REPLY in support Motion to set aside default judgment by Defendant ALZ Traders LTD.
原告申请缺席判决Ap PTY Ltd. v. The Partnerships and Unincorporated Associations Identified in Schedule A
案件进展
156 条记录MOTION by Defendant ALZ Traders LTD for attorney representation. (Received by Box.Com on 3/17/25).
RESPONSE by AP Pty Ltd. in Opposition to MOTION by Defendant ALZ Traders LTD to set aside 99
PRO SE Appearance by Defendant ALZ Traders LTD. (Received by Box.Com on 3/3/25).
MINUTE entry before the Honorable John Robert Blakey: Plaintiff shall respond to Defendant ALZ Traders' motion to vacate [99] by 3/13/25, and Defendant ALZ Traders shall file any reply by 3/20/25. The Court reminds counsel that all motions must be noticed for presentment. Mailed notice.
MOTION by Defendant ALZ Traders LTD to set aside Judgment. (Received by Box.Com on 2/27/25).
DEFAULT Judgment Order. Signed by the Honorable John Robert Blakey on 2/19/2025. Mailed notice.
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's renewed motion for default judgment 94 on 2/19/2025. No defendant having appeared to object to the motion or otherwise, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion for entry of default and default judgment as to the Defendants identified in the accompanying Amended Schedule A. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice.
案件结案NOTICE of Motion by James Edward Judge for presentment of motion for default judgment 94 before Honorable John Robert Blakey on 2/19/2025 at 11:00 AM.
原告申请缺席判决MEMORANDUM by AP Pty Ltd. in support of motion for default judgment[94] Second Renewed Motion
原告申请缺席判决MOTION by Plaintiff AP Pty Ltd. for default judgment as to all the remaining defendants
原告申请缺席判决STATUS Report by AP Pty Ltd.
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by AP Pty Ltd.
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 90, this case is dismissed with prejudice as to the following Defendants: Meishkankan (No. 97); buy2_quicks (No. 134); buy2_speedy (No. 135); s7star (No. 182); shopy001 (No. 184); s-show (No. 185); Wu Han Yi Ge Dian Zi Shang Wu You Xian Gong Si (No. 206). Additionally, in light of this dismissal, the Court denies without prejudice Plaintiff's renewed motion for entry of default and default judgment 87 and strikes the 1/29/25 Notice of Motion date, as the motion remains premature. Mailed notice.
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defandants
NOTICE of Motion by James Edward Judge for presentment of motion for default judgment[87] before Honorable John Robert Blakey on 1/29/2025 at 11:00 AM.
原告申请缺席判决MEMORANDUM by AP Pty Ltd. in support of motion for default judgment[87] Renewed
原告申请缺席判决MOTION by Plaintiff AP Pty Ltd. for default judgment as to Renewed
原告申请缺席判决MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [85], this case is dismissed with prejudice as to the following Defendants: Digital Trend Store 11; zonecy 3C Store 16; Cutesliving Store 18; Shop5370096 Store 19; TOP AE Mall Store 21; Seventeen Outdoor Store 24; AZRS Car Moto Parts Store 36; Shop5579172 Store 74; Art de vivre Store 75; Shop1103666239 Store 76; zoontrack 204; and fly air bird 261. Absent reinstatement by 3/20/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice.
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defandants
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 83, this case is dismissed with prejudice as to Defendant SWONFINE (No. 187). Mailed notice.
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Defendant SWONFINE
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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 79, this case is dismissed with prejudice as to the following Defendants: Shenzhen Neosail Technology Co., Ltd. 5; Hangzhou Oem Bicycle & Electric Bike Co., Ltd. 6; Basage Store 28; AUCELI Auto 100; Freedom and integrity 211; and Lixu Sales Co. 249. The Court denies without prejudice Plaintiff's motion for default judgment 76 ; the motion is premature given that Plaintiff is still negotiating with various Defendants. The 1/8/25 Notice of Motion date is stricken. Mailed notice.
PRO SE Appearance by Defendant ALZ Traders LTD. (Received by Box.Com on 12/27/24).
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defendants
NOTICE of Motion by James Edward Judge for presentment of motion for default judgment 76 before Honorable John Robert Blakey on 1/8/2025 at 11:00 AM.
原告申请缺席判决MEMORANDUM by AP Pty Ltd. in support of motion for default judgment 76
原告申请缺席判决MOTION by Plaintiff AP Pty Ltd. for default judgment as to Certain Defendants
原告申请缺席判决MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal [72], [74], this case is dismissed with prejudice as to the following Defendants: awlbed-Auto-US 79; Jawmoy 81; songkunus 85; Jewkot-Auto-US 86; gunhunt-Auto-US 92; Flygun-Auto-US 94; Yumfugu-Auto-US 96; Slykew-Auto-US 102; GKmow-Auto-US 103; Nowkont-Auto-US 104; cueclue-Auto-US 107; Fogfar-Auto-US 108; ZBGUN-Auto-US 110; dawfall-Auto-US 111; autumn_3064 131; ningning373 174; perfectlife629 177; Three Dragons Co.Ltd 254; jhzt393shop 266; Rui shu 90; btastbo 105; autoparty 128; autopower02 129; autotvutv 130; bestmas 132; cantry 137; hometop 159; kuachuan 168; nulauto 175; superreleases 186; SWONFINE 187; topcpu 188; topuks 189; Better and Easy Life 220; UR BEST CHOICE 221; US DEALS 222; Trendy Mall 223; Superior Central 224; Exclusive OutLet 225; World Deal 226; ArtmyHome 227; Free Choice 228; Cozy time 229; letsports 230; LesoGood Shop 231; Personal Care Specific 233; Precious Day 234; Pink Vine 235; Magic life 236; fashion trend 237; Shrewd Choice 238; enjoy show 239; double trust 240; GearUP Store 251; Me Beauty 252; and Daily Preferences 255. Mailed notice.
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defendants
STATUS Report by AP Pty Ltd.
