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Date |
Document |
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1 |
Nov. 22, 2024 |
COMPLAINT filed by Yiwu Baimei Electronic Commerce Co., Ltd.; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22763370. Exhibit One: Registrations Exhibit Two: CBP Report Exhibit Three: Law Review Article (Exhibit Four: HSI Report) |
2 |
Nov. 22, 2024 |
CIVIL Cover Sheet |
3 |
Nov. 22, 2024 |
ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. by Lydia Pittaway CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 3). (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.) |
4 |
Nov. 22, 2024 |
SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. SCHEDULE A |
5 |
Nov. 22, 2024 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Yiwu Baimei Electronic Commerce Co., Ltd. |
6 |
Nov. 22, 2024 |
ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. by Michael Thomas Stanley |
7 |
Nov. 22, 2024 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. Please note that the table's requirements were revised on October 10, 2024. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by December 6, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice. |
8 |
Nov. 26, 2024 |
SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. AMENDED SCHEDULE A |
9 |
Nov. 26, 2024 |
DECLARATION of JUN WU |
10 |
Nov. 26, 2024 |
SEALED DOCUMENT by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. EXHIBITS ONE THROUGH THREE TO THE DECLARATION OF JUN WU (DOC. 9): Exhibit One: Copyright Registrations Exhibit Two: Schedule A Exhibit Three: Evidence (Part 1 of 11) Exhibit Three: Evidence (Part 2 of 11) Exhibit Three: Evidence (Part 3 of 11) Exhibit Three: Evidence (Part 4 of 11) Exhibit Three: Evidence (Part 5 of 11) Exhibit Three: Evidence (Part 6 of 11) Exhibit Three: Evidence (Part 7 of 11) Exhibit Three: Evidence (Part 8 of 11) Exhibit Three: Evidence (Part 9 of 11) Exhibit Three: Evidence (Part 10 of 11) (Exhibit Three: Evidence (Part 11 of 11)) |
11 |
Nov. 26, 2024 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed the required template 8, but the Court will not take action as to Defendant 83 (Sevenwell DIY) given the date the information was last collected (more than one year ago). Otherwise, a status report as to next steps is due by December 3, 2024, unless the appropriate motion is filed sooner. Mailed notice. |
12 |
Nov. 26, 2024 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to seal |
13 |
Nov. 26, 2024 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. FOR THIRD PARTY EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW |
14 |
Nov. 26, 2024 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. FOR ELECTRONIC SERVICE OF PROCESS PURSUANT TO FED. R. CIV. P. 4(f)(3) |
15 |
Nov. 26, 2024 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for temporary restraining order (Exhibit One: Declaration of L. Pittaway) |
16 |
Dec. 3, 2024 |
SEALED ORDER Signed by the Honorable Lindsay C. Jenkins on 12/3/2024. Mailed notice. |
17 |
Dec. 3, 2024 |
SEALED TRO Signed by the Honorable Lindsay C. Jenkins on 12/3/2024. Mailed notice. BOND in the amount of $10,000 check, Receipt no. 100013865, posted by Yiwu Baimei Electronic Commerce Co., Ltd. (Text entry; no document attached.) |
18 |
Dec. 4, 2024 |
REGISTRY DEPOSIT INFORMATION FORM filed by Yiwu Baimei Electronic Commerce Co., Ltd. (Received at the Intake Counter on 12/4/2024) |
19 |
Dec. 10, 2024 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for temporary restraining order extension of 14 days |
20 |
Dec. 11, 2024 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend to the TRO 19 is granted. The TRO is extended to December 31, 2024. Mailed notice. |
21 |
Dec. 19, 2024 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. as to (NO. 120) Originating from love |
22 |
Dec. 19, 2024 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for preliminary injunction SUMMONS Issued as to Defendant The Partnerships And Unincorporated Associations Identified On Schedule A (Text entry; no document attached.) |
23 |
Dec. 20, 2024 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 22 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining 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 December 26, 2024. If no objections are filed by that date, the Court will consider the motion unopposed. 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. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Emailed notice |
32 |
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. |
24 |
Dec. 23, 2024 |
CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. |
25 |
Dec. 23, 2024 |
SUMMONS Returned Executed by Yiwu Baimei Electronic Commerce Co., Ltd. as to aichipin on 12/23/2023, answer due 1/15/2024; ASAISWO on 12/23/2023, answer due 1/15/2024; Autones on 12/23/2023, answer due 1/15/2024; binzhougaoxinquchunqingbaihuodian on 12/23/2023, answer due 1/15/2024; binzhougaoxinquzhiqubaihuodian on 12/23/2023, answer due 1/15/2024; Bo Ruo Sheng on 12/23/2023, answer due 1/15/2024; Boya USA on 12/23/2023, answer due 1/15/2024; Capiant on 12/23/2023, answer due 1/15/2024; Cute Chic on 12/23/2023, answer due 1/15/2024; dngYIkej on 12/23/2023, answer due 1/15/2024; DUxiany on 12/23/2023, answer due 1/15/2024; Elana jewelry box on 12/23/2023, answer due 1/15/2024; enshishiqiunashangmaoyouxiangongsi on 12/23/2023, answer due 1/15/2024; enshishiquandudianzishangwuyouxiangongsi on 12/23/2023, answer due 1/15/2024; Fasheng2024 on 12/23/2023, answer due 1/15/2024; Gtrlums on 12/23/2023, answer due 1/15/2024; GuangZhouHuanMaiMaoYiYouXianGongSi on 12/23/2023, answer due 1/15/2024; GuangZhouQiFangKeJiYouXianGongSi on 12/23/2023, answer due 1/15/2024; Haiyu USA on 12/23/2023, answer due 1/15/2024; Helisohgrn on 12/23/2023, answer due 1/15/2024; HEziej on 12/23/2023, answer due 1/15/2024; HongyiFushi on 12/23/2023, answer due 1/15/2024; hwdjiSW on 12/23/2023, answer due 1/15/2024; jackyee on 12/23/2023, answer due 1/15/2024; JIayng23 on 12/23/2023, answer due 1/15/2024; JiNanJuanQiFuShangMaoYouXianGongSi on 12/23/2023, answer due 1/15/2024; Johunjun on 12/23/2023, answer due 1/15/2024; JYYJGJJ on 12/23/2023, answer due 1/15/2024; Kuaijin on 12/23/2023, answer due 1/15/2024; KuLuo on 12/23/2023, answer due 1/15/2024; Langfangshiyahuanshangmaoyouxiangongsi on 12/23/2023, answer due 1/15/2024; Letesi on 12/23/2023, answer due 1/15/2024; Linhong001 on 12/23/2023, answer due 1/15/2024; Ljiingky on 12/23/2023, answer due 1/15/2024; LJLongtr on 12/23/2023, answer due 1/15/2024; Lxiaohd3 on 12/23/2023, answer due 1/15/2024; MALOYANVE on 12/23/2023, answer due 1/15/2024; Neytjhg on 12/23/2023, answer due 1/15/2024; Pgeang on 12/23/2023, answer due 1/15/2024; Pyanhd on 12/23/2023, answer due 1/15/2024; QChong3d on 12/23/2023, answer due 1/15/2024; QInyhd on 12/23/2023, answer due 1/15/2024; qiqiaokejiyouxiangongsi on 12/23/2023, answer due 1/15/2024; QYSH-MXW on 12/23/2023, answer due 1/15/2024; RTYUBV on 12/23/2023, answer due 1/15/2024; SHUPERY on 12/23/2023, answer due 1/15/2024; smalllove on 12/23/2023, answer due 1/15/2024; Szecl on 12/23/2023, answer due 1/15/2024; tianjinshenglinxuanshangmaohang(gerenduzi) on 12/23/2023, answer due 1/15/2024; WEIfeNG on 12/23/2023, answer due 1/15/2024. |
