Order
Bastos v. The Partnerships and Unincorporated Associations Identified On Schedule A
案件进展
42 条记录Order on Motion for Default Judgment
原告申请缺席判决NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 3 Duanmuci (Vogt, Keith)
查看公开文件 ↗NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment, [37] before Honorable LaShonda A. Hunt on 4/3/2024 at 10:00 AM. (Vogt, Keith)
原告申请缺席判决MEMORANDUM by Rafael Marcio Melillo Bastos in support of motion for default judgment, [37] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Declaration of Keith A. Vogt)(Vogt, Keith)
原告申请缺席判决MOTION by Plaintiff Rafael Marcio Melillo Bastos for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A (Attachments: # (1) Exhibit 1)(Vogt, Keith)
原告申请缺席判决MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [35]. Summons were issued on 2/20/24, and Defendants' responses to the complaint are due by 3/19/24 [31]. By 4/19/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. (cdh, )
法院作出缺席判决PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/7/2024. Emailed notice. (cdh, )
法院批准初步禁令MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Defendants failed to appear. Before the Court is Plaintiff's [corrected] motion for a preliminary injunction [28], which the Court now considers unopposed because no Defendant filed a notice of objection by the 3/6/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO [24] [25], the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [33] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Second Amended Schedule A [21] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, )
原告提交PI申请NEW PARTIES: Fhwiwoehgwohg, Duanmuci, HZMSYQ, YATGAO, shanzshanmsh, zhen1991HN, Defendant 1, Defendant 6 and Defendant 8 added to case caption. (Vogt, Keith)
CERTIFICATE of Service by Plaintiff Rafael Marcio Melillo Bastos regarding order on motion for preliminary injunction,,,,,,,,,,,,,, terminate hearings,,,,,,, terminate motions,,,,,,, set motion and R&R deadlines/hearings,,,,,, [32] (Vogt, Keith)
原告提交PI申请MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's [Corrected] Motion for Preliminary Injunction [28] is taken under advisement. A telephonic motion hearing is set for 3/7/24 at 9:45 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. 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 court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 3/6/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 3/5/24. Plaintiff's Motion for Entry of a Preliminary Injunction [27] is terminated as moot. Emailed notice. (cdh, )
原告提交PI申请SUMMONS Returned Executed by Rafael Marcio Melillo Bastos as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/27/2024, answer due 3/19/2024. (Attachments: # (1) Declaration of Service, # (2) Exhibit 1, of Declaration of Service)(Vogt, Keith)
NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction[28] before Honorable LaShonda A. Hunt on 3/5/2024 at 10:00 AM. (Vogt, Keith)
原告提交PI申请MEMORANDUM by Rafael Marcio Melillo Bastos in support of motion for preliminary injunction[28] (Attachments: # (1) Declaration of Keith A. Vogt, # (2) Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith)
原告提交PI申请MOTION by Plaintiff Rafael Marcio Melillo Bastos for preliminary injunction [Corrected] Plaintiff's Motion for Entry of a Preliminary Injunction (Attachments: # (1) Exhibit 1)(Vogt, Keith)
原告提交PI申请MOTION by Plaintiff Rafael Marcio Melillo Bastos for preliminary injunction (Vogt, Keith)
原告提交PI申请SURETY BOND in the amount of $ 10,000 posted by Rafael Marcio Melillo Bastos (Document not scanned.) (lw, )
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/20/2024. Emailed to Plaintiff's counsel. (cdh, )
法院批准TROMINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery and service of process by email and/or electronic publication [15] is granted as follows. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, )
法院批准TROAMENDED EXHIBIT 2 by Plaintiff Rafael Marcio Melillo Bastos Amended Sealed Exhibit 2, Declaration of Rafael Marcio Melillo Bastos regarding exhibit[17], memorandum in support of motion, [16], declaration [22]. (Attachments: # (1) Exhibit 2-1)(Vogt, Keith) Modified on 3/14/2024 (jh, ).
DECLARATION of Keith A. Vogt regarding sealed document[21], order on motion for exparte,,,,,,, text entry,,,,,, [20] (Attachments: # (1) Exhibit 1, Declaration of Keith A. Vogt)(Vogt, Keith)
SECOND AMENDED SCHEDULE A by Plaintiff Rafael Marcio Melillo Bastos Second Amended Schedule A to Complaint [1] and Schedule A to Complaint [2] and Amended Schedule A to Complaint [12]. (Vogt, Keith) Modified on 3/14/2024 (jh, ).
MINUTE entry before the Honorable LaShonda A. Hunt: After reviewing the complaint [1] and noting that Plaintiff names 40 defendants in this single case [12] and seeks ex parte TRO relief against each of them [15], the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/14/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal a second amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on second amended Schedule A. The motion for a TRO [15] will remain under advisement until the joinder issue is resolved. Emailed notice. (cdh, )
原告提交TRO申请 查看公开文件 ↗MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [13] and motion for leave to exceed page limitation [14] are granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication [15] is taken under advisement. No appearance is necessary on 1/31/24. Emailed notice. (cdh, )
法院批准TROPresentment for Exparte motion [15] and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file[13], motion for leave to file excess pages[14] before Honorable LaShonda A. Hunt on 1/31/2024 at 10:00 AM. (Vogt, Keith)
EXHIBIT 2 by Plaintiff Rafael Marcio Melillo Bastos Sealed Exhibit 2, Declaration of Rafael Marcio Melillo Bastos regarding memorandum in support of motion, [16]. (Attachments: # (1) Exhibit 2-1)(Vogt, Keith) Modified on 3/14/2024 (jh, ).
MEMORANDUM in support of [15] Exparte motion (Attachments: # (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)(Vogt, Keith)
MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file excess pages (Vogt, Keith)
MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file under seal (Vogt, Keith)
AMENDED SCHEDULE A by Plaintiff Rafael Marcio Melillo Bastos [Amended] Schedule A to Complaint [1] and Schedule A [2]. (Vogt, Keith) Modified on 3/14/2024 (jh, ).
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Christopher Romero (Romero, Christopher)
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Monica Rita Martin (Martin, Monica)
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Cameron Eugene Mcintyre (Mcintyre, Cameron)
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Adam Grodman (Grodman, Adam)
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yi Bu (Bu, Yi)
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yanling Jiang (Jiang, Yanling)
MAILED copyright report to Registrar, Washington DC (jb, )
ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Keith A. Vogt (Vogt, Keith)
CIVIL Cover Sheet (Vogt, Keith)
SCHEDULE A by Plaintiff Rafael Marcio Melillo Bastos Schedule A to Complaint [1]. (Vogt, Keith) Modified on 3/14/2024 (jh, ).
COMPLAINT filed by Rafael Marcio Melillo Bastos; Filing fee $ 405, receipt number AILNDC-21559608. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Vogt, Keith)