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defendants
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 69 and 70, this case is dismissed with prejudice as to Defendants QXL US, Hirificing, hgufskn4513, 2463105573, 6fg1-9986, abcqqa, bvacqd, clkjac, clkjad, demraket, fgj7053, Friday2023, jinchuangkeji, jxc20-7, meiqi369, Rt7.749, xiaosanlong, yan2jh, zxbn007 and 5.1ykqvmxz. Mailed notice
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Defendant 5.1ykqvmxz
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defandants
MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of dismissal 66, this case is dismissed with prejudice as to the following Defendants: ZYHENG Official Store (No. 77); Chiyang-AU (No. 109); better-6280 (No. 133); Casey's Store (No. 138); AccessoryCenterUS (No. 139); Fancytech Inc (No. 147); GufushangmaoInc (No. 154); Gufubiz2024 (No. 155); Gufutech777 (No. 156); HLGTECH888 (No. 202); GMelectronicS (No. 203); Aimall (No. 218); and Yangmu (No. 241). The Court grants Plaintiff's motion to strike. Federal Rule of Civil Procedure 8(b), provides that, in responding to a complaint, the defendant must: "(A) state in short and plain terms its defenses to each claim asserted against it; and (B) admit or deny the allegations asserted against it by an opposing party." Additionally, Rule 12 provides that "every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19." Defendant Happy Auto (No. 208) filed a pleading that it calls an "answer" but that seems to seek dismissal of the complaint. As such, it fails to comply with the Federal Rules. This Defendant shall, by 12/10/24, file an amended responsive pleading that complies with the Federal Rules. The Court reminds all parties and counsel that motions must be noticed for presentment; in the future, the Court will strike any non-noticed motions. Mailed notice
MOTION by Plaintiff AP Pty Ltd. to strike answer to amended complaint 63
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defendants
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 64, this case is dismissed with prejudice as to Defendants abey-5 120, atyou68 125, kaiixiinn 165, kpmillions 167, liu586 169 and LIDETOOL 173. Mailed notice
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defendants
ANSWER to amended complaint by HAPPY AUTO, Guopei Huang. (Received via Box.com on 11/14/2024)
MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 61, this case is dismissed with prejudice as to the following Defendants: Duwen76 (No. 83); Shinekoo (No. 101); aknsrfuhb15 (No. 121); automan_parts (No. 127); ehonours_6 (No. 145); euroad (No. 146); vehileparts (No. 194); xiangxi8054 (No. 197); BXK-auto parts (No. 200); dailygadgetz (No. 207); Shixing LLC (No. 232); JINGKAI Co.Ltd (No. 242); and Sarapandan (No. 258). Mailed notice.
NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defandants
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable John Robert Blakey on 11/1/2024. Mailed notice.
法院批准初步禁令MINUTE entry before the Honorable John Robert Blakey: Motion hearing held 11/1/24 on Plaintiff's motion for preliminary injunction 36. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction 36. Accordingly, and based upon the same findings made in this Court's TRO 28, this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction 36. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter and orders Plaintiff to file an updated status report by 12/16/24 and to add all defendants listed on Schedule A to the Court's docket within three business days of this Order. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.
原告提交TRO申请MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal [35], this case is dismissed with prejudice as to Defendant Colcolo (No. 253). Mailed notice.
MINUTE entry before the Honorable John Robert Blakey: Based upon the Court's trial schedule, the Court enters and continues Plaintiff's motion for entry of a preliminary injunction 36 to 11/1/24 at 11:00 a.m. and strikes the 10/30/24 Notice of Motion date. Mailed notice.
原告提交PI申请SUMMONS Returned Executed by AP Pty Ltd. as to Berserker shop on 10/24/2024, answer due 11/14/2024; NorthJing on 10/24/2024, answer due 11/14/2024; beauty xuyao on 10/24/2024, answer due 11/14/2024; huijuanfan on 10/24/2024, answer due 11/14/2024; jhzt393shop on 10/24/2024, answer due 11/14/2024; zhanping store on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to BORTE on 10/24/2024, answer due 11/14/2024; ChuaiLikeji on 10/24/2024, answer due 11/14/2024; Colcolo on 10/24/2024, answer due 11/14/2024; Daily Preferences on 10/24/2024, answer due 11/14/2024; Finn Cotton Trading on 10/24/2024, answer due 11/14/2024; GearUP Store on 10/24/2024, answer due 11/14/2024; GuJiaBang on 10/24/2024, answer due 11/14/2024; HaErBinYuKua on 10/24/2024, answer due 11/14/2024; LIAOBOWEN on 10/24/2024, answer due 11/14/2024; LanLaiShangMao on 10/24/2024, answer due 11/14/2024; Lixu Sales Co on 10/24/2024, answer due 11/14/2024; Me Beauty on 10/24/2024, answer due 11/14/2024; QUANXINTAI on 10/24/2024, answer due 11/14/2024; Sarapandan on 10/24/2024, answer due 11/14/2024; Three Dragons Co Ltd on 10/24/2024, answer due 11/14/2024; chenxueliang on 10/24/2024, answer due 11/14/2024; wangshanli on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to JINGKAI Co.Ltd. on 10/24/2024, answer due 11/14/2024; Magic life on 10/24/2024, answer due 11/14/2024; Personal Care Specific on 10/24/2024, answer due 11/14/2024; Pink Vine on 10/24/2024, answer due 11/14/2024; Precious Day on 10/24/2024, answer due 11/14/2024; Shrewd Choice on 10/24/2024, answer due 11/14/2024; Yangmu on 10/24/2024, answer due 11/14/2024; double trust on 10/24/2024, answer due 11/14/2024; enjoy show on 10/24/2024, answer due 11/14/2024; fashion trend on 10/24/2024, answer due 11/14/2024; juanjuanshangmaofulidian on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Aimall on 10/24/2024, answer due 11/14/2024; ArtmyHome on 10/24/2024, answer due 11/14/2024; Better and Easy Life on 10/24/2024, answer due 11/14/2024; Cozy time on 10/24/2024, answer due 11/14/2024; Exclusive OutLet on 10/24/2024, answer due 11/14/2024; Free Choice on 10/24/2024, answer due 11/14/2024; LesoGood Shop on 10/24/2024, answer