's reply is due by April 8, 2025. Mailed notice.
日期03/10/2025
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ANSWER to Complaint by Bangming, Bella & Jojo, Bustling Xin, Carter Zhang, Chillyoo, DORTELLA, Florideco Jewelry, Hifot US, JOYID, MOMING STORE, PUYA, Sinsatie, Xiangzhe2206, Yanluu
日期03/10/2025
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MOTION by Defendants Lvtian, Raregobal to dismiss for lack of jurisdiction
日期03/07/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: By oversight, the Court denied the motion for reconsideration at docket entry [233] as moot but should not have done so. The Court regrets the error. Defendants Amolela and Highven have filed their reply to the motion at docket entry [262]. By email correspondence, the Court has confirmed that Plaintiff wishes to reply to the motion to reconsider, so Plaintiff may file any reply by March 11, 2025. The Court will rule by cm/ecf. Mailed notice.
日期03/05/2025
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SATISFACTION OF JUDGMENT AS TO DEF. (114) JbingGG by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期03/03/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Several Defendants in the case have answered or are scheduled to file an answer in the coming weeks. Plaintiff shall take the lead on proposing an agreed fact discovery schedule with all remaining Defendants and the parties are to confer on the subject and file an agreed fact discovery schedule by March 19, 2025. Mailed notice.
日期03/03/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Amolela (No.6), and Highven (No. 99)'s motion for extension for time [268] is granted. The motion to dismiss [184] is denied as moot. These Defendants' answer is now due by March 14, 2025. Mailed notice.
日期03/03/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Based on the docket entry at [267], the motion for reconsideration [233] is denied as moot and the briefing schedule set for that motion is stricken. Mailed notice.
日期03/03/2025
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MOTION by Defendants Amolela, Highven to withdraw motion to dismiss/lack of jurisdiction[184], memorandum in support of motion[185] and to Extend Answer Deadline (Unopposed)
日期02/28/2025
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PLAINTIFFS NOTICE OF SETTLEMENT WITH DEFENDANTS (No. 39) Chen Ming - Jewelry, (No. 91) Haolei, (No. 110) INENIMARTJ DIRECT, and (No. 219) tbna, AND NOTICE OF MOOTED MOTION [D.E. 231, 232] by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期02/28/2025
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PLAINTIFFS NOTICE OF SETTLEMENT WITH DEFENDANT Mguotp (Def. No. 153) by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期02/27/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: As to Defendant Haolei (No. 91), INENIMARTJ DIRECT (No. 110), Plaintiff did not file any brief opposing the motion to modify the asset restraint by February 26, 2025 (see docket [234]) so the Court assumes that the parties reached an agreement as to the asset modification, so the Court takes no further action on these Defendants' motion [231] to modify. Mailed notice.
日期02/26/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEFENDANTS (No.46) Chun Xuan, (No.163) MyBosreroy, (NO. 181) Qumao Commerce Co., Ltd, and (No.242) weloveushop
日期02/26/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: To clarify the deadlines, Defendant Amolela, Highven's reply to the motion to dismiss at docket entry [184] is due by March 4, 2025 and Plaintiff's reply to the motion for reconsideration [233] is also due by March 4, 2025. Mailed notice.
日期02/25/2025
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RESPONSE by Amolela, Highven to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for reconsideration regarding order on motion to amend/correct, text entry, [230] [233]
日期02/24/2025
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RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporationin Opposition to MOTION by Defendants Highven, Amolela to dismiss for lack of jurisdiction Rule 12(b)(2) [184]
附件:
1:Exhibit One: Declaration of L. Pittaway
2:Exhibit Two: Evidence
日期02/24/2025
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ORDER written by the Honorable Lindsay C. Jenkins on 2/24/2025. Mailed notice.
日期02/24/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The motion by Defendants CHENGBEI, DAYKABENGSY, Hefengxianx- ianghuixinwujinyouxiangongsi, JIAJUGUIFU, JIANYAXUAN, ligtyer, Lusbees, MENGSHI, MMyuds, taoshengyuanshangyemaoyiyouxiangongsi, WUGOCa, xingfengshangm-aoyouxiangongsi, Yeahkoty, ZHENXI, zhongdengwen, zhuyuanyurunfushi, ZKWLXS, zzaqy, ABALAX (f.k.a. BALAX), Asjcj, and babyHUIH [142] is granted. These Defendants are dismissed for lack of jurisdiction. The clerk shall terminate these Defendants from the case. The dismissal is without prejudice so Plaintiff may refile its claims against the dismissed Defendants should facts sufficient to confer jurisdiction come to light. Mailed notice.
