2024-cv-11471

2024-cv-11471 Osprey, LLC v. Partnerships and Unincorporated Associations Identified on Schedule A

Date :11/6/2024
Court :Northen District of Illinois
Law FirmDavid Gulbransen

#

Date

Document

1

Nov. 6, 2024

COMPLAINT filed by Osprey, LLC; Filing fee $ 405, receipt number AILNDC-22698124.

Exhibit Exhibit 1

(Exhibit Exhibit 2)

2

Nov. 6, 2024

SEALED DOCUMENT by Plaintiff Osprey, LLC Schedule A

3

Nov. 6, 2024

CIVIL Cover Sheet

4

Nov. 6, 2024

USPTO Cover Sheet by Osprey, LLC

5

Nov. 6, 2024

Affiliate Disclosure by Osprey, LLC

6

Nov. 6, 2024

ATTORNEY Appearance for Plaintiff Osprey, LLC by David Lee Gulbransen, Jr

7

Nov. 6, 2024

MOTION by Plaintiff Osprey, LLC to seal document sealed document 2

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

8

Nov. 7, 2024

MAILED trademark report to Patent Trademark Office, Alexandria VA.

9

Nov. 7, 2024

MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (daj,)

10

Nov. 11, 2024

MOTION by Plaintiff Osprey, LLC for temporary restraining order

11

Nov. 11, 2024

MEMORANDUM by Osprey, LLC in support of motion for temporary restraining order 10

Declaration Declaration of Plaintiff

Declaration Declaration of David Gulbransen

(Exhibit Exhibit 2 to Declaration of David Gulbransen)

12

Nov. 11, 2024

SEALED DOCUMENT by Plaintiff Osprey, LLC

Exhibit Exhibit 1 (Part 1 of 6)

Exhibit Exhibit 1 (Part 2 of 6)

Exhibit Exhibit 1 (Part 3 of 6)

Exhibit Exhibit 1 (Part 4 of 6)

Exhibit Exhibit 1 (Part 5 of 6)

(Exhibit Exhibit 1 (Part 6 of 6))

13

Nov. 11, 2024

MOTION by Plaintiff Osprey, LLC to seal document sealed document, 12

14

Nov. 11, 2024

MOTION by Plaintiff Osprey, LLC for leave to file excess pages

15

Nov. 11, 2024

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion for temporary restraining order 10, motion for leave to file excess pages 14, motion to seal document 13, motion to seal document 7 before Honorable Sara L. Ellis on 11/14/2024 at 01:45 PM.

16

Nov. 13, 2024

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal [7, 13] and for leave to file excess pages 14 and denies Plaintiff's motion for entry of a temporary restraining order 10 without prejudice. Plaintiff filed this case against 137 defendants for infringing a registered trademark and 3 registered copyrights owned by Plaintiff. Under Rule 20, a plaintiff may join multiple defendants in a single action if: (1) the claims against them are asserted with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) a question of law or fact common to all defendants exists. Fed. R. Civ. P. 20(a)(2)(A)(B). In reviewing the complaint in this case, it does not appear that joinder is proper as to all Defendants. As the Court stated in Roadget Business Pte. Ltd. v. The Individuals, Corporations, Limited Liability Cos., Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, alleging that multiple defendants have infringed on the same copyright, trademark, or patent in the same way, without more, does not create the substantial evidentiary overlap required to find joinder proper. No. 23 C 17036, 2024 WL 1858592, at *67 (N.D. Ill. Apr. 29, 2024). The Court directs Plaintiff to file an amended complaint by 11/27/2024, as well as a statement on joinder explaining how the remaining Defendants comply with the Courts order in Roadget. The Court sets a telephonic status date for 12/11/2024 at 9:45 AM. Plaintiff may refile its motion for entry of a temporary restraining order and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

NEW PARTIES: Osprey, LLC added to case caption. Terminating FL, LLC (Text entry; no document attached.)

