MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for 11/4/2025 is vacated and reset to 1/21/2026 at 8:50 AM, using call-in number 650-479-3207, access code 2305-915-8729. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 1/14/2026.
和解/判决执行进展Shen v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A
案件进展
103 条记录STATUS Report on behalf of Plaintiff Wei Shen and Defendants JMMER d.b.a Feierdun, UPGO FITNESS, SPART FITNESS, and SPARTFITNESS by Wei Shen
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The next joint status report should be more detailed regarding the progress of discovery (i.e., more specifics). The Court also sets a deadline of 12/15/2025 for completing written discovery. The telephonic status hearing set for 9/4/2025 is vacated and reset to 11/4/2025 at 9:00 AM, using call-in number 650-479-3207, access code 2305-915-8729. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 10/28/2025.
和解/判决执行进展STATUS Report (Joint) by Wei Shen
DEFAULT JUDGMENT ORDER AS TO CERTAIN DEFENDANTS signed by the Honorable Matthew F. Kennelly on 7/1/2025: Plaintiff's motion for default judgment as to certain defendants [91] is granted.
法院作出缺席判决MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for 7/3/2025 is vacated and reset to 9/4/2025 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 8/28/2025.
和解/判决执行进展STATUS Report (JOINT) by Wei Shen
MEMORANDUM motion for default judgment, [91] by Wei Shen
原告申请缺席判决MOTION by Plaintiff Wei Shen for default judgment as to Defendants HK XINGZRUI LIMITED d/b/a Outsunny Global, Haikoulonghuaquzhifangxiabaihuoshangxing(getigongshanghu) d/b/a Modern design, and Pingtandanyubaihuoshangxing d/b/a Life Supermarketone
原告申请缺席判决ATTORNEY Appearance for Counter Defendant Wei Shen, Plaintiff Wei Shen by Eric Charles Cohen
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for default judgment as to certain defendants [88] is denied, without prejudice to renewal. Plaintiff did not submit a draft order (in Word format) to Judge Kennelly's e-mail address at the time of filing the motion, contrary to the requirements clearly set out on his web page.
原告申请缺席判决MOTION by Plaintiff Wei Shen for default judgment as to Three Temu Defendants
原告申请缺席判决Statement Regarding Plaintiff's Additional Bond of $64,000 STATEMENT by Wei Shen
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the joint status report filed by plaintiff and the answering defendants and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 6/2/2025. The deadline for amending the pleadings and adding parties is 12/1/2025. Fact discovery is to be completed by 5/18/2026. Rule 26(a)(2) disclosures are due by 6/22/2026 by the party with the burden of proof on an issue, and 7/22/2026 for rebuttal reports. Expert depositions are to be completed by 8/24/2026. The deadline for filing dispositive motions is 10/23/2026. The telephonic status hearing set for 5/8/2025 is vacated and reset to 7/33/2025 at 8:55 AM, using call-in number 650-479-3207, access code 2305-915-8729. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 6/26/2025.
和解/判决执行进展REGISTRY Deposit Information form by Wei Shen. (Exhibit). (Envelope postmark 5/2/2025). (Received by mail in the Clerk's Office on 5/2/2025). (jn,)
STATUS Report on behalf of Plaintiff and Defendants JMMER d.b.a. Feierdun, UPGO FITNESS, SPART FITNESS and SPARTFITNESS by Wei Shen
ORDER: The Court notes that the order of 4/25/2025 required a deposit of $65,000. Plaintiff is directed to advise the Court by 5/5/2025 whether it intends to deposit the full amount as ordered. The Clerk is directed to accept the $64,000 bond by the plaintiff. Signed by the Honorable Matthew F. Kennelly on 5/2/2025: Mailed notice
Civil BOND in the amount of $ 64,000.00 cashiers check receipt 100019508 posted by Wei Shen
NOTICE of Voluntary Dismissal by Wei Shen of Defendant TMall, Inc.
原告撤诉/结案MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 4/25/2025. Defendants SPART FITNESS, UPGO Fitness, JMMER, SPARTFITNESS motion for bond increase [39] is granted as to the extent stated on the record. The plaintiff has until 5/2/2025 to post an increased bond of $65,000 for the preliminary injunction. The parties are directed to file a joint status report with a proposed discovery and pretrial schedule pertaining to the answering defendants by 5/2/2025. Any motion for default judgment as to certain defendants is due 5/23/2025. The case is set for a telephonic status hearing on 5/8/2025 at 8:55 a.m. 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.