日期02/21/2025
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REPLY by ABALAX, Asjcj, CHENGBEI, DAYKABENGSY, JIAJUGUIFU, JIANYAXUAN, Lusbees, MENGSHI, MMyuds, WUGOCa, Yeahkoty, ZHENXI, ZKWLXS, babyHUIH, hefengxianxianghuixinwujinyouxiangongsi, ligtyer, taoshengyuanshangyemaoyiyouxiangongsi, xingfengshangmaoyouxiangongsi, zhongdengwen, zhuyuanyurunfushi, zzaqy to MOTION by Defendants CHENGBEI, DAYKABENGSY, hefengxianxianghuixinwujinyouxiangongsi, JIAJUGUIFU, JIANYAXUAN, ligtyer, Lusbees, MENGSHI, MMyuds, taoshengyuanshangyemaoyiyouxiangongsi, WUGOCa, xingfengshangmaoyouxiangongsi, Yeahkoty, ZHENXI, zhongdengwen,[142], response in opposition to motion, [236] to dismiss
附件:
1:Exhibit Amazon Screenshots
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by WUGOCa
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by taoshengyuanshangyemaoyiyouxiangongsi
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MMyuds
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MENGSHI
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lusbees
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ligtyer
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by JIANYAXUAN
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by JIAJUGUIFU
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by hefengxianxianghuixinwujinyouxiangongsi
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DAYKABENGSY
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by zzaqy
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ZKWLXS
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by zhuyuanyurunfushi
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by zhongdengwen
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ZHENXI
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yeahkoty
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by xingfengshangmaoyouxiangongsi
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CHENGBEI
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by babyHUIH
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Asjcj
日期02/21/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ABALAX
日期02/18/2025
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RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporationin Opposition to MOTION by Defendants CHENGBEI, DAYKABENGSY, hefengxianxianghuixinwujinyouxiangongsi, JIAJUGUIFU, JIANYAXUAN, ligtyer, Lusbees, MENGSHI, MMyuds, taoshengyuanshangyemaoyiyouxiangongsi, WUGOCa, xingfengshangmaoyouxiangongsi, Yeahkoty, ZHENXI, zhongdengwen,[142]
附件:
1:Exhibit One: Declaration of L. Pittaway
日期02/18/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The Court stays execution of its Order dated February 12, 2025 modifying the asset restrain [see [230]]. Plaintiff has filed a motion for reconsideration alleging that evidence from Amazon contradicts Defendants' sales and revenue representations, so the Court prefers to take a closer look. Defendants Amolela and Highven may file their response to the motion for reconsideration by February 25, 2025 and Plaintiff's reply is due by March 4, 2025. Mailed notice.
日期02/18/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff shall confer with counsel for Defendants INENIMARTJ DIRECT and Haolei about a modified, agreed asset restraint. If the parties cannot reach an agreement, Plaintiff has until February 26, 2025 to respond to the motion and the Court will select the appropriate modification based on the parties' briefs and similar modifications to restraints already made in this case as to other Defendants. Mailed notice.
日期02/17/2025
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MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for reconsideration regarding order on motion to amend/correct, text entry, [230]
附件:
1:Exhibit One: Declaration of L. Pittaway
日期02/14/2025
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EXHIBIT by Defendants Haolei, INENIMARTJ DIRECT to correct version of Exhibits regarding other[231]
附件:
1:Exhibit
日期02/14/2025
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日期02/12/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to modify the asset restraint as to Defendants Amolela and Highven [195] is granted in part. These Defendants object to the scope of the asset freeze, arguing that approximately $35,000 in frozen assets as to Defendant Amolela and $85,000 as to Defendant Highven is unreasonable in light of profits from the alleged infringement that do not exceed $40 in the case of Amolela and $2,900 in the case of Highven. Plaintiff responds that the motion is untimely, that it would suffer irreparable harm by reducing the restraint, and that Defendants' submissions as to sales figures are not reliable. Plaintiff is correct that Defendants' submission includes disorganized exhibits that are difficult to follow. But ultimately, the Court concludes that the freeze appears to be disproportionate to the allegedly infringing activity, and some reduction is warranted. The Court will set the asset restraint at $5,000. Plaintiff must submit a revised proposed preliminary injunction order on or before February 14, 2025. Mailed notice.
