2024-cv-01211

2024-cv-01211 Cao Group, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified On Schedule A

Date :2/12/2023
Brand
Court :Northen District of Illinois
Law FirmBISHOP

#

Date

Document

1

Feb. 12, 2024

COMPLAINT filed by CAO Group, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21632753.

Schedule A (Redacted)

Exhibit 1 (Redacted)

Exhibit 2 (Redacted)

Exhibit 3 (Redacted)

Exhibit 4

Exhibit 5

Exhibit 6

(Exhibit 7 (Redacted))

2

Feb. 12, 2024

CIVIL Cover Sheet

3

Feb. 12, 2024

MOTION by Plaintiff CAO Group, Inc. for Leave to File Certain Documents Under Seal

4

Feb. 12, 2024

SEALED DOCUMENT by Plaintiff CAO Group, Inc.

Schedule A

Exhibit 1A

Exhibit 1B

Exhibit 1C

Exhibit 2

Exhibit 3

(Exhibit 7)

5

Feb. 12, 2024

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

6

Feb. 12, 2024

Notice of Claims by CAO Group, Inc.

7

Feb. 12, 2024

ATTORNEY Appearance for Plaintiff CAO Group, Inc. by Nicholas S. Lee

8

Feb. 12, 2024

ATTORNEY Appearance for Plaintiff CAO Group, Inc. by Benjamin Adam Campbell

9

Feb. 12, 2024

ATTORNEY Appearance for Plaintiff CAO Group, Inc. by Sameeul Haque

10

Feb. 14, 2024

REQUEST for Clerk of Court to refund filing fee in the amount of $405.00, receipt no. AILNDC-21632728

Exhibit A

(Exhibit B)

11

Feb. 15, 2024

REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $405.00, receipt no. AILNDC-21632728.

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1). (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.)

12

Feb. 20, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file certain documents under seal 3 is granted. Mailed notice.

13

March 1, 2024

MOTION by Plaintiff CAO Group, Inc. for temporary restraining order

14

March 1, 2024

MEMORANDUM by CAO Group, Inc. in support of motion for temporary restraining order 13

Declaration of Nicholas S. Lee

(Exhibit 1 to the Declaration)

15

March 1, 2024

MOTION by Plaintiff CAO Group, Inc. for Alternative Service

16

March 4, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 3/4/2024. Transcript is to remain under seal. The motion for temporary restraining order 13 is denied without prejudice. Mailed notice.

17

March 22, 2024

AMENDED complaint by CAO Group, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A

Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

(Declaration of Dr. Densen Cao)

18

March 22, 2024

MOTION by Plaintiff CAO Group, Inc. for Leave to File Under Seal

19

March 22, 2024

SEALED DOCUMENT by Plaintiff CAO Group, Inc.

Schedule A

Exhibit 1A

Exhibit 1B

Exhibit 1C

Exhibit 2

Exhibit 3

(Declaration of Dr. Densen Cao)

20

March 22, 2024

SEALED DOCUMENT by Plaintiff CAO Group, Inc. Exhibit 7A

Defendant #1

Defendant #2

Defendant #3

Defendant #4

Defendant #5

Defendant #6

Defendant #7

Defendant #8

Defendant #9

Defendant #10

Defendant #11

Defendant #13

Defendant #14

Defendant #15

Defendant #16

Defendant #17

Defendant #19

Defendant #21

Defendant #22

Defendant #23

Defendant #25

Defendant #26

Defendant #27

Defendant #28

Defendant #29

(Defendant #30)

21

March 22, 2024

SEALED DOCUMENT by Plaintiff CAO Group, Inc. Exhibit 7B

Defendant #32

Defendant #36

Defendant #37

Defendant #39

Defendant #40

Defendant #42

Defendant #43

Defendant #44

Defendant #45

Defendant #46

Defendant #47

Defendant #48

Defendant #49

Defendant #50

Defendant #51

Defendant #52

Defendant #53

Defendant #55

Defendant #56

Defendant #57

Defendant #58

Defendant #59

Defendant #62

Defendant #64

Defendant #65

(Defendant #66)

22

March 22, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file certain documents under seal 18 is granted. Mailed notice.

23

March 22, 2024

MOTION by Plaintiff CAO Group, Inc. for temporary restraining order

24

March 22, 2024

MEMORANDUM by CAO Group, Inc. in support of motion for temporary restraining order 23

Declaration of Nicholas S. Lee

(Exhibit 1 to the Declaration)

25

March 26, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 3/26/2024. Transcript is to remain sealed. Motion for alternative service 15 is granted. Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 23 is granted. Mailed notice.

26

March 26, 2024

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/26/2024. Mailed notice.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A (Text entry; no document attached.)

27

March 27, 2024

Surety Bond BOND in the amount of $ $55,000 posted by CAO Group, Inc. (document not scanned).

28

April 3, 2024

ATTORNEY Appearance for Defendants BYS Technology, DEEPSOUND, Carbonline, Moose Store, ACU, BLUE by Steven G Kalberg

29

April 8, 2024

MOTION by Plaintiff CAO Group, Inc. to Extend Temporary Restraining Order

30

April 8, 2024

MEMORANDUM by CAO Group, Inc. in support of motion for miscellaneous relief 29

(Declaration of Sameeul Haque)

31

April 9, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion to extend the temporary restraining order 29 is granted. The Temporary Restraining Order entered on 3/26/2024 26 is extended by a period of fourteen (14) days until 4/23/2024. Mailed notice.

