NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no.102 LTBHLSBLD

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/11/2024. Mailed notice.

CONSENT JUDGMENT signed by the Honorable John F. Kness on 6/11/2024. Mailed notice.

ORDER: The joint agreed motion for entry of a consent judgment [39] is granted. Motion [30] seeking a default judgment is granted. Plaintiff's motion [22] seeking entry of a preliminary injunction is dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 6/11/2024. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no.162 Cute Kids Clothing

MOTION by Plaintiff Rafael Marcio Melillo Bastos to approve consent judgment JOINT AGREED

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

MINUTE entry before the Honorable John F. Kness: Plaintiff and Defendants 7-14 Days Delivery Zpervoba, Coupondeal, DUEIG(7-15 Days Delivery), Dvkptbk, Feltree, HXS!, Hamilton Caleb, Hinseryo, Jan Yagers, KMSXM Trading, Minecarts, N's Clothes, Telinei, and Varsedark have jointly filed a stipulation of dismissal (as to those Defendants only). Accordingly, the hearing set for 5/13/2024 is stricken. The motion [33] for an extension of time is dismissed as moot. Mailed notice.

STIPULATION of Dismissal JOINT AGREED

MINUTE entry before the Honorable John F. Kness: An in-person motion hearing on Plaintiff's motion for default [30] and Defendants' motion for extension of time [33] is set for 5/13/2024 at 10:00 A.M. Counsel for Plaintiff and counsel Adam Urbanczyk must appear in person at that hearing. Mailed notice.

MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Plead [29] is granted. Defendant Onepeace must answer or otherwise plead to Plaintiff's complaint on or before 5/23/2024. Mailed notice.

MOTION by Defendants 7-14 Days Delivery Zpervoba, Coupondeal, DUEIG(7-15 Days Delivery), Dvkptbk, Feltree, HXS!, Hamilton Caleb, Hinseryo, Jan Yagers, KMSXM Trading, Minecarts, N's Clothes, Telinei, Varsedark for extension of time

ATTORNEY Appearance for Defendants Hamilton Caleb, Varsedark, Minecarts, Telinei, Hinseryo, Jan Yagers, DUEIG(7-15 Days Delivery), 7-14 Days Delivery Zpervoba, HXS!, Coupondeal, Feltree, Dvkptbk, KMSXM Trading, N's Clothes by Adam Edward Urbanczyk

MEMORANDUM by Rafael Marcio Melillo Bastos in support of motion for default judgment[30]

附件：

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

MOTION by Plaintiff Rafael Marcio Melillo Bastos for default judgment as to Against the Defendants Identified in First Amended Schedule A

MOTION by Defendant onepeace for extension of time to file answer regarding complaint[1] UNOPPOSED

ATTORNEY Appearance for Defendant onepeace by Christopher Paul Keleher

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

CERTIFICATE of Service by Plaintiff Rafael Marcio Melillo Bastos regarding text entry, [25]

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [22] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 4/22/2024." Plaintiff must file proof of service of the Court's statement within two business days. For the reasons stated in the Court's order [17] entering the temporary restraining order ("TRO") [18], the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff's motion for extension [21] is dismissed as moot. Mailed notice

SUMMONS Returned Executed by Rafael Marcio Melillo Bastos as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/10/2024, answer due 5/1/2024.

附件：

1:Declaration of Service

MEMORANDUM by Rafael Marcio Melillo Bastos in support of motion for preliminary injunction[22]

附件：

1:Declaration of Keith A. Vogt
2:Exhibit 1, Declaration of Keith Vogt

MOTION by Plaintiff Rafael Marcio Melillo Bastos for preliminary injunction

MOTION by Plaintiff Rafael Marcio Melillo Bastos for extension of time For Temporary Restraining Order [18]

SURETY BOND in the amount of $ 10,000 posted by Rafael Marcio Melillo Bastos. (Document not scanned)

ATTORNEY Appearance for Defendants BESTOYARD, Brandon Zou, Brazzano, Busk Sunset, Cash Liu, Chenpuluos, Colored Flag, Depriket, Disacoy, Everlasting Light, Feperig, Halabam, Herlloy, huilan Zhong, Jagogh Yson, Jikay, Joysoul, keleonto, Kiwen, Kuiian, Limicounts, M.Meteorite, Maddie Di, Mamapur, Nadinrarm, Nasavalo, Nishuna, Original MJW, Priyaittal, Rejuvenation SQ, Robiteno, Sekman, Special Point, Tanomi, Ting Ruo city, Tsuo Longqusen, ubestsky, Ultra-high lift, Vecika, wushubl by Adam Edward Urbanczyk

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

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 3/25/2024.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 11, motion for leave to file excess pages 12, and ex parte motion for a temporary restraining order and other relief 13 are granted in part. Plaintiff's submissions (e.g., Dkt. 14) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 13, and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that he may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products that infringe Plaintiff's copyrights to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.

SEALED EXHIBIT by Plaintiff Rafael Marcio Melillo Bastos Sealed Exhibit 2, Declaration of Rafael Marcio Melillo Bastos regarding memorandum in support of motion, 14

附件：

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

MEMORANDUM in support of 13 Exparte motion

附件：

1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Rafael Marcio Melillo Bastos
4:(Exhibit 1, of Rafael Marcio Melillo Bastos' declaration)

MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file excess pages

MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file under seal

MAILED copyright report to Registrar, Washington DC.

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.

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

ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Adam Grodman

ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yi Bu

ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yanling Jiang

ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Keith A. Vogt

CIVIL Cover Sheet

SEALED DOCUMENT by Plaintiff Rafael Marcio Melillo Bastos Schedule A to Complaint 1

COMPLAINT filed by Rafael Marcio Melillo Bastos; Filing fee $ 402, receipt number AILNDC-21376268.

附件：

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