2021-cv-06607

COMPLAINT filed by Shenzhen Dejiayun Network Technology Co., Ltd.; Jury Demand. Filing fee $ 402, receipt number 0752-18955482.

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Declaration Declaration of L. Ford Banister, II

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Declaration Declaration of L. Ford Banister, II

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Declaration Fengnuan Wang

Declaration Declaration of L. Ford Banister, II

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Declaration Declaration of L. Ford Banister, II

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Declaration of Chenxi Li

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Declaration of Weidong Li

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Declaration Declaration of L. Ford Banister, II

Declaration of Yao Ge

Declaration Declaration of L. Ford Banister, II

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Declaration of Daniel Konieczny

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CIVIL Cover Sheet

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Declaration Siyao Li

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Declaration Quanmiao Zhu

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Declaration of Hua Chen

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SEALED DOCUMENT by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. (Schedule A)

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Declaration Suyou Long

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ATTORNEY Appearance for Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. by Larry Ford Banister, II

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Declaration Liuru Chen

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CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (Text entry; no document attached.)

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. (Text entry; no document attached.)

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (Text entry; no document attached.)

NEW PARTIES: belonrro, Fabric Horse Inc, Flooppu Inc, Grande vente, Homgood, Koneni, LiveinBy, Looling, MAINLINE TRADING, INC., Mattress World Group LLC, MCKESONYRAS, Moioshade, One Hill Inc, Teton Mountaineering, Sonceds Trade Corp, Spring Ocean Inc., T-USA, tonighthere, Trail Mount Chander Inc, Vanfss Group Inc, Vning, Woolen Velvet, XNXCMY, JANDEL, LAMODE, YUCVELP Outlets, CEHONMS, KWDZ and Kilkwhell added to case caption. (Text entry; no document attached.)

SEALED DOCUMENT by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. Amended Schedule A

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MAILED trademark report to Patent Trademark Office, Alexandria VA

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MAILED to plaintiff(s) counsel Lanham Mediation Program materials

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DECLARATION of JIALING DENG

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DOCUMENT by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. Exhibits Two and Three to the Declaration of Jialiang Deng [Doc. 8] Modified on 2/11/2022.

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SEALED DOCUMENT by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. Second Amended Schedule A

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MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to seal document sealed document 5, sealed document 10, sealed document 3, sealed document 9

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ATTORNEY Appearance for Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. by Charles Edward McElvenny

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MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for Electronic Service of Process Pursuant to Fed.R.Civ.P. 4(f)(3)

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MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint and Expedited Discovery

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NOTICE of Motion by Larry Ford Banister, II for presentment of motion for miscellaneous relief 13, motion to seal document 11, motion for temporary restraining order, 14 before Honorable Charles P. Kocoras on 12/21/2021 at 09:30 AM.

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MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file under seal 11 is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, temporary asset restraint, and expedited discovery 14 is granted. Plaintiff's motion for electronic service of process pursuant to FED.R.CIV. P. 4(f)(3) 13 is granted. Motion hearing set for 12/21/2021. Mailed notice

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SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Charles P. Kocoras on 12/20/2021. Mailed notice

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MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time PLAINTIFF'S EX PARTE MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER [Doc. 17]

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NOTICE of Motion by Larry Ford Banister, II for presentment of extension of time 18 before Honorable Charles P. Kocoras on 1/4/2022 at 09:30 AM.

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MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's ex parte motion to extend the temporary restraining order until 1/17/2022 18 is granted. Motion hearing set for 1/4/2022 is stricken. Mailed notice

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Registry Deposit Information Form filed by Shenzhen Dejiayun Network Technology Co., Ltd.

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MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for preliminary injunction and Incorporated Memorandum of Law

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NOTICE of Motion by Larry Ford Banister, II for presentment of motion for preliminary injunction 22 before Honorable Charles P. Kocoras on 1/18/2022 at 09:30 AM.

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CERTIFICATE of Service by Larry Ford Banister, II on behalf of Shenzhen Dejiayun Network Technology Co., Ltd. regarding MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for preliminary injunction and Incorporated Memorandum of Law 22, notice of motion 23

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MINUTE entry before the Honorable Charles P. Kocoras: Motion hearing set for 1/18/2021 is stricken. Court will rule by mail. Mailed notice

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SUMMONS Returned Executed by Shenzhen Dejiayun Network Technology Co., Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/12/2022, answer due 2/2/2022.

