2024-cv-03794

SEALED MOTION by Plaintiff Guanyi Zhang Sealed Complaint (Poplin, Allen Justin)

COMPLAINT filed by Guanyi Zhang; Jury Demand. Filing fee $ 405, receipt number AILNDC-21950064.(Poplin, Allen Justin)

CIVIL Cover Sheet (Poplin, Allen Justin)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Guanyi Zhang (Poplin, Allen Justin)

NOTICE by Guanyi Zhang re complaint 2 (Poplin, Allen Justin)

MOTION by Plaintiff Guanyi Zhang to seal (Poplin, Allen Justin)

MOTION by Plaintiff Guanyi Zhang alternate service (Poplin, Allen Justin)

MOTION by Plaintiff Guanyi Zhang for temporary restraining order (Poplin, Allen Justin)

MOTION by Plaintiff Guanyi Zhang for temporary restraining order MEMORANDUM IN SUPPORT (Poplin, Allen Justin)

ATTORNEY Appearance for Plaintiff Guanyi Zhang by Allen Justin Poplin (Poplin, Allen Justin)

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 1).

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.

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion to seal Schedule A to its complaint 6 is granted. Plaintiff shall file its sealed Schedule A to the complaint by 5/29/24. The Clerk is directed to terminate Docket Entry Nos. 1 and 9 as pending motions as the attached documents are not motions, but are instead a duplicate copy of the complaint and a memorandum in support of the motion for TRO, respectively. Mailed notice

SEALED EXHIBIT by Plaintiff Guanyi Zhang Schedule A regarding complaint 2 (Poplin, Allen Justin)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 8, and motion for electronic service of process 7 are granted. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal. The Temporary Restraining Order that will be entered in due course shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows 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 counterfeit 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Plaintiff shall submit the proposed temporary restraining order to the Court's proposed order inbox by 6/3/24. Status hearing is set for 7/15/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeffrey I Cummings on 6/3/2024. Mailed notice.

Registry Deposit Information Form by Guanyi Zhang (Poplin, Allen Justin)

BOND in the amount of $ 10000 cashier's check, receipt no. 100007255 posted by Guanyi Zhang.

REGISTRY Deposit Information Form by Guanyi Zhang. (Received by mail in the Clerk's Office on 6/11/2024)

ATTORNEY Appearance for Defendant OVEDirect by Timothy Tiewei Wang

MOTION by Plaintiff Guanyi Zhang for extension of time for TRO (Poplin, Allen Justin)

MEMORANDUM by Guanyi Zhang in support of extension of time 18 for TRO

(Declaration of Allen Justin Poplin)(Poplin, Allen Justin)

NOTICE of Voluntary Dismissal by Guanyi Zhang (Poplin, Allen Justin)

NOTICE of Voluntary Dismissal by Guanyi Zhang (Poplin, Allen Justin)

NOTICE of Voluntary Dismissal by Guanyi Zhang (Poplin, Allen Justin)

NOTICE of Voluntary Dismissal by Guanyi Zhang (Poplin, Allen Justin)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for extension of TRO 18 is granted. The TRO entered on 6/3/24 14 is continued to 7/1/24. Mailed notice

ATTORNEY Appearance for Defendant Retail Hunters by Leslie Rafalli Gillis

ATTORNEY Appearance for Defendant Retail Hunters by Cory Jay Rosenbaum

MAILED Patent report to Patent Trademark Office, Alexandria VA

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

NOTICE of Voluntary Dismissal by Guanyi Zhang (Poplin, Allen Justin)

NOTICE of Voluntary Dismissal by Guanyi Zhang (Poplin, Allen Justin)

SUMMONS Returned Executed by Guanyi Zhang as to Partnerships and Unincorporated Associations Identified on Schedule A, The on 6/21/2024, answer due 7/12/2024. (Poplin, Allen Justin)

MOTION by Plaintiff Guanyi Zhang for preliminary injunction (Poplin, Allen Justin)

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 31 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by July 8, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Allen Justin Poplin on behalf of Guanyi Zhang regarding text entry, 32 (Poplin, Allen Justin)

ATTORNEY Appearance for Defendant FADLIGHT by Jianyin Liu

RESPONSE by FADLIGHTin Opposition to MOTION by Plaintiff Guanyi Zhang for preliminary injunction 31

Exhibit A-USPTO Rejection

Exhibit B- Plf's Argument 02222023

Exhibit C- '180 Patent

(Exhibit D- Prior Sales)

NOTICE by FADLIGHT re response in opposition to motion, 35 of Striking [DE 35]

RESPONSE by FADLIGHTin Opposition to MOTION by Plaintiff Guanyi Zhang for preliminary injunction 31

Exhibit A- USPTO'S REJECTION

Exhibit B- Plf's Argument

Exhibit C- '180 Patent

(Exhibit D- Prior Sales)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff shall file a reply to defendant FADLIGHT's response to the motion for preliminary injunction by 8/5/24. The 7/15/24 tracking status hearing is stricken and re-set to 8/26/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

MOTION by Defendant FADLIGHTto Lift Temporary Restraining Order and Order Plaintiff to Notify Amazon to Release Defendant

MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of defendant Fadlight's "emergency" motion to lift TRO 39. Fadlight's motion 39 is entered and continued as follows. First, the Court's case management procedures for emergency motions (available on the Court's website) require any party seeking to file an emergency motion to contact the Court's courtroom deputy before filing the motion, not after filing, as appears to have been the case here. Second, in its motion, defendant Fadlight asks the Court to lift the previously entered TRO because, in its view, the TRO expired on 7/1/24. However, on 6/27/24, this Court ordered as follows: "For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff's motion for preliminary injunction, along with defendant's response, remains under advisement with plaintiff's reply due 8/5/24. Finally, defense counsel reports he has been unable to reach plaintiff's counsel to discuss this matter. Plaintiff's counsel and counsel for defendant Fadlight are directed to meet and confer to determine whether they can reach an agreement regarding the relief requested in defendant's motion. If the parties resolve this motion, they shall promptly notify the Court. Otherwise, plaintiff shall include its response to the motion in its forthcoming reply in support of its motion for preliminary injunction and the Court will resolve the motion in due course. Mailed notice

NOTICE by FADLIGHT re response in opposition to motion, 37 of Correcting Exhibit "A" of Response to Motion for Preliminary Injunction

(Exhibit A- Non-Final Rejection USPTO)

MOTION by Defendant FADLIGHT for extension of time to file answer regarding complaint 2

MOTION by Defendant FADLIGHT to compel Response from Plaintiff

RESPONSE by Guanyi Zhangin Opposition to MOTION by Defendant FADLIGHT to compel Response from Plaintiff 43 (Poplin, Allen Justin)

MEMORANDUM by Guanyi Zhang in Opposition to motion for extension of time to file answer 42

Exhibit A

(Exhibit A-1)(Poplin, Allen Justin)

REPLY by FADLIGHT to memorandum in opposition to motion 45

(Exhibit A- Jul. 17 Email)

REPLY by FADLIGHT to response in opposition to motion 44

NOTICE of Voluntary Dismissal by Guanyi Zhang of the last remaining defendant (Poplin, Allen Justin)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff has filed a notice of voluntary dismissal [48] of the last remaining defendant, which is self-effectuating under Rule 41(a)(1)(A)(i). All pending motions [31] [39] [42] [43] are terminated as moot and all deadlines and hearings are stricken. Civil case terminated. Mailed notice

MOTION by Plaintiff Guanyi Zhang for bond return (Poplin, Allen Justin)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to return bond 50 is granted. Enter Order. Mailed notice.

ORDER: This matter was terminated 8/6/2024. 49 The ten-thousand dollar ($10,000) surety bond posted 6/11/2024 by Plaintiff in connection with the temporary restraining order previously entered in this case is hereby released to Plaintiff or its counsel, Justin Poplin of Avek IP, LLC. The Clerk of the Court is directed to return the entire surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Signed by the Honorable Jeffrey I Cummings on 8/9/2024. Mailed notice.

MAILED patent report with certified copy of minute order dated 8/6/2024 to Patent Trademark Office, Alexandria VA. (jn,)

AMENDED ORDER RETURNING BOND Signed by the Honorable Jeffrey I Cummings on 10/10/2024. Mailed notice

AMENDED ORDER RETURNING BOND Signed by the Honorable Jeffrey I Cummings on 10/16/2024. Mailed notice

AMENDED ORDER RETURNING BOND Signed by the Honorable Jeffrey I Cummings on 10/25/2024. Mailed notice