due 11/14/2024; Shixing LLC on 10/24/2024, answer due 11/14/2024; Superior Central on 10/24/2024, answer due 11/14/2024; Trendy Mall on 10/24/2024, answer due 11/14/2024; UR BEST CHOICE on 10/24/2024, answer due 11/14/2024; US DEALS on 10/24/2024, answer due 11/14/2024; Wkai on 10/24/2024, answer due 11/14/2024; World Deal on 10/24/2024, answer due 11/14/2024; letsports on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Freedom and integrity on 10/24/2024, answer due 11/14/2024; GMelectronicS on 10/24/2024, answer due 11/14/2024; HAPPY AUTO on 10/24/2024, answer due 11/14/2024; HLGTECH888 on 10/24/2024, answer due 11/14/2024; LMLOVATO on 10/24/2024, answer due 11/14/2024; Unique Super Deal on 10/24/2024, answer due 11/14/2024; Wu Han Yi Ge Dian Zi Shang Wu You Xian Gong Si on 10/24/2024, answer due 11/14/2024; XJYxingjiyao on 10/24/2024, answer due 11/14/2024; beijichen on 10/24/2024, answer due 11/14/2024; dailygadgetz on 10/24/2024, answer due 11/14/2024; fenghuanghuakai on 10/24/2024, answer due 11/14/2024; huangpuhp on 10/24/2024, answer due 11/14/2024; lowcost on 10/24/2024, answer due 11/14/2024; xushe on 10/24/2024, answer due 11/14/2024; yan2jh on 10/24/2024, answer due 11/14/2024; zxbn007 on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to BXK auto parts on 10/24/2024, answer due 11/14/2024; SWONFINE on 10/24/2024, answer due 11/14/2024; superreleases on 10/24/2024, answer due 11/14/2024; topcpu on 10/24/2024, answer due 11/14/2024; topuks on 10/24/2024, answer due 11/14/2024; urlwall sur ron UK on 10/24/2024, answer due 11/14/2024; urlwall surron us on 10/24/2024, answer due 11/14/2024; urlwall uk surron on 10/24/2024, answer due 11/14/2024; ussssu on 10/24/2024, answer due 11/14/2024; vehileparts on 10/24/2024, answer due 11/14/2024; wangzejiang on 10/24/2024, answer due 11/14/2024; wuyiig on 10/24/2024, answer due 11/14/2024; xiangxi8054 on 10/24/2024, answer due 11/14/2024; xiaopangzi2019 on 10/24/2024, answer due 11/14/2024; xiaosanlong on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to LIDETOOL on 10/24/2024, answer due 11/14/2024; Rt7 749 on 10/24/2024, answer due 11/14/2024; meiqi369 on 10/24/2024, answer due 11/14/2024; mkyinfu06 on 10/24/2024, answer due 11/14/2024; ningning373 on 10/24/2024, answer due 11/14/2024; nulauto on 10/24/2024, answer due 11/14/2024; peakmotostore on 10/24/2024, answer due 11/14/2024; perfectlife629 on 10/24/2024, answer due 11/14/2024; pizh3997 on 10/24/2024, answer due 11/14/2024; pon0511 on 10/24/2024, answer due 11/14/2024; rm004store on 10/24/2024, answer due 11/14/2024; s show on 10/24/2024, answer due 11/14/2024; s7star on 10/24/2024, answer due 11/14/2024; shihe996 on 10/24/2024, answer due 11/14/2024; shopy001 on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Aussie Deal Central on 10/24/2024, answer due 11/14/2024; Gufutech777 on 10/24/2024, answer due 11/14/2024; Home life one on 10/24/2024, answer due 11/14/2024; PBYItech on 10/24/2024, answer due 11/14/2024; hbcmarket on 10/24/2024, answer due 11/14/2024; hometop on 10/24/2024, answer due 11/14/2024; hstoyhomes on 10/24/2024, answer due 11/14/2024; jahd2023 on 10/24/2024, answer due 11/14/2024; jinchuangkeji on 10/24/2024, answer due 11/14/2024; jxc20 7 on 10/24/2024, answer due 11/14/2024; kaiixiinn on 10/24/2024, answer due 11/14/2024; kameshka 35 on 10/24/2024, answer due 11/14/2024; kpmillions on 10/24/2024, answer due 11/14/2024; kuachuan on 10/24/2024, answer due 11/14/2024; liu586 on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Fancytech Inc on 10/24/2024, answer due 11/14/2024; Friday2023 on 10/24/2024, answer due 11/14/2024; Gufubiz2024 on 10/24/2024, answer due 11/14/2024; GufushangmaoInc on 10/24/2024, answer due 11/14/2024; clkjad on 10/24/2024, answer due 11/14/2024; datouc on 10/24/2024, answer due 11/14/2024; demraket on 10/24/2024, answer due 11/14/2024; diziyou on 10/24/2024, answer due 11/14/2024; ehonours 6 on 10/24/2024, answer due 11/14/2024; euroad on 10/24/2024, answer due 11/14/2024; fashio 7351 on 10/24/2024, answer due 11/14/2024; fconejero on 10/24/2024, answer due 11/14/2024; fgj7053 on 10/24/2024, answer due 11/14/2024; geetarplayer2012 on 10/24/2024, answer due 11/14/2024; greenhouse cn2010 on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to AccessoryCenterUS on 10/24/2024, answer due 11/14/2024; Caseys Store on 10/24/2024, answer due 11/14/2024; autodevery on 10/24/2024, answer due 11/14/2024; automan parts on 10/24/2024, answer due 11/14/2024; autoparty on 10/24/2024, answer due 11/14/2024; autopower02 on 10/24/2024, answer due 11/14/2024; autotvutv on 10/24/2024, answer due 11/14/2024; autumn 3064 on 10/24/2024, answer due 11/14/2024; bestmas on 10/24/2024, answer due 11/14/2024; better 6280 on 10/24/2024, answer due 11/14/2024; buy2 quicks on 10/24/2024, answer due 11/14/2024; buy2 speedy on 10/24/2024, answer due 11/14/2024; bvacqd on 10/24/2024, answer due 11/14/2024; cantry on 10/24/2024, answer due 11/14/2024; clkjac on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to 5 1ykqvmxz on 10/24/2024, answer due 11/14/2024; 6fg1 9986 on 10/24/2024, answer due 11/14/2024; ALZ Traders LTD on 10/24/2024, answer due 11/14/2024; abcdqqa on 10/24/2024, answer due 11/14/2024; abey 5 on 10/24/2024, answer due 11/14/2024; aknsrfuhb15 on 10/24/2024, answer due 11/14/2024; aliagacontreras 0 on 10/24/2024, answer due 11/14/2024; arkidqkonorr on 10/24/2024, answer due 11/14/2024; atyou68 on 10/24/2024, answer due 11/14/2024; ddmylovely Store on 10/24/2024, answer due 11/14/2024; homepro15 Store on 10/24/2024, answer due 11/14/2024; homepro6 Store on 10/24/2024, answer due 11/14/2024; la96 Store on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Chiyang AU on 10/24/2024, answer due 11/14/2024; Fogfar Auto US on 10/24/2024, answer due 11/14/2024; ZBGUN Auto US on 10/24/2024, answer due 11/14/2024; dawfall Auto US on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to AUCELI Auto on 10/24/2024, answer due 11/14/2024; Flygun Auto US on 10/24/2024, answer due 11/14/2024; GKmow Auto US on 10/24/2024, answer due 11/14/2024; Meishkankan on 10/24/2024, answer due 11/14/2024; Nowkont Auto US on 10/24/2024, answer due 11/14/2024; Shinekoo on 10/24/2024, answer