MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for jurisdictional discovery [49] and defendants' motion to dismiss for lack lack of personal jurisdiction [40] are set for a telephonic hearing on for 1/6/2025 at 9:20 AM, using call-in number 650-479-3207, access code 2305-915-8729. The Court notes with respect to the motion to dismiss that defendants do not appear to address the evidence cited by the plaintiff reflecting that plaintiff's investigators ordered the allegedly infringing from each of the moving defendants, entered a legitimate Illinois address for shipping, paid for the product, received an order confirmation. It would appear that this, together with the other facts cited by plaintiff to support jurisdiction, is sufficient to establish personal jurisdiction even if the defendant did not actually send the product after confirming the order. If so, then the Court questions whether the motion to dismiss requires briefing or instead should be denied on its face. Counsel should be prepared to address this at the 1/6/2025 hearing.
Hallmark Licensing, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
案件进展
55 条记录DECLARATION of Rachel S. Miller regarding motion for discovery[49]
MOTION by Plaintiff Hallmark Licensing, LLC for discovery jurisdictional
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to dismiss filed by certain defendants [40] is taken under advisement. Plaintiff's response is due by 1/10/2025; defendants' reply is due by 1/24/2025. Telephonic hearing, unless deemed unnecessary by the Court, is set for 2/7/2025 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729.
DEFAULT JUDGMENT (as to certain defendants) signed by the Honorable Matthew F. Kennelly on 12/20/2024: Motion for entry of default judgment as to certain defendants [43] is granted.
法院作出缺席判决CONSENT JUDGMENT (as to certain defendants) signed by the Honorable Matthew F. Kennelly on 12/20/2024: Motion for entry of consent judgment as to certain defendants [42] is granted.
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[44]
MEMORANDUM by Hallmark Licensing, LLC in support of motion for entry of default, motion for default judgment[43]
原告申请缺席判决MOTION by Plaintiff Hallmark Licensing, LLC for entry of default, MOTION by Plaintiff Hallmark Licensing, LLC for default judgment as to certain Defendants
原告申请缺席判决MOTION by Plaintiff Hallmark Licensing, LLC to approve consent judgment as to certain Defendants
NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain Defendants
MOTION by Defendants GUOJIJUYE Co.Ltd, HANCI Co.Ltd, MINGKU Co.Ltd, YUANYI Co.Ltd to dismiss for lack of jurisdiction
ATTORNEY Appearance for Defendants GUOJIJUYE Co.Ltd, HANCI Co.Ltd, MINGKU Co.Ltd, YUANYI Co.Ltd by He Cheng
NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to certain defendants
NEW PARTIES: Fuzhou Qichuang Crafts Co., Ltd., Hangzhou Ultron Digital & Technology Co., Ltd., Jiangsu Aurora International Trade Co., Ltd., Jiangxi Kaishun Garments Imp.& Exp. Co., Ltd., Nanchang Weitai Clothing Co., Ltd., Wuhan Lulu Tech Co., Ltd., Xiamen Melody Art & Craft Co., Ltd., Yiwu Chenwang Trading Co., Ltd., Zhengzhou Guancheng Hui District Xirun Department Store, Mettiage Store, QZA96 Store, QZZ Coffee Mug Store, Shop1103615792 Store, Shop1103669924 Store, Vogue Zone Store, 7-12 days to arrive, A14X1EU4RS46EX, Aicong Home Decoration, AquaVibe Business, Chanhuina_1, DANDSTORE, FENGNI US, GleefulSox, junbaobao, JXAFD, Kuyu, LIJAN STORT, NatseekgoSTORE US, NNfine, NN-Freedom, Notafraid, QifuUS, quanwei86522, shanghaishengchaowujinsuliaoyouxiangongsi, tikeri, Wanunu Store, XEXOAQ Womens Shop, Xiamen Jimei district Qin Wange trading firm, yangguang655, yantaiyuanhengshipinyouxiangongsi, Yifang E-commerce Co., Ltd, yirandedian, YORAURT Women Clothes Store, YouthShop-US, YuLianStore, cow03, even_colored_candy1, kam_wo_court1, time_brocade, hey_redstuffs, polla7793, wedgwooay, Chanchengyunweishe, CONG TY TNHH GBAM, Department stores, FCEGRHHREGEG, finefashion68, GLNaiStore LLC, GUOJIJUYE Co.Ltd, HANCI Co.Ltd, JiangXiRaoXinLaJiChuLiYouXianGongSi, jinanningboxinxikeji, jiuwulanguanglvyekeji, lalaxiaohumaoyi, lixiaoyu, LYBALYBO, MINGKU Co.Ltd, NaHanVN LTD, Pethouse, PQ EMBROIDERY COMPANY LIMITED, SH SAI GON, SKYXHS, TaiYuanJiFaXinXiKeJi, TangShanShiZuoMingMaoYiYouXianGongSi, U like them, XHMW.COT, xingguangcai, XINWUYOU Co.Ltd, YUANYI Co.Ltd and hjfhikj1256 added to case caption.
PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 12/3/2024. Mailed notice.