原告申请缺席判决RESPONSE by Defendants JMMER, SPART FITNESS, SPARTFITNESS, UPGO Fitness to sur-reply[69]
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for extension of time [77] is granted in part; deadline for filing surreply is extended to 4/24/2025 at 5:00 PM Central Time.
PERMANENT INJUNCTION ORDER AS TO DEFENDANT TMALL, INC., signed by the Honorable Matthew F. Kennelly on 4/22/2025. All claims against defendant TMall, Inc. are dismissed pursuant to stipulation and this permanent injunction order. Mailed notice.
MOTION by Defendants JMMER, SPART FITNESS, SPARTFITNESS, UPGO Fitness for extension of time to file sur-reply
PERMANENT INJUNCTION ORDER AS TO DEFENDANT TMALL, INC., signed by the Honorable Matthew F. Kennelly on 4/17/2025. All claims against defendant TMall, Inc. are dismissed pursuant to stipulation and this permanent injunction order.
STIPULATION between Plaintiff and Defendant TMall, Inc. re Permanent Injunction and Voluntary Dismissal
原告撤诉/结案MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/11/2025. Defendants JMMER, SPART FITNESS, SPARTFITNESS, UPGO Fitness motion to strike [71] is denied. The defendants have until 4/21/2025 to file a response to the plaintiff's sur-reply. The case is set for a telephonic status hearing on 4/25/2025 at 9:05 a.m. 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.
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to strike surreply [71] will be addressed at the telephonic hearing set for 4/11/2025 at 8:55 AM.
STATUS Report on behalf of Plaintiff Wei Shen and Defendant TMall, Inc. filed by Wei Shen
MOTION by Defendants JMMER, SPART FITNESS, SPARTFITNESS, UPGO Fitness to strike sur-reply[69]
MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic status and motion hearings set for 8:50 and 9:00 AM on 4/11/2025 are all reset to 8:55 AM on that same date, using call-in number 650-479-3207, access code 2305-915-8729.
SUR-REPLY by Plaintiff Wei Shen in Opposition to Defendants' Motion to Increase Bond
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to stay [67] is granted. Motion by TMall to modify preliminary injunction [53] is terminated without prejudice as moot based on the notice of settlement between plaintiff and TMall. The telephonic motion hearing set for 4/4/2025 is vacated. A telephonic status hearing is set for 4/11/2025 at 9:00 AM. A joint status report regarding plaintiff and TMall is to be filed on 4/9/2025 unless a stipulation for dismissal is on file by that date.
法院批准初步禁令MOTION by Plaintiff Wei Shen to stay All Deadlines Pertinent to Plaintiff and Defendant TMall, Inc. and Notice of Settlement (Joint Motion)
和解/判决执行进展NOTICE of Voluntary Dismissal by Wei Shen of Defendant TEMU Store Wonfuture
原告撤诉/结案PERMANENT INJUNCTION ORDER AS TO TEMU STORE WONFUTURE, signed by the Honorable Matthew F. Kennelly on 4/3/2025.
STIPULATION by Plaintiff and Defendant Wonfuture re: Permanent Injunction
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff and one of the defendants have filed a stipulation which appears to ask the Court to impose, by agreement, a permanent injunction upon that defendant. But the parties have not provided a draft injunction order (in Word format), despite clear instructions on the assigned judge's web page requiring this. The stipulation and request are therefore stricken without prejudice to refiling upon compliance with the Court's instructions.
STIPULATION by Plaintiff and Defendant Wonfuture re: Permanent Injunction and Voluntary Dismissal
原告撤诉/结案REPLY by TMall, Inc. to response in opposition to motion, [58]
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by Jacob Zambrzycki to appear pro hac vice [59] is granted.
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-23256202.
RESPONSE by Wei Shenin Opposition to MOTION by Defendant TMall, Inc. to Modify the Preliminary Injunction to Reduce the Asset Freeze [53]
原告提交PI申请MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the joint status report filed by plaintiff and defendants JMMER, UPGO FITNESS, SPART FITNESS, and SPARTFITNESS. Deadline for supplemental response to those defendants' motion to increase bond is extended to 4/4/2025; telephonic hearing date on that particular motion is reset from 4/4/2025 to 4/11/2025 at 9:00 AM, using call-in number 650-479-3207, access code 2305-915-8729. The case remains set for a telephonic hearing on 4/4/2025 as previously ordered on the motion by defendant TMall to modify the preliminary injunction.