due 11/14/2024; Slykew Auto US on 10/24/2024, answer due 11/14/2024; Yasuri usa on 10/24/2024, answer due 11/14/2024; Yumfugu Auto US on 10/24/2024, answer due 11/14/2024; btastbo on 10/24/2024, answer due 11/14/2024; cueclue Auto US on 10/24/2024, answer due 11/14/2024; fdhuio841318 on 10/24/2024, answer due 11/14/2024; fomsohr on 10/24/2024, answer due 11/14/2024; hgufskn4513 on 10/24/2024, answer due 11/14/2024; songxinyaauto on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Cai Rui SHOPPING MALL on 10/24/2024, answer due 11/14/2024; Duwen76 on 10/24/2024, answer due 11/14/2024; FXDIANZI on 10/24/2024, answer due 11/14/2024; HAIXIASHANGHANG on 10/24/2024, answer due 11/14/2024; HAOYUSHANGWU on 10/24/2024, answer due 11/14/2024; Hirificing on 10/24/2024, answer due 11/14/2024; Jawmoy on 10/24/2024, answer due 11/14/2024; Jewkot Auto US on 10/24/2024, answer due 11/14/2024; QXL US on 10/24/2024, answer due 11/14/2024; Rui shu on 10/24/2024, answer due 11/14/2024; VORTEX INC on 10/24/2024, answer due 11/14/2024; Wenjun Trading on 10/24/2024, answer due 11/14/2024; awlbed Auto US on 10/24/2024, answer due 11/14/2024; gunhunt Auto US on 10/24/2024, answer due 11/14/2024; songkunus on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Ali ZYAA 1 Store on 10/24/2024, answer due 11/14/2024; All Categories Wholesale Store Store on 10/24/2024, answer due 11/14/2024; Alloet Tool Supplies Store on 10/24/2024, answer due 11/14/2024; Dazzling Bag Store on 10/24/2024, answer due 11/14/2024; DiDiBaby Store on 10/24/2024, answer due 11/14/2024; Keep Real World Store on 10/24/2024, answer due 11/14/2024; PC Peripheral Store on 10/24/2024, answer due 11/14/2024; Shop1103493021 Store on 10/24/2024, answer due 11/14/2024; Shop1103610036 Store on 10/24/2024, answer due 11/14/2024; Shop1103845652 Store on 10/24/2024, answer due 11/14/2024; TOP Shopping market Store on 10/24/2024, answer due 11/14/2024; ZYHENG Official Store on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to 3C Computer Peripheral Store on 10/24/2024, answer due 11/14/2024; 3C Electro World Store on 10/24/2024, answer due 11/14/2024; All category Store on 10/24/2024, answer due 11/14/2024; BodyWell Store on 10/24/2024, answer due 11/14/2024; DUSSERSAT Store on 10/24/2024, answer due 11/14/2024; Digital High Tech Store on 10/24/2024, answer due 11/14/2024; Digital Tech Mart Store on 10/24/2024, answer due 11/14/2024; Forever younger Store on 10/24/2024, answer due 11/14/2024; GlobalShopping Store on 10/24/2024, answer due 11/14/2024; Home Category 10001 Store on 10/24/2024, answer due 11/14/2024; House Suncatcher Store on 10/24/2024, answer due 11/14/2024; Outdoor Dropshippings Store on 10/24/2024, answer due 11/14/2024; Pleasurable Shopping Day Store on 10/24/2024, answer due 11/14/2024; Pro Houseware Store on 10/24/2024, answer due 11/14/2024; ShinyHome Store on 10/24/2024, answer due 11/14/2024; Shunmaii Cycling Accessories Store on 10/24/2024, answer due 11/14/2024.
NEW PARTIES: ChuaiLikeji added to case caption.
NEW PARTIES: Fogfar Auto US added to case caption.
NEW PARTIES: fdhuio841318 added to case caption.
SUMMONS Returned Executed by AP Pty Ltd. as to Anti-skidmat Online Store on 10/24/2024, answer due 11/14/2024; EU Digital Accessories Store on 10/24/2024, answer due 11/14/2024; Gobal Directsale Store on 10/24/2024, answer due 11/14/2024; JH Auto Parts Store Store on 10/24/2024, answer due 11/14/2024; Lets Get It Store on 10/24/2024, answer due 11/14/2024; LittleLove Makeup Store on 10/24/2024, answer due 11/14/2024; RealTech Store on 10/24/2024, answer due 11/14/2024; Shenzhen Moonlight Houseware Co., Ltd. Store on 10/24/2024, answer due 11/14/2024; Shop1102660561 Store on 10/24/2024, answer due 11/14/2024; Shop1102716947 Store on 10/24/2024, answer due 11/14/2024; Shop1102921960 Store on 10/24/2024, answer due 11/14/2024; Shop1103055935 Store on 10/24/2024, answer due 11/14/2024; Shop1103134581 Store on 10/24/2024, answer due 11/14/2024; Top-Handicraft Dropshipping Store on 10/24/2024, answer due 11/14/2024; excellbay on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to 1688 Factory Direct Dropshipping Store on 10/24/2024, answer due 11/14/2024; AutomotiveAccessories Store on 10/24/2024, answer due 11/14/2024; Basage Store on 10/24/2024, answer due 11/14/2024; Cutesliving Store on 10/24/2024, answer due 11/14/2024; Gocamping Store on 10/24/2024, answer due 11/14/2024; I Am Song Store on 10/24/2024, answer due 11/14/2024; SMAUTOP CAR Official Store on 10/24/2024, answer due 11/14/2024; Shop5800663 Store on 10/24/2024, answer due 11/14/2024; Sportsdiary Store on 10/24/2024, answer due 11/14/2024; TRobal Cycling Store on 10/24/2024, answer due 11/14/2024; Warming Car Parts Store on 10/24/2024, answer due 11/14/2024; Winooo Discount Store on 10/24/2024, answer due 11/14/2024; ZZF Store on 10/24/2024, answer due 11/14/2024; bettergoods on 10/24/2024, answer due 11/14/2024.
SUMMONS Returned Executed by AP Pty Ltd. as to Guangzhou Baichuanhe Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024; Hangzhou Fonairil Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024; Hangzhou Oem Bicycle & Electric Bike Co., Ltd. on 10/24/2024, answer due 11/14/2024; Jiangxi Liubao Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024; Ningbo Hongseen Industry Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024; Qingdao Roadup Vehicle Parts Co., Ltd. on 10/24/2024, answer due 11/14/2024; Shenzhen Neosail Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024; Shenzhen Siji Yunji Trade Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024; Shenzhen Skycity Global Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024; Shijiazhuang Youen Technology Co., Ltd. on 10/24/2024, answer due 11/14/2024.
NOTICE of Motion by James Edward Judge for presentment of motion for preliminary injunction 36 before Honorable John Robert Blakey on 10/30/2024 at 11:00 AM.
原告提交PI申请MOTION by Plaintiff AP Pty Ltd. for preliminary injunction as to Certain Defendants
原告提交PI申请NOTICE of Voluntary Dismissal by AP Pty Ltd. as to Certain Defendant
NEW PARTIES: fly air bird, Berserker shop, zhanping store, beauty xuyao, NorthJing, jhzt393shop and huijuanfan added to case caption.