26 |
Dec. 23, 2024 |
SUMMONS Returned Executed by Yiwu Baimei Electronic Commerce Co., Ltd. as to XIAOshen on 12/23/2024, answer due 1/13/2025; XIOcong on 12/23/2024, answer due 1/13/2025; XU-huihui on 12/23/2024, answer due 1/13/2025; XUyaid on 12/23/2024, answer due 1/13/2025; XYQ Direct on 12/23/2024, answer due 1/13/2025; Yahsdw on 12/23/2024, answer due 1/13/2025; YangBiCheng Store on 12/23/2024, answer due 1/13/2025; YAZILIND JEWELRY LTD on 12/23/2024, answer due 1/13/2025; Ying Ze Dian Zi on 12/23/2024, answer due 1/13/2025; Yoetaun on 12/23/2024, answer due 1/13/2025; YouHong on 12/23/2024, answer due 1/13/2025; YunyingBeauty on 12/23/2024, answer due 1/13/2025; yuzimeizhuang on 12/23/2024, answer due 1/13/2025; zerongdianziyouxiangongsi on 12/23/2024, answer due 1/13/2025; ZHIyongyouc on 12/23/2024, answer due 1/13/2025; Acrylicool on 12/23/2024, answer due 1/13/2025; ASF jewelry on 12/23/2024, answer due 1/13/2025; boying7 on 12/23/2024, answer due 1/13/2025; cherry fashion on 12/23/2024, answer due 1/13/2025; dequanshun on 12/23/2024, answer due 1/13/2025; DUOSHENG on 12/23/2024, answer due 1/13/2025; E-Sky Factory on 12/23/2024, answer due 1/13/2025; GGDUAI on 12/23/2024, answer due 1/13/2025; JHD09. on 12/23/2024, answer due 1/13/2025; jiafa on 12/23/2024, answer due 1/13/2025; JING LUO on 12/23/2024, answer due 1/13/2025; JunYi11 on 12/23/2024, answer due 1/13/2025; Lditecoldi on 12/23/2024, answer due 1/13/2025; Pleal on 12/23/2024, answer due 1/13/2025; QD YING FAN on 12/23/2024, answer due 1/13/2025; Resin Silicone Mold Mall on 12/23/2024, answer due 1/13/2025; Rinhoo jewelry on 12/23/2024, answer due 1/13/2025; shangxinfanghuyongpin on 12/23/2024, answer due 1/13/2025; Tai Ru on 12/23/2024, answer due 1/13/2025; XY jewelry on 12/23/2024, answer due 1/13/2025; yuan 7 on 12/23/2024, answer due 1/13/2025; YWXIxiang0-0 on 12/23/2024, answer due 1/13/2025; Zhejiang Yiwu Linger jewelry factory on 12/23/2024, answer due 1/13/2025; Zhong C on 12/23/2024, answer due 1/13/2025; Acrylic SHOP on 12/23/2024, answer due 1/13/2025; Ada Fashion Jewellery on 12/23/2024, answer due 1/13/2025; Angel Wings silicone mould on 12/23/2024, answer due 1/13/2025; Choc jewelry on 12/23/2024, answer due 1/13/2025; CoCo DIY on 12/23/2024, answer due 1/13/2025; DDYY s craft shop on 12/23/2024, answer due 1/13/2025; DEFORAGE on 12/23/2024, answer due 1/13/2025; DIY Resin Craft on 12/23/2024, answer due 1/13/2025; ENXIER on 12/23/2024, answer due 1/13/2025; FDM Jewelry on 12/23/2024, answer due 1/13/2025. |
27 |
Dec. 23, 2024 |
SUMMONS Returned Executed by Yiwu Baimei Electronic Commerce Co., Ltd. as to FICONA on 12/23/2024, answer due 1/13/2025; HALO JEWELRY on 12/23/2024, answer due 1/13/2025; HENDERRY on 12/23/2024, answer due 1/13/2025; huiyi jewelry on 12/23/2024, answer due 1/13/2025; JIDUO on 12/23/2024, answer due 1/13/2025; Junjie ornament factory on 12/23/2024, answer due 1/13/2025; KaB NaZ on 12/23/2024, answer due 1/13/2025; Kenve on 12/23/2024, answer due 1/13/2025; LEQU Handmade DIY on 12/23/2024, answer due 1/13/2025; LighKiss on 12/23/2024, answer due 1/13/2025; Lulujewelry on 12/23/2024, answer due 1/13/2025; Manti jewelry on 12/23/2024, answer due 1/13/2025; MEIYIDUODUO on 12/23/2024, answer due 1/13/2025; Miao Qi Jewelry on 12/23/2024, answer due 1/13/2025; NAM SUN on 12/23/2024, answer due 1/13/2025; NeeFu WoFu Jewelry on 12/23/2024, answer due 1/13/2025; NEW ISLAND JEWELRY on 12/23/2024, answer due 1/13/2025; Nuoxian on 12/23/2024, answer due 1/13/2025; Onege Resin on 12/23/2024, answer due 1/13/2025; Rikastua on 12/23/2024, answer due 1/13/2025; Romance dealers on 12/23/2024, answer due 1/13/2025; saipujewelry on 12/23/2024, answer due 1/13/2025; Set Jewelry on 12/23/2024, answer due 1/13/2025; Silicone mold boutique shop on 12/23/2024, answer due 1/13/2025; Silicone World on 12/23/2024, answer due 1/13/2025; TICOGIRL on 12/23/2024, answer due 1/13/2025; Tsuki on 12/23/2024, answer due 1/13/2025; vilei on 12/23/2024, answer due 1/13/2025; XT Jewelry on 12/23/2024, answer due 1/13/2025; yiwumiaoqidianzishangwu on 12/23/2024, answer due 1/13/2025; youshang on 12/23/2024, answer due 1/13/2025; AIXIANG Co.Ltd on 12/23/2024, answer due 1/13/2025; bahuidianzishangwu on 12/23/2024, answer due 1/13/2025; Besaacan on 12/23/2024, answer due 1/13/2025; BINBGHS on 12/23/2024, answer due 1/13/2025; Born beautiful on 12/23/2024, answer due 1/13/2025; BPLLAPEG on 12/23/2024, answer due 1/13/2025; BUHGDE on 12/23/2024, answer due 1/13/2025; CYMGZDZ on 12/23/2024, answer due 1/13/2025; guangzhouminchangkejiyouxiangongsi on 12/23/2024, answer due 1/13/2025; HuiErHu on 12/23/2024, answer due 1/13/2025; jsiga on 12/23/2024, answer due 1/13/2025; landege on 12/23/2024, answer due 1/13/2025; LEHOZIHEQ on 12/23/2024, answer due 1/13/2025; Leiity on 12/23/2024, answer due 1/13/2025; leishangdao on 12/23/2024, answer due 1/13/2025; Lenkho on 12/23/2024, answer due 1/13/2025; Lhiodmall on 12/23/2024, answer due 1/13/2025. |
28 |
Dec. 23, 2024 |