原告提交PI申请STATUS Report on behalf of Plaintiff, JMMER, UPGO FITNESS, SPARTFITNESS, SPART FITNESS by Wei Shen
MINUTE entry before the Honorable Matthew F. Kennelly: The minute entry of 3/11/2025 (dkt. 54) included an error and is corrected to read as follows. Response to motion by defendant TMall to modify preliminary injunction is to be filed by 3/24/2025; reply to response is to be filed by 3/31/2025. Telephonic hearing is set for 4/4/2025 at 9:00 AM, using call-in number 650-479-3207, access code 2305-915-8729.
原告提交PI申请MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendant TMall to modify preliminary injunction is to be filed by 3/24/2025; reply to response is to be filed by 3/31/2025. Telephonic hearing is set for 4/4/2025 at 9:00 AM, using call-in number 650-479-3207, access code 2305-915-8729.
原告提交PI申请MOTION by Defendant TMall, Inc. to Modify the Preliminary Injunction to Reduce the Asset Freeze
原告提交PI申请MINUTE entry before the Honorable Matthew F. Kennelly: Motion by defendant TMall Inc. for extension of time [51] is granted; response to complaint is to be filed by 4/9/2025. This does not affect any other date or deadline set by the Court.
MOTION by Defendant TMall, Inc. for extension of time to file answer regarding complaint[1]
CERTIFICATE of Service for Plaintiff's First Set of Interrogatories and Requests for Production to Defendants JMMER, UPGO FITNESS, SPARTFITNESS, and SPART FITNESS
ANSWER to counterclaim by Wei Shen
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/27/2025. Defendant UPGO Fitness motion to compel [40] is denied without prejudice as moot for the reasons stated on the record. Defendants' motion for bond increase [39] is entered and continued. The discovery requests are to be sent out by 2/28/2025. Any response to the discovery requests is to be completed by 3/14/2025. The parties are directed to meet and confer regarding the completion of discovery. A joint status report with an update on discovery is due 3/21/2025. The plaintiff is directed to file a supplemental response to the motion to increase the bond [39] by 3/28/2025. The case is set for a telephonic status and motion hearing on 4/4/2025 at 9:00 a.m. The following call-in number will be used for the hearings: 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.
REPLY by JMMER, SPART FITNESS, SPARTFITNESS, UPGO Fitness to response in opposition to motion, [46]
RESPONSE by Wei Shenin Opposition to MOTION by Defendants SPART FITNESS, UPGO Fitness, JMMER, SPARTFITNESS for bond increase [39]
RESPONSE by Plaintiff Wei Shen to motion to compel[40]
ANSWER to Complaint, COUNTERCLAIM filed by SPART FITNESS, JMMER, SPARTFITNESS, UPGO Fitness against Wei Shen. by SPART FITNESS, JMMER, SPARTFITNESS, UPGO Fitness
STIPULATION Extending Time for Defendant TMall, Inc. to Answer Plaintiff's Complaint
STATUS Report by SPART FITNESS, Wei Shen, UPGO Fitness, JMMER, SPARTFITNESS
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion for bond increase [39] and motion to compel notice [40] is to be filed by 2/14/2025; reply to response is to be filed by 2/21/2025. (On the latter motion, however, the Court strongly encourages plaintiff's counsel to promptly contact Walmart as requested.) Telephonic hearing is set for 2/27/2025 at 9:10 AM. In addition, at the Court's instance, the telephonic status hearing set for 2/12/2025 is vacated and reset to 2/27/2025 at 9:10 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729.
MOTION by Defendant UPGO Fitness to compel notice of Walmart
MOTION by Defendants SPART FITNESS, UPGO Fitness, JMMER, SPARTFITNESS for bond increase
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of time [37] is granted; the deadline for filing a joint status report with a proposed discovery and pretrial schedule is extended to 2/5/2025. The telephonic status hearing set for 1/24/2025 is vacated and reset to 2/12/2025 at 9:00 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729.
MOTION by Plaintiff Wei Shen for extension of time to file joint status report
SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A
MINUTE entry before the Honorable Matthew F. Kennelly: The Clerk is directed to unseal all documents that were previously under seal. 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 12/20/2024: Mailed notice.
MAILED patent report to Patent Trademark Office, Alexandria VA
PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 12/17/2024. Mailed notice.