NEW PARTIES: GearUP Store, Me Beauty, Colcolo, Three Dragons Co Ltd, Daily Preferences, BORTE, Finn Cotton Trading, Sarapandan, wangshanli and GuJiaBang added to case caption.
NEW PARTIES: Magic life, fashion trend, Shrewd Choice, enjoy show, double trust, Yangmu, JINGKAI Co Ltd, juanjuanshangmaofulidian, ChuaiLikeji, LanLaiShangMao, LIAOBOWEN, QUANXINTAI, HaErBinYuKua, Lixu Sales Co and chenxueliang added to case caption.
NEW PARTIES: Better and Easy Life, UR BEST CHOICE, US DEALS, Trendy Mall, Superior Central, Exclusive OutLet, World Deal, ArtmyHome, Free Choice, Cozy time, letsports, LesoGood Shop, Shixing LLC, Personal Care Specific, Precious Day and Pink Vine added to case caption.
NEW PARTIES: Wu Han Yi Ge Dian Zi Shang Wu You Xian Gong Si, dailygadgetz, HAPPY AUTO, Unique Super Deal, XJYxingjiyao, Freedom and integrity, lowcost, beijichen, LMLOVATO, xushe, huangpuhp, fenghuanghuakai, Aimall and Wkai added to case caption.
NEW PARTIES: urlwall surron us, urlwall uk surron, ussssu, vehileparts, wangzejiang, wuyiig, xiangxi8054, xiaopangzi2019, xiaosanlong, BXK auto parts, yan2jh, HLGTECH888, GMelectronicS, zoontrack and zxbn007 added to case caption.
NEW PARTIES: peakmotostore, perfectlife629, pizh3997, pon0511, rm004store, Rt7 749, s7star, shihe996, shopy001, s show, superreleases, SWONFINE, topcpu, topuks and urlwall sur ron UK added to case caption.
NEW PARTIES: PBYItech, jahd2023, jinchuangkeji, jxc20 7, kaiixiinn, kameshka 35, kpmillions, kuachuan, liu586, Aussie Deal Central, meiqi369, mkyinfu06, LIDETOOL, ningning373 and nulauto added to case caption.
NEW PARTIES: euroad, Fancytech Inc, fashio 7351, fconejero, fgj7053, Friday2023, geetarplayer2012, greenhouse cn2010, GufushangmaoInc, Gufubiz2024, Gufutech777, hbcmarket, Home life one, hometop and hstoyhomes added to case caption.
NEW PARTIES: Digital Trend Store, Sportsdiary Store, ZZF Store, bettergoods, Warming Car Parts Store, zonecy 3C Store, SMAUTOP CAR Official Store, Cutesliving Store, Shop5370096 Store, 1688 Factory Direct Dropshipping Store, TOP AE Mall Store, Shop5800663 Store, AutomotiveAccessories Store, Seventeen Outdoor Store and Gocamping Store added to case caption.
NEW PARTIES: Guangzhou Baichuanhe Technology Co., Ltd., Hangzhou Fonairil Technology Co., Ltd., Jiangxi Liubao Technology Co., Ltd., Ningbo Hongseen Industry Technology Co., Ltd., Shenzhen Neosail Technology Co., Ltd., Hangzhou Oem Bicycle & Electric Bike Co., Ltd., Qingdao Roadup Vehicle Parts Co., Ltd., Shenzhen Siji Yunji Trade Technology Co., Ltd., Shenzhen Skycity Global Technology Co., Ltd. and Shijiazhuang Youen Technology Co., Ltd. added to case caption.
NEW PARTIES: better 6280, buy2 quicks, buy2 speedy, bvacqd, cantry, Caseys Store, AccessoryCenterUS, clkjac, clkjad, datouc, demraket, diziyou and ehonours 6 added to case caption.
NEW PARTIES: 5 1ykqvmxz, 6fg1 9986, abcdqqa, abey 5, aknsrfuhb15, aliagacontreras 0, ALZ Traders LTD, arkidqkonorr, atyou68, autodevery, automan parts, autoparty, autopower02, autotvutv, autumn 3064 and bestmas added to case caption.
NEW PARTIES: la96 Store, vbsi Store, homepro6 Store, homepro15 Store and ddmylovely Store added to case caption.
NEW PARTIES: hgufskn4513, cueclue Auto US, ogfar Auto US, Chiyang AU, ZBGUN Auto US and dawfall Auto US added to case caption.
NEW PARTIES: Cai Rui SHOPPING MALL, gunhunt Auto US, dhuio841318, Flygun Auto US, Yasuri usa, Yumfugu Auto US, Meishkankan, fomsohr, songxinyaauto, AUCELI Auto, Shinekoo, Slykew Auto US, GKmow Auto US, Nowkont Auto US and btastbo added to case caption.
NEW PARTIES: HAIXIASHANGHANG, awlbed Auto US, QXL US, Jawmoy, Wenjun Trading, Duwen76, FXDIANZI, songkunus, Jewkot Auto US, HAOYUSHANGWU, VORTEX INC, Hirificing and Rui shu added to case caption.
NEW PARTIES: PC Peripheral Store, Ali ZYAA 1 Store, Shop1103845652 Store, Shop5579172 Store, Art de vivre Store, Shop1103666239 Store and ZYHENG Official Store added to case caption.
NEW PARTIES: Pro Houseware Store, All category Store, ShinyHome Store, 3C Computer Peripheral Store, Outdoor Dropshippings Store, Digital High Tech Store, Home Category 10001 Store, Alloet Tool Supplies Store, Shop1103493021 Store, Dazzling Bag Store, All Categories Wholesale Store Store, DiDiBaby Store, Keep Real World Store, TOP Shopping market Store and Shop1103610036 Store added to case caption.
NEW PARTIES: RealTech Store, Shop1103055935 Store, Gobal Directsale Store, Shop1103134581 Store, Lets Get It Store, EU Digital Accessories Store, Shunmaii Cycling Accessories Store, DUSSERSAT Store, Digital Tech Mart Store, GlobalShopping Store, House Suncatcher Store, Pleasurable Shopping Day Store, Forever younger Store, 3C Electro World Store and BodyWell Store added to case caption.
NEW PARTIES: Winooo Discount Store, I Am Song Store, Basage Store, TRobal Cycling Store, Top-Handicraft Dropshipping Store, Shop1102660561 Store, Shenzhen Moonlight Houseware Co., Ltd. Store, LittleLove Makeup Store, Shop1102716947 Store, Basage Store, AZRS Car Moto Parts Store, Anti-skidmat Online Store, JH Auto Parts Store Store, Shop1102921960 Store and excellbay added to case caption.