日期02/11/2025
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RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporationin Opposition to MOTION by Defendants Highven, Amolela to amend/correct Asset Restraint [195]
日期02/11/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for jurisdictional discovery [220] and to stay briefing is largely denied. Plaintiff sought its first extension of time in January 2025 [see [206]], which the Court granted, and then it waited until the date its response brief was due (yesterday) to request a stay and time for the parties to conduct jurisdictional discovery. But generally, a plaintiff must be able to establish a colorable or prima facie showing of personal jurisdiction before discovery should be permitted. See In re Sheehan, 48 F.4th 513, 526 (7th Cir. 2022) (cleaned up); HAMANN GmbH v. The Individuals, 21-cv-3591, Dkt. 53 ("The Court finds the sum of these presentations sufficient to establish a prima facie showing of personal jurisdiction. Therefore, limited jurisdictional discovery is warranted.") Plaintiff's response to the motion to dismiss, which was due by February 10, 2025 is now due by February 18, 2025. The moving Defendants' reply is now due by February 21, 2025. Mailed notice.
日期02/11/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Certain Defendants' opposed, fifth motion for extension of time [222] is granted, but there will be no further extensions. The moving Defendants' answers are due no later than March 10, 2025. Mailed notice.
日期02/11/2025
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Agreed asset restraining ORDER Signed by the Honorable Lindsay C. Jenkins on 2/11/2025. Mailed notice.
日期02/11/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: As between Plaintiff and Defendants Hifot, PUYA an Yanluu, the Court enters the agreed modified asset restraint. Defendants' motion [179] is denied as moot. Enter separate order. Mailed notice.
日期02/11/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEF. (No. 256) YangQian Company
日期02/11/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEF. (No. 264) yfstyle
日期02/10/2025
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MOTION by Defendants Bustling Xin, Carter Zhang, Chillyoo, Daihus Shop, DORTELLA, Florideco Jewelry, Hifot US, HuizhuangUS, JOYID, Lvtian, MOMING STORE, PUYA, Raregobal, shumengshop, SHUYiUS, Sinsatie, sishuiwangweishangmao, TIANYU Home Furnishing, uenrisot, WEIXINUS, Xiangzhe2206, Yanluu, zhaotongshangmao, Bangming, Bella & Jojo for extension of time
日期02/10/2025
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MEMORANDUM by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation in support of motion for discovery[220]
日期02/10/2025
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MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for discovery Plaintiff's Opposed Motion for Jurisdictional Discovery and to Stay Briefing and Decision on D.E. 142
日期02/10/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Attorney Christopher Keleher's motion to withdraw [218] is granted. Attorney Christopher Keleher is no longer assigned counsel on behalf of Defendants 115 Janbons and 125 Joesony. The clerk shall update the contact information for Defendants 115 Janbons and 125 Joesony as follows: Cheng Zhao using email address sailinjianshe@outlook.com. These Defendants' responsive pleadings remain due by February 17, 2025. Mailed notice.
日期02/07/2025
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MOTION by Attorney Christopher Keleher to withdraw as attorney for Janbons, Joesony. New address information: Cheng ZhaoRoom 507, Building B, Rongcheng Garden, Fushou Middle Road, Shaowu City, Nanping District, Fujian Province, China 354000
附件:
1:(Exhibit Notification Form)
日期02/07/2025
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FULL SATISFACTION of Judgment regarding entered judgment 121 AS TO DEF. (113) Jannisa, DEF. (198) Shecina US Store, and (230) US-Hanmin
日期02/06/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time 215 is granted. Plaintiff's response to the motion to dismiss at docket 184 is now due by February 26, 2025 and its response to the motion to modify at docket entry 195 is due by February 11, 2025. Mailed notice.
日期02/05/2025
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MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for extension of time to file response/reply as to motion to amend/correct 195, motion to dismiss/lack of jurisdiction 184
日期02/04/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation of Def No. 165 Nanafast Fashion Store
日期02/03/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The Court does not agree that a stay or additional discovery is needed for Plaintiff and Defendants Hifot US, PUYA, and Yanluu to come to a reasonable agreement on an asset restraint modification, particularly in light of the Court's prior modifications in this very case. Counsel for Defendants Hifot US, PUYA, and Yanluu shall confer with Plaintiff about a modified, agreed asset restraint by February 6, 2025. If the parties cannot reach an agreement, then by February 7, 2025, they are to jointly file a single statement that sets out their respective positions on the appropriate modification amount in a submission that does not exceed a total of 5 pages. The Court will select the appropriate modification based on the parties' briefs and similar modifications to restraints already made in this case as to other Defendants. The motion to stay 211 is denied. Mailed notice.