17

Dec. 5, 2024

MOTION by Plaintiffs FL, LLC, Osprey, LLC for temporary restraining order

18

Dec. 5, 2024

MEMORANDUM by FL, LLC, Osprey, LLC in support of motion for temporary restraining order[17]

Declaration Declaration of Plaintiff

Declaration Declaration of David Gulbransen

Exhibit Exhibit 2

19

Dec. 5, 2024

SEALED DOCUMENT by Plaintiffs FL, LLC, Osprey, LLC Exhibit 1 to Delcaration of David Gulbransen

Exhibit Exhibit 1 (Part 2 of 5)

Exhibit Exhibit 1 (Part 3 of 5)

Exhibit Exhibit 1 (Part 4 of 5)

(Exhibit Exhibit 1 (Part 5 of 5))

20

Dec. 5, 2024

MOTION by Plaintiffs FL, LLC, Osprey, LLC for leave to file excess pages

21

Dec. 5, 2024

SEALED DOCUMENT by Plaintiffs FL, LLC, Osprey, LLC Supplemental Memo in Support of Joinder

Declaration Declaration of David Gulbransen

Exhibit Exhibit 1

Exhibit Exhibit 2

Exhibit Exhibit 3

Exhibit Exhibit 4

Exhibit Exhibit 5

Exhibit Exhibit 6

(Exhibit Exhibit 7)

22

Dec. 5, 2024

MOTION by Plaintiffs FL, LLC, Osprey, LLC to seal document sealed document, [21], sealed document, [19]

23

Dec. 5, 2024

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of

24

Dec. 10, 2024

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

25

Dec. 11, 2024

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 12/11/2024. Plaintiff's ex parte motion for entry of a (1) temporary restraining order, (2) asset restraining order, (3) expedited discovery order, and (4) service of process by email [17] is denied without prejudice. Plaintiff's motion to exceed page limitation [20] is granted. Plaintiff's ex parte motion for leave to temporarily seal documents [22] is granted. Plaintiff to file amended complaint and Schedule A by 12/16/2024. Telephone Conference set for 12/19/2024 at 1:30 PM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

26

Dec. 16, 2024

SEALED DOCUMENT by Plaintiff Osprey, LLC Amended Schedule A

27

Dec. 16, 2024

MOTION by Plaintiff Osprey, LLC for temporary restraining order

28

Dec. 16, 2024

MEMORANDUM by Osprey, LLC in support of motion for temporary restraining order[27]

Declaration Declaration of Plaintiff

Declaration Exhibit to Declaration of David Gulbransen

Exhibit Exhibit 2

29

Dec. 16, 2024

SEALED DOCUMENT by Plaintiff Osprey, LLC Exhibit 1 to Delcaration of David Gulbransen

Exhibit Exhibit 1 (Part 2 of 3)

(Exhibit Exhibit 1 (Part 3 of 3))

30

Dec. 16, 2024

MOTION by Plaintiff Osprey, LLC for leave to file excess pages

31

Dec. 16, 2024

MOTION by Plaintiff Osprey, LLC to seal document sealed document[26], sealed document[29]

32

Dec. 16, 2024

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion for temporary restraining order[27], motion to seal document[31], motion for leave to file excess pages[30] before Honorable Sara L. Ellis on 12/19/2024 at 01:30 PM.

33

Dec. 19, 2024

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for temporary restraining order [27], for leave to file excess pages [30], and for leave to file under seal [31]. The Court strikes the status date set for 12/19/2024 and resets it to 1/7/2024 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Mailed notice.

34

Dec. 19, 2024

SEALED TEMPORARY Restraining Order Signed by the Honorable Sara L. Ellis on 12/19/2024. Mailed notice.

35

Dec. 20, 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 12/20/2024: Mailed notice.

36

Jan. 7, 2025

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

37

Jan. 7, 2025

MOTION by Plaintiff Osprey, LLC for extension of time of Temporary Restraining Order

38

Jan. 8, 2025

Order on Motion for Extension of Time

39

Jan. 10, 2025

SURETY BOND in the amount of $ 64,000 posted by Osprey, LLC. (Document not scanned.)

SUMMONS Issued as to Defendant Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

40

Jan. 13, 2025

SUMMONS Returned Executed by Osprey, LLC as to Partnerships and Unincorporated Associations Identified on Schedule A on 1/13/2025, answer due 2/3/2025.

41

Jan. 13, 2025

MOTION by Plaintiff Osprey, LLC for preliminary injunction

42

Jan. 13, 2025

MEMORANDUM by Osprey, LLC in support of motion for preliminary injunction[41]

Declaration Declaration of David Gulbransen

Exhibit Exhibit to Declaration of David Gulbransen

43

Jan. 13, 2025

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion for preliminary injunction[41] before Honorable Sara L. Ellis on 1/16/2025 at 01:30 PM.