NEW PARTIES: Digital Trend Store, Sportsdiary Store, ZZF Store, bettergoods, Warming Car Parts Store, zonecy 3C Store, SMAUTOP CAR Official Store, Cutesliving Store, Shop5370096 Store, 1688 Factory Direct Dropshipping Store, TOP AE Mall Store, Shop5800663 Store, AutomotiveAccessories Store, Seventeen Outdoor Store and Gocamping Store added to case caption.
NEW PARTIES: Guangzhou Baichuanhe Technology Co., Ltd., Hangzhou Fonairil Technology Co., Ltd., Jiangxi Liubao Technology Co., Ltd., Ningbo Hongseen Industry Technology Co., Ltd., Shenzhen Neosail Technology Co., Ltd., Hangzhou Oem Bicycle & Electric Bike Co., Ltd., Qingdao Roadup Vehicle Parts Co., Ltd., Shenzhen Siji Yunji Trade Technology Co., Ltd., Shenzhen Skycity Global Technology Co., Ltd. and Shijiazhuang Youen Technology Co., Ltd. added to case caption.
NEW PARTIES: fly air bird, Berserker shop, zhanping store, beauty xuyao, NorthJing, jhzt393shop and huijuanfan added to case caption.
NEW PARTIES: GearUP Store, Me Beauty, Colcolo, Three Dragons Co Ltd, Daily Preferences, BORTE, Finn Cotton Trading, Sarapandan, wangshanli and GuJiaBang added to case caption.
NEW PARTIES: Magic life, fashion trend, Shrewd Choice, enjoy show, double trust, Yangmu, JINGKAI Co Ltd, juanjuanshangmaofulidian, ChuaiLikeji, LanLaiShangMao, LIAOBOWEN, QUANXINTAI, HaErBinYuKua, Lixu Sales Co and chenxueliang added to case caption.
NEW PARTIES: Better and Easy Life, UR BEST CHOICE, US DEALS, Trendy Mall, Superior Central, Exclusive OutLet, World Deal, ArtmyHome, Free Choice, Cozy time, letsports, LesoGood Shop, Shixing LLC, Personal Care Specific, Precious Day and Pink Vine added to case caption.
NEW PARTIES: Wu Han Yi Ge Dian Zi Shang Wu You Xian Gong Si, dailygadgetz, HAPPY AUTO, Unique Super Deal, XJYxingjiyao, Freedom and integrity, lowcost, beijichen, LMLOVATO, xushe, huangpuhp, fenghuanghuakai, Aimall and Wkai added to case caption.
NEW PARTIES: urlwall surron us, urlwall uk surron, ussssu, vehileparts, wangzejiang, wuyiig, xiangxi8054, xiaopangzi2019, xiaosanlong, BXK auto parts, yan2jh, HLGTECH888, GMelectronicS, zoontrack and zxbn007 added to case caption.
NEW PARTIES: peakmotostore, perfectlife629, pizh3997, pon0511, rm004store, Rt7 749, s7star, shihe996, shopy001, s show, superreleases, SWONFINE, topcpu, topuks and urlwall sur ron UK added to case caption.
NEW PARTIES: PBYItech, jahd2023, jinchuangkeji, jxc20 7, kaiixiinn, kameshka 35, kpmillions, kuachuan, liu586, Aussie Deal Central, meiqi369, mkyinfu06, LIDETOOL, ningning373 and nulauto added to case caption.
NEW PARTIES: euroad, Fancytech Inc, fashio 7351, fconejero, fgj7053, Friday2023, geetarplayer2012, greenhouse cn2010, GufushangmaoInc, Gufubiz2024, Gufutech777, hbcmarket, Home life one, hometop and hstoyhomes added to case caption.
NEW PARTIES: better 6280, buy2 quicks, buy2 speedy, bvacqd, cantry, Caseys Store, AccessoryCenterUS, clkjac, clkjad, datouc, demraket, diziyou and ehonours 6 added to case caption.
NEW PARTIES: 5 1ykqvmxz, 6fg1 9986, abcdqqa, abey 5, aknsrfuhb15, aliagacontreras 0, ALZ Traders LTD, arkidqkonorr, atyou68, autodevery, automan parts, autoparty, autopower02, autotvutv, autumn 3064 and bestmas added to case caption.
NEW PARTIES: la96 Store, vbsi Store, homepro6 Store, homepro15 Store and ddmylovely Store added to case caption.
NEW PARTIES: hgufskn4513, cueclue Auto US, ogfar Auto US, Chiyang AU, ZBGUN Auto US and dawfall Auto US added to case caption.
NEW PARTIES: Cai Rui SHOPPING MALL, gunhunt Auto US, dhuio841318, Flygun Auto US, Yasuri usa, Yumfugu Auto US, Meishkankan, fomsohr, songxinyaauto, AUCELI Auto, Shinekoo, Slykew Auto US, GKmow Auto US, Nowkont Auto US and btastbo added to case caption.
NEW PARTIES: HAIXIASHANGHANG, awlbed Auto US, QXL US, Jawmoy, Wenjun Trading, Duwen76, FXDIANZI, songkunus, Jewkot Auto US, HAOYUSHANGWU, VORTEX INC, Hirificing and Rui shu added to case caption.
NEW PARTIES: PC Peripheral Store, Ali ZYAA 1 Store, Shop1103845652 Store, Shop5579172 Store, Art de vivre Store, Shop1103666239 Store and ZYHENG Official Store added to case caption.
NEW PARTIES: Pro Houseware Store, All category Store, ShinyHome Store, 3C Computer Peripheral Store, Outdoor Dropshippings Store, Digital High Tech Store, Home Category 10001 Store, Alloet Tool Supplies Store, Shop1103493021 Store, Dazzling Bag Store, All Categories Wholesale Store Store, DiDiBaby Store, Keep Real World Store, TOP Shopping market Store and Shop1103610036 Store added to case caption.
NEW PARTIES: RealTech Store, Shop1103055935 Store, Gobal Directsale Store, Shop1103134581 Store, Lets Get It Store, EU Digital Accessories Store, Shunmaii Cycling Accessories Store, DUSSERSAT Store, Digital Tech Mart Store, GlobalShopping Store, House Suncatcher Store, Pleasurable Shopping Day Store, Forever younger Store, 3C Electro World Store and BodyWell Store added to case caption.
NEW PARTIES: Winooo Discount Store, I Am Song Store, Basage Store, TRobal Cycling Store, Top-Handicraft Dropshipping Store, Shop1102660561 Store, Shenzhen Moonlight Houseware Co., Ltd. Store, LittleLove Makeup Store, Shop1102716947 Store, Basage Store, AZRS Car Moto Parts Store, Anti-skidmat Online Store, JH Auto Parts Store Store, Shop1102921960 Store and excellbay added to case caption.