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PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Charles P. Kocoras on 1/24/2022. Plaintiff's Motion for entry of a preliminary injunction 22 is granted. Law Offices of Charles E. McElvenny is hereby 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 www.ilnd.uscourts.gov/instructions. Mailed notice

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ATTORNEY Appearance for Movant Walmart, Inc. by Bethany Kaye Biesenthal

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ATTORNEY Appearance for Movant Walmart, Inc. by Robert Fitzpatrick Hart

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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Walmart, Inc.

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MOTION by Movant Walmart, Inc.to Modify Preliminary Injunction

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EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Manish S. Shah for all further proceedings. Honorable Charles P. Kocoras no longer assigned to the case. Signed by Executive Committee on 01/31/2022.

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MINUTE entry before the Honorable Manish S. Shah: Walmart's motion to modify the preliminary injunction 31 is granted in part, entered and continued in part. The court modifies the injunction to extend the deadlines imposed by paragraphs 4(a) through (c) on Walmart to 60 days. The court is inclined to limit the asset freeze to an amount approximating the potential damages award in a case like this (plaintiff is not entitled to a freeze of any more than it might recover). Plaintiff shall file a written response to the motion by 2/11/22. No reply is permitted unless requested by the court. The court will either rule on the motion by cm/ecf or convene a telephone conference. In its response, plaintiff must explain why it used the name and address of "Bannister Enforcement, 219 S. Dearborn St., Chicago, IL 60604" in its investigation of defendants. See [9-1] at 8. The court is troubled by the (false) use of the courthouse address in private enforcement activities.

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MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for default judgment as to Defaulting Defendants and Incorporated Memorandum of Law

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MINUTE entry before the Honorable Manish S. Shah: A telephone hearing on plaintiff's motion for entry of default judgment 34 is set for 2/15/2022 at 09:30 AM. Members of the public, media, and parties to the case may listen/participate in the hearing on 2/15/22 by dialing 1-888-204-5984 and using access code 9146677. 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.

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CERTIFICATE of Service by Larry Ford Banister, II on behalf of Shenzhen Dejiayun Network Technology Co., Ltd. regarding MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for default judgment as to Defaulting Defendants and Incorporated Memorandum of Law 34, set/reset hearings, text entry, 35

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ATTORNEY Appearance for Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. by Lydia Pittaway

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MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to stay regarding MOTION by Movant Walmart, Inc.to Modify Preliminary Injunction 31 Opposed

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MINUTE entry before the Honorable Manish S. Shah: The motion to stay 38 is granted in part as follows: plaintiff shall file a written response to the court's inquiry by 2/11/22 and plaintiff can respond orally to the remainder of Walmart's motion to modify the preliminary injunction at the telephone hearing on the motion for entry of default judgment. The court will also hear Walmart's objections to the motion for default judgment at the hearing on 2/15/22.

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STATEMENT IN RESPONSE TO THE COURT'S INQUIRY OF FEBRUARY 5, 2022 STATEMENT by Shenzhen Dejiayun Network Technology Co., Ltd.

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ATTORNEY Appearance for Defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets by Adam Edward Urbanczyk

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MOTION by Defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets for extension of time

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MINUTE entry before the Honorable Manish S. Shah: Telephone motion hearing held. With no objection from the plaintiff, defendants' motion for extension of time 42 is granted and those defendants must respond to the complaint by 3/7/22. Plaintiff may respond to defendant Walmart's motion to modify preliminary injunction 31 by 2/22/22. No reply is necessary. Other than the defendants referenced in 42, no defendants appeared for the hearing on the motion for default judgment. The court will enter a ruling on plaintiff's motion for default judgment 34 via cm/ecf. Notices mailed.

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MINUTE entry before the Honorable Manish S. Shah: The motion for entry of default judgment 34 is granted. The Defaulting Defendants did not respond to or appear at the hearing. Based on the evidence submitted in support of the temporary restraining order and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's intellectual property irreparably harms plaintiff and confuses the public. The infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants, the value of the plaintiffs' brands (measured in part by plaintiff's representation of its total annual revenue of approximately $200,000), and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $50,000 per defendant is an appropriate award of statutory damages. Enter Default Judgment Order. Notices mailed.

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DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 2/17/2022. Notices mailed.