法院批准初步禁令MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 12/3/2024. Plaintiff's motion for preliminary injunction 28 is granted. Preliminary injunction order to follow. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and Crain, Ltd. is ordered to add all defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The case is set for a telephonic status hearing on 2/7/2025 at 8:55 a.m. The plaintiff is directed to file a status report on 1/30/2025. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.
法院批准初步禁令MINUTE entry before the Honorable Matthew F. Kennelly: Based on plaintiff's response filed on today's date, the Court resets the 11/27/2024 preliminary injunction hearing to 12/3/2024 at 8:55 AM, to give the defendants, who have now been served with process, a sufficient opportunity to appear and respond. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The response shows good cause for a further brief extension of the temporary restraining order, so the temporary restraining order is extended through 12/3/2024.
RESPONSE by Plaintiff Hallmark Licensing, LLC to order on motion for preliminary injunction, terminate motions, [32]
原告提交PI申请MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction [28] is denied without prejudice. The Court issued an ex parte temporary restraining order on 11/1/2024 and extended it on 11/13/2024. Both times the Court advised plaintiff that it had to promptly serve the defendants with summons via the electronic method(s) the Court had approved and advised defendant that if it waited until too close to the preliminary injunction hearing to serve the defendants the Court could deny entry of a preliminary injunction. Despite this it appears that the plaintiff waited until 11/22/2024--just 3 business days before the preliminary injunction hearing--to serve the defendants. The delay is not explained in the plaintiff's submission. The complaint describes the defendants as overseas entities. In the Court's view, three business days' notice of the filing of the complaint does not provide the defendants with sufficient time to defend against entry of a preliminary injunction. The motion is therefore denied without prejudice due to inadequate notice. Plaintiff seeks in the alternative a further extension of the temporary restraining order. But because plaintiff has made no effort to explain the delay in service of summons it has not in the Court's view shown good cause for a further extension. The telephonic status hearing set for 11/27/2024 remains in place.
原告提交TRO申请SUMMONS Returned Executed by Hallmark Licensing, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/22/2024, answer due 12/13/2024.
DECLARATION of Rachel S. Miller regarding memorandum in support of motion[29]
MEMORANDUM by Hallmark Licensing, LLC in support of motion for preliminary injunction[28]
原告提交PI申请MOTION by Plaintiff Hallmark Licensing, LLC for preliminary injunction
原告提交PI申请NOTICE of Voluntary Dismissal by Hallmark Licensing, LLC as to Certain Defendants
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of the temporary restraining order [22] is granted; the ex parte temporary restraining order entered by the Court on 11/1/2024 is extended through 11/27/2024. The telephonic preliminary injunction hearing for 11/15/2024 is vacated and reset to 11/27/2024 at 9:15 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO must be filed by 11/22/2024. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition the Court notes that it does not appear that plaintiff has yet served the defendants with summons. The Court continues to reserve the right to deny entry of a preliminary injunction if plaintiff waits until too close to the preliminary injunction hearing to serve process electronically.
法院批准TRODECLARATION of Rachel S. Miller regarding memorandum in support of motion[23]
MEMORANDUM by Hallmark Licensing, LLC in support of extension of time[22]
MOTION by Plaintiff Hallmark Licensing, LLC for extension of time of Temporary Restraining Order
原告提交TRO申请SURETY BOND in the amount of $ 10,000.00 posted by Hallmark Licensing, LLC
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A
Registry Deposit Information Form by Hallmark Licensing, LLC
SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 11/1/2024.
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 3 and motion for electronic service of process 16 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order 11 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 11/15/2024 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Motion for preliminary injunction or motion to extend TRO must be filed by 11/12/2024. Any motion for preliminary injunction filed hereafter in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition the Court reserves the right to deny entry of a preliminary injunction if plaintiff waits until too close to the preliminary injunction hearing to serve process electronically. Mailed notice.
法院批准TRODECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]
MEMORANDUM by Hallmark Licensing, LLC in support of motion for miscellaneous relief[16]
MOTION by Plaintiff Hallmark Licensing, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Exhibit 3 - Parts 1-2 regarding declaration[14]
DECLARATION of Stacey Howe regarding memorandum in support of motion[12]
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]
MEMORANDUM by Hallmark Licensing, LLC in support of motion for temporary restraining order[11]
原告提交TRO申请MOTION by Plaintiff Hallmark Licensing, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
原告提交TRO申请ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Jennifer Van Nacht
ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Rachel S Miller
ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Amy Crout Ziegler
ATTORNEY Appearance for Plaintiff Hallmark Licensing, LLC by Justin R. Gaudio
Notice of Claims Involving Trademarks by Hallmark Licensing, LLC
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hallmark Licensing, LLC
CIVIL Cover Sheet
MOTION by Plaintiff Hallmark Licensing, LLC for leave to file under Seal
SEALED EXHIBIT by Plaintiff Hallmark Licensing, LLC Schedule A regarding complaint[1]
COMPLAINT filed by Hallmark Licensing, LLC ; Filing fee $ 405, receipt number AILNDC-22654175.
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 Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2).