NEW PARTIES: Digital Trend Store, Sportsdiary Store, ZZF Store, bettergoods, Warming Car Parts Store, zonecy 3C Store, SMAUTOP CAR Official Store, Cutesliving Store, Shop5370096 Store, 1688 Factory Direct Dropshipping Store, TOP AE Mall Store, Shop5800663 Store, AutomotiveAccessories Store, Seventeen Outdoor Store and Gocamping Store added to case caption.
NEW PARTIES: Guangzhou Baichuanhe Technology Co., Ltd., Hangzhou Fonairil Technology Co., Ltd., Jiangxi Liubao Technology Co., Ltd., Ningbo Hongseen Industry Technology Co., Ltd., Shenzhen Neosail Technology Co., Ltd., Hangzhou Oem Bicycle & Electric Bike Co., Ltd., Qingdao Roadup Vehicle Parts Co., Ltd., Shenzhen Siji Yunji Trade Technology Co., Ltd., Shenzhen Skycity Global Technology Co., Ltd. and Shijiazhuang Youen Technology Co., Ltd. added to case caption.
ATTORNEY Appearance for Defendant JINGKAI Co.Ltd. by He Cheng
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion 31 to extend the temporary restraining order entered 10/08/2024 28. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 11/05/24. The 10/23/24 Notice of Motion date is stricken. Mailed notice
法院批准TRONOTICE of Motion by James Edward Judge for presentment of motion for miscellaneous relief 31 before Honorable John Robert Blakey on 10/23/2024 at 11:00 AM.
MOTION by Plaintiff AP Pty Ltd. for Extension of Temporary Restraining Order
原告提交TRO申请SUMMONS Issued as to Defendant Guangzhou Baichuanhe Technology Co. Ltd. & all other Defendants identified in the Complaint. (jn,)
SURETY BOND in the amount of $ 267,000.00 posted by AP Pty Ltd. (Document not scanned.)
ATTORNEY Appearance for Plaintiff AP Pty Ltd. by Ying Chen
SEALED ORDER Signed by the Honorable John Robert Blakey on 10/8/2024. Mailed notice
MINUTE entry before the Honorable John Robert Blakey: Plaintiff having submitted a proposed order, the Court hereby grants Plaintiff's motion for temporary restraining order 23 based upon its submissions and for the reasons discussed in the Court's prior order 26. Enter Sealed Temporary Restraining Order. Within seven (7) calendar days of entry of this Order, Plaintiff shall deposit with the Court Two Hundred Sixty-Seven Thousand Dollars ($267,000), either cash or surety bond, as security. Absent further order, this TRO will expire 10/22/24. Mailed notice
原告提交TRO申请MINUTE entry before the Honorable John Robert Blakey: In this lawsuit, Plaintiff seeks to sue 267 separately identified defendants. Joinder of multiple defendants in a single patent infringement suit is permitted "only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action." 35 U.S.C. § 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants. based solely on allegations that they each have infringed the patent or patents in suit." Id. § 299(b). Additionally, joinder of multiple defendants in a single copyright or trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). Plaintiff's complaint lumps all Defendants together, but asserts specific claims against different subsets of Defendants. Plaintiff seeks to sue a smaller subset of 192 of the 267 named Defendants for patent infringement, a different, still smaller subset of 145 of those Defendants for trademark infringement, and a third, still smaller subset of 135 of those Defendants for copyright infringement. See [21-3], [21-4], [21-5]. Plaintiff claims that, although not every Defendant is infringing on each specific type of intellectual property claimed by Plaintiff, Defendants' actions are interrelated, as shown by the identical nature of the products and packaging, as well as the repeated use of the same photographs, all of which point to a common source for the knock-off products." 14 at 2; [14-1] at 2. Plaintiff alleges in the second amended complaint that the Defendant Internet Stores "share unique identifiers, such as common design elements, the same or similar counterfeit products that they offer for sale, similar counterfeit product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, check-out methods, lack of contact information, and identically or similarly priced counterfeit products and volume sale discounts. As such, the Defendant Internet Stores establish a logical relationship between them and suggest that Defendants' illegal operations arise out of the same transaction or occurrence." 21, paragraph 19. Plaintiff supports this point with a declaration from Plaintiff's CIO indicating that, after analyzing each of the e-commerce stores operating under the Seller Aliases, and after undertaking additional investigation as part of its pre-filing investigation, Plaintiff determined that "100% of the counterfeit products offered and sold by defendants are identical to the products manufactured by Defendant Jiangxi Liubao Technology Co., Ltd (Doe Defendant #3)." [14-1] at 2. Plaintiff also establishes, via declaration, that "96% of the Defendants are confirmed to be based in China, 63% of the Defendants share the same packaging designs with other defendants (note: some products shipped without product gift boxes), and 75% of the Defendants use the shared set of listing photos that are not generated by Plaintiff." Id. And Plaintiff submitted screenshot evidence to bolster these representations. These submissions support the joinder of Defendants in this single action, and Plaintiff may proceed on the second amended complaint 20, 21. The Court thus grants Plaintiff's motions for leave to seal 19 and for leave to file excess pages 22, and strikes the 10/9/24 Notice of Motion date is stricken. The Court takes under advisement Plaintiff's motion for a temporary restraining order 23 pending submission of a proposed order. Mailed notice
原告提交TRO申请NOTICE of Motion by James Edward Judge for presentment of motion for temporary restraining order 23, motion for leave to file excess pages 22, motion for leave to file 19 before Honorable John Robert Blakey on 10/9/2024 at 11:00 AM.
原告提交TRO申请SEALED DOCUMENT by Plaintiff AP Pty Ltd. Brief in Support of Plaintiff's Second Renewed Ex Parte Motion for Entry of a Temporary Restraining Order
原告提交TRO申请MOTION by Plaintiff AP Pty Ltd. for temporary restraining order
原告提交TRO申请MOTION by Plaintiff AP Pty Ltd. for leave to file excess pages
SEALED DOCUMENT by Plaintiff AP Pty Ltd. Second Amended Complaint Unredacted (Attachments: # (1) Exhibit 1, # (2) Schedule A, # (3) Schedule B, # (4) Schedule C, # (5) Schedule D)
Second AMENDED complaint by AP Pty Ltd. against The Partnerships and Unincorporated Associations Identified in Schedule A
MOTION by Plaintiff AP Pty Ltd. for leave to file Certain Documents Under Seal
MINUTE entry before the Honorable John Robert Blakey: Plaintiff has filed an amended complaint 12 and again seeks to proceed via pseudonym. See 12, 11. Although Plaintiff now addresses its reasons for seeking to proceed in this manner, it fails to explain why the requested sealing order (which would prevent Defendants from learning that they have been sued) remains insufficient by itself to alleviate Plaintiff's concerns. Accordingly, the Court again denies Plaintiff's motion for leave to proceed under a pseudonym 11, again dismisses the complaint 12, and again dismisses the other motions identifying Plaintiff via pseudonym 15, 16. The 10/2/24 Notice of Motion date is stricken. Mailed notice
NOTICE of Motion by James Edward Judge for presentment of motion for leave to file 11, motion for leave to file excess pages 15, Sealed motion, 16 before Honorable John Robert Blakey on 10/2/2024 at 11:00 AM.