SUMMONS Returned Executed by Yiwu Baimei Electronic Commerce Co., Ltd. as to Liguanbao on 12/23/2024, answer due 1/13/2025; LIJUNHE on 12/23/2024, answer due 1/13/2025; LILELIDS on 12/23/2024, answer due 1/13/2025; Lilgiuy Fashion Saving on 12/23/2024, answer due 1/13/2025; lingyanmaoyi on 12/23/2024, answer due 1/13/2025; LiuHuanWireless on 12/23/2024, answer due 1/13/2025; Liukekj on 12/23/2024, answer due 1/13/2025; LKNNAHUU on 12/23/2024, answer due 1/13/2025; LNNGHJ on 12/23/2024, answer due 1/13/2025; LNWXQY on 12/23/2024, answer due 1/13/2025; longlong88 on 12/23/2024, answer due 1/13/2025; LunYuFeng on 12/23/2024, answer due 1/13/2025; Lushas on 12/23/2024, answer due 1/13/2025; Luxe Beauty Hub on 12/23/2024, answer due 1/13/2025; Luyaoo on 12/23/2024, answer due 1/13/2025; LYNDZGS on 12/23/2024, answer due 1/13/2025; MAUXDA on 12/23/2024, answer due 1/13/2025; Miangastore on 12/23/2024, answer due 1/13/2025; miehs on 12/23/2024, answer due 1/13/2025; MINGQU Co.Ltd on 12/23/2024, answer due 1/13/2025; minlixin on 12/23/2024, answer due 1/13/2025; MIQIN Co.Ltd on 12/23/2024, answer due 1/13/2025; Mizhichuiyu on 12/23/2024, answer due 1/13/2025; MLFoif on 12/23/2024, answer due 1/13/2025; MOGjc on 12/23/2024, answer due 1/13/2025; OTdpuo on 12/23/2024, answer due 1/13/2025; Piebxs on 12/23/2024, answer due 1/13/2025; Pingxizhi on 12/23/2024, answer due 1/13/2025; QCSshou on 12/23/2024, answer due 1/13/2025; Qiushaoyue on 12/23/2024, answer due 1/13/2025; QQUAO on 12/23/2024, answer due 1/13/2025; Quqiuxian on 12/23/2024, answer due 1/13/2025; Rrouserry on 12/23/2024, answer due 1/13/2025; RuiruikejiCo. Ltd on 12/23/2024, answer due 1/13/2025; RuiYuanAiDianZi on 12/23/2024, answer due 1/13/2025; saideli on 12/23/2024, answer due 1/13/2025; SanYi on 12/23/2024, answer due 1/13/2025; SanYiDa on 12/23/2024, answer due 1/13/2025; Sebtyili INC on 12/23/2024, answer due 1/13/2025; Shaojun on 12/23/2024, answer due 1/13/2025; Sheeyr on 12/23/2024, answer due 1/13/2025; Shengjike on 12/23/2024, answer due 1/13/2025; Shiusinaa on 12/23/2024, answer due 1/13/2025; Shuliwen on 12/23/2024, answer due 1/13/2025; Shycloude on 12/23/2024, answer due 1/13/2025; SIfdSeng on 12/23/2024, answer due 1/13/2025; Sipeihong on 12/23/2024, answer due 1/13/2025; SOAC on 12/23/2024, answer due 1/13/2025; Sohindel on 12/23/2024, answer due 1/13/2025; soon on 12/23/2024, answer due 1/13/2025; stars. on 12/23/2024, answer due 1/13/2025; WEIYAN Co.Ltd on 12/23/2024, answer due 1/13/2025; YINQI Co.Ltd on 12/23/2024, answer due 1/13/2025; ZHIWEI Co.Ltd on 12/23/2024, answer due 1/13/2025. |
29 |
Dec. 24, 2024 |
ATTORNEY Appearance for Defendants Recardis, Rejuvena, Letesi, landege, leishangdao, Lhiodmall, Liguanbao, Liukekj, Miangastore, minlixin, Mizhichuiyu, Pingxizhi, Qiushaoyue, Quqiuxian, Rrouserry, saideli, Shaojun, Shengjike, Shuliwen, Sipeihong, SOAC by Brian Swift |
30 |
Dec. 24, 2024 |
RESPONSE by Defendants Letesi, landege, leishangdao, Lhiodmall, Liguanbao, Liukekj, Miangastore, minlixin, Mizhichuiyu, Pingxizhi, Qiushaoyue, Quqiuxian, Rrouserry, saideli, Shaojun, Shengjike, Shuliwen, Sipeihong, SOAC, Recardis, Rejuvena in opposition to Plaintiff's Motion for Preliminary Injunction [Dkt. 22] (Declaration of Xiaoxiao Liu) |
31 |
Dec. 29, 2024 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's reply to certain Defendants' opposition to the preliminary injunction 30 is due by January 8, 2025. The hearing on the motion for a preliminary injunction is set for January 15, 2025 at 10:30 a.m. in person in Courtroom 2119. Mailed notice. |
33 |
Jan. 8, 2025 |
ATTORNEY Appearance for Defendants Linhong001, Ljiingky, Lxiaohd3, Neytjhg, Pgeang, Pyanhd, QChong3d, QInyhd, qiqiaokejiyouxiangongsi, QYSH-MXW, WEIfeNG, XIAOshen, XU-huihui, XUyaid, Yahsdw, Ying Ze Dian Zi, Yoetaun, YouHong, YunyingBeauty, yuzimeizhuang, zerongdianziyouxiangongsi, Autones, Bo Ruo Sheng, dngYIkej, DUxiany, enshishiquandudianzishangwuyouxiangongsi, Fasheng2024, GuangZhouHuanMaiMaoYiYouXianGongSi, GuangZhouQiFangKeJiYouXianGongSi, HEziej, HongyiFushi, hwdjiSW, JIayng23, JYYJGJJ, Kuaijin by Matthew L. De Preter (Defendant Store List)(De Preter, Matthew) |
34 |
Jan. 8, 2025 |
MOTION by Defendants Linhong001, Ljiingky, Lxiaohd3, Neytjhg, Pgeang, Pyanhd, QChong3d, QInyhd, qiqiaokejiyouxiangongsi, QYSH-MXW, WEIfeNG, XIAOshen, XU-huihui, XUyaid, Yahsdw, Ying Ze Dian Zi, Yoetaun, YouHong, YunyingBeauty, yuzimeizhuang, zerongdianziyouxiangongsi, Autones, Bo Ruo Sheng, dngYIkej, DUxiany, enshishiquandudianzishangwuyouxiangongsi, Fasheng2024, GuangZhouHuanMaiMaoYiYouXianGongSi, GuangZhouQiFangKeJiYouXianGongSi, HEziej, HongyiFushi, hwdjiSW, JIayng23, JYYJGJJ, Kuaijin for extension of time to file answer or otherwise plead (Exhibit 1. Email)(De Preter, Matthew) |
35 |
Jan. 8, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The moving Defendants' motion for extension of time 34 is granted. These Defendants' responsive pleadings are now due by February 12, 2025. Mailed notice. |
36 |
Jan. 8, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply as to Response, 30, order on motion for preliminary injunction, set motion and R&R deadlines/hearings, set/reset hearings, 31 |
37 |
Jan. 9, 2025 |
Notice of Agreement as to Motion filed as Doc. 36 by Yiwu Baimei Electronic Commerce Co., Ltd. |
38 |
Jan. 10, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The unopposed motion for extension of time 36 is granted. Plaintiff's reply brief is now due by January 22, 2025. The January 15, 2025 hearing date is stricken and reset to January 30, 2025 at 10:00 am in person in Courtroom 2119. Mailed notice. |
39 |
Jan. 13, 2025 |
MOTION by Defendants Letesi, landege, leishangdao, Lhiodmall, Liguanbao, Liukekj, Miangastore, minlixin, Mizhichuiyu, Pingxizhi, Qiushaoyue, Quqiuxian, Rrouserry, saideli, Shaojun, Shengjike, Shuliwen, Sipeihong, SOAC, Recardis, Rejuvena to dismiss for lack of jurisdiction |
40 |
Jan. 14, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion dismiss 39 is due by January 24, 2025 and the moving Defendants' reply is due by January 31, 2025. Mailed notice. |
41 |
Jan. 15, 2025 |
ATTORNEY Appearance for Defendants AIXIANG Co.Ltd, MINGQU Co.Ltd, MIQIN Co.Ltd, RuiruikejiCo. Ltd, WEIYAN Co.Ltd, YINQI Co.Ltd, ZHIWEI Co.Ltd by He Cheng |
42 |
Jan. 15, 2025 |
MOTION by Defendants AIXIANG Co.Ltd, MINGQU Co.Ltd, MIQIN Co.Ltd, RuiruikejiCo. Ltd, WEIYAN Co.Ltd, YINQI Co.Ltd, ZHIWEI Co.Ltd for extension of time to file answer |
43 |
Jan. 16, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants' unopposed motion for extension of time 42 is granted. The responsive pleading is now due by February 10, 2025. Mailed notice. |
44 |
Jan. 21, 2025 |
MEMORANDUM by Linhong001, Ljiingky, Lxiaohd3, Neytjhg, Pgeang, Pyanhd, QChong3d, QInyhd, qiqiaokejiyouxiangongsi, QYSH-MXW, WEIfeNG, XIAOshen, XU-huihui, XUyaid, Yahsdw, Ying Ze Dian Zi, Yoetaun, YouHong, YunyingBeauty, yuzimeizhuang, zerongdianziyouxiangongsi, Autones, Bo Ruo Sheng, dngYIkej, DUxiany, enshishiquandudianzishangwuyouxiangongsi, Fasheng2024, GuangZhouHuanMaiMaoYiYouXianGongSi, GuangZhouQiFangKeJiYouXianGongSi, HEziej, HongyiFushi, hwdjiSW, JIayng23, JYYJGJJ, Kuaijin in Opposition to motion for preliminary injunction 22 And Cross Motion to Dismiss Ex. A - Declaration of Tao Shubiao Ex. 1 to Declaration (Ex. 2 to Declaration)(De Preter, Matthew) |
45 |