32

April 15, 2024

ATTORNEY Appearance for Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening by Dustin Lee Taylor

33

April 16, 2024

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21859039.

34

April 16, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice 33 is granted. Attorney Dan Yao for GD-SSS added. Mailed notice.

35

April 16, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening

36

April 16, 2024

MOTION by Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening to amend/correct SEALED Order 26 EMERGENCY OPPOSED MOTION TO MODIFY

37

April 16, 2024

MEMORANDUM by zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening in support of motion to amend/correct 36 Memo in Support of EMERGENCY OPPOSED MOTION TO MODIFY

Exhibit A - Declaration of L. Yang (Redacted)

Exhibit B - A Declaration of D. Taylor

(Exhibit B Ex. 1 Placeholder Filed Under Seal)

38

April 16, 2024

SEALED DOCUMENT by Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening Memorandum in Support of EMERGENCY OPPOSED MOTION TO MODIFY

Exhibit A (Sealed)

Exhibit B Declaration of D. Taylor

(Exhibit B - 1 (Sealed))

39

April 17, 2024

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the Emergency Opposed Motion to Modify Temporary Restraining Order 36 is set for 4/17/2024 at 2:00 p.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

40

April 17, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/17/2024 as to the Emergency Opposed Motion to Modify Temporary Restraining Order 36, and continued to 4/18/2024 at 9:30 a.m. The dial-in information will remain the same. Plaintiff's motion for entry of a preliminary injunction to be filed by 4/18/2024. Responses due by 4/24/2024. Reply is due by 4/26/2024. Preliminary Injunction hearing is set for 4/29/2024 at 10:00 a.m. in courtroom 1441. Mailed notice.

41

April 18, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference held on 4/18/2024. The hearing set for 4/29/2024 is vacated. By noon on 4/22/2024, Plaintiff and counsel for Def. 8, GD-Whiteningare, are to jointly email the courtroom deputy with an agreed briefing schedule on preliminary injunction and asset freeze. The TRO as to Def. 8 is to remain in place until further order of the court. Motion for preliminary injunction is to be filed today. A telephone hearing as to the motion for preliminary injunction is set for 4/23/2024 at 10:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

42

April 18, 2024

SUMMONS Returned Executed by CAO Group, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A on 4/18/2024, answer due 5/9/2024.

Declaration of Kathryn Smith

(Exhibit A)

43

April 18, 2024

MOTION by Plaintiff CAO Group, Inc. for preliminary injunction

(Exhibit A)

44

April 18, 2024

MEMORANDUM by CAO Group, Inc. in support of motion for preliminary injunction 43

Declaration of Sameeul Haque

(Exhibit 1)

45

April 22, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The court enters the following agreed briefing schedule as to Defendant No. 8 GD-Whitening's Emergency Motion to Modify the Temporary Restraining Order 36 : Plaintiff's response is due by 4/25/2024; Defendant's reply is due by 5/2/2024. Mailed notice.

46

April 23, 2024

ATTORNEY Appearance for Defendants newage-store, haiyi_mall by Christopher Paul Keleher

48

April 23, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/23/2024. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 43 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal docket entries 4, [4-1]-[4-7], 19, [19-1]-[19-7], 20, 21, and 26. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Term inate_Instructions.pdf. Telephone Status hearing set for 6/7/2024 at 9:00a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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. (jn,)

47

April 24, 2024

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 4/24/2024. Mailed notice.

49

April 25, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule: Mr. Kalberg's motion regarding the asset freeze is due by 4/29/2024; Plaintiff's response brief, jointly addressing Mr. Taylor's Emergency Motion 36 and Mr. Kalberg's motion, is due by 5/6/2024; Both Mr. Kalberg and Mr. Taylor are to file their respective reply briefs, should they choose to do so, by 5/13/2024. Mailed notice.

NEW PARTIES: OETU Health, Hest Store, iLumes, wendydy, Waving Palms US, Professional Seller Store, Na Li Wang, Fashion Style US, Worldwise Enshi Trading, OETU Shop, Maxlinking, IMOSTY Whitening US, WP for Teeth, Whitening Teeth US, allwys, hungeg, eyalgavr_16, tstarlight, koradado_0, ori.or0, homefromgoods, cleanhealthc, perficientworksltd, originalsite, davidson-75, fairywill_global, beapoint, Dentalgoods2015, lingduoshop, amormed1, PureSell, Ms.Dear, Shenzhen beauty network technology Co., LTD, Shenzhen Old Tree Network Technology Co., Ltd, Guangzhou Dingbao E-commerce Co., LTD, Shenzhen Zhongxinda Technology development Co., LTD, SQLEA Shop, Wmkox8yii, 3C Boutiques, YiFudd, Hahasong, Trayknick, Gaoxi E -commerce Co. Ltd, ANCRV and Fairywill added to case caption. (Text entry; no document attached.)