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TRANSCRIPT OF PROCEEDINGS held on 02/15/22 before the Honorable Manish S. Shah. Order Number: 42659. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/11/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 5/19/2022.

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MEMORANDUM by Shenzhen Dejiayun Network Technology Co., Ltd. in Opposition to motion for miscellaneous relief 31

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MINUTE entry before the Honorable Manish S. Shah: Walmart's motion to modify the preliminary injunction 31 is denied. The preliminary injunction has largely been superseded by the default judgment order, but remains in place against five defendants. Walmart's chief complaint is in the scope of the asset freeze, but the court is not persuaded that the asset freeze imposes an unreasonable burden on Walmart. Asset freezes are extraordinary remedies, not to be used as a damages-collection tool, and limited to the goal of an accounting of profits from infringement. But freezing the remaining defendants' accounts is, on balance, still necessary to preserve plaintiff's interest in accounting for the profits. If the defendants came forward with evidence that the frozen accounts are not necessary to an accounting, this court would lift the freeze. But Walmart has not presented persuasive evidence that the injunction (what's left of it) harms Walmart. The balance of harms continues to favor plaintiff, and although Walmart seems to have had limited opportunity to be heard before the entry of the injunction, it has now been fully heard; any procedural hiccup in the entry of the preliminary injunction was harmless. Notices mailed.

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ANSWER to Complaint, COUNTERCLAIM filed by Grande vente, MCKESONYRAS, LAMODE, YUCVELP Outlets, T-USA against Shenzhen Dejiayun Network Technology Co., Ltd. by Grande vente, MCKESONYRAS, LAMODE, YUCVELP Outlets, T-USA

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MINUTE entry before the Honorable Manish S. Shah: Plaintiff and the remaining five defendants shall exchange initial disclosures under Rule 26(a)(1) by 4/8/22. All fact discovery must be noticed in time for completion by 9/8/22, and any requests to amend the pleadings must be made by 7/14/22. An agreed proposed confidentiality order may be submitted by email to proposed_order_shah@ilnd.uscourts.gov. The parties shall file a joint status report on discovery progress on 5/4/22. The court understands that the parties were in settlement discussions. Given counsel's familiarity with these types of cases, the court expects the parties to exhaust their discussions soon and proceed to litigate the case on the merits; extensions of the case schedule are not likely to be granted absent a strong showing of good cause. Notices mailed.

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MOTION by Defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets to Modify Preliminary Injunction Order OPPOSED

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MINUTE entry before the Honorable Manish S. Shah: Plaintiff's response to the motion to modify the preliminary injunction order 51 is due 3/24/22. Defendants' reply is due 3/31/22. The court will issue a ruling via cm/ecf. Notices mailed.

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MEMORANDUM by Shenzhen Dejiayun Network Technology Co., Ltd. in Opposition to motion for miscellaneous relief, 51

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SUPPLEMENT to memorandum in opposition to motion 53 Unreported Cases

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First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. Opposed as to Counterclaim [Doc. 49 at 20-24]

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MINUTE entry before the Honorable Manish S. Shah: The motion to modify the preliminary injunction 51 is granted in part. The asset restraint on defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, and YUCVELP Outlets is modified to be limited to $50,000 per defendant. Asset restraints, like all preliminary injunctions, are extraordinary, and although defendants' evidence is of disputed authenticity, the court concludes that it is unlikely that plaintiff will establish lost profits greater than $50,000 per defendant. A more limited restraint will still allow for an accounting while reducing the intrusiveness of extraordinary relief. Defendants' response to the motion to dismiss counterclaims 55 is due 4/18/22 and plaintiff's reply is due 5/2/22. The court will rule by cm/ecf. Discovery on the counterclaims is not stayed. All fact discovery must be noticed in time for completion by 9/8/22, and the parties' discovery progress report remains due 5/4/22. Notices mailed.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Dejiayun Network Technology Co., Ltd.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. to strike answer to complaint, counterclaim, 49, MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. to compel Filing of Affiliate Disclosures

MEMORANDUM by Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets in Opposition to Motion to Dismiss for Failure to State a Claim 55

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Grande vente, LAMODE, MCKESONYRAS, YUCVELP Outlets

NOTICE by Bethany Kaye Biesenthal of Change of Address

NOTICE by Robert Fitzpatrick Hart of Change of Address

REPLY by Shenzhen Dejiayun Network Technology Co., Ltd. to memorandum in opposition to motion 59

STATUS Report JOINT by Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. for protective order Joint Motion for Entry of Confidentiality Order

MINUTE entry before the Honorable Manish S. Shah: The parties' Joint Motion for Entry of Confidentiality Order 65 is granted. Enter Confidentiality Order. Mailed notice.