Jan. 22, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins:The Court intends to resolve the pending motions to dismiss and opposition to the preliminary injunction filed by various Defendants 44, 39 at the same time, so the January 30, 2025 22 38 in person status hearing is stricken and reset to February 6, 2025 at 9:30 am in Courtroom 2119. Counsel must appear in person. In addition to the response deadlines the Court already imposed, Plaintiff's reply to the filing at 44 is due by January 31, 2025. Mailed notice. |
46 |
Jan. 24, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. as to Defendant (No. 20) Helisohgrn |
47 |
Jan. 24, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply as to motion to dismiss/lack of jurisdiction, 39, order on motion to dismiss/lack of jurisdiction, set motion and R&R deadlines/hearings 40 |
48 |
Jan. 27, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply as to motion for extension of time to file response/reply, 47 (AMENDED TO INCLUDE DEFENDANTS' POSITION)(UNOPPOSED) |
49 |
Jan. 27, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply as to memorandum in opposition to motion, 44 (UNOPPOSED) |
50 |
Jan. 28, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (NO. 69) cherry fashion |
51 |
Jan. 28, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. NOTICE OF VOLUNTARY DISMISSAL AS TO DEFENDANTS (NO. 142) HuiErHu, (NO. 145) LEHOZIHEQ, (NO. 148) Lenkho, (NO. 153) Lilgiuy Fashion Saving, (NO. 161) LunYuFeng, (NO. 166) MAUXDA, (NO. 186) SanYi, (NO. 187) SanYiDa |
52 |
Jan. 28, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (NO. 137) Born beautiful, (NO. 140) CYMGZDZ, (NO. 151) LIJUNHE, (NO. 157) LKNNAHUU, (NO. 158) LNNGHJ, (NO. 159) LNWXQY, (NO. 163) Luxe Beauty Hub, (NO. 165) LYNDZGS, (NO. 178) QCSshou, (NO. 180) QQUAO, (NO. 188) Sebtyili INC, (NO. 192) Shiusinaa, (NO. 199) soon, (NO. 200) stars. |
53 |
Jan. 28, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motions for extensions of time 47 48 are granted. Plaintiff's response to the motion to dismiss filed at docket entry 39 is now due by February 6, 2025; and the moving Defendants' reply is due by February 13, 2025. Mailed notice. |
54 |
Jan. 28, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins:Plaintiff's unopposed motion for extensions of time 49 is granted. Plaintiff's response to the motion to dismiss filed at docket entry 39 is now due by February 10, 2025; and the moving Defendants' reply is due by February 17, 2025. Mailed notice. |
55 |
Feb. 4, 2025 |
ATTORNEY Appearance for Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. by Sandra Cristina Perez-blackmar |
56 |
Feb. 4, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. of Def. no. 104 huiyi jewelry |
57 |
Feb. 5, 2025 |
NOTICE by Linhong001, Ljiingky, Lxiaohd3, Neytjhg, Pgeang, Pyanhd, QChong3d, QInyhd, qiqiaokejiyouxiangongsi, QYSH-MXW, WEIfeNG, XIAOshen, XU-huihui, XUyaid, Yahsdw, Ying Ze Dian Zi, Yoetaun, YouHong, YunyingBeauty, yuzimeizhuang, zerongdianziyouxiangongsi, Autones, Bo Ruo Sheng, dngYIkej, DUxiany, enshishiquandudianzishangwuyouxiangongsi, Fasheng2024, GuangZhouHuanMaiMaoYiYouXianGongSi, GuangZhouQiFangKeJiYouXianGongSi, HEziej, HongyiFushi, hwdjiSW, JIayng23, JYYJGJJ, Kuaijin of Corporate Disclosures Pursuant to Rule 7.1 and LR 3.2 (De Preter, Matthew) |
58 |
Feb. 5, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Briefing on the filings pending at docket entries 39 and 44 remains ongoing, so the February 6, 2025 in person hearing 45 is stricken and will be reset to a date following the close of briefing. Mailed notice. |
59 |
Feb. 6, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for discovery Plaintiff's Opposed Motion for Jurisdictional Discovery and to Stay Briefing and Decision on D.E. 30 and 39 |
60 |
Feb. 6, 2025 |
MEMORANDUM by Yiwu Baimei Electronic Commerce Co., Ltd. in support of motion for discovery 59 |
61 |
Feb. 7, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for jurisdictional discovery 59 is denied. Plaintiff sought its first extension of time in January 2025 [see 48], which the Court granted, and then it waited until the date its response brief was due (yesterday) to request a stay and time for the parties to conduct jurisdictional discovery. But generally, a plaintiff must be able to establish a colorable or prima facie showing of personal jurisdiction before discovery should be permitted. See In re Sheehan, 48 F.4th 513, 526 (7th Cir. 2022) (cleaned up); HAMANN GmbH v. The Individuals, 21-cv-3591, Dkt. 53 ("The Court finds the sum of these presentations sufficient to establish a prima facie showing of personal jurisdiction. Therefore, limited jurisdictional discovery is warranted.") Plaintiff's response to the motion to dismiss, which was due by February 6, 2025 is now due by February 13, 2025. The moving Defendants' reply is now due by February 20, 2025. Mailed notice. |
62 |
Feb. 10, 2025 |
MOTION by Defendants AIXIANG Co.Ltd, MINGQU Co.Ltd, MIQIN Co.Ltd, RuiruikejiCo. Ltd, WEIYAN Co.Ltd, YINQI Co.Ltd, ZHIWEI Co.Ltd to dismiss for lack of jurisdiction Exhibit Ex. 1 - Declaration of Baoli Yang Exhibit Ex. 2 - Declaration of Jiaming Chen Exhibit Ex. 3 - Declaration of Jielin Zhang Exhibit Ex. 4 - Declaration of Tianwen Li Exhibit Ex. 5 - Declaration of Weiyu Huang Exhibit Ex. 6 - Declaration of Dongcai Luo (Exhibit Ex. 7 - Declaration of Jiakang Huang) |
63 |
Feb. 10, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The Court extends the deadline for a stipulation of dismissal to February 21, 2025. Mailed notice. |
64 |
Feb. 10, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for discovery Plaintiff's Opposed Motion for Jurisdictional Discovery and to Stay Briefing and Decision on D.E. 44 |
65 |
Feb. 10, 2025 |
MEMORANDUM by Yiwu Baimei Electronic Commerce Co., Ltd. in support of motion for discovery 64 (Exhibit Exhibit 1) |
66 |
Feb. 11, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (NO. 82) Rinhoo jewelry |
67 |
Feb. 11, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The order entered at docket entry 63 is vacated because it was entered in error. Plaintiff's response to the motion to dismiss 62 is due by February 25, 2025 and the moving Defendants' reply is due by March 4, 2025. Mailed notice. |
68 |