50

April 29, 2024

MOTION by Defendants ACU, BLUE, BYS Technology, Carbonline, DEEPSOUND, Moose Store for Modification of the Preliminary Injunction

Memorandum in Support of Defendants' Motion to Modify the Preliminary Injunction

Exhibit List

Exhibit A Defendants' Internal Amazon Pages Showing Zero Sales

(Exhibit B Hagenbuch v. 3B6 Sistemi Elettronici Industriali, No. 04 C 3109, (N.D. Ill. Mar. 14, 2005))

51

May 6, 2024

RESPONSE by Plaintiff CAO Group, Inc. to Defendants' Emergency Motion to Modify the Temporary Restraining Order and Motion to Modify the Preliminary Injunction as to the Asset Freeze

52

May 8, 2024

ATTORNEY Appearance for Defendants ANCRV, Gaoxi E -commerce Co. Ltd, PureSell by Timothy Tiewei Wang

53

May 8, 2024

MOTION by Defendants ANCRV, Gaoxi E -commerce Co. Ltd, PureSell for extension of time to file answer regarding complaint, 1

54

May 8, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer 53 is granted. Defendants ANCRV, Gaoxi E-commerce Co. Ltd and PureSell are to answer or otherwise respond to the complaint by 5/30/2024. Mailed notice.

55

May 9, 2024

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening

56

May 9, 2024

MEMORANDUM by zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening in support of Motion to Dismiss for Failure to State a Claim 55

Exhibit A Complaint NDIL Case No. 124-cv-00901

(Exhibit B Docket NDIL Case No. 124-cv-00901)

57

May 10, 2024

MOTION by Defendants ACU, BLUE, BYS Technology, Carbonline, DEEPSOUND, Moose Store for extension of time to file answer regarding complaint, 1 or otherwise respond (unopposed)

58

May 10, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The court enters the following agreed briefing schedule as to Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening's motion to dismiss 55 : Plaintiff's response is due by 5/30/2024; Defendant's reply is due by 6/13/2024. Mailed notice.

59

May 10, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer 57 is granted. Defendants DEEPSOUND, BYS Technology, Carbonline, Moose Store, BLUE ELF, and Acupress are to answer Plaintiffs' Complaint by 6/10/2024. Mailed notice.

60

May 13, 2024

REPLY by ACU, BLUE, BYS Technology, Carbonline, DEEPSOUND, Moose Store to Response 51 to Defendants' Emergency Motion to Modify the Temporary Restraining Order and Motion to Modify the Preliminary Injunction as to the Asset Freeze

61

May 13, 2024

REPLY by zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening to Response 51, MOTION by Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening to amend/correct SEALED Order 26 EMERGENCY OPPOSED MOTION TO MODIFY 36

Exhibit C

(Exhibit D)

62

May 14, 2024

NOTICE of Voluntary Dismissal by CAO Group, Inc. Under Rule 41(a)(1) Wmkox8yii (Def. #56) and YiFudd (Def. #58)

63

May 16, 2024

NOTICE of Voluntary Dismissal by CAO Group, Inc. Under Rule 41(a)(1) Dentalgoods2015 (Def. #45)

64

May 17, 2024

ATTORNEY Appearance for Defendant homefromgoods by Christopher Paul Keleher

65

May 17, 2024

MOTION by Defendant homefromgoods for extension of time to file answer regarding complaint, 1 AGREED

66

May 17, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Agreed motion for extension of time to answer 65 is granted. Defendant Homefromgoods' response to Plaintiff's Complaint is due by 6/7/2024. Mailed notice.

67

May 20, 2024

ORDER: For the reasons stated in the attached order, Defendants' motions to modify the asset restraints (R. 36 ; R. 50) are granted. Plaintiff must dissolve the asset restraints against all Defendants named in this lawsuit, not just those who brought this motion, by May 29, 2024. Signed by the Honorable Thomas M. Durkin on 5/20/2024. Mailed notice.

68

May 23, 2024

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22005395.

69

May 23, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice 68 is granted. Attorney Samantha R. Sweet for zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening added. Mailed notice.

70

May 23, 2024

MOTION by Plaintiff CAO Group, Inc. for entry of default, MOTION by Plaintiff CAO Group, Inc. for default judgment as to Certain Defendants

(Exhibit A)

71

May 23, 2024

MEMORANDUM by CAO Group, Inc. in support of motion for entry of default, motion for default judgment 70

Declaration of Dr. Densen Cao

(Declaration of Nicholas S. Lee)

72

May 24, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/7/2024 at 9:00 a.m. is vacated. A telephone hearing as to the motion for entry of default and default judgment as to certain defendants 70 is set for 5/31/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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

73

May 27, 2024

ATTORNEY Appearance for Defendants haiyi_mall, newage-store by He Cheng

74

May 27, 2024

MOTION by Defendants haiyi_mall, newage-store to vacate order 47

75

May 27, 2024

MEMORANDUM by haiyi_mall, newage-store in support of motion to vacate 74

Exhibit U.S. Patent 5,891,453

Exhibit U.S. Patent 5,894,017

Exhibit Decl. of Li

(Exhibit Lists of ingredients)

76

May 28, 2024

NOTICE of Voluntary Dismissal by CAO Group, Inc. Under Rule 41(a)(1), lingduoshop (Def. 46) and Ms.Dear (Def. 49).

