2024-cv-08280

COMPLAINT filed by Yiwu Baimei Electronic Commerce Co. Ltd.; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22463585.

Exhibit One: Registrations

Exhibit Two: CBP Report

Exhibit Three: Law Review Article

(Exhibit Four: HSI Report)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. by Lydia Pittaway

SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. SCHEDULE A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu Baimei Electronic Commerce Co. Ltd.

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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 Yiwu Baimei Electronic Commerce Co. Ltd. by Michael Thomas Stanley

MAILED Copyright report to Registrar, Washington DC

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. to seal

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3)

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for temporary restraining order

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 9/23/2024. Transcript is to remain sealed. Motion to seal 10 is granted. Motion for third party expedited discovery 11 is granted. Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 12 is granted. Ex parte motion for entry of a temporary restraining order, including a temporary injunction and a temporary asset restraint 13 is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 9/23/2024. Mailed notice.

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. to amend/correct THE TEMPORARY RESTRAINING ORDER ENTERED SEPTEMBER 23, 2024 [D.E. 15]

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte application to amend the Temporary Restraining Order [16] is granted. The TRO is amended to permit Plaintiff to post bond by 10/3/2024. Mailed notice.

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for temporary restraining order extension of 14 days

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte application to extend the Temporary Restraining Order 18 is granted. The TRO is extended by a period of fourteen (14) days until 10/21/2024. Mailed notice.

CHECK BOND in the amount of $ 8000.00 Rcpt. No: 100011554 posted by Yiwu Baimei Electronic Commerce Co. Ltd.

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for preliminary injunction

SUMMONS Returned Executed by Yiwu Baimei Electronic Commerce Co. Ltd. as to 3dayandnight on 10/15/2024, answer due 11/5/2024; huihui86_7 on 10/15/2024, answer due 11/5/2024; kaidi55 on 10/15/2024, answer due 11/5/2024; luckyseller-01 on 10/15/2024, answer due 11/5/2024; m55_77 on 10/15/2024, answer due 11/5/2024; maiya666 on 10/15/2024, answer due 11/5/2024; miaomiao5202016-5 on 10/15/2024, answer due 11/5/2024; wan556_9 on 10/15/2024, answer due 11/5/2024.

CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd.

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 20 is set for 10/24/2024 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.

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for temporary restraining order extension for three days, or through October 24, 2024

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' second motion to extend the temporary restraining order 24 is denied because Federal Rule of Civil Procedure 65 permits only one extension of a temporary restraining order. See H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). If the temporary restraining order entered in this case expires before the Court enters a preliminary injunction, Plaintiffs are ordered to inform all the third parties informed of the temporary restraining order that it is no longer in effect. Mailed notice.

CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd.

CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 10/24/2024. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 20 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Plaintiff's Pleading(s) [DOCKET NO. 1] and Exhibits 1-4 thereto, Schedule A to the Pleading(s) [DOCKET NO(s). 9], Exhibits [1-3] to the Declaration of Jun Wu, and the TRO [DOCKET NO. 15]. 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_Terminate_Instructions.pdf. A telephone status hearing is set for 12/13/2024 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.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 10/24/2024. Mailed notice.

AMENDED SCHEDULE A by Yiwu Baimei Electronic Commerce Co. Ltd.

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for entry of default as to Def. Nos. 1-6 of the Amended Schedule A, MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. for default judgment as to as to Def. Nos. 1-6 of the Amended Schedule A

(Exhibit One: Declaration of L. Pittaway)

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 12/13/2024 at 9:00 a.m. is converted to a telephone hearing on the motion for entry of default and for default judgment [31]. The dial-in information will remain the same. Mailed notice.

ATTORNEY Appearance for Defendant 526600AU by Christopher Paul Keleher

MOTION by Defendant 526600AU for extension of time to file answer regarding complaint, 1 (UNKNOWN IF OPPOSED)

MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer 34 is granted. Defendant 526600AU, Store ID: 5_26600 is to file its response to Plaintiff's Complaint by 12/9/2024. Mailed notice.

CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd.

MINUTE entry before the Honorable Thomas M. Durkin: Telephone hearing as to the motion for entry of default and for default judgment 31 set for 12/13/2024 at 9:00 a.m. is reset for 9:15 a.m. Time change only. Mailed notice.

NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co. Ltd. AS TO DEF. (No. 4) luckyseller-01

NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co. Ltd. defendant (No. 4) luckyseller-01

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 12/13/2024. For the reasons stated on the record, the motion for entry of default and final judgment 31 is granted, excluding defendants who have appeared through counsel. Plaintiff's counsel is to submit a proposed default judgment order, along with the amounts in default judgments entered by the judges in Plaintiff's other cases. A telephone status hearing is set for 1/9/2025 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.

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.

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 1/9/2025 is reset for 1/8/2025 at 9:15 a.m. The dial-in information will remain the same. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 1/8/2025. Plaintiff reports that they have settled with the last defendant and no defendants remain. Civil case terminated. Mailed notice. (jn,)

DEFAULT JUDGMENT ORDER. Signed by the Honorable Thomas M. Durkin on 1/10/2025. Mailed notice. (jn,)

MAILED copyright report with certified copy of minute order dated 1/8/2025 to Registrar, Washington DC. (jn,)

MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co. Ltd. to amend/correct Default Judgment, order 44

MINUTE entry before the Honorable Thomas M. Durkin: Motion to amend default judgment order 46 is granted. Mailed notice.

AMENDED Default Judgment Order. Signed by the Honorable Thomas M. Durkin on 4/17/2025. Mailed notice.