Feb. 11, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins:The motion for jurisdictional discovery 64 and to stay briefing is largely denied for the same reasons the Court denied a similar motion on February 7, 2025. Plaintiff sought its first extension of time in January 2025 [see 54 ], which the Court granted, and then it waited until the date its response brief was due (yesterday) to request a stay and time for the parties to conduct jurisdictional discovery. But generally, a plaintiff must be able to establish a colorable or prima facie showing of personal jurisdiction before discovery should be permitted. See In re Sheehan, 48 F.4th 513, 526 (7th Cir. 2022) (cleaned up); HAMANN GmbH v. The Individuals, 21-cv-3591, Dkt. 53 ("The Court finds the sum of these presentations sufficient to establish a prima facie showing of personal jurisdiction. Therefore, limited jurisdictional discovery is warranted.") Plaintiff's response to the motion to dismiss, which was due by February 10, 2025 is now due by February 18, 2025. The moving Defendants' reply is now due by February 21, 2025. Mailed notice. |
69 |
Feb. 11, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for default judgment as to Defendants No. 1-2, 4-5, 7-9, 12-13, 16, 19, 24, 26-27, 30-31, 35, 37, 45-49, 52, 55, 57-58, 65-68, 70-78, 80-81, 84-103, 105-119, 121-132, 134-136, 138-139, 141, 143, 146, 152, 154-155, 160, 162, 164, 168, 173-176, 184, 190, 194-195, 198., MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for entry of default as to Defendants No. 1-2, 4-5, 7-9, 12-13, 16, 19, 24, 26-27, 30-31, 35, 37, 45-49, 52, 55, 57-58, 65-68, 70-78, 80-81, 84-103, 105-119, 121-132, 134-136, 138-139, 141, 143, 146, 152, 154-155, 160, 162, 164, 168, 173-176, 184, 190, 194-195, 198 (Exhibit One: Declaration of L. Pittaway) |
70 |
Feb. 12, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion 69 for entry of default and default judgment against certain Defendants. Defendants No. 1-2, 4-5, 7-9, 12-13, 16, 19, 24, 26-27, 30-31, 35, 37, 45-49, 52, 55, 57-58, 65-68, 70-78, 80-81, 84-103, 105-119, 121-132, 134-136, 138-139, 141, 143, 146, 152, 154-155, 160, 162, 164, 168, 173-176, 184, 190, 194-195, 198 have failed either to plead or to otherwise appear to defend against this action. Accordingly, 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 February 19, 2025. 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 February 14, 2025. A hearing 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. Mailed notice. |
71 |
Feb. 13, 2025 |
ATTORNEY Appearance for Defendant KuLuo by Sydney Ni Xue |
72 |
Feb. 13, 2025 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KuLuo |
73 |
Feb. 13, 2025 |
CERTIFICATE of Service by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. |
74 |
Feb. 13, 2025 |
MOTION by Defendant KuLuo for extension of time to file answer regarding complaint, 1 |
75 |
Feb. 13, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to unseal document |
76 |
Feb. 13, 2025 |
RESPONSE by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to Response, 30, motion to dismiss/lack of jurisdiction, 39 |
77 |
Feb. 14, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant KuLuo's motion for extension of time 74 is granted. The Defendants' responsive pleading is now due by March 15, 2025. Plaintiff's motion to unseal 75 is granted. The Clerk shall unseal docket Entries 4, 8, 10, 16 and 17. Mailed notice. |
78 |
Feb. 14, 2025 |
ATTORNEY Appearance for Defendants Letesi, landege, leishangdao, Lhiodmall, Liukekj, Miangastore, minlixin, Mizhichuiyu, Pingxizhi, Qiushaoyue, Quqiuxian, Rrouserry, saideli, Shaojun, Shengjike, Shuliwen, Sipeihong, SOAC by Adam Edward Urbanczyk |
79 |
Feb. 14, 2025 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Letesi, landege, leishangdao, Lhiodmall, Liguanbao, Liukekj, Miangastore, minlixin, Mizhichuiyu, Pingxizhi, Qiushaoyue, Quqiuxian, Rrouserry, saideli, Shaojun, Shengjike, Shuliwen, Sipeihong, SOAC |
80 |
Feb. 16, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. As to Defendant (NO. 81) Resin Silicone Mold Mall |
81 |
Feb. 16, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. as to Defendant (No. 8) Capiant |
82 |
Feb. 16, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (NO. 7) Boya USA, (NO. 9) Cute Chic, and (NO. 19) Haiyu USA, AND NOTICE OF MOOTED MOTION [D.E. 69] |
83 |
Feb. 17, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 79) Pleal, (No. 86) XY jewelry, (No. 89) Zhejiang Yiwu Linger jewelry factory, AND NOTICE OF MOOTED MOTION [D.E. 69] |
84 |
Feb. 18, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 37) MALOYANVE AND (No. 47) smalllove, AND NOTICE OF MOOTED MOTION [D.E. 69] |
85 |
Feb. 19, 2025 |
RESPONSE by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to memorandum in opposition to motion, [44] Exhibit Declaration of L. Ford Banister Supplement Unreported Cases |
86 |
Feb. 19, 2025 |
ATTORNEY Appearance for Defendants Lditecoldi, Luyaoo, bahuidianzishangwu by Adam Edward Urbanczyk |
87 |
Feb. 19, 2025 |
MOTION by Defendants Lditecoldi, Luyaoo, bahuidianzishangwu for extension of time |
88 |
Feb. 20, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Lditecoldi, Luyaoo, bahuidianzishangwu's motion for extension of time [87] is granted. These Defendants' responsive pleading is now due by March 12, 2025. Mailed notice. |
89 |
Feb. 20, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The following Order applies only to certain non-appearing Defendants who have not responded to Plaintiff's motion for entry of default judgment. The motion for default judgment [69] is granted. Enter Final Judgment Order as to certain Defendants. Mailed notice. |
90 |
Feb. 20, 2025 |
PARTIAL DEFAULT JUDGMENT entered as to certain defendants Signed by the Honorable Lindsay C. Jenkins on 2/20/2025. Mailed notice. |
91 |
Feb. 21, 2025 |
REPLY by Defendants Letesi, Lhiodmall, Liguanbao, Liukekj, Miangastore, Mizhichuiyu, Pingxizhi, Qiushaoyue, Quqiuxian, Recardis, Rejuvena, Rrouserry, SOAC, Shaojun, Shengjike, Shuliwen, Sipeihong, landege, leishangdao, minlixin, saideli to Response[76] |
92 |
Feb. 21, 2025 |
REPLY by Defendants Autones, Bo Ruo Sheng, DUxiany, Fasheng2024, GuangZhouHuanMaiMaoYiYouXianGongSi, GuangZhouQiFangKeJiYouXianGongSi, HEziej, HongyiFushi, JIayng23, JYYJGJJ, Kuaijin, Linhong001, Ljiingky, Lxiaohd3, Neytjhg, Pgeang, Pyanhd, QChong3d, QInyhd, QYSH-MXW, WEIfeNG, XIAOshen, XU-huihui, XUyaid, Yahsdw, Ying Ze Dian Zi, Yoetaun, YouHong, YunyingBeauty, dngYIkej, enshishiquandudianzishangwuyouxiangongsi, hwdjiSW, qiqiaokejiyouxiangongsi, yuzimeizhuang, zerongdianziyouxiangongsi to memorandum in opposition to motion, [44], Response[85] --REPLY IN SUPPORT OF THE MEMORANDUM OF SHENZHEN CAICHI APPAREL CO., LTD IN OPPOSITION TO THE ENTRY OF A PRELIMINARY INJUNCTION AND CROSS MOTION TO DISMISS [DKT. 44] Exhibit A - Dkt. 48 in the matter of Jun Feng v. The Partnerships 24-cv-8963 (O Exhibit B - Dkt. 46 in the matter of Jun Feng v. The Partnerships 24-cv-08963 ( |