SEALED MOTION by Plaintiff AP Pty Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service
原告提交TRO申请MOTION by Plaintiff AP Pty Ltd. for leave to file excess pages
SEALED DOCUMENT by Plaintiff AP Pty Ltd. Memorandum in Support of Joinder (Attachments: # (1) Second Declaration of Plaintiff, # (2) Ex.2, # (3) Ex.3, # (4) Ex.4, # (5) Ex.5, # (6) Ex.6, # (7) Ex.7, # (8) Ex.1 Pt.1, # (9) Ex.1 Pt.2, # (10) Ex.1 Pt.3, # (11) Ex.1 Pt.4, # (12) Ex.1 Pt.5, # (13) Ex.1 Pt.6, # (14) Ex.1 Pt.7, # (15) Ex.1 Pt.8, # (16) Ex.1 Pt.9, # (17) Ex.1 Pt.10, # (18) Ex.1 Pt.11, # (19) Ex.1 Pt.12, # (20) Ex.1 Pt.13, # (21) Ex.1 Pt.14, # (22) Ex.1 Pt.15, # (23) Ex.1 Pt.16, # (24) Ex.1 Pt.17, # (25) Ex.1 Pt.18, # (26) Ex.1 Pt.19, # (27) Ex.1 Pt.20, # (28) Ex.1 Pt.21, # (29) Ex.1 Pt.22, # (30) Ex.1 Pt.23, # (31) Ex.1 Pt.24, # (32) Ex.1 Pt.25)
SEALED DOCUMENT by Plaintiff AP Pty Ltd. Unredacted First Amended Complaint (Attachments: # (1) Schedule A, # (2) Schedule B, # (3) Schedule C, # (4) Schedule D, # (5) Ex. 1)
First AMENDED complaint by AP Pty Ltd. against The Partnerships and Unincorporated Associations Identified in Schedule A
MOTION by Plaintiff AP Pty Ltd. for leave to file docuements under seal and to temporarily proceed under a pseudonym
MINUTE entry before the Honorable John Robert Blakey: Plaintiff has initiated a patent, copyright, and trademark infringement case against 267 Defendants and seeks to proceed, at least initially, via pseudonym. See 1. Plaintiff also seeks leave to temporarily seal its complaint, the "Schedule A" listing the named Defendants, and copies of Plaintiff's patents, trademarks, and certificates of copyright registration, 4. "No-name litigation is disfavored in general, and particularly in this Circuit." XYZ Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 21-CV-06471, 2022 WL 180151, at *12 (N.D. Ill. Jan. 20, 2022). The Seventh Circuit has "repeatedly voiced its disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate 'exceptional circumstances' that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Id. (citing Doe v. Vill. of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016); Doe v. Smith, 429 F.3d 706, 710 (7th Cir. 2005); Doe v. Blue Cross & Blue Shield United of Wis., 112 F.3d 869, 872 (7th Cir. 1997)). Here, Plaintiff simply filed its complaint using a pseudonym, without leave, and without any effort to justify the tactic. Yet, many cases just like this are filed every day in this District without anonymous plaintiffs, and the Court has no reason to think that the requested sealing order (which would prevent Defendants from learning that they have been sued) remains insufficient by itself to alleviate any concerns Plaintiff may have about disclosing its identity. Because Plaintiff has failed to identify itself on any of the pending pleadings, the Court dismisses the complaint 1 without prejudice and denies without prejudice the motions to seal 4, for leave to file excess pages 6, and for a TRO 7. The 8/28/24 Notice of Motion date is stricken as to all motions. If Plaintiff elects to pursue an amended complaint and revised motions, it should ensure that its pleadings provide a factual and legal basis to join 267 Defendants in a single suit. Under 35 U.S.C. § 299, "parties that are accused infringers may be joined in one action as defendants. only if-- (1) any right to relief is asserted against the parties jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences relating to the making, using, importing into the United States, offering for sale, or selling of the same accused product or process; and (2) questions of fact common to all defendants or counterclaim defendants will arise in the action. Id. § 299(a). The statute specifically provides that "accused infringers may not be joined in one action as defendants. based solely on allegations that they each have infringed the patent or patents in suit." Id. § 299(b). Similarly, joinder of multiple defendants in a single copyright or trademark infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). The initial complaint lumps all Defendants together and alleges, in a conclusory manner, that they "share unique identifiers, such as similar design elements of the infringing products offered for sale and, on information and belief, these similarities suggest that the Defendant Internet Stores share common manufacturing sources, thus establishing that the Defendants' counterfeiting and infringing operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 5 4. But the conclusion does not necessarily follow the alleged facts; it is equally possible that each online retailer set up shop in the same or similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Moreover, the complaint suggests that Plaintiff seeks to sue all of the listed Defendants for patent, trademark, and copyright infringement; yet the supporting screenshot evidence (which suggests that most Defendants infringed fewer than all three types of intellectual property) fails to support this broad assertion of all claims. See [7-5] through [7-10]. If Plaintiff pursues an amended complaint and revised motions, it should ensure that its pleadings support joinder of all Defendants and that its submissions demonstrate a likelihood of success as to each Defendant on each asserted claim. Plaintiff should also ensure that its submissions support the exercise of personal jurisdiction as to each Defendant; in this regard, the mere maintenance of a website, even a fully interactive website accessible in Illinois, remains insufficient. E.g., Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Mailed notice.
原告撤诉/结案NOTICE of Motion by James Edward Judge for presentment of Sealed motion, 7, motion for leave to file 4, motion for leave to file excess pages 6 before Honorable John Robert Blakey on 8/28/2024 at 11:00 AM.
ATTORNEY Appearance for Plaintiff AP Pty Ltd. by Zareefa Burki Flener
SEALED MOTION by Plaintiff AP Pty Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service.
原告提交TRO申请MOTION by Plaintiff AP Pty Ltd. for leave to file excess pages
SEALED DOCUMENT by Plaintiff AP Pty Ltd. Unredacted Complaint
MOTION by Plaintiff AP Pty Ltd. for leave to file Documents under Seal
ATTORNEY Appearance for Plaintiff AP Pty Ltd. by James Edward Judge
CIVIL Cover Sheet
COMPLAINT filed by AP Pty Ltd. ; Jury Demand. Filing fee $ 405, receipt number AILNDC-22366714.
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 Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1).
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 Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1).