77

May 28, 2024

MOTION by Defendants haiyi_mall, newage-store for extension of time to file answer regarding complaint, 1 (Unopposed)

78

May 28, 2024

ATTORNEY Appearance for Defendants Fairywill, IMOSTY Whitening US, beapoint, fairywill_global, tstarlight, wendydy by Adam Edward Urbanczyk

79

May 28, 2024

MOTION by Defendants Fairywill, IMOSTY Whitening US, beapoint, fairywill_global, tstarlight, wendydy for extension of time

80

May 29, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule as to the Motion to Vacate the Preliminary Injunction 74 : Plaintiff's response is due by 6/17/2024; Defendants' reply is due by 8/1/2024. Unopposed motion for extension of time to answer 77 is granted. Defendants Newage-Store and haiyi_mall are to respond to the Complaint by 6/11/2024. Unopposed motion for extension of time 79 is granted. Defendants Fairywill, IMOSTY Whitening US, beapoint, fairywill_global, tstarlight, and wendydy are to respond to the Complaint by 6/18/2024. Mailed notice.

81

May 30, 2024

RESPONSE by Plaintiff CAO Group, Inc. to Motion to Dismiss for Failure to State a Claim 55

(Exhibit 1)

82

May 31, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/31/2024. For the reasons stated on the record, the motion for entry of default 70 is granted, and the motion for default judgment 70 is entered and continued. Plaintiff's counsel is to submit the licensing agreement for in camera review, the profit figures and supplemental brief on the defendants as discussed. A telephone status hearing is set for 7/9/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

83

June 4, 2024

NOTICE of Voluntary Dismissal by CAO Group, Inc. Under Rule 41(a)(1) Shenzhen Zhongxinda Technology development Co., LTD (Def. #53)

84

June 5, 2024

NOTICE of Voluntary Dismissal by CAO Group, Inc. Under Rule 41(a)(1) PureSell (Def. #48), Gaoxi E-commerce Co. Ltd. (Def. #64), and ANCRV (Def. #65)

85

June 7, 2024

SUPPLEMENT to motion for entry of default, motion for default judgment 70 and Request to Amend Relief Requested In Same

Declaration of Dr. Densen Cao

Declaration of Sameeul Haque

(Declaration of Nicholas S. Lee)

86

June 7, 2024

Notice of Compliance by CAO Group, Inc.

(Exhibit A)

87

June 7, 2024

SEALED DOCUMENT by Plaintiff CAO Group, Inc.

(Declaration of Dr. Cao)

88

June 8, 2024

MOTION by Defendant homefromgoods for extension of time to file answer regarding complaint, 1 AGREED

89

June 10, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Agreed second motion for extension of time to answer 88 is granted. Defendant homefromgoods is to respond to Plaintiff's complaint by 7/1/2024. Mailed notice.

90

June 10, 2024

ANSWER to amended complaint by ACU, BLUE, BYS Technology, Carbonline, DEEPSOUND, Moose Store

91

June 11, 2024

ANSWER to amended complaint by haiyi_mall, newage-store

92

June 12, 2024

DEFAULT Judgment Order. Signed by the Honorable Thomas M. Durkin on 6/12/2024. Mailed notice.

93

June 13, 2024

REPLY by Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening to Motion to Dismiss for Failure to State a Claim 55

94

June 13, 2024

FULL SATISFACTION of Judgment as to Certain Defendants.

95

June 14, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Defendant zhuhai jiashu dianzishangwu youxiangongsi d/b/a GD-Whitening moves to dismiss on two grounds. R. 56. First, GD-Whitening argues that Count IV of the Amended Complaint seeking unjust enrichment should be dismissed because it is preempted by federal patent law. Id. at 4. Plaintiff concedes this point. R. 81 at 1. GD-Whitening's motion to dismiss is thus granted as to Count IV. Second, GD-Whitening argues improper joinder under 35 U.S.C. § 299. R. 56 at 6. Consistent with this Court's ruling in Tang, the Court finds that joinder is improper as to GD-Whitening. See Tang v. Partnerships & Unincorporated Associations Identified on Schedule A, 2024 WL 68332, at *3 (N.D. Ill. Jan. 4, 2024) (citations omitted) (finding that the appearing defendants were improperly joined under 35 U.S.C. § 299 because "[the] case [did] not involve a swarm of counterfeiters passing off their products as those of a single plaintiff. [but rather,] it involve[d] multiple sellers of the exact same type of product allegedly infringing on one seller's. patent."). Though in Tang, the Court dismissed the appearing defendants, the Court notes that severance is a proper remedy for misjoinder under Rule 21. Fed. R. Civ. P. 21; see also R. 93 at 5 (GD-Whitening's reply brief). Thus, GD-Whitening's motion to dismiss is denied as to Counts I, II, and III, and Plaintiff's claims against GD-Whitening are severed. The Clerk of Court is directed to open a new case as to GD-Whitening, related to this case and assigned to Judge Durkin. In this original action, Plaintiff shall file an Amended Complaint within seven days that removes GD-Whitening as a defendant and that drops Count IV as to all remaining defendants. In the severed case against GD-Whitening, Plaintiff shall file an Amended Complaint within seven days that names GD-Whitening as the sole defendant and that drops Count IV. Within fourteen days, Plaintiff and GD-Whitening shall submit a joint status report setting forth proposed dates for discovery. Mailed notice.