93 |
Feb. 25, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 133) AIXIANG Co.Ltd, (No. 169) MINGQU Co.Ltd, (No. 171) MIQIN Co.Ltd, (No. 183) RUIRUIKEJI Co.Ltd, (No. 201) WEIYAN Co.Ltd, (No. 202) YINQI Co.Ltd, (No. 203) ZHIWEI Co.Ltd, AND NOTICE OF MOOTED MOTION [D.E. 62] |
94 |
Feb. 26, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a voluntary dismissal as to Defendants AIXIANG Co.Ltd, MINGQU Co.Ltd, MIQIN Co.Ltd, RuiruikejiCo. Ltd, WEIYAN Co.Ltd, YINQI Co.Ltd, ZHIWEI Co.Ltd, so the motion to dismiss [62] is denied as moot. The clerk shall terminate Defendants AIXIANG Co.Ltd, MINGQU Co.Ltd, MIQIN Co.Ltd, RuiruikejiCo. Ltd, WEIYAN Co.Ltd, YINQI Co.Ltd, ZHIWEI Co.Ltd. Mailed notice. |
95 |
Feb. 26, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 30) KuLuo |
96 |
Feb. 26, 2025 |
SATISFACTION of Judgment regarding entered judgment[90] AS TO DEF. (55) XYQ Direct, (58) YAZILIND JEWELRY LTD, (77) JunYi11, and (92) Ada Fashion Jewellery |
97 |
Feb. 26, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (NO. 78) Lditecoldi |
98 |
Feb. 26, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to dismiss [39] is granted. Defendants Letesi, landege, leishangdao, Lhiodmall, Liguanbao, Liukekj, Miangastore, minlixin, Mizhichuiyu, Pingxizhi, Qiushaoyue, Quqiuxian, Rrouserry, saideli, Shaojun, Shengjike, Shuliwen, Sipeihong, SOAC, Recardis, Rejuvena are dismissed without prejudice and terminated from the case. In addition, Defendants Linhong001, Ljiingky, Lxiaohd3, Neytjhg, Pgeang, Pyanhd, QChong3d, QInyhd, qiqiaokejiyouxiangongsi, QYSH-MXW, WEIfeNG, XIAOshen, XU-huihui, XUyaid, Yahsdw, Ying Ze Dian Zi, Yoetaun, YouHong, YunyingBeauty, yuzimeizhuang, zerongdianziyouxiangongsi, Autones, Bo Ruo Sheng, dngYIkej, DUxiany, enshishiquandudianzishangwuyouxiangongsi, Fasheng2024, GuangZhouHuanMaiMaoYiYouXianGongSi, GuangZhouQiFangKeJiYouXianGongSi, HEziej, HongyiFushi, hwdjiSW, JIayng23, JYYJGJJ, and Kuaijin, who filed an opposition to the motion for a preliminary injunction [44] are also dismissed without prejudice for lack of jurisdiction. See attached Order for further details. The dismissal is without prejudice so Plaintiff may refile its claims against the dismissed Defendants should facts sufficient to confer jurisdiction come to light. A revised preliminary injunction order as to the remaining parties (other than the Defendants who have been dismissed or moved for dismissal) should be emailed to the Court's PO Box by February 26, 2025. Mailed notice. |
99 |
Feb. 26, 2025 |
ORDER written by the Honorable Lindsay C. Jenkins on 2/26/2025. Mailed notice. |
100 |
Feb. 27, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: KuLuo terminated. Mailed notice. |
101 |
March 5, 2025 |
SATISFACTION OF JUDGMENT AS TO DEF. (No. 176) Piebxs by Yiwu Baimei Electronic Commerce Co., Ltd. |
102 |
March 5, 2025 |
SATISFACTION OF JUDGMENT AS TO DEF. (85) Tai Ru by Yiwu Baimei Electronic Commerce Co., Ltd. |
103 |
March 14, 2025 |
ATTORNEY Appearance for Defendant QD YING FAN by Qin Zhuang |
104 |
March 14, 2025 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by QD YING FAN |
105 |
March 14, 2025 |
MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by QD YING FAN QD YING FAN'S Motion to Vacate Default Judgment and for Discovery Declaration Decl. of Zhai Anbang |
106 |
March 14, 2025 |
MOTION by Defendant QD YING FAN to set a briefing schedule |
107 |
March 17, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant No.80 QD Ying Fan has filed a motion to vacate default judgment. Plaintiff's response is due by March 31, 2025 and Defendant's reply is due by April 7, 2025. Mailed notice. |
108 |
March 24, 2025 |
MOTION by Defendant QD YING FAN for leave to file DEFENDANT QD YING FANS MOTION FOR LEAVE TO FILE AMENDED MOTION TO VACATE DEFAULT JUDGMENT AND SUPPLEMENTAL DECLARATION Declaration SUPPLEMENTAL DECLARATION OF ZHAI ANBANG Exhibit Exhibit 1-Listing and Products Exhibit Exhibit 2--Merchant Dashboard Data Sheet Exhibit Exhibit 3--Correspondence Amended Motion. clean Amended Motion. redline |
109 |
March 24, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to vacate should address the information described in the amended motion and supplemental declaration. The response remains due by March 31, 2025 and the reply remains due by April 7, 2025. Mailed notice. |
110 |
March 30, 2025 |
ATTORNEY Appearance for Defendant Elana jewelry box by Shaoyi Che |
111 |
March 31, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply as to motion for leave to file, [108] **OPPOSED** |
112 |
March 31, 2025 |
RESPONSE DEFENDANT QD YING FANS OPPOSITION TO PLAINTIFFS MOTION FOR EXTENSION OF TIME (ECF 111) |
113 |
March 31, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's opposed motion for an extension of time [111] is partly granted. Plaintiff's response to the motion to dismiss is now due by April 4, 2025. Defendant QD YING FAN's reply is due no later than April 11, 2025. Mailed notice. |
114 |
April 1, 2025 |
MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Elana jewelry box against Partial Default Judgment (Dkt.90) Memorandum of Law in Support of Motion to Vacate Partial Default Judgment Declaration Exhibit 1 Exhibit 2 |
115 |
April 1, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to vacate default as to Defendant Elana jewelry box is due by April 11, 2025 and Defendant's reply is due by April 21, 2025. Mailed notice. |
116 |
April 4, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 102) HALO JEWELRY and (No. 111) Lulujewelry |
117 |
April 4, 2025 |
RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd.in Opposition to MOTION by Defendant QD YING FAN for leave to file DEFENDANT QD YING FANS MOTION FOR LEAVE TO FILE AMENDED MOTION TO VACATE DEFAULT JUDGMENT AND SUPPLEMENTAL DECLARATION [108] Exhibit One: Declaration of L. Pittaway Exhibit Two: Exhibit Two (Service Email) Exhibit Three: Exhibit Three (Service Email) |
118 |
April 7, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: HALO JEWELRY and Lulujewelry terminated.Mailed notice. |
119 |
April 8, 2025 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Elana jewelry box |
120 |
April 9, 2025 |
SATISFACTION OF JUDGMENT AS TO DEFENDANTS (No. 88) YWXIxiang0-0 by Yiwu Baimei Electronic Commerce Co., Ltd. |
121 |
April 9, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 164) Luyaoo |
122 |
April 10, 2025 |
REPLY by QD YING FAN to response in opposition to motion, [117] |
123 |
April 11, 2025 |
AMENDED NOTICE OF VOLUNTARY DISMISSAL AS TO DEFENDANT (No. 111) Lulujewelry [D.E. 116] [AMENDED TO CORRECT DEFENDANTS NAME ONLY] by Yiwu Baimei Electronic Commerce Co., Ltd. |
