2024-cv-08574

COMPLAINT filed by Albert Koetsier; Filing fee $ 405, receipt number AILNDC-22490699.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Albert Koetsier Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Albert Koetsier by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Albert Koetsier by Adam Grodman

ATTORNEY Appearance for Plaintiff Albert Koetsier by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Albert Koetsier by Christopher Romero

ATTORNEY Appearance for Plaintiff Albert Koetsier by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Albert Koetsier by Yanling Jiang

ATTORNEY Appearance for Plaintiff Albert Koetsier by Yi Bu

CASE ASSIGNED to the Honorable Sunil R. Harjani. 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.

SEALED DOCUMENT by Plaintiff Albert Koetsier [Amended] Schedule A to Complaint 1 and Schedule A 2

MOTION by Plaintiff Albert Koetsier for leave to file under seal

MOTION by Plaintiff Albert Koetsier for leave to file excess pages

MEMORANDUM in Support of 14 Exparte Motion

Declaration of Keith A. Vogt

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

Declaration of Albert Koetsier

(Exhibit 1, of Albert Koetsier's Declaration)

SEALED EXHIBIT by Plaintiff Albert Koetsier Sealed Exhibit 2, Declaration of Albert Koetsier regarding memorandum in support of motion, 15

(Exhibit 2)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [12], motion to exceed page limitation [13], and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication [14] 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 being entered along with this minute order 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 products, 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. Enter Sealed Temporary Restraining Order at 11:30 a.m. on 9/19/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 9/26/2024. Telephone status hearing is set for 10/3/2024 at 9:15 a.m. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 9/19/2024. Mailed notice

MOTION by Plaintiff Albert Koetsier for preliminary injunction

MEMORANDUM by Albert Koetsier 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 Albert Koetsier as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/25/2024, answer due 10/16/2024.

(Declaration of Service)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 20 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all 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 9/30/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 9/30/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. Telephone status hearing set for 10/3/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice

CERTIFICATE of Service by Plaintiff Albert Koetsier regarding terminate hearings, set/reset hearings, 23

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 20 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [22, 24] that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 10/3/2024 is stricken. Summons was issued on 9/19/2024, and Defendants' responses to the complaint are due by 10/16/2024. Plaintiff should file any motion for entry of default and default judgment by 11/6/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 11/13/2024 at 9:15 a.m. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 10/1/2024. Mailed notice

NEW PARTIES: KADS NAILART STORE, NXDA, TBRZTR, RongKai, Genta Kojima, jianhua8990, Dinghua ecological environment, PANYUEHUARUISHANGMAO, POWPOP, hongdongxianmandanshangmaoyouxiangongsi, QZZYWL, xiehejiemin, YINGBEI, RunXiBaiHuo, ZhuoYueXinYou, Brownpiep, Oiiec, hefeiliaomeiqidianzishangwuyouxiangongsi, ma po, GuangZhouShengShanShangMao18, LHshangmao888, xiangzhishangmaogongsi, WMLIFE, YANL-SHOP-X and QueenKer added to case caption.

NEW PARTIES: zhiqing8864, causbh, yangfenfenfuzhuangbaihuodianpu, mmie, MANYUAN, CHENXIANGGUIMAIYIFU, JIAXUGANGMAITOU, xigao, raoeduo, DeRong, dsacxzgtrnuk, JianYoU, ZhiMAI, XiNGFuHuaYU, iSuTun, KONGshan, SunLeidedian, DaFeiXiang, BeiChu, hssFGG, QIKSLC, HZWZB, Biyunhua and yindalun added to case caption.

NEW PARTIES: Defendant 24 added to case caption.

NEW PARTIES: KADS NAILART STORE, NXDA, TBRZTR, RongKai, Genta Kojima, jianhua8990, Dinghua ecological environment, PANYUEHUARUISHANGMAO, POWPOP, hongdongxianmandanshangmaoyouxiangongsi, QZZYWL, xiehejiemin, YINGBEI, RunXiBaiHuo, ZhuoYueXinYou, Brownpiep, Oiiec, hefeiliaomeiqidianzishangwuyouxiangongsi, ma po, GuangZhouShengShanShangMao18, LHshangmao888, xiangzhishangmaogongsi, WMLIFE, YANL-SHOP-X and QueenKer added to case caption.

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

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

MEMORANDUM by Albert Koetsier in support of motion for default judgment 29

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 29 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 10/24/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 10/24/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 10/31/2024 at 9:15 a.m. Telephone status hearing set for 11/13/2024 is stricken. Mailed notice

CERTIFICATE of Service by Plaintiff Albert Koetsier regarding terminate hearings, set/reset hearings, 31

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

MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 29 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 32 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 10/31/2024 is stricken. The Clerk of the Court is directed to return the surety bond posted in the amount of fifty thousand dollar ($50,000) to Plaintiff or his counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois 60604. Enter separate Final Judgment Order. Civil case terminated. Mailed notice

FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 10/28/2024. Mailed notice

MAILED original fifty-thousand-dollar ($50,000) surety bond posted by Albert Koetsier to Keith A. Vogt from the law firm Keith Vogt, Ltd. 33 West Jackson Boulevard #2W Chicago IL. 60604 via certified mail # 7001 2510 0005 7969. (jn,)

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

SATISFACTION of Judgment as to Defendant no. 26 QueenKer

MAILED Closing Copyright report to Registrar, Washington DC.

(Closing Copyright Minute Entry dated 10/28/2024)

SATISFACTION of Judgment as to Defendant no. 31 MANYUAN