96

June 17, 2024

RESPONSE by Plaintiff CAO Group, Inc. to motion to vacate 74 the Preliminary Injunction

(Exhibit 1)

97

June 20, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The filing fee shall be waived for the new related case as to GD-Whitening. Mailed notice.

98

June 20, 2024

Second AMENDED complaint by CAO Group, Inc. against ACU, BLUE, BYS Technology, Carbonline, DEEPSOUND, Fairywill, IMOSTY Whitening US, Moose Store, beapoint, fairywill_global, haiyi_mall, homefromgoods, newage-store, tstarlight, wendydy

Schedule A (Second Amended)

Exhibit 1A

Exhibit 1B

Exhibit 1C

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

(Declaration of Dr. D. Cao)

99

June 24, 2024

NOTICE of Voluntary Dismissal by CAO Group, Inc. Under Rule 41(a)(1) fairywill_global (Def. #43) and fairywill (Def. #66)

100

July 5, 2024

ANSWER to amended complaint (second) and, COUNTERCLAIM filed by Moose Store, DEEPSOUND, BLUE, BYS Technology, ACU, Carbonline against CAO Group, Inc. by Moose Store, DEEPSOUND, BLUE, BYS Technology, ACU, Carbonline

101

July 9, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 7/9/2024. Parties are to submit an agreed proposed discovery schedule for all remaining non-settling defendants, including related case CAO Group, Inc. v. GD-Whitening (24-cv-5129), by 7/16/2024. The next status hearing will be set when the discovery schedule is entered. Mailed notice.

102

July 12, 2024

REPLY by haiyi_mall, newage-store to Response 96

(Exhibit Declaration of Jianbin Li)

103

July 16, 2024

STATUS Report (Joint Initial) by CAO Group, Inc.

104

July 17, 2024

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeannice W. Appenteng for the purpose of holding proceedings related to: discovery supervision and settlement. Mailed notice.

105

July 26, 2024

STIPULATION of Dismissal as to Defendants No. 4, 26, and 27

106

Aug. 5, 2024

MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' joint status report and proposed discovery plan 103, and enters the following schedule. Parties to have exchanged Initial Disclosures required under FRCP 26(a)(1) and LPR 2.1 by 7/26/2024. Plaintiff to have served Initial Infringement Contentions under LPR 2.2 by 8/2/2024. Defendants shall serve their Initial Non-infringement, Unenforceability, and Invalidity Contentions and Documents under LPR 2.3 and LPR 2.4 by 8/16/2024. Plaintiff shall serve its response to the Initial Non-infringement, Unenforceability, and Invalidity Contentions under LPR 2.5 by 8/30/2024. Plaintiff shall serve their Final Infringement, Unenforceability, and Invalidity Contentions under LPR 3.1 by 12/27/2024. Defendants shall serve their Final Non-Infringement, Enforceability, and Validity Contentions and Documents under LPR 3.2 and LPR 3.3 by 1/24/2025. By 2/7/2025, the parties shall exchange Claim Terms Needing Construction under LPR 4.1. Part 1 of Fact Discovery shall close on 3/7/2025. Defendants shall file their Opening Claim Construction Brief and Joint Appendix under LPR 4.2(a) by 3/14/2025. Plaintiff shall file its Responsive Claim Construction Brief (by party asserting infringement) under LPR 4.2(c) by 4/11/2025. Defendants shall file their Reply Claim Construction Brief under LPR 4.2(d) by 4/25/2025. The parties shall file a Joint Claim Construction Chart under LPR 4.2(f) by 5/2/2025. The District Judge will set a Claim Construction Hearing based on the Court's availability. By 9/3/2024, the parties shall file a joint status report confirming their compliance with this schedule and setting forth any disputes that might require the Court's attention. Mailed notice.

107

Aug. 15, 2024

MOTION by Attorney Steven G. Kalberg to withdraw as attorney for BYS Technology, Carbonline, Moose Store. New address information: BYS Technology - Email alliseeisyou@yahoo.com; Carbonline - Email joneslucas370@yahoo.com; Moose Store - Email mooseoo@outlook.com Presented before District Judge

(Exhibit A Notification of Party Contact Information Sheets)

108

Aug. 16, 2024

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to Defendants' motion to withdraw 107 is set for 8/28/2024 at 9:00 a.m. Representatives of Mr. Kalberg's clients are to be present on the call. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

109

Aug. 21, 2024

SUPPLEMENT to motion to withdraw as attorney, 107 Notification of Party Contact Information for Defendants BYS Technology, Carbonline, and Moose Store

110

Aug. 28, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Telephone motion hearing held on 8/28/2024. Motion to withdraw as attorney for BYS Technology, Carbonline, Moose Store. 107 is granted. Attorney Steven G. Kalberg terminated. A telephone status hearing is set for 10/15/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

111

Sept. 3, 2024

STATUS Report (Joint) by CAO Group, Inc. Presented before Magistrate Judge

112

Sept. 5, 2024

MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' 9/3/2024 joint status report 111, which indicates that the defendants formerly represented by Steven G. Kalberg have not complied with the Court's discovery deadlines. The parties additionally request an extension to those discovery deadlines. Telephonic hearing scheduled for 9/20/2024 at 11:00 a.m. The call-in number for the hearing is (888) 684-8852 and the access code is 3845300. Members of the public and media will be able to call in to listen to the hearing. 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.