日期02/03/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has notified the Court that it has reached a settlement with Defendant No. 256, YangQian Company. The motion to modify by Defendant YangQian Company 197 is denied as moot and the discovery schedule as to this Defendant only is stricken. A stipulation of dismissal as to this Defendant is due by March 3, 2025. Mailed notice.
日期01/31/2025
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MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for discovery, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to stay regarding MOTION by Defendants Hifot US, PUYA, Yanluu to Modify Asset Restraint [Dkt. 36] 179 Briefing, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for extension of time to file response/reply as to motion for miscellaneous relief 179
日期01/31/2025
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PLAINTIFFS NOTICE OF SETTLEMENT WITH DEFENDANT YangQian Company (Def. No. 256) AND MOOTED MOTION by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期01/31/2025
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ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation by Sandra Cristina Perez-blackmar
日期01/29/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEFENDANTS (No.119) JJzxwish, (No.140) LLPMutu, and (No.144) Lucleag
日期01/28/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The unopposed motion by certain Defendants for an extension of time 202 is granted. These Defendants' responsive pleading is now due by February 10, 2025. Mailed notice.
日期01/28/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time 201 is granted, which relates to the motion to dismiss filed at docket entry 142. Plaintiff's response to the motion to dismiss is now due by February 10, 2025 and the moving Defendants' reply is due by February 18, 2025. Mailed notice.
日期01/28/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff shall confer with counsel for Defendant YangQian Company about a modified, agreed asset restraint as discussed in 197. If the parties cannot reach an agreement, Plaintiff has until February 6, 2025 to respond to the motion and the Court will select the appropriate modification based on the parties' briefs and similar modifications to restraints already made in this case as to other Defendants. Mailed notice.
日期01/28/2025
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REVISED PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 1/28/2025. Mailed notice.
日期01/28/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins:Pursuant to the Court's Orders dated January 22, 2025 (see docket entries 188 and 189) the preliminary injunction order at docket entry 36 is modified consistent with the separately issued order. Mailed notice.
日期01/27/2025
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MOTION by Defendants Bustling Xin, Carter Zhang, Chillyoo, Daihus Shop, DORTELLA, Florideco Jewelry, Hifot US, HuizhuangUS, JOYID, Lvtian, MOMING STORE, PUYA, Raregobal, shumengshop, SHUYiUS, Sinsatie, sishuiwangweishangmao, TIANYU Home Furnishing, uenrisot, WEIXINUS, Xiangzhe2206, Yanluu, zhaotongshangmao, Bangming, Bella & Jojo for extension of time UNOPPOSED
日期01/27/2025
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MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation for extension of time to file response/reply as to motion to dismiss/lack of jurisdiction, 142 (UNOPPOSED)
日期01/27/2025
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FULL SATISFACTION of Judgment in the amount of ALL AMOUNTS DUE AS TO DEFENDANTS (NO. 28) BoYi AND (NO. 222) Terrific-Young
日期01/27/2025
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NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation AS TO DEF. (No. 22) Beyonday and (No. 288) flysee
日期01/27/2025
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ANSWER to Complaint by YangQian Company
日期01/27/2025
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MOTION by Defendant YangQian Company to Modify Asset Restraint (Opposed)
附件:
1:Exhibit List
2:Declaration of Sun Honge
3:Exhibit A YangQian Companys Business License
4:Exhibit B Sales Details of Accused Orders for ASIN B0BBZ27RBB
5:Exhibit C YangQian Companys Amazon Sales Details
6:Exhibit D Current Balance Restrained in YangQian Companys Account
7:(Exhibit E Current List of all of YangQian Company's Products)
日期01/27/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's response to Highven and Amolela's motion to dismiss 184 due on February 5, 2025 should also address these Defendants' motion to modify the asset restraint 195. Mailed notice.
