2024-cv-00212

COMPLAINT filed by Jeff Bartels; Filing fee $ 405, receipt number AILNDC-21502332.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Jeff Bartels Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Jeff Bartels by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Jeff Bartels by Yanling Jiang

ATTORNEY Appearance for Plaintiff Jeff Bartels by Yi Bu

ATTORNEY Appearance for Plaintiff Jeff Bartels by Adam Grodman

ATTORNEY Appearance for Plaintiff Jeff Bartels by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Jeff Bartels by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Jeff Bartels by Christopher Romero

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3).

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 Jeff Bartels for leave to file under seal

MOTION by Plaintiff Jeff Bartels for leave to file excess pages

MEMORANDUM in support of 13 Exparte motion

Declaration of Keith A. Vogt

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

Declaration of Jeff Bartels

(Exhibit 1, of Jeff Bartels' declaration)

SEALED EXHIBIT by Plaintiff Jeff Bartels Sealed Exhibit 2, Declaration of Jeff Bartels regarding memorandum in support of motion, 14

Exhibit 1

Exhibit 2

(Exhibit 3)

MAILED copyright report to Registrar, Washington DC

(Part 2)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 11,motion for leave to file extra pages 12, and ex parte motion for a temporary restraining order and other relief 13 are granted in part. Plaintiff's submissions (e.g., Dkt. 14) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2, 13, and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that he may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products that infringe Plaintiff's copyrights to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question both the propriety of joining all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 5/29/2024.

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

SURETY BOND in the amount of $ 10,000 posted by Jeff Bartels. Document not imaged.

MOTION by Plaintiff Jeff Bartels for preliminary injunction

MEMORANDUM by Jeff Bartels in support of motion for preliminary injunction 20

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt)

SUMMONS Returned Executed by Jeff Bartels as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/6/2024, answer due 6/27/2024.

(Declaration of Service)

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

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

ATTORNEY Appearance for Defendants Acekar, Salaoen by Benjamin Solter

ANSWER to Complaint by Acekar, Salaoen

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

MOTION by Plaintiff Jeff Bartels for default judgment as to Against the Defendants Identified in First Amended Schedule A

MEMORANDUM by Jeff Bartels in support of motion for default judgment 28

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

ATTORNEY Appearance for Defendants QINSHANG, YANIEC, BOLAYU, gersrd, Bear Hut, CSJIAXO, LATINDAY 2020 NEW ARRIVAL - 75% OFF by Adam Edward Urbanczyk

MOTION by Defendants BOLAYU, Bear Hut, CSJIAXO, LATINDAY 2020 NEW ARRIVAL - 75% OFF, QINSHANG, YANIEC, gersrd for extension of time

MINUTE entry before the Honorable John F. Kness: An in-person motion hearing on Defendants' motion for extension of time [31] is set for 7/2/2024 at 11:00 A.M. Counsel for Plaintiff and counsel Adam Urbanczyk must appear in person at that hearing. Mailed notice.

ATTORNEY Appearance for Defendants BOLAYU, Bear Hut, CSJIAXO, LATINDAY 2020 NEW ARRIVAL - 75% OFF, QINSHANG, YANIEC, gersrd by Brian Swift

MINUTE entry before the Honorable John F. Kness: To accommodate a request by counsel, the in-person motion hearing set for 7/2/2024 is stricken and reset for 7/10/2024 at 9:30 A.M. in Courtroom 2125. Counsel for Plaintiff and counsel Adam Urbanczyk must appear in person at that hearing. Mailed notice.

STIPULATION of Dismissal Joint Stipulation of Dismissal as to [Certain] Defendants

ENTERED IN ERROR

MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a stipulation of dismissal 35 pertaining to Defendants BOLAYU, Bear Hut, CSJIAXO, LATINDAY 2020 NEW ARRIVAL, QINSHANG, YANIEC, and gersrd. Accordingly, the 7/10/2024 hearing on the motion 31 of those Defendants seeking an extension of time is stricken, and the motion is dismissed as moot. Plaintiff's motion 35 seeking entry of default judgment will be addressed by separate order. Mailed notice.

ORDER: Plaintiff's motion [28] seeking a default judgment is granted. Civil case terminated. Signed by the Honorable John F. Kness on 7/10/2024. Mailed notice.

DEFAULT JUDGMENT ORDER signed by the Honorable John F. Kness on 7/10/2024. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 148 Telafaer

SATISFACTION of Judgment as to [Certain] defendants

MOTION by Plaintiff Jeff Bartels to reopen case Plaintiff's Motion to Reinstate Civil Action No. 1-24-cv-00212

MINUTE entry before the Honorable John F. Kness: An in-person hearing on Plaintiff's motion to reopen the case 42 is set for 7/17/2024 at 10:00 A.M. in Courtroom 2125. Lead counsel must be present in person at that hearing. Mailed notice.

MINUTE entry before the Honorable John F. Kness: By request of the parties, the motion hearing set for 7/17/2024 is stricken and reset for 8/1/2024 at 10:00 A.M. Lead counsel must be present in person at that hearing. Mailed notice.

SATISFACTION of Judgment as to Defendant no. 184 LICHI HOME STYLE and no. 120 Designfullprint

MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a stipulation of dismissal as to Defendants 144 (Salaoen) and 182 (Acekar). Accordingly, the motion 42 to reinstate the case, which was based on those entities still being active Defendants at the time the Court granted 38 39 Plaintiff's motion for default judgment, is dismissed as moot. The hearing set for 8/1/2024 is stricken. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 27 dcxtOx

SATISFACTION of Judgment as to Defendant no. 7 SAOJEYI-DG

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 124 PZZ