113

Sept. 20, 2024

MINUTE entry before the Honorable Jeannice W. Appenteng: The Telephonic status hearing set for 9/20/2024 is reset to 11:30 a.m. (Time Change Only) Mailed notice.

114

Sept. 20, 2024

MOTION by Plaintiff CAO Group, Inc. for leave to file Plaintiff's Third Amended Complaint Presented before District Judge

Exhibit Third Amended Complaint

Exhibit Updated Schedule A

Exhibit 1A to Complaint

Exhibit 1B to Complaint

Exhibit 1C to Complaint

Exhibit 1D to Complaint

Exhibit 1E to Complaint

Exhibit 2 to Complaint

Exhibit 3 to Complaint

Exhibit 4 to Complaint

Exhibit 5 to Complaint

Exhibit 6 to Complaint

Exhibit 7 to Complaint

(Declaration of Dr. Cao for Third Amended Complaint)

115

Sept. 23, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule as to Plaintiff's motion for leave to file a third amended complaint 114 : Defendants' response is due by 10/7/2024; Plaintiff's reply is due by 10/15/2024. Mailed notice.

116

Sept. 23, 2024

MINUTE entry before the Honorable Jeannice W. Appenteng: Telephonic hearing held on 9/20/2024. Plaintiff filed its motion for leave to file a third amended complaint 114 and the parties have received a briefing schedule from the District Judge 115. By 10/21/2024, the parties shall file a joint status report informing the Court as to what effect plaintiff's motion may have on the discovery schedule. Mailed notice.

117

Oct. 4, 2024

RESPONSE by haiyi_mall, newage-storein Opposition to MOTION by Plaintiff CAO Group, Inc. for leave to file Plaintiff's Third Amended Complaint Presented before District Judge 114

(Exhibit Ex. 1 - Defendants' Non-Infringement and Invalidity Contentions)

118

Oct. 15, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/15/2024. No one appeared on behalf of defendants. An in-court hearing is to be scheduled on Defendants Newage-Store and haiyi_mall's motion to vacate the preliminary injunction 74. Failure by Mr. Cheng to appear on the next call may result in the motion being dismissed. A telephone status hearing is set for 10/24/2025 at 9:45 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

119

Oct. 15, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Minute entry 118 is corrected as follows. A telephone status hearing is set for 10/24/2024 at 9:45 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

120

Oct. 15, 2024

REPLY by Plaintiff CAO Group, Inc. to motion for leave to file, 114

(Declaration of Nicholas S. Lee)

121

Oct. 21, 2024

STATUS Report (Joint) by CAO Group, Inc. Presented before Magistrate Judge

122

Oct. 24, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 10/24/2024. The courtroom deputy will contact the parties to schedule an in-court hearing on Defendants Newage-Store and haiyi_mall's motion to vacate the preliminary injunction 74. A telephone status hearing is set for 12/13/2024 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

123

Oct. 24, 2024

MINUTE entry before the Honorable Thomas M. Durkin: The Second Amended Complaint brings claims for infringement of Plaintiff's 259 Patent, 419 Patent, and 582 Patent. R. 98. Plaintiff now moves for leave to file a Third Amended Complaint to add claims for infringement of Plaintiff's 444 Patent and 445 Patent. R. 114. Defendants argue that leave to amend should be denied because the parties have already begun exchanging discovery. R. 117 at 3. But the parties have been engaged in discovery for just three months. R. 106. And leave to amend a complaint should "be freely given when justice so requires." Fed.R.Civ.P. 15(a). Defendants also argue that Plaintiff unreasonably delayed. R. 117 at 4. See Barry Aviation Inc. v. Land O'Lakes Mun. Airport Comm'n, 377 F.3d 682, 687 (7th Cir. 2004) (citations omitted) ("In the absence of any apparent or declared reasonsuch as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.the leave sought should, as the rules require, be freely given."). But as Plaintiffs explain: "Now, at the start of discovery, Plaintiff has been given the opportunity to further examine the [accused products]. and believe it would be appropriate to assert additional claims of patent litigation against [these products]." R. 120 at 5. Finally, Defendants argue that Plaintiffs should file a separate lawsuit concerning the 444 and 445 Patents. R. 117 at 5. But the 444 and 445 Patents involve the same family of patents, and the same accused products as identified in the prior complaints. R. 114 at 4. Allowing an amendment would serve judicial efficiency by allowing the parties to resolve issues related to all five patents in one suit. Plaintiff's motion for leave to file a Third Amended Complaint 114 is granted. Mailed notice.