日期01/24/2025
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MOTION by Defendants Highven, Amolela to amend/correct Asset Restraint
附件:
1:Declaration
2:Declaration
3:Exhibit
4:Exhibit
5:Exhibit
6:(Exhibit)
日期01/24/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The Court imposes the following fact discovery schedule, which applies to all parties listed in the status report filed at docket entry 193; the Court advises Defendants Highven and Amolela (who have a pending motion to dismiss) that these Defendants will be subject to this fact discovery schedule should the motion to dismiss be denied. Rule 26(a)(1) disclosures are due by February 17, 2025; written discovery may issue beginning on February 27, 2025; any amendments to the pleadings must be made by May 26, 2025; all fact discovery shall be noticed in time for completion by October 15, 2025. The Court will set an expert discovery deadline closer to the close of fact discovery. A joint status report that confirms fact discovery will close on time is due by October 1, 2025. Mailed notice.
日期01/24/2025
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STATUS Report (JOINT) by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation
日期01/23/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Highven
日期01/23/2025
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amolela
日期01/22/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to Defendants Highven and Amolela's motion to dismiss 184 is due by February 5, 2025 and Defendants' reply is due by February 12, 2025. Mailed notice.
日期01/22/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to modify the asset restraint as to Defendants choice of all, CHUYUN, Explosion Zing, Frodete, Fun Iland, Harry and Henry, Joctly, Leebreez, Osemind, U Elegant 4 All, YANCHUN JEWELLRY, Aonklot, Aouaos Jewelry 137 is granted in part. The moving Defendants are that the asset restraint should not exceed their revenue of $47,670.26 from the accused products and all other assets above this amount should be released. Plaintiff responds that the motion is untimely, that the restraint is appropriate because Plaintiff seeks the equitable remedy of accounting for profits as authorized by 15 U.S.C. § 1117, and that it is Defendants' burden to prove that the retrained funds are not the proceeds of counterfeiting. The Court agrees that the freeze appears to be disproportionate to the allegedly infringing activity, so it will modify the restraint to some degree. Defendants' filings do not clearly establish the balances in the relevant accounts and instead have provided an "incomprehensible list" of the accused infringing products. As a result, the Court will set the asset restraint at $65,000. Plaintiff must submit a revised proposed preliminary injunction order on or before January 24, 2025. Mailed notice.
日期01/22/2025
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MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to modify the asset restraint as to Defendants CHENGBEI, DAYKABENGSY, hefengxianxianghuixinwujinyouxiangongsi, JIAJUGUIFU, JIANYAXUAN, ligtyer, Lusbees, MENGSHI, MMyuds, taoshengyuanshangyemaoyiyouxiangongsi, WUGOCa, xingfengshangmaoyouxiangongsi, Yeahkoty, ZHENXI, zhongdengwen, zhuyuanyurunfushi, ZKWLXS, zzaqy, ABALAX, Asjcj, babyHUIH 143 is granted in part. These Defendants object only to the scope of the asset freeze, arguing that $0 of the approximately $75,000 in frozen assets stem from revenue of the accused item. Plaintiff responds that the motion is untimely, that the restraint is appropriate because Plaintiff seeks the equitable remedy of accounting for profits as authorized by 15 U.S.C. § 1117, and that it is Defendants' burden to prove that the retrained funds are not the proceeds of counterfeiting. But at its core, Plaintiff does not meaningfully dispute the proposition that none of the restrained assets stem from revenue of the accused item. True, Plaintiff's take issue with the form the form of the declaration Defendants' offer and argue that Defendants have failed to provide an explanation as to the source of the restrained funds. But Plaintiffs have not shown that they are entitled to a freeze the proceeds in the defendants' account given that the freeze appears to be disproportionate to the allegedly infringing activity. The Court will set the asset restraint at $5,000. Plaintiff must submit a revised proposed preliminary injunction order on or before January 24, 2025. Mailed notice.
日期01/21/2025
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RESPONSE by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporation to other, 137 Plaintiff's Response to Motion to Modify Asset Restraint
日期01/21/2025
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RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd., a Chinese Limited Corporationin Opposition to MOTION by Defendants CHENGBEI, DAYKABENGSY, hefengxianxianghuixinwujinyouxiangongsi, JIAJUGUIFU, JIANYAXUAN, ligtyer, Lusbees, MENGSHI, MMyuds, taoshengyuanshangyemaoyiyouxiangongsi, WUGOCa, xingfengshangmaoyouxiangongsi, Yeahkoty, ZHENXI, zhongdengwen, 143
日期01/21/2025
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MEMORANDUM by Highven, Amolela in support of motion to dismiss/lack of jurisdiction 184
附件:
1:Declaration
2:Exhibit
3:Exhibit
4:Exhibit
5:Exhibit
6:(Exhibit)
日期