2024-cv-05769

COMPLAINT filed by Makiko Kimura; Filing fee $ 405, receipt number AILNDC-22222001.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

EXHIBIT by Plaintiff Makiko Kimura Schedule A to Complaint 1 Modified on 8/15/2024.

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Makiko Kimura by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Makiko Kimura by Adam Grodman

ATTORNEY Appearance for Plaintiff Makiko Kimura by Christopher Romero

ATTORNEY Appearance for Plaintiff Makiko Kimura by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Makiko Kimura by Yanling Jiang

ATTORNEY Appearance for Plaintiff Makiko Kimura by Yi Bu

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

ATTORNEY Appearance for Plaintiff Makiko Kimura by Monica Rita Martin

MOTION by Plaintiff Makiko Kimura for leave to file under seal

MOTION by Plaintiff Makiko Kimura 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 Makiko Kimura

(Exhibit 1, of Makiko Kimura's Declaration)

EXHIBIT by Plaintiff Makiko Kimura Sealed Exhibit 2, Declaration of Makiko Kimura regarding memorandum in support of motion, 14 Modified on 8/15/2024.

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

(Exhibit 2-4)

MEMORANDUM by Makiko Kimura Establishing that Joinder is Proper

Declaration of Keith A. Vogt

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

(Exhibit 7)

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's Motion for Leave to File Under Seal 11, Plaintiff's Motion to Exceed Page Limitation 12, and Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 13. Enter Order. Provided that Plaintiff provides the security described in paragraph 10 of the temporary restraining order, the temporary restraining order shall become effective on 07/19/2024 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Mailed notice.

TEMPORARY Restraining Order: Signed by the Honorable Franklin U. Valderrama on 7/16/2024. Mailed notice. (jcm) Modified on 8/15/2024.

SURETY BOND in the amount of $ 10,000 posted by Makiko Kimura. (Document not scanned)

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

MOTION by Plaintiff Makiko Kimura for preliminary injunction

MEMORANDUM by Makiko Kimura in support of motion for preliminary injunction 20

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt's Declaration)

SUMMONS Returned Executed by Makiko Kimura as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/26/2024, answer due 8/16/2024.

(Declaration of Service)

MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 20 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint 2 ; (2) Exhibit 2 to the Declaration of Makiko Kimura 15 ; and (3) the TRO 18. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 8/13/2024. Mailed notice.

NEW PARTIES: Csndice54 Online Boutiques, CSKJCDKM, Mnhhatv1, Eiyaclvo daily of deals, JCCDMZSL, YAUENI, XUNRYAN, LCUFREOZ, Kefuman, Barnrae, actorwidely, Nsc-HuanLE, SCXT Direct, IEPOFG Warehouse Clearance, luxiaodongdream, Ucy-LA, Mzkdieey Fashion Online 7-14 Days Delivery, Yxzogd, LSLJS, deal of the day prime today IXnzadn, chenfuying888, GDBFQART, LIWEIGUO, tangzonggallery, taogoulai, hangzhouchangyiwenhuachuanmeiyouxiangongsi, nsadg, meal-leaf, RTRDE, caomeidafustore, Lixiliw 7-15 Days Fast Delivery, KULEBAIHUODIAN shop, Lightning Deals of Today kilkfuczu, yunchengshiyanhuqujianglandianzishangwuyouxiangong, Dengd332, CloudLg, DFooooti, JOOEHLY, Azuki-Fashion, Fuarmcutoes, ouetsvej, YAJIHOSK, Waxonle, Pandanio, beauxx, OFRKE, liqiangdedianpu, LinPengShangMao, SMIDOW Fashion Online, Cuekondy, SEXY WOMEN, ouiN8 XFR, GONEBIN, Weisheng Info, MYNKYLL, Nikylasi, Trendy Me (Hot Sale), TaFeng Commerce, LULU Fashion, Loyalt, Yingyingni, Linashi, NUODIWL Women Clothes Clearance Sale, Wowhi, Wirziis Warehouse Clearance, One DORA, BNisBM, PIngPENG, chidubaihuo, DOLKFU Online Fashion, Lightning Deals of Today Gibobby, amaz0n summer dresses for women 2024 deals, WOMEN TOP-US and sikadeer2022 added to case caption.

NEW PARTIES: DeogolShop, DINGLIA, IceBear, Sunaei, Morning starr, DYGUYTH, Fashion Wirziis Store, JWZUY-Women US Clothing, Weilau, ZXCTKA, Richhhiii Commerce, XiForu, putianshilichengqujiaranyishangmaoyouxiangongsi, liufengjingyingbu, SOTYIOO-US, LVIITIS, Yiwu Hanyi Trading Co., Ltd, Mxjsua Direct, GFFLAG, KTHOFCY, pzwnsjdg, LCOZX, COLORFUIART, IPOO and Jeeuear added to case caption.

NEW PARTIES: DKNART, ZQZFLAG, zhijiangshigongchuitushangmaoxing, ezhoushihongmubaihuoshanghang111, whfly, vvfuhuishangmao, SUNSHINETT, Kenvina, BBOSCH, TaQTao, JJHAEVDY- Big Promotion, CCLLEG-USA Direct, QIFENS, aukAD Er Lightning Deals of Today Prime, DIANGJ, HZDream, meisly, AYOCO, AmoyStreet, ZOEO, MMstyle, ONEDOUBLE, BAJLDMSHOP, ZAWEYASHOPDM, Best Seller of Womens Pants, JMETRIE, TcIFE Fashion, good summer clothes, WMQPNNS US, raise-asa and NingXiangShiNanJingBaiHuoDian added to case caption.

NEW PARTIES: Defendant 6, Defendant 13, Defendant 37, Defendant 40, Defendant 42, Defendant 51, Defendant 65, Defendant 69, Defendant 74, Defendant 76, Defendant 88, Defendant 89, Defendant 97, Defendant 107, Defendant 108, Defendant 131 and Defendant 141 added to case caption.

PRO SE Appearance by Defendant Fei Xiong (Received via pro se email on 08/13/24.)

NEW PARTIES: Csndice54 Online Boutiques, CSKJCDKM, Mnhhatv1, Eiyaclvo daily of deals, JCCDMZSL, YAUENI, XUNRYAN, LCUFREOZ, Kefuman, Barnrae, actorwidely, Nsc-HuanLE, SCXT Direct, IEPOFG Warehouse Clearance, luxiaodongdream, Ucy-LA, Mzkdieey Fashion Online 7-14 Days Delivery, Yxzogd, LSLJS, deal of the day prime today IXnzadn, chenfuying888, GDBFQART, LIWEIGUO, tangzonggallery, taogoulai, hangzhouchangyiwenhuachuanmeiyouxiangongsi, nsadg, meal-leaf, RTRDE, caomeidafustore, Lixiliw 7-15 Days Fast Delivery, KULEBAIHUODIAN shop, Lightning Deals of Today kilkfuczu, yunchengshiyanhuqujianglandianzishangwuyouxiangong, Dengd332, CloudLg, DFooooti, JOOEHLY, Azuki-Fashion, Fuarmcutoes, ouetsvej, YAJIHOSK, Waxonle, Pandanio, beauxx, OFRKE, liqiangdedianpu, LinPengShangMao, SMIDOW Fashion Online, Cuekondy, SEXY WOMEN, ouiN8 XFR, GONEBIN, Weisheng Info, MYNKYLL, Nikylasi, Trendy Me (Hot Sale), TaFeng Commerce, LULU Fashion, Loyalt, Yingyingni, Linashi, NUODIWL Women Clothes Clearance Sale, Wowhi, Wirziis Warehouse Clearance, One DORA, BNisBM, PIngPENG, chidubaihuo, DOLKFU Online Fashion, Lightning Deals of Today Gibobby, amaz0n summer dresses for women 2024 deals, WOMEN TOP-US and sikadeer2022 added to case caption.

NEW PARTIES: DeogolShop, DINGLIA, IceBear, Sunaei, Morning starr, DYGUYTH, Fashion Wirziis Store, JWZUY-Women US Clothing, Weilau, ZXCTKA, Richhhiii Commerce, XiForu, putianshilichengqujiaranyishangmaoyouxiangongsi, liufengjingyingbu, SOTYIOO-US, LVIITIS, Yiwu Hanyi Trading Co., Ltd, Mxjsua Direct, GFFLAG, KTHOFCY, pzwnsjdg, LCOZX, COLORFUIART, IPOO and Jeeuear added to case caption.

NEW PARTIES: DKNART, ZQZFLAG, zhijiangshigongchuitushangmaoxing, ezhoushihongmubaihuoshanghang111, whfly, vvfuhuishangmao, SUNSHINETT, Kenvina, BBOSCH, TaQTao, JJHAEVDY- Big Promotion, CCLLEG-USA Direct, QIFENS, aukAD Er Lightning Deals of Today Prime, DIANGJ, HZDream, meisly, AYOCO, AmoyStreet, ZOEO, MMstyle, ONEDOUBLE, BAJLDMSHOP, ZAWEYASHOPDM, Best Seller of Womens Pants, JMETRIE, TcIFE Fashion, good summer clothes, WMQPNNS US, raise-asa and NingXiangShiNanJingBaiHuoDian added to case caption.

DEXHIBIT A: Evidence Documentation by Defendant Fei Xiong (Received via pro se email on 8/14/2024.)

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

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant Fei Xiong's pro se appearance 26 and "Evidence Documentation." 27 Defendant Fei Xiong appears to be an individual and, accordingly, is able to represent him or herself. However, the "Evidence Documentation" filing does not request any relief from the Court. To the extent Defendant Fei Xiong is requesting relief from the Court, Defendant Fei Xiong must file a motion for the Court's consideration. Mailed notice.

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

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

MEMORANDUM by Makiko Kimura in support of motion for default judgment 30

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

ATTORNEY Appearance for Defendants BBOSCH, Barnrae, CCLLEG-USA Direct, DINGLIA, DYGUYTH, GONEBIN, HZDream, JCCDMZSL, JJHAEVDY- Big Promotion, LCUFREOZ, Loyalt, NUODIWL Women Clothes Clearance Sale, QIFENS, RTRDE, Wowhi, ZXCTKA, Elneeya Women's store, MINYAU "5-14 day delivery", NBXNZWF Clearance 6-13 days delivery), Biziza wardrobe, EHTMSAK, Strungten, Yu Cheng by Adam Edward Urbanczyk

MOTION by Defendants BBOSCH, Barnrae, Biziza wardrobe, CCLLEG-USA Direct, DINGLIA, DYGUYTH, EHTMSAK, Elneeya Women's store, GONEBIN, HZDream, JCCDMZSL, JJHAEVDY- Big Promotion, LCUFREOZ, Loyalt, MINYAU "5-14 day delivery", NBXNZWF Clearance 6-13 days delivery), NUODIWL Women Clothes Clearance Sale, QIFENS, RTRDE, Strungten, Wowhi, Yu Cheng, ZXCTKA for extension of time

MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment [30]. Statutory damages are awarded in the amount of $100,000 per each distinct Defaulting Defendant as indicated in the order. Enter Default Judgment Order as amended. By 09/21/2024, Plaintiff is directed to file a status report as to the status of the case against the remaining defendants. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Mailed notice.

DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 8/21/2024. Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant BBOSCH, Barnrae, CCLLEG-USA Direct, DINGLIA, DYGUYTH, GONEBIN, HZDream, JCCDMZSL, JJHAEVDY- Big Promotion, LCUFREOZ, Loyalt, NUODIWL Women Clothes Clearance Sale, QIFENS, RTRDE, Wowhi, ZXCTKA, Elneeya Women's store, MINYAU "5-14 day delivery", NBXNZWF Clearance 6-13 days delivery), Biziza wardrobe, EHTMSAK, Strungten, Yu Cheng's ("certain Defendants") motion for extension of time [33]. For the reasons stated in the motion, the Court grants certain Defendants' request. Certain Defendants' have until 09/09/2024 to file their responsive pleading. Mailed notice.

MOTION by Defendants Biziza wardrobe, EHTMSAK, Strungten, Yu Cheng to amend/correct attorney appearance, [32]

MOTION by Defendant Fei Xiong to vacate default judgment. (Received via pro se email on 08/22/2024)

MEMORANDUM by Fei Xiong in support of motion to vacate default judgment [38]. (Received via pro se email on 08/22/2024)

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is certain Defendants' motion to correct appearance [37]. The Court grants the motion, and directs counsel to file an amended appearance. The Clerk of Court is instructed to remove the following Defendants from the docket: Strungten, Biziza wardrobe, EHTMSAK, and Yu Cheng. Mailed notice.

SATISFACTION of Judgment as to [Certain] defendants

SATISFACTION of Judgment as to defendant no. 109 KTHOFCY

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant's motion to vacate default judgment [38]. In Defendant's pro se appearance, he or she entered an appearance for "Fei Xiong," which the Court understood was for an individual. [26] Defendant also submitted a document titled "Dexhibit A: Evidence Documentation." [27] The Court entered the following Minute Entry on 08/16/2024: "Before the Court is Defendant Fei Xiong's pro se appearance [26] and 'Evidence Documentation.' [27] Defendant Fei Xiong appears to be an individual and, accordingly, is able to represent him or herself. However, the 'Evidence Documentation' filing does not request any relief from the Court. To the extent Defendant Fei Xiong is requesting relief from the Court, Defendant Fei Xiong must file a motion for the Court's consideration." [28] Now, Defendant has filed a motion to vacate default judgment [38]. In the motion, Defendant states "Defendant, Fei Xiong, appearing pro se under the name 'Azuki-Fashion.'" Id. As Defendant filed an appearance on behalf of "Fei Xiong," and not "Azuki-Fashion," it was not evident to the Court that "Azuki-Fashion" should be excluded from the Default Judgment Order. Moreover, in order to file any motion before the Court, Azuki-Fashion must obtain counsel, as a corporation cannot appear in court pro se or be represented by a non-lawyer. Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."). Thus, the Court strikes the pending motion [38] without prejudice. In the absence of an appearance on behalf of Azuki-Fashion by counsel, the Court cannot consider motions or other filings submitted on behalf of Azuki-Fashion by a non-attorney. Defendant must retain counsel if it is to participate in this case. Mailed notice.

RESPONSE to Complaint by Fei Xiong. (Received via pro se email on 08/30/2024)

MOTION by Defendant Fei Xiong to reconsider, and vacate default judgment [35].

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

SATISFACTION of Judgment as to defendant no. 83 WOMEN TOP-US

STATUS Report Pursuant to Minute Entry [34] by Makiko Kimura

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Fei Xiong's motion to reconsider and vacate default judgment [45]. Fei Xiong is an individual and non-attorney purporting to represent a named Defendant, Azuki-Fashion. As previously explained, in the absence of an appearance on behalf of Azuki-Fashion by counsel, the Court cannot consider motions or other filings submitted on behalf of Azuki-Fashion by a non-attorney, which includes the pending response to the Complaint filed on 8/30/2024 [44] and the motion to reconsider filed on 09/02/2024. [45] Notably, even if the Court could consider the pro se filings, both filings were made after default judgment was entered against Defendant Azuki-Fashion. For the foregoing reasons, the Court strikes the response [44] and denies the motion to reconsider [45]. Based upon Plaintiff's Status Report [48], the Court understands that this matter may be terminated once the pending motion to reconsider is resolved. On that basis, the Court instructs Plaintiff that in order to obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Mailed notice.

MOTION by Plaintiff Makiko Kimura to Release Surety Bond

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's Motion to Release Surety Bond [50]. The ten thousand dollar ($10,000.00) surety bond posted by Plaintiff, including any interest minus the registry fee, is hereby released to Keith Vogt, Ltd. at 33 West Jackson Boulevard, #2W, Chicago, Illinois 60604. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Keith Vogt, Ltd. at 33 West Jackson Boulevard, #2W, Chicago, Illinois 60604 via certified mail. Civil case terminated. Mailed notice.

ORDER: Signed by the Honorable Franklin U. Valderrama on 11/19/2024. Mailed notice.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Keith Vogt, Ltd. Keith A. Vogt of Keith Vogt, Ltd. 33 West Jackson Boulevard Unit #2W Chicago, IL 60604 via certified mail #9589 0710 5270 0579 7780 48.

RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7780 48.

SATISFACTION of Judgment as to [certain] defendants

SATISFACTION of Judgment as to defendant no. 44 Azuki-Fashion

SATISFACTION of Judgment as to defendant no. 103 LVIITIS

SATISFACTION of Judgment as to defendant no. 4 Eiyaclvo daily of deals and defendant no. 91 Morning starr