124 |
April 11, 2025 |
RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd.in Opposition to MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Elana jewelry box against Partial Default Judgment (Dkt.90)[114] Exhibit One: Declaration of L. Pittaway Exhibit Two: Service Email Exhibit Three: Service Email |
125 |
April 14, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to vacate by Defendant QD YING FAN [105] [108] relates to this Defendant's single sale of one accused product in the United States. What is unknown is where within the United States the product shipped. Plaintiff represents that it has requested but not yet received documents from the seller platform regarding details of the sale and therefore cannot confirm the shipping address for the sale. Plaintiff has until April 17, 2025 to update the Court on additional information received for the intended shipping address for the sale. The filing should relay what information has been received; additional argument is not permitted. The Court encourages the parties to meaningfully concur if the records definitively show the place of shipment for the sale in question. Mailed notice. |
126 |
April 15, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The docket entry at [125] is amended to correct a typographical error: The motion to vacate by Defendant QD YING FAN [105] [108] relates to this Defendant's single sale of one accused product in the United States. What is unknown is where within the United States the product shipped. Plaintiff represents that it has requested but not yet received documents from the seller platform regarding details of the sale and therefore cannot confirm the shipping address for the sale. Plaintiff has until April 17, 2025 to update the Court on additional information received for the intended shipping address for the sale. The filing should relay what information has been received; additional argument is not permitted. The Court encourages the parties to meaningfully confer if the records definitively show the place of shipment for the sale in question. Mailed notice. |
127 |
April 16, 2025 |
STATUS Report PURSUANT TO MINUTE ORDER (DOC. 126) by Yiwu Baimei Electronic Commerce Co., Ltd. |
128 |
April 17, 2025 |
NOTICE OF SETTLEMENT AS TO DEFENDANT (No. 80) QD YING FANS AND NOTICE OF MOOTED MOTION [D.E. 108] by Yiwu Baimei Electronic Commerce Co., Ltd. |
129 |
April 17, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant bahuidianzishangwu's responsive pleading was due by March 12, 2025, but nothing was filed [88]. It does not appear that Plaintiff has voluntarily dismissed this Defendant from this action, so by April 22, 2025, Plaintiff shall file a status report as to next steps for this Defendant and any other pending Defendant in the case besides Elana jewelry box. Mailed notice. |
130 |
April 17, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: In light of the notice of settlement [128], the motions to vacate [105] [108] are denied as moot. Mailed notice. |
131 |
April 17, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 134) bahuidianzishangwu |
132 |
April 21, 2025 |
ATTORNEY Appearance for Defendant dequanshun by Qin Zhuang |
133 |
April 21, 2025 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by dequanshun |
134 |
April 21, 2025 |
REPLY by Elana jewelry box to response in opposition to motion, [124] Declaration of Shaoyi Che Exhibit 1 Email from Plaintiff's Counsel Exhibit 2 Email from Alleged Prior Counsel Exhibit 3 Search Result Showing Fake Law Firm Declaration of Chen Xiongliang Exhibit A Exhibit B |
135 |
April 22, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion by Defendant Elana jewelry box to vacate [114] is granted. FRCP 60(b)(1) allows the Court to relieve a party from final judgment for mistake, inadvertence, surprise, or excusable neglect; FRCP 55(c) permits the Court to set aside an entry of default for good cause. Here, Defendant Elana has explained that it relied on a Chinese consulting company to resolve the TRO, and believed that the matter had been resolved until a partial default judgment was entered on February 20, 2025. Elana took quick action to correct the matter, including by hiring US counsel and filing a motion to vacate in early April 2025. Based on the information described in the motion, it appears that Elana could have a meritorious defense: innocent infringement and possible vacatur of the statutory damages awarded as compared to the substantially smaller revenue generated from the infringing sales. A meritorious defense need not, beyond a doubt, succeed in defeating a default judgment, it need only at least raise a serious question regarding the propriety of a default judgment and be supported by a developed legal and factual basis, the motion is granted. See Wehrs v. Wells, 688 F.3d 886, 890 (7th Cir. 2012). Defendant Elana's answer to the complaint is due by May 2, 2025, and by May 7, 2025, the parties are to jointly propose a fact discovery schedule. Mailed notice. |
136 |
April 22, 2025 |
STATUS Report by Yiwu Baimei Electronic Commerce Co., Ltd. |
137 |
April 23, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff reports that one Defendant, No. 83 SEVENWELL DIY Official, remains. Any motion for default judgment is now due by May 15, 2025. Mailed notice. |
138 |
April 28, 2025 |
ATTORNEY Appearance for Defendant DUOSHENG by Qin Zhuang |
139 |
April 28, 2025 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DUOSHENG |
140 |
May 1, 2025 |
MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by dequanshun Declaration Decl of dequanshun's corporate representative Exhibit Declaration Decl of undersigned counsel |
141 |
May 1, 2025 |
MOTION by Defendant dequanshun to set a briefing schedule |
142 |
May 1, 2025 |
MOTION by Defendant QD YING FAN to enforce MOTION by Defendant QD YING FAN to enforce settlement agreement Declaration Exhibit Exhibit Exhibit |
143 |
May 1, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANTS (No. 80) QD YING FAN AND NOTICE OF MOOTED MOTION [D.E. 142] |
144 |
May 2, 2025 |
ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Elana jewelry box against Yiwu Baimei Electronic Commerce Co., Ltd. by Elana jewelry box |
145 |
May 2, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: As to Defendant dequanshun, the motion to set a briefing schedule [141] is granted. Plaintiff's response to the motion vacate is due by May 12, 2025; any reply is due by May 19, 2025. Plaintiff has filed a notice of voluntary dismissal as to Defendant 80, QD YING FAN. The filing represents that this dismissal has resolved the parties' settlement dispute and mooted the motion to enforce. The Court presumes this filing reflects the parties' conferral on the issue and so the motion to enforcement [142] is denied as moot. Mailed notice. |