44

Jan. 13, 2025

CERTIFICATE of Service by Plaintiff Osprey, LLC regarding sealed document[26], notice of motion[43], MOTION by Plaintiff Osprey, LLC for preliminary injunction [41], complaint[1], temporary restraining order, SEALED Order[34]

45

Jan. 14, 2025

NOTICE of Voluntary Dismissal by Osprey, LLC of Certain Doe Defendants

46

Jan. 14, 2025

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction [41]. The Law Firm of David Gulbransen is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website located at www.ilnd.uscourts.gov/instructions. The Court strikes the status date set for 1/15/2025 and resets it to 2/19/2025 at 9:45 AM. Plaintiff should file any motion for default and default judgment and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

NEW PARTIES: AI JIA JIA, anhongmaoyi zhongxin, chaoshidai, coky us, Courpal, dingjiawangluo, fly Hung, Friday general store, Gallopzhan, GOXZL-MG06, Greaked, Grubbuing Golden, guangzhoushiliwukejigongzuoshi1, HAIYUNHUI, HHHUICHEN, HipRooster, HoMeNg, hongpus, HQGKeJi, Huitong Nengren Technology, If For You, JIANW Shop A, Jiaqieshangke, KKXXXSSXS, langbaojundedianpu, leisurelo, Lesmin, Lily US Shop, LL-OHBIJ, LNB SHOP, Mustardhope, MyDiemlife-US, NERUS, Omobolanle Store, PEEH, PinZhiShengHuoJias, Ponyo Picks, qiquting, quanqiugouus, Retail Hunters USA, riying, Ruilan, shadehow, shaokang, shunli987654, siyuehang, STARFLYs, steedna, Tecnologia Kunming Encong Co., Ltd., TrendLink Inc., TZPPT, Uharbour, Wangyi Hundred Goods USA, WHB SHOP, Willtuan, Wuhanshimanfanghuashangmaoyouxiangongsi, wuzhaixianwantongbaihuodian, XuYouB, YINGLIs, Yujiang store, zeross, Zhichao shop, zhuawa and ZZKD added to case caption. (Text entry; no document attached.)

47

Jan. 15, 2025

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sara L. Ellis on 1/15/2025:Emailed notice

48

Jan. 27, 2025

ATTORNEY Appearance for Defendant Willtuan by Jianyin Liu

49

Jan. 29, 2025

ANSWER to Complaint with Jury Demand by Willtuan

50

Jan. 29, 2025

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

51

Jan. 31, 2025

MOTION by Plaintiff Osprey, LLC to reassign case

52

Jan. 31, 2025

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion to reassign case[51] before Honorable Sara L. Ellis on 2/5/2025 at 09:45 AM.

53

Feb. 3, 2025

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

54

Feb. 5, 2025

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

55

Feb. 5, 2025

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 2/5/2025. Motion to reassign case [51] is denied. Emailed notice

56

Feb. 11, 2025

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

57

Feb. 19, 2025

MINUTE entry before the Honorable Sara L. Ellis: Case called for telephone conference on 2/19/2025 and Plaintiff did not appear. Telephone conference set for 3/11/2025 at 9:30 AM. Plaintiff should file any motion for default and default judgment and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

58

March 1, 2025

MOTION by Defendant Willtuan to sever for misjoinder

59

March 7, 2025

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

60

March 10, 2025

MOTION by Plaintiff Osprey, LLC for default judgment as to all remaining defendants

61

March 10, 2025

MEMORANDUM by Osprey, LLC in support of motion for default judgment[60]

Declaration Declaration of David Gulbransen

Exhibit Exhibit 1

62

March 10, 2025

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of

63

March 11, 2025

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

64

March 11, 2025

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 3/11/2025. Motion to sever [58] is denied as moot. Motion for default judgment [60] is granted. Telephone Conference set for 3/25/2025 at 9:30 AM. If a stipulation of dismissal is filed prior to status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

65

March 16, 2025

NOTICE of Voluntary Dismissal by All Plaintiffs of Certain Doe Defendants

66

March 25, 2025

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 3/25/2025. Plaintiff appears for status hearing. Plaintiff reports that final Defendant has not settled. Discovery schedule: Rule 26(a)(1) disclosures are due by 4/8/2025; written discovery to issue by 4/15/2025; and fact discovery closes 7/18/2025. The parties should file an initial joint status report by 7/16/2025 indicating the status of fact discovery, the status of settlement discussions and whether the parties request a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing. Next status date set for 7/23/2025 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). 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 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. Emailed notice

67

April 1, 2025

SATISFACTION of Judgment of Certain Doe Defendants

68

April 2, 2025

FINAL JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 4/2/2025:Emailed notice

69

April 19, 2025

STIPULATION of Dismissal of Doe 48 - Willtuan

70

April 19, 2025

SATISFACTION of Judgment of Certain Doe Defendants

71

May 12, 2025

SATISFACTION of Judgment of Certain Doe Defendants

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