124

Oct. 25, 2024

MINUTE entry before the Honorable Jeannice W. Appenteng. The Court has reviewed the parties' 10/21/2024 joint status report 121 and the District Judge's order granting plaintiff's motion for leave to file a third amended complaint 123. By 11/4/2024, the parties shall file a joint status report setting forth a revised discovery schedule, with dates certain for each stage of discovery. Mailed notice

125

Oct. 28, 2024

Third AMENDED complaint by CAO Group, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associates Identified on Schedule A

Schedule A

Exhibit 1A

Exhibit 1B

Exhibit 1C

Exhibit 1D

Exhibit 1E

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

(Declaration of Densen Cao)

126

Nov. 4, 2024

STATUS Report (Joint) by CAO Group, Inc. Presented before Magistrate Judge

127

Nov. 5, 2024

MINUTE entry before the Honorable Thomas M. Durkin: In-court hearing as to the motion to vacate 74 is set for 4/28/2025 at 10:00 a.m. and 4/29/2025 at 10:00 a.m. Mailed notice.

128

Nov. 5, 2024

MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' joint status report and revised discovery schedule 126 and enters the following schedule. The parties shall supplement their initial disclosures considering the Third Amended Complaint by 11/25/2024. Plaintiff shall supplement its Initial Infringement Contentions by 12/9/2024. Defendants shall supplement their Initial Non-Infringement, Unenforceability, and Invalidity Contentions by 12/30/2024. Plaintiff shall serve its Initial Response to Non-Infringement and Invalidity Contentions by 1/20/2025. Plaintiff shall serve its Final Infringement, Unenforceability, and Invalidity Contentions by 5/5/2025. Defendants shall serve their Final Non-Infringement, Enforceability, and Validity Contentions and Documents by 6/2/2025. The parties shall exchange Claim Terms Needing Construction by 6/16/2025. Part 1 of Fact Discovery shall close on 7/14/2025. Defendants shall file their Opening Claim Construction Brief and Joint Appendix by 7/21/2025. Plaintiff shall file its Responsive Claim Construction Brief by 8/18/2025. Defendants shall file their Reply Claim Construction Brief by 9/2/2025. The parties shall file a Joint Claim Construction Chart by 9/9/2025. The District Judge will set a Claim Construction Hearing based on the Court's availability. By 1/7/2025, the parties shall file a joint status report confirming their compliance with this schedule and setting forth any disputes that might require the Court's attention. Mailed notice.

129

Nov. 11, 2024

Answer, Affirmative Defenses, and Counterclaims with Jury Demand by newage-store, haiyi_mall to Plaintiff's Third Amended Complaint [Dkt. No. 125]

130

Dec. 2, 2024

RESPONSE by Plaintiff CAO Group, Inc. to other 129 to Defendants Newage-Store (Defendant 25) and haiyi-mall (Defendant 6)'s Counterclaims

131

Dec. 13, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 12/13/2024. The in-court hearing as to the motion to vacate 74 set for 4/28/2025 and 4/29/2025 stands. A telephone status hearing is set for 2/10/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

132

Dec. 27, 2024

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 12/27/2024: Mailed notice.

133

Jan. 7, 2025

STATUS Report (Joint) by CAO Group, Inc. Presented before Magistrate Judge

134

Jan. 10, 2025

MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' 1/7/2025 joint status report 133, which indicates the parties are following the Court's schedule in 128 and progressing with discovery. By 3/7/2025, the parties shall file a joint status report confirming their continued compliance with the Court's schedule and setting forth any disputes that might require the Court's attention. Emailed notice

135

Jan. 10, 2025

TRANSCRIPT OF PROCEEDINGS held on 10/24/2024 before the Honorable Thomas M. Durkin. Telephone Status Hearing. Order Number: 50573. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782. 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 1/31/2025. Redacted Transcript Deadline set for 2/10/2025. Release of Transcript Restriction set for 4/10/2025.

136

Feb. 10, 2025

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 2/10/2025. The in-court hearing as to the motion to vacate 74 set for 4/28/2025 and 4/29/2025 stands. A telephone status hearing is set for 3/3/2025 at 9:15 a.m., at which time plaintiff's counsel is to report whether their firm will continue to represent plaintiff. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

137

March 3, 2025

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 3/3/2025. The in-court hearing set for 4/28/2025 and 4/29/2025 stands. A joint status report of no more than 2 pages is due by 3/24/2025, addressing a plan for the hearing and attorneys who will be present. Mailed notice.

138

March 7, 2025

MOTION by Attorney Edward L. Bishop and Attorney Benjamin A. Campbell to withdraw as attorney for CAO Group, Inc. No party information provided Presented before District Judge

139

March 7, 2025

MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw as attorney [138] is granted. Attorneys Edward L. Bishop and Benjamin Adam Campbell terminated. Mailed notice.

140

March 7, 2025

STATUS Report (Joint) by CAO Group, Inc. Presented before Magistrate Judge

141

March 11, 2025

MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' 3/7/2025 joint status report 140, which requests a significant extension to the schedule set in 128. Apparently, the parties have not followed their discovery schedule since at least 1/20/2025. Aside from plaintiff's changes in counsel, the parties do not explain their delay in meeting deadlines or their delay in updating the Court. Accordingly, the request to modify the discovery schedule is denied without prejudice. By 3/18/2025, the parties shall file a motion for extension of time, demonstrating good cause and extraordinary circumstances. Mailed notice.