146 |
May 7, 2025 |
AGREED PROPOSED FACT DISCOVERY SCHEDULE by Yiwu Baimei Electronic Commerce Co., Ltd. |
147 |
May 8, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The court sets the following fact discovery schedule by agreement: Rule 26(a)(1) disclosures are due by June 2, 205. Written discovery may issue by June 12, 2025; all fact discovery shall be noticed in time for completion by December 2, 2025. A joint status report that updates the court on the progress of fact discovery is due by August 25, 2025. Mailed notice. |
148 |
May 12, 2025 |
MOTION by Counter Defendant Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply as to order on motion to set a briefing schedule, order on motion to enforce, add and terminate parties, set motion and R&R deadlines/hearings, [145] as to DEFENDANT DEQUANSHUNS MOTION TO VACATE DEFAULT JUDGMENT (D.E. 140) |
149 |
May 13, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time [148] is granted. Plaintiff's response to the motion to vacate is now due by May 19, 2025; any reply is now due by May 27, 2025. Mailed notice. |
150 |
May 13, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (NO. 83) SEVENWELL DIY Official |
151 |
May 15, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for a preliminary injunction [22] is granted only as to the defendants identified in this order. Mailed notice. |
152 |
May 15, 2025 |
PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/15/2025. Mailed notice. |
153 |
May 16, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. as to dequashun (Def No. 70) and NOTICE OF MOOTED MOTION [DE 140] |
154 |
May 16, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: In light of the voluntary dismissal as to Defendant dequashun (Def No. 70), the motion to vacate [140] is denied as moot. Mailed notice. |
155 |
May 17, 2025 |
MOTION by Defendant DUOSHENG to vacate entered judgment[90] Declaration Exhibit |
156 |
May 19, 2025 |
MOTION by Defendant DUOSHENG to set a briefing schedule Unopposed |
157 |
May 19, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to vacate as to defendant Duosheng is due by June 2, 2025 and any reply is due by June 9, 2025. Mailed notice. |
158 |
May 20, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to set a briefing schedule [156] is denied as moot. The briefing schedule set by docket entry [157] stands. Mailed notice. |
159 |
May 21, 2025 |
AMENDED ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Elana jewelry box against Yiwu Baimei Electronic Commerce Co., Ltd. by Elana jewelry box Declaration Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 (Exhibit 9) |
160 |
May 30, 2025 |
MOTION by Defendant Elana jewelry box to vacate preliminary injunction[152] Supplement Memorandum of Law in Support of Motion to Vacate Partial Default Judg |
161 |
June 2, 2025 |
RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd. to MOTION by Defendant DUOSHENG to vacate entered judgment[90] [155] Exhibit One: Declaration of L. Pittaway |
162 |
June 2, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's response to the motion to vacate is due by June 13, 2025; any reply is due by June 20, 2025. Mailed notice. |
163 |
June 3, 2025 |
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 48) Szecl by Yiwu Baimei Electronic Commerce Co., Ltd. |
164 |
June 5, 2025 |
REPLY by DUOSHENG to response to motion[161] |
165 |
June 6, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant No. 71 DUOSHENG's motion to vacate [155] is granted. The parties agree that this court lacks personal jurisdiction over Defendant DUOSHENG, so the default judgment entered as to this Defendant on February 20, 2025 is vacated. The Seventh Circuit has explained that "when federal courts find that they lack jurisdiction, they bear an independent obligation under [28 USC] § 1631 to consider whether to transfer the case." North v. Ubiquity, Inc., 72 F.4th 221, 228 (7th Cir. 2023); see 28 U.S.C. § 1631 ("Whenever a civil action is filed in a court. and that court finds that there is a want of jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court. in which the action or appeal could have been brought at the time it was filed[.]"). This obligation is "quite limited," however, and requires consideration of whether transfer of the case is "in the interest of justice." North, 72 F.4th at 228. Here, Plaintiff has come forward with evidence from the platform Shein that Defendant sold units to consumers in Florida and Georgia, and therefore requests that the court transfer the action as to this Defendant to the Northern District of Florida. It argues that the interests of justice are best served by a transfer because it will obviate the need to serve Defendant a second time, it will preserve the "status quo," and there is no harm or prejudice to Defendant because Florida is where the case could have been filed from the start. But where there is no bar to refiling, the court need not transfer the case. Id. ("If a plaintiff may, on its own, refile its case in a proper forum, the interests of justice do not demand transfer." (quoting Danziger v. De Llano, 948 F.3d 124, 133 (3d Cir. 2020))). In this case, the plaintiff does not contend that the statute of limitations or any other procedural obstacle stands as a bar to refiling. The court thus does not find that the interests of justice require transfer under § 1631. The Court therefore dismisses the claims against DUOSHENG without prejudice to the Plaintiff pursuing the relief it seeks in an appropriate forum. Mailed notice. |
166 |
June 11, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to dismiss Counterclaim (D.E. 159) |
167 |
June 11, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to strike amended affirmative defenses (D.E. 159) |
168 |
June 12, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Elana jewelry box's response to the motion to dismiss its counterclaim and the motion to strike its affirmative defenses is due by June 20, 2025. Any reply is due by June 27, 2025. Mailed notice. |
169 |
June 13, 2025 |
RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd.in Opposition to MOTION by Defendant Elana jewelry box to vacate preliminary injunction[152] [160] Exhibit One: Declaration of L. Pittaway |
170 |
June 19, 2025 |
Satisfaction of Judgment AS TO DEFENDