2024-cv-05932

2024-cv-05932 Daria Novak v. The Partnerships and Unincorporated Associations Identified On Schedule A

Date :7/15/2024
Court :Northen District of Illinois
Law FirmKeith

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Date

Document

1

July 15, 2024

COMPLAINT filed by Daria Novak; Filing fee $ 405, receipt number AILNDC-22241606.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

2

July 15, 2024

SEALED DOCUMENT by Plaintiff Daria Novak Schedule A to Complaint 1

3

July 15, 2024

CIVIL Cover Sheet

4

July 15, 2024

ATTORNEY Appearance for Plaintiff Daria Novak by Keith A. Vogt

5

July 15, 2024

ATTORNEY Appearance for Plaintiff Daria Novak by Adam Grodman

6

July 15, 2024

ATTORNEY Appearance for Plaintiff Daria Novak by Cameron Eugene Mcintyre

7

July 15, 2024

ATTORNEY Appearance for Plaintiff Daria Novak by Christopher Romero

8

July 15, 2024

ATTORNEY Appearance for Plaintiff Daria Novak by Monica Rita Martin

9

July 15, 2024

ATTORNEY Appearance for Plaintiff Daria Novak by Yanling Jiang

10

July 15, 2024

ATTORNEY Appearance for Plaintiff Daria Novak by Yi Bu

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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.

11

July 15, 2024

MOTION by Plaintiff Daria Novak for leave to file under seal

12

July 15, 2024

MOTION by Plaintiff Daria Novak for leave to file excess pages

14

July 15, 2024

MEMORANDUM in support of 13 Exparte motion

Declaration of Keith A. Vogt

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

Declaration of Daria Novak

(Exhibit 1, of Daria Novak's declaration)

15

July 15, 2024

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

(Exhibit 2-1)

16

July 15, 2024

NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 11, motion for leave to file excess pages 12 before Honorable John Robert Blakey on 7/24/2024 at 11:00 AM.

18

July 17, 2024

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motions for leave to file under seal 11 and for leave to file excess pages 12. The Court also finds that Plaintiff's allegations support the joinder of 27 of the 28 identified Defendants in this single action. Joinder of multiple defendants in a single copyright infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff alleges that Defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." 1 7, 10, 14. Plaintiff further alleges that the infringing products for sale on Defendants' stores "bear similarities and indicia of being related to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id. 30. These allegations remain supported in the screenshot evidence included in the record, with one exception (the screenshot evidence relating to Defendant No. 28 shows that the product offered by that Defendant differs markedly from the products offered by the other 27 defendants). The Court thus dismisses the complaint as to Defendant No. 28, but finds that joinder of Defendants 1 through 27 remains appropriate. And, based upon the record, the Court grants Plaintiff's ex parte motion for entry of a temporary restraining order 13 as to Defendants 1 through 27. Enter Order. Absent further order, this TRO will expire on 7/31/24. The 7/24/24 Notice of Motion date is stricken. Mailed notice

19

July 17, 2024

SEALED ORDER Signed by the Honorable John Robert Blakey on 7/17/202. Mailed notice(gel,)

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

21

July 26, 2024

MOTION by Plaintiff Daria Novak for preliminary injunction

22

July 26, 2024

MEMORANDUM by Daria Novak in support of motion for preliminary injunction 21

Declaration of Keith A. Vogt

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

23

July 26, 2024

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 21 before Honorable John Robert Blakey on 7/31/2024 at 11:00 AM.

24

July 26, 2024

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

(Declaration of Service)

25

July 31, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/31/2024. Plaintiff's motion for preliminary injunction [21] is denied without prejudice as stated in open court. Mailed notice

26

Aug. 2, 2024

MOTION by Plaintiff Daria Novak for preliminary injunction Plaintiff's [Renewed] Motion For Entry Of A Preliminary Injunction

27

Aug. 2, 2024

MEMORANDUM by Daria Novak in support of motion for preliminary injunction 26

Exhibit 1

Declaration of Keith Vogt

(Exhibit 1, Declaration of Keith Vogt)

28

Aug. 2, 2024

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 26 before Honorable John Robert Blakey on 8/7/2024 at 11:00 AM.

29

Aug. 7, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 8/7/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's renewed motion for entry of preliminary injunction 26 is denied without prejudice as stated in open court. Mailed notice

30

Aug. 8, 2024

TRANSCRIPT OF PROCEEDINGS held on August 7, 2024 before the Honorable John Robert Blakey. Order Number: 49509. Court Reporter Contact Information: 312-582-3231. 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 8/29/2024. Redacted Transcript Deadline set for 9/9/2024. Release of Transcript Restriction set for 11/6/2024.

31

Aug. 8, 2024

TRANSCRIPT OF PROCEEDINGS held on July 31, 2024 before the Honorable John Robert Blakey. Order Number: 49509. Court Reporter Contact Information: 312-582-3231. 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 8/29/2024. Redacted Transcript Deadline set for 9/9/2024. Release of Transcript Restriction set for 11/6/2024.

32

Aug. 26, 2024

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 1 Chms

33

Aug. 28, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 32, Defendant Chms is dismissed without prejudice. Mailed notice

34

Sept. 23, 2024

NOTICE of Voluntary Dismissal by Daria Novak as to [Certain] Defendants

35

Oct. 11, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 34, this case is dismissed without prejudice as to Defendants 2 ""§"', 3 jinshiweikaijincheng,4 hungly, 5 zzzjjjlll, 6 guixiangshengweishangmao, 7 Shijiazhuang Chisan Trading Company, 8 hanshanxisidianzishangwugongzuoshi, 9 xiaozhaozhunbeimaidonxi, 10 Limeishangmao, 11 houyiyang, 12 KunMingShiYanYuWangLuoKeJiYouXianGongSi, 13 guchengxiangeyingbashangmaoyouxiangongsi, 14 tangjiaxing, 15 liaozibin, 16 xiangkai1212, 17 QinHuangDaoLingQuanWenHuanChuanMeiYouXianGongSi, 18 ljhelip01, 19 guangzhouhunxinglinshangmaoyouxiangongsi, 20 PengXiaoYu, 21 ShiTianHui, 22 baytrau, 23 Jingfang Stationery store, 24 dssdgdsgs, 25 MENWO, 26 wangyongqiang, 27 EYSObhe and 28 fhkgiloip[e. Mailed notice

36

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.

37

March 3, 2025

MINUTE entry before the Honorable John Robert Blakey: All matters in dispute having been resolved, this case is closed. Civil case terminated. Mailed notice.

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