142

March 18, 2025

MOTION by Plaintiff CAO Group, Inc. for extension of time to Submit Discovery Response Presented before Magistrate Judge, MOTION by Plaintiff CAO Group, Inc. to amend/correct the Discovery Schedule - filed Jointly Presented before Magistrate Judge

143

March 19, 2025

MINUTE entry before the Honorable Jeannice W. Appenteng: The parties' motion for extension of time 142 is granted. In the future, the parties shall update the Court of any discovery issues or missed deadlines as they arise, instead of waiting for the next joint status report deadline. The Court enters the following schedule: Plaintiff shall serve its Initial Response to NonInfringement and Invalidity Contentions by 3/21/2025. Plaintiff shall serve its Final Infringement, Unenforceability, and Invalidity Contentions by 8/15/2025. Defendants shall serve their Final NonInfringement, Enforceability, and Validity Contentions and Documents by 9/12/2025. The parties shall exchange Claim Terms Needing Construction by 9/26/2025. Part 1 of Fact Discovery shall close on 10/24/2025. Defendants shall file their Opening Claim Construction Brief and Joint Appendix by 10/31/2025. Plaintiff shall file its Responsive Claim Construction Brief by 12/5/2025. Defendants shall file their Reply Claim Construction Brief by 12/19/2025. The parties shall file a Joint Claim Construction Chart by 1/2/2026. The District Judge will set a Claim Construction Hearing based on the Court's availability. By 3/28/2025, the parties shall file a joint status report confirming their compliance with this schedule and setting forth any disputes that might require the Court's attention. Mailed notice.

144

March 24, 2025

STATUS Report (Joint) by CAO Group, Inc. Presented before District Judge

145

April 1, 2025

MINUTE entry before the Honorable Jeannice W. Appenteng: The parties have failed to comply with the Court's 3/19/2025 order 143. By 4/3/2025, the parties shall file a joint status report confirming their compliance with the discovery schedule and setting forth any disputes that might require the Court's attention. Mailed notice.

146

April 3, 2025

STATUS Report (Joint) by CAO Group, Inc. Presented before Magistrate Judge

147

April 7, 2025

MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' 4/3/2025 joint status report 146, which indicates the parties are complying with the discovery schedule. By 6/5/2025, the parties shall file a joint status report setting forth what additional discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. Mailed notice.

148

April 23, 2025

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff and Defendants haiyi_mall and newage-store reported that they have reached a settlement and are finalizing the details of a consent judgment. The motion hearing set for 4/28/2025 and 4/29/2025 is vacated. Mailed notice.

149

June 4, 2025

MINUTE entry before the Honorable Thomas M. Durkin: By 7/3/2025, the parties shall file a joint status report updating the Court on the status of the case. Mailed notice.

150

June 9, 2025

MINUTE entry before the Honorable Jeannice W. Appenteng: The parties failed to comply with the Court's 4/7/2025 order 147. By 6/11/2025, the parties shall file a joint status report setting forth what additional discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. Mailed notice.

151

June 11, 2025

STATUS Report (Joint) by CAO Group, Inc. Presented before Magistrate Judge

152

June 12, 2025

MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' 6/11/2025 joint status report 151, which indicates the plaintiff and defendants No. 6 and 25 ("Cheng Defendants") have reached a settlement agreement, that the remaining defendants have not communicated with plaintiff for months, if at all, and have not complied with any discovery deadlines, and plaintiff intends to move for entry of default as to these other defendants. By 7/10/2025, plaintiff shall file before the District Judge a stipulation of dismissal regarding the Cheng Defendants or a joint status report on the timing of the dismissal. Additionally, plaintiff's proposed motion for default shall be filed and noticed before the District Judge. All discovery deadlines are stricken. All matters relating to the referral are concluded. The referral is terminated. Mailed notice.

153

June 16, 2025

NOTICE of Voluntary Dismissal by CAO Group, Inc. regarding Defendant No. 6 haiyi_mall and Defendant No. 25 newage-store

154

June 17, 2025

MINUTE entry before the Honorable Thomas M. Durkin: Defendants haiyi_mall, newage-store's motion to vacate the preliminary injunction 74 is denied as moot. Mailed notice

155

July 3, 2025

STATUS Report by CAO Group, Inc.

156

July 3, 2025

MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 8/4/2025, unless a motion for default is filed before then. Mailed notice.

157

July 17, 2025

MOTION by Plaintiff CAO Group, Inc. for default judgment as to BYS Technology (#5), wendydy (#7), Carbonline (#10), IMOSTY Whitening US (#21), Moose Store (#23), tstarlight (#32), homefromgoods (#36), and beapoint (#44), MOTION by Plaintiff CAO Group, Inc. for entry of default

158

July 17, 2025

MEMORANDUM by CAO Group, Inc. in support of motion for default judgment, motion for entry of default, 157

159

July 22, 2025

MINUTE entry before the Honorable Thomas M. Durkin: The 8/4/2025 status report deadline is stricken. A telephone hearing as to the motion for default judgment and entry of default 157 is set for 8/6/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

160

Aug. 6, 2025

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 8/6/2025. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for entry of default and default judgment as to the remaining defendants 157 is granted. Enter order. Civil case terminated. Mailed notice.

161

Aug. 6, 2025

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 8/6/2025. Mailed notice.

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