JUDGMENT Order Signed by the Honorable John J. Tharp, Jr on 3/17/2025. Mailed notice
XYZ Co., Ltd. v. The Partnerships, and Unincorporated Associations Identified On Schedule A
案件进展
21 条记录MINUTE entry before the Honorable John J. Tharp, Jr:In light of the plaintiff's failure to comply with the Court's order 19 to file an executed return of summons by 3/12/25, and in light of the absence of any evidence that any defendant has been properly and timely served, this case is dismissed without prejudice. All future dates and deadlines are stricken; all pending motions are denied as moot. Civil case terminated. Enter Judgment Order. Mailed notice
案件结案MINUTE entry before the Honorable John J. Tharp, Jr: The Court observes that the 90-day deadline for serving defendants under Federal Rule of Civil Procedure 4(m) expired on November 20, 2024. Assuming service has been effectuated, plaintiff is directed to file an executed return of summons on the docket by 3/12/25, demonstrating that service as to each defendant has been completed in a manner than complies with Rule 4. Failure to do so will result in the dismissal of this case. 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
ORDER Signed by the Honorable John J. Tharp, Jr on 11/22/2024: For the reasons set forth below, Plaintiff's motion for a temporary retraining order 14 isdenied. Mailed notice
MOTION by Plaintiff Shenzhen Kashameiya Industrial Co., Ltd. for temporary restraining order
原告提交TRO申请MINUTE entry before the Honorable John J. Tharp, Jr:The motion to seal 12 is granted. The plaintiff's motion for TRO 10 is denied without prejudice. The Court notes that the screenshots for multiple defendants do not demonstrate that the allegedly infringing products are being offered for sale in Illinois (e.g., defs. nos. 1-4, 7-10, 13-14). That evidence of purposefully directed activities is the bare minimum for establishing personal jurisdiction in Schedule A cases. See NBA Properties, Inc. v. HANWJH, 46 F.4th 614 (7th Cir. 2022), cert. denied, 143 S. Ct. 577 (2023). In addition, the plaintiff is ordered to file a supplement to its motion that includes (1) a listing of all prior online trademark, copyright, or patent infringement cases (also known as "Schedule A" cases) filed in any court in the United States in which it was a plaintiff, (2) a listing of any of the defendants included in the Schedule A in this case that the plaintiff has previously named as a defendant in any prior complaint or Schedule A case, (3) a certification that the plaintiff has not used any of the screenshot evidence supplied in support or its motion in any prior proceeding. The plaintiff may file a renewed motion for a TRO, along with any amended exhibits needed to cure these defects, by 11/12/24. Mailed notice
法院批准TROMOTION by Plaintiff Shenzhen Kashameiya Industrial Co., Ltd. to seal Exhibit 2-1 to 2-25
MOTION by Plaintiff Shenzhen Kashameiya Industrial Co., Ltd. for temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery
原告提交TRO申请SEALED DOCUMENT by Plaintiff Shenzhen Kashameiya Industrial Co., Ltd. Amended Complaint
MAILED Copyright Request Letter to Plaintiff's counsel.
MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to seal and to proceed under a pseudonym 3 is granted and denied in part. The motion to temporarily proceed under a pseudonym is denied. The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires the plaintiff to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical "Schedule A" online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21-CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing a sealed schedule A, "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The plaintiff's motion identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, the plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 8/23/2024. However, the motion to file under seal is granted. As such, the plaintiff's unredacted Schedule A 6, which has been temporarily sealed, is permitted to remain under seal. The plaintiff is further permitted to file an unredacted version of the complaint, including the corresponding exhibits, under seal. Mailed notice
Schedule A by XYZ Co., Ltd.
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 J. Tharp, Jr. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3).
CIVIL Cover Sheet
MEMORANDUM by XYZ Co., Ltd. in support of motion to seal 3
MOTION by Plaintiff XYZ Co., Ltd. to seal
ATTORNEY Appearance for Plaintiff XYZ Co., Ltd. by Huicheng Zhou
COMPLAINT filed by XYZ Co., Ltd.; Filing fee $ 405, receipt number BILNDC-22368499.
NEW PARTIES: The Partnerships, and Unincorporated Associations identified on Schedule A added to case caption.