法院批准初步禁令DECLARATION of Jun Zhao regarding memorandum[26], Amended
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SPART FITNESS
ATTORNEY Appearance for Defendant SPART FITNESS by Adam Edward Urbanczyk
MINUTE entry before the Honorable Matthew F. Kennelly: Video motion hearing held on 12/16/2024. Oral ruling made on the plaintiff's ex parte motion to extend the sealed temporary restraining order [11]. Plaintiff's ex parte motion to extend the sealed temporary restraining order [11] is granted for the reasons stated on the record. The parties are directed to send a proposed preliminary injunction order by 12:00 p.m. on 12/17/2024. The case is set for a telephonic status hearing on 1/24/2025 at 8:55 a.m. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. The parties are directed to file a joint status report with a proposed discovery and pretrial schedule by 1/17/2025. The joint status report shall also include any updates on settlement discussions. Mailed notice.
法院批准TROATTORNEY Appearance for Defendants UPGO Fitness, JMMER, SPARTFITNESS by Brian Swift
EXHIBIT by Defendants UPGO Fitness, JMMER, SPARTFITNESS regarding Response 15, memorandum 26
MEMORANDUM by JMMER, SPARTFITNESS in opposition to TRO extension, Joining [Dkt. 10]
DECLARATION of Siyu Shen regarding declaration[17] Amended
DECLARATION of Jingjin Qi regarding memorandum, [10] Amended
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by SPARTFITNESS
ATTORNEY Appearance for Defendant SPARTFITNESS by Adam Edward Urbanczyk
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by UPGO Fitness, JMMER
REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $405, receipt no. CILNDC-22746190.
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic preliminary injunction hearing held on 12/10/2024. The motion to extend the sealed temporary restraining order [11] is set for oral argument by video on 12/16/2024 at 2:30 p.m. The Court will send out the video conference invitation a few days in advance of the hearing. The Temporary Restraining Order is extended through 12/17/2024 due to good cause being shown. Mailed notice.
原告提交TRO申请REQUEST for Clerk of Court to refund filing fee in the amount of $405, receipt no. CILNDC-22746190, regarding complaint[1]
DECLARATION of Siyu Shen regarding memorandum, [10]
ATTORNEY Appearance for Defendant JMMER by Adam Edward Urbanczyk
RESPONSE by Plaintiff Wei Shen to memorandum, [10]
CHECK BOND in the amount of $ 1000.00 posted by Rcpt. No: 100013983 Wei Shen
MINUTE entry before the Honorable Matthew F. Kennelly: Motion by John Handy to appear pro hac vice [12] is granted. The telephonic hearing set for 12/10/2024 (regarding extension of the ex parte TRO or entry of a preliminary injunction) will proceed as scheduled because at least one defendant has filed an appearance of counsel.
原告提交TRO申请MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22812336.
MEMORANDUM order on motion for temporary restraining order, set deadlines/hearings, [7], SEALED Order[8] by UPGO Fitness re: opposition to extension of TRO or Preliminary Injunction
原告提交TRO申请BOND in the amount of $ 1,000, Cashier's Check, Receipt No. 100013975 posted by Wei Shen
ATTORNEY Appearance for Defendant UPGO Fitness by Adam Edward Urbanczyk
SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 11/26/2024.
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's ex parte motion for entry of a temporary restraining order is granted 4. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 12/10/2024 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Any motion for preliminary injunction or motion to extend the TRO must be filed by 12/6/2024. 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 plaintiff should take steps to promptly serve the defendants with summons. If plaintiff waits until too close to the preliminary injunction hearing date to serve summons the Court may deny entry of a preliminary injunction due to inadequate notice of the lawsuit. Mailed notice.
法院批准TROSEALED DOCUMENT by Plaintiff Wei Shen (Complaint)
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 2 is granted. Plaintiff is directed to file a complete copy of the complaint, including all exhibits, under seal. The Court will assess plaintiff's motion for entry of an ex parte temporary restraining order after it is able to review a complete and unredacted copy of the complaint and its exhibits.
法院批准TROMOTION by Plaintiff Wei Shen for temporary restraining order
原告提交TRO申请AO120 by Wei Shen
MOTION by Plaintiff Wei Shen for leave to file certain documents under seal
COMPLAINT filed by Wei Shen; Jury Demand. Filing fee $ 405, receipt number AILNDC-22746416.
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 M. David Weisman. Case assignment: Random assignment. (Civil Category 1).