AGREED Confidentiality Order. Signed by the Honorable Manish S. Shah on 6/7/2022. Mailed notice.

ORDER. Signed by the Honorable Manish S. Shah on 8/2/2022: The motion to dismiss, 55, is granted. The counterclaims are dismissed without prejudice. Any amended counterclaims that attempt to cure the deficiencies in the original ones must be filed by 8/17/22. The parties shall file a status report on discovery progress and with any proposals for dispositive motion practice by 8/24/22. The motion to compel filing of affiliate disclosures or, in the alternative, to strike defendants' answers to plaintiff's complaint, 58, is terminated as moot. [For further detail see attached order.] Notices mailed.

First Amended COUNTERCLAIM filed by MCKESONYRAS, YUCVELP Outlets, T-USA, Grande vente, LAMODE against Shenzhen Dejiayun Network Technology Co., Ltd.

FULL SATISFACTION of Judgment in the amount of 50,000

STATUS Report (Joint) (As per Doc. 68) by Shenzhen Dejiayun Network Technology Co., Ltd.

MINUTE entry before the Honorable Manish S. Shah: Fact discovery closes on 9/8/22. Plaintiff's motion to dismiss the amended counterclaim is due 9/7/22, defendants' response is due 9/28/22, and plaintiff's reply is due 10/12/22. The court will rule by cm/ecf, and set deadlines for expert discovery and dispositive motions after it rules on the forthcoming motion to dismiss. Notices mailed.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time to Submit Discovery Motions and to Answer or Otherwise Respond to Defendants' Counterclaim (Agreed)

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 73 is granted. Any discovery motions must be filed by 9/22/22 and plaintiff's response to the amended counterclaim is due 9/28/22. Fact discovery closes on 9/8/22, with the exception of any issues to be resolved by discovery motion practice. Notices mailed.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time for Plaintiff to Submit Discovery Motions (Joint)

MINUTE entry before the Honorable Manish S. Shah: The motion to extend the deadline for filing discovery motions 75 is granted. Motions about discovery compliance may be filed by 9/29/22 and defendants must supplement their discovery responses by 5 p.m. Central Time 9/26/22.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. to stay regarding counterclaim, 69, MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendant Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time to file answer regarding counterclaim, 69 In the Alternative

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time to Submit Discovery Motions

MINUTE entry before the Honorable Manish S. Shah: The motions for extensions of time 77 78 are granted as follows: plaintiff's response to the first amended counterclaim is due 10/12/22, and may take the form of a first amended complaint, and discovery motions may be filed by 10/6/22. Notices mailed.

DECLARATION of L. Ford Banister, II in Support of Motion to Compel

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to compel

MOTION by Defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets to strike MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to compel 81

MINUTE entry before the Honorable Manish S. Shah: Defendants shall file a response to the motion to compel by 10/20/22, and plaintiff may reply by 10/27/22. The court will rule by cm/ecf. Given the nature of this case, and the likely low dollar damages at issue, the court urges the parties to consider settlement. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: The motion to strike 82 is denied. Plaintiff acknowledged the lateness of its filing and defendant will suffer no prejudice from consideration of the motion to compel based on its late filing. Notices mailed.

First AMENDED complaint by Shenzhen Dejiayun Network Technology Co., Ltd. against Kind Right, LingLing Zou, Shenzhen City Xin Ji Duo E-commerce Co, Ltd., Shenzhen City Qi Yu E-Commerce Co, Ltd. dba YUCVELP OUTLETS

MINUTE entry before the Honorable Manish S. Shah: Defendants shall respond to the first amended complaint by 11/2/22. Notices mailed.

MOTION by Defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets for extension of time UNOPPOSED

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 87 is granted. Defendants' response to the motion to compel is now due 10/27/22 and plaintiff may reply by 11/3/22. Notices mailed.

RESPONSE by Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outletsin Opposition to MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to compel 81

ATTORNEY Appearance for Defendant Spring Ocean Inc. by Adam Edward Urbanczyk

MOTION by Defendant Spring Ocean Inc. to vacate order 45

ANSWER to amended complaint by Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets

MINUTE entry before the Honorable Manish S. Shah: Plaintiff shall respond to the motion to vacate by 11/16/22 and defendant may reply by 11/30/22. The court will rule by cm/ecf. Notices mailed.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time to file response/reply as to response in opposition to motion, 89 (Agreed)

MINUTE entry before the Honorable Manish S. Shah: Plaintiff shall respond to the motion to vacate by 11/16/22 and defendant may reply by 11/30/22. The court will rule by cm/ecf. Notices mailed.

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 94 is granted. Plaintiff's reply in support of its motion to compel is due 11/14/22. Notices mailed.

ATTORNEY Appearance for Defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets by Brian Swift

MOTION by Defendants Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets for leave to file amended answer

MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file 98 is granted. Defendants may file their amended answer as a separate entry on the docket.

Amended ANSWER to amended complaint by Grande vente, LAMODE, MCKESONYRAS, T-USA, YUCVELP Outlets

ATTORNEY Appearance for Defendant tonighthere by Adam Edward Urbanczyk

MOTION by Defendant tonighthere to vacate order 45 Opposed

REPLY by Shenzhen Dejiayun Network Technology Co., Ltd. to response in opposition to motion, 89

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's response to the motion to vacate 102 is due 11/29/22, and defendant may reply by 12/6/22. Notices mailed.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for discovery (Jurisdictional) (Opposed), MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to stay regarding MOTION by Defendant Spring Ocean Inc. to vacate order 45 91 (Unopposed)

ATTORNEY Appearance for Defendant lesaijia d/b/a Koneni by Daniel I. Konieczny

ATTORNEY Appearance for Defendant yiwuqizhong d/b/a Vning by Daniel I. Konieczny

ATTORNEY Appearance for Defendant huafu d/b/a looling by Daniel I. Konieczny

ATTORNEY Appearance for Defendant xiupinxuan d/b/a homgood by Daniel I. Konieczny

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by tonighthere

MOTION by Defendants huafu d/b/a looling, lesaijia d/b/a Koneni, xiupinxuan d/b/a homgood, yiwuqizhong d/b/a Vning to set aside default Motion to Vacate Default Judgment (Opposed)

MINUTE entry before the Honorable Manish S. Shah: Spring Ocean shall respond to the motion for jurisdictional discovery 105 by 12/2/22. The court notes that Spring Ocean acknowledges sales to Florida and New York, thus subjecting it to the jurisdiction those states' courts. Rule 4(k)(2) does not appear to apply here. Plaintiff's argument that a sale is not required for liability is not responsive to the issue of personal jurisdiction; there must be some basis to conclude that a defendant purposefully availed itself of Illinois (and this court would expect plaintiff to have that evidence by demonstrating a purchase and sale of an infringing product in Illinois). Properly identifying the defendant at issue is likely necessary to decide whether the court has jurisdiction over that defendant; Spring Ocean's response should address its compliance with Local Rule 3.2. Plaintiff may reply by 12/9/22. Plaintiff's response to the most recent motion to vacate 111 is due 12/9/22, and plaintiff may request jurisdictional discovery within its response (along with addressing the other factors for vacating a default judgment). Defendants' reply is due 12/16/22.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time to file response/reply as to motion to vacate 102 Unopposed

MINUTE entry before the Honorable Manish S. Shah: Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd.'s unopposed motion for extension of time to file response/reply as to motion to vacate 113 is granted. Plaintiff's response to Tonighthere's motion to vacate is now due 12/13/22 and tonighthere may reply by 12/27/22. The court notes that the argument that service of process was ineffective does not appear to require any discovery. Mailed notice

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by huafu d/b/a looling, lesaijia d/b/a Koneni, xiupinxuan d/b/a homgood, yiwuqizhong d/b/a Vning

MOTION by Defendant Spring Ocean Inc. for extension of time to file response/reply as to motion for discovery, motion to stay, 105

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file response/reply 116 is granted. Defendant Spring Ocean may respond to the motion for jurisdictional discovery by 12/16/22 and plaintiff's reply is due 12/30/22. Notices mailed.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by tonighthere Amended

MINUTE entry before the Honorable Manish S. Shah: vPlaintiff's motion to compel 81 is granted in part. Defendants' interrogatory responses and tangential references in their initial disclosures are not complete answers to the interrogatory. Defendants must answer the interrogatory by providing the names (in full) of the owners and the operators of the stores, financial accounts (including PayPal accounts), and email accounts. Identifying a "manager" is not sufficient. Although defendants may have adequately explained where funds were transferred and a spreadsheet of certain sales, they must still produce responsive documents memorializing the transfers and provide a formal answer that states no other documents of sales, profits, or costs exist (if true). The court limits the requests to apply only to sales of accused products, for the year 2021; that limitation is proportional to the needs of the case. The court finds that an award of fees would be unjust and declines to award fees. Compelling a more complete response grants plaintiff relief, but shifting fees (when plaintiff acknowledges making mistakes in its motion) would distort the value of this litigation and prevent the parties from resolving these kinds of disputes without court intervention. Defendants must comply by 12/30/22. Notices mailed.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time to file response/reply as to motion to set aside default, 111 Opposed

RESPONSE by huafu d/b/a looling, lesaijia d/b/a Koneni, xiupinxuan d/b/a homgood, yiwuqizhong d/b/a Vningin Opposition to MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for extension of time to file response/reply as to motion to set aside default, 111 Opposed 120

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 120 is granted. No further extension will be granted, and plaintiff must file a substantive response to the motion even if plaintiff thinks jurisdictional discovery is necessary. Plaintiff likely has enough information to articulate its opposition to the motion to vacate default, but two weeks of additional time to confer and investigate is not unreasonable. During this time, Plaintiff must notify Walmart of all accounts that have paid the full amount of the judgment awarded in this case and provide a copy of its notification to defense counsel. The asset restraint in this case is vacated for all accounts that have paid full amount awarded. Plaintiff's response to the motion 111 is now due 12/23/22 and defendants' reply is due 1/13/23. No appearance on the motion for an extension of time is necessary, but all parties are advised that motions must be noticed for in-person presentment on Judge Shah's motion call. Notices mailed.

RESPONSE by Shenzhen Dejiayun Network Technology Co., Ltd.in Opposition to MOTION by Defendant tonighthere to vacate order 45 Opposed 102

RESPONSE by Spring Ocean Inc.in Opposition to MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for discovery (Jurisdictional) (Opposed)MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to stay regarding MOTION by Defendant Spring Ocean Inc. to vacate order 45 91 (Unopposed) 105

RESPONSE by Shenzhen Dejiayun Network Technology Co., Ltd.in Opposition to MOTION by Defendants huafu d/b/a looling, lesaijia d/b/a Koneni, xiupinxuan d/b/a homgood, yiwuqizhong d/b/a Vning to set aside default Motion to Vacate Default Judgment (Opposed) 111

REPLY by tonighthere to response in opposition to motion 123

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 Executive Committee on 12/29/2022: Mailed notice.

REPLY by Shenzhen Dejiayun Network Technology Co., Ltd. to response in opposition to motion, 124

ATTORNEY Appearance for Defendants huafu d/b/a looling, lesaijia d/b/a Koneni, xiupinxuan d/b/a homgood, yiwuqizhong d/b/a Vning by Hua Chen

REPLY by Defendants Homgood, Koneni, Looling, Vning to response in opposition to motion, 125

NOTICE of Voluntary Dismissal by Shenzhen Dejiayun Network Technology Co., Ltd. as to Defendant No.s 4 (Grande Vente), 11 (MCKESONYRAS), 25 (LAMODE), and 26 (YUCVELP Outlets)

FULL SATISFACTION of Judgment in the amount of $50,000

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeremy C. Daniel; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Jeremy C. Daniel; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeremy C. Daniel's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's criminal case assignment system twelve (12) months so that Judge Daniel shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeremy C. Daniel for all further proceedings. Honorable Manish S. Shah no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/27/2023.

ATTORNEY Appearance for Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd., Counter Defendants Shenzhen Dejiayun Network Technology Co., Ltd., Shenzhen Dejiayun Network Technology Co., Ltd. by Michael Thomas Stanley

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 Executive Committee on 12/28/2023: Mailed notice.

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for leave to file Opposed Motion for Leave to File Sur-Reply as to Motion for Jurisdictional Discovery on Defendant Spring Ocean, Inc.'s Motion to Vacate Default Judgment

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for leave to file, 136 before Honorable Jeremy C. Daniel on 2/1/2024 at 09:30 AM.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spring Ocean Inc.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Motions 91, 102, 105, 111 and 136 are taken under advisement. Mailed notice

TRANSCRIPT OF PROCEEDINGS held on 02-01-2024 before the Honorable Jeremy C. Daniel. Order Number: 47928. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/28/2024. Redacted Transcript Deadline set for 3/11/2024. Release of Transcript Restriction set for 5/7/2024.

ORDER. For the reasons discussed below, Defendant Tonighthere's motion to vacate 102 is denied. Signed by the Honorable Jeremy C. Daniel on 2/15/2024. Mailed notice

ORDER. Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd.'s motion for jurisdictional discovery on Defendant Spring Ocean, Inc.'s motion to vacate default judgment 105 is denied, and its motion for leave to file a sur-reply as to its motion for jurisdictional discovery 136 is denied as moot. The plaintiff shall file its response to Spring Ocean's motion to vacate by February 29, 2024. Spring Ocean's reply is due by March 6, 2024. Signed by the Honorable Jeremy C. Daniel on 2/15/2024. Mailed notice

ORDER. The Court grants in part and denies in part the motion to vacate 111 filed by Defendants Xiupinxuan d/b/a Homgood ("Homgood"), Lesaijia d/b/a Koneni ("Koneni"), Huafu d/b/a Looling ("Looling"), and Yiwuqizhong d/b/a Vning ("Vning"). The Court grants the motion as to Homgood and Looling, and denies the motion as to Koneni and Vning. The default judgment against Homgood and Looling is vacated. The plaintiff's claims against Homgood and Looling are dismissed without prejudice. Signed by the Honorable Jeremy C. Daniel on 2/15/2024. Mailed notice

RESPONSE by Shenzhen Dejiayun Network Technology Co., Ltd.in Opposition to MOTION by Defendant Spring Ocean Inc. to vacate order 45 91 and Incorporated Opposed Motion to Transfer

REPLY by Spring Ocean Inc. to response in opposition to motion 144

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for leave to file Sur-Reply as to Defendant Spring Ocean's Motion to Vacate Default Judgment [Doc 91]

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for leave to file, 146 before Honorable Jeremy C. Daniel on 3/20/2024 at 09:30 AM.

REPLY by Defendant Spring Ocean Inc. to response in opposition to motion 144 Amended

FULL SATISFACTION of Judgment in the amount of 50,000

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion for leave to file a sur-reply 146 is granted. Motion hearing set for 3/20/24 is stricken. Mailed notice

SUR-REPLY by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. to motion to vacate 91

ORDER. Defendant Spring Ocean's motion to vacate 91 is granted. Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd.'s motion to transfer 144 is denied. The plaintiff's claims against Spring Ocean are dismissed without prejudice for lack of personal jurisdiction. Signed by the Honorable Jeremy C. Daniel on 7/11/2024. Mailed notice

MINUTE entry before the Honorable Jeremy C. Daniel: Plaintiff's counsel shall file a status report on or before 7/31/24. The status report should address whether the case should remain open and, if so, propose a schedule going forward. Mailed notice

MOTION by Plaintiff Shenzhen Dejiayun Network Technology Co., Ltd. for bond

STATUS Report by Shenzhen Dejiayun Network Technology Co., Ltd.

NOTICE of Motion by Michael Thomas Stanley for presentment of motion for bond 154 before Honorable Jeremy C. Daniel on 8/8/2024 at 09:30 AM.

ORDER ON PLAINTIFF'S MOTION FOR RELEASE OF BOND. It is ORDERED AND ADJUDGED that Plaintiff's Motion (D.E. 154) is GRANTED. The Clerk of Court shall release the bond held by the Registry of the Court for the Plaintiff in the amount of ten thousand and 0/100 ($10,000.00) U.S. Dollars posted on January 10, 2022 [Doc. 21], along with the interest payable on the principal amount, to FORD BANISTER IP. Civil case terminated. Signed by the Honorable Jeremy C. Daniel on 7/30/2024. Mailed notice

MINUTE entry before the Honorable Jeremy C. Daniel: In light of the Notice of Voluntary Dismissal 131, this case is dismissed with prejudice. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA