2023-cv-03197

COMPLAINT filed by Mark Gemmell ; Filing fee $ 402, receipt number AILNDC-20660058.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Mark Gemmell Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mark Gemmell by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Mark Gemmell by Yanling Jiang

ATTORNEY Appearance for Plaintiff Mark Gemmell by Yi Bu

ATTORNEY Appearance for Plaintiff Mark Gemmell by Adam Grodman

ATTORNEY Appearance for Plaintiff Mark Gemmell by Cameron Eugene Mcintyre

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment.

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.

MOTION by Plaintiff Mark Gemmell for leave to file under seal

MOTION by Plaintiff Mark Gemmell for leave to file excess pages

MEMORANDUM in support 11 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4 of Keith A. Vogt's declaration

Declaration of Mark Gemmell

(Exhibit 1, of Mark Gemmell's declaration)

SEALED EXHIBIT by Plaintiff Mark Gemmell Sealed Exhibit 2, Declaration of Mark Gemmell regarding memorandum in support of motion, 12

Exhibit 2-1

Exhibit 2-2

(Exhibit 2-3)

MAILED Copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for a temporary restraining order, temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 11 is granted. The motions for leave to file certain documents under seal 9 and to file excess pages 10 are granted. Enter Temporary Restraining Order. Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 5/25/2023. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $ 200,000 posted by Mark Gemmell (Document not imaged).

MOTION by Plaintiff Mark Gemmell for preliminary injunction

MEMORANDUM by Mark Gemmell in support of motion for preliminary injunction 18

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Mark Gemmell as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/5/2023, answer due 6/26/2023.

Declaration of Service, Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

(Exhibit 2, Declaration of Keith Vogt)

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction 18 is granted. Enter preliminary injunction order. Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 6/7/2023. Mailed notice

NEW PARTIES: 7-15D Deliver Gcxzwyb added to case caption.

NEW PARTIES: Kurcnis Store, ONLEDREAM, Yookeb, wenlubaihuo, shanmeishuimeibaihuo, paiyibaihuo, AVAA1 PTE. LTD., SHElifestyle and liufenglshangdian added to case caption.

NEW PARTIES: dehuadian, kuohaobaihuo, junhuiriyongbaihuo, shuhua35432, nuoqugbaihuo, WhenOceanRise, scscdsfsbsmyxgs, yiijianshop, liangyuxuasn3, VGFJHNDFPCASE, wwangyaoyao, beijietuwen, yinxiangwei, songzhixinn, shuidian, chentao995, YAROELRD Store US, MHD28JD, LiaoFan-US, Beyuemeng, Luonos, MAOxian, QQMARKET, WELLDAY, Foruidea, hebingnan2, QiuGuoXiang Store, Phelika-US, Phelika, xianfenglingdu, WHBdebaihuo123, tingquebaihuo, chunyanbaihuo, Yettasbin, Nander, xiaoqimaoyi, ZYXGOOD, lijiadidedian, Kaltoon, hefeipafawamieshangmaoyouxiangongsi, XuGuoLiang Store, mengyang0210, HAGFL, QGIFTY, Longjlne, GLOMVC, FUZHUANGSH, xuzhoummssyouxgs, wenshanfanruishangmaoyouxiangongsi, GIFTPUZZ, Lightsdfs, GouDoog, FRCSDIY, Kiots-US, Misen Society, LS Art and TYXY-US added to case caption.

NEW PARTIES: ZhiJiangShiSaiLeiShangMaoYouXianGongSi, ALPTC, yuanyunkejiyouxiangongsi, Guo Chen Chen, Lily flagship store, LYSHome Store, JianPu Tech, Lightforu, Futrycc, STAYTOP, BLUEKOSY, YouPiShangMao, HEBE-angel, KWJ16, Arleland, sunwei0159, Xy_god, JOEBAIYA, xianjunqishangmaoyouxiangongsi, hongdongsangyeshengmaoyiyouxiangongsi, NZHDXDSS, Plaaee, Chfukew Bathroom supplies, YLXFF, yangquanbinzeshangmaoyouxiangongsi, ZSXIAN, Liu Wenjun's shop, WhiteSnowForest, gongypbaihuo, shianshangmaoyouxiangongsi, CANDY YON 9, QIDIA, Howilath-US, HONGYAO6688, ZHSSS, ysileism, YOOJIO STORE and S-G Trade added to case caption.

NEW PARTIES: 1Dudes, Blessed Haoyun, Linqingyuan, GKLEASG Direct, JZSTONE DECOR, HUASHENG1229, Aprophic, Remandacy Photography, SOENYOU, Vibostore, QKD Inc, HONJON, Polymiskls Direct, JYFHOLL, henanshop-1, sdccxzvcxujymj, Cloudshang, HONGUAN, Kuangqibo, MengBEG, Kongfucock, NOSSIOM, JIUJING US, TylerAnderson, Josid, SOULZZZ, Youhao, BlessLiving Home, wanglidedianpu, MOPH, hongdongxianyuangkejiyouxiangongsi, heleigangcaiyouxiangongsi, wangdingyidianpu and Y&M HOME added to case caption.

NEW PARTIES: 1Dudes, Blessed Haoyun, Linqingyuan, GKLEASG Direct, JZSTONE DECOR, HUASHENG1229, Aprophic, Remandacy Photography, SOENYOU, Vibostore, QKD Inc, HONJON, Polymiskls Direct, JYFHOLL, henanshop-1, sdccxzvcxujymj, Cloudshang, HONGUAN, Kuangqibo, MengBEG, Kongfucock, NOSSIOM, JIUJING US, TylerAnderson, Josid, SOULZZZ, Youhao, BlessLiving Home, wanglidedianpu, MOPH, hongdongxianyuangkejiyouxiangongsi, heleigangcaiyouxiangongsi, wangdingyidianpu and Y&M HOME added to case caption.

NEW PARTIES: suizhoushizengduqufeijianchaojiajuzhongxin, yunzhencui, JONSEQINER, ruanfskh, suizhoushizengduquhaoquanyongshangmaozhongxin, hongdongxianbinweiqiwangluokejiyouxiangongsi, WONGON, haiyibo, shenpppli, TIGERWEI, Waltsom-US, Metal Sign Sales Co. LTD, Bioogter and Pengyun Shop added to case caption.

NEW PARTIES: Defendant no. 17, Defendant no. 62, Defendant no. 99, Defendant no. 106, Defendant no. 113, Defendant no. 136, Defendant no. 183 and Defendant no. 198 added to case caption.

NEW PARTIES: Baoding Mingheng Leather Manufacturing Co., Ltd., Chxin Store, CRTPOD Home Decor, XIZHAOMAOYI, ASKend, Exccrdny, cheng ming Complete series poster, LOVU ART, HAIFU-US, wuhanshimeiyiwenyichundianzishangwudian, YSIBIT, Goodwallplate, HHTRWDD, DCXYPBHD, Mandans, MMEIKJR, jinghongxianshangmaoyouxiangongsi, NEW ERA DESIGN, dmpsmsh, DuChangXianLanHuiShangMaoDian, Dylan's Shop, lingdebaihuo, RUKE, yun xiao xian da hui bai huo dian, World-cheng309, hnabrzgai7020, dinganxiaoyilongwangluokejiyouxiangongsi, NAN HE QU XIU SI DUN BAI HUO DIAN, POWHOME, dongfangshiyunoulanwangluokejiyouxiangongsi, AIYA, huimin0810, gaoxiaodong222, WONGKAI, LWHshop, Tritard Decor, FuFuDog, YIFAN999 and DULUDA added to case caption.

MOTION by Plaintiff Mark Gemmell for default judgment as to The Defendants Identified In The First Amended Schedule A

(Exhibit 1)

MEMORANDUM by Mark Gemmell in support of motion for default judgment 23

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 23 is taken under advisement. Any objections or responses are due by July 10, 2023. Mailed notice

ATTORNEY Appearance for Defendants Foruidea, Kaltoon, Plaaee, QQMARKET by Adam Edward Urbanczyk

MOTION by Defendants Foruidea, Kaltoon, Plaaee, QQMARKET for extension of time

ATTORNEY Appearance for Defendant Tritard Decor by Kevin John Keener

MINUTE entry before the Honorable John J. Tharp, Jr:Defendants Kaltoon, Plaaee, Qqmarket, and Foruidea's motion for extension of time [27] is granted. Their response to the plaintiff's complaint is due 7/24/23. Mailed notice

MOTION by Defendant Tritard Decor for extension of time Unopposed

NOTICE of Voluntary Dismissal by All Plaintiffs as to [Certain] defendants

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant Tritard Decor's unopposed motion for extension of time to answer the complaint [30] is granted. The answer or other responsive pleading is due July 24, 2023. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff is directed to submit a copy of the proposed default judgment order to this Court's proposed order inbox, Proposed_Order_Tharp@ilnd.uscourts.gov. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [31] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants identified in the notice are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment against certain defendants [23] is granted. Enter default judgment order. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 7/12/2023. Mailed notice

MOTION by Defendant Tritard Decor to dismiss for lack of jurisdiction

MOTION by Defendant Tritard Decor to vacate order[22]

SEALED DOCUMENT by Defendant Tritard Decor Declaration of Kevin Keener

MOTION by Defendant Tritard Decor to seal document sealed document[39]

MINUTE entry before the Honorable John J. Tharp, Jr: Defendant Tritard Decor's motion to seal the documents filed at ECF No. [39] is granted. Defendant Tritard Decor's motions to dismiss [37] and to amend the preliminary injunction order [38] are taken under advisement. The plaintiff may submit a response to both motions, not to exceed 15 pages, by 8/14/23. Reply by 8/28/23. Mailed notice

MOTION by Plaintiff Mark Gemmell to stay regarding MOTION by Defendant Tritard Decor to dismiss for lack of jurisdiction [37], MOTION by Defendant Tritard Decor to vacate order[22] [38] and for Leave to Conduct Discovery, MOTION by Plaintiff Mark Gemmell for discovery

Exhibit 1

Exhibit 2

Exhibit 3

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to stay [42] is taken under advisement. Any response is due by 8/4/23. Briefing on the motion to dismiss [37] and the motion to vacate [38] will be held in abeyance pending resolution of the motion to stay. Mailed notice

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Defendant No. 76 Foruidea

MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the notice of stipulation of dismissal [44] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), defendant number 76 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No response to the motion to stay [42] having been filed by defendant Tritard Decor or any other party by the 8/4/23 deadline set forth in the Court's prior order [43], and for the reasons set forth in the motion, the motion to stay [42] is granted. Briefing on Tritard Decor's motions to dismiss [37] and to vacate order [38] is stayed (i.e., the schedule set forth in the Court's prior order [41] is stricken). The plaintiff is granted leave to propound limited written discovery related to personal jurisdiction. The period during which the plaintiff may propound limited discovery will close by 9/25/23, at which date the plaintiff is directed to submit a status report on whether the basis for the stay remains applicable. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 40 DULUDA and no. 10 wuhanshimeiyiwenyichundianzishangwudian

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [47] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants numbers 40 and 10 are dismissed from this case. Mailed notice

SATISFACTION of Judgment as to Defendant no. 41 7-15D Deliver Gcxzwyb and no. 126 Arleland

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 49, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendants Nos. 41 and 126. Mailed notice

MOTION by Plaintiff Mark Gemmell for sanctions Pursuant to Fed. R. Civ. P. 37

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for sanctions 51 is taken under advisement. Defendant Tritard Decor's response is due 9/15/23. No reply is to be filed unless ordered by the Court. Mailed notice

MOTION by Attorney Kevin Keener to withdraw as attorney for Tritard Decor. New address information: Tritard Decor, No. 12 Wushi Village, Wantian Township, Quzhou City, Kecheng District, Zhejiang Province 324000 China

MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Kevin Keener's motion to withdraw as attorney for defendant Tritard Decor 53 is taken under advisement. The Court directs counsel to submit proof of service of the motion to withdraw on his client. A telephonic hearing will be held at 9:00 a.m. on 9/26/23. A representative of defendant Tritard Decor will be required to attend. The Court also directs counsel to provide his client with notice of the pending motion for sanctions against it 51 and this order. Briefing on that motion for sanctions is stayed pending further order. For instructions regarding participation in, or access to, the telephone hearing, see the standing order on telephone hearings on Judge Tharp's web page (https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==). Mailed notice

CERTIFICATE of Service by Kevin John Keener on behalf of Tritard Decor regarding order on motion for sanctions, set motion and R&R deadlines/hearings, text entry, 52, order on motion to withdraw as attorney, text entry, terminate motions, set/reset hearings, 54, MOTION by Plaintiff Mark Gemmell for sanctions Pursuant to Fed. R. Civ. P. 37 51, MOTION by Attorney Kevin Keener to withdraw as attorney for Tritard Decor. New address information: Tritard Decor, No. 12 Wushi Village, Wantian Township, Quzhou City, Kecheng District, Zhejiang Province 324000 China 53

(Email evidence of service)

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 56 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 37 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: In light of the dismissal of defendant Tritard Decor 56, the defendant's motion to dismiss for lack of jurisdiction 37, the defendant's motion to vacate the preliminary injunction order 38, the plaintiff's motion for sanctions against Tritard Decor 51, and attorney Kevin Kreener's motion to withdraw as attorney for Tritard Decor 53 are denied as moot. The telephone hearing set for 9:00 a.m. on 9/26/23 on the motion to withdraw is accordingly stricken. Mailed notice

MOTION by Plaintiff Mark Gemmell for default judgment as to Defendant No. 32 Aiya

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 59 is taken under advisement. Any objections or responses are due by 10/5/23. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant No. 32 AIYA not having objected, the plaintiff's motion for default judgment 59 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 10/6/2023. Mailed notice

SATISFACTION of Judgment as to Defendant no. 157 Aprophic and no. 73 MAOxian

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 64, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendants Nos. 73 and 157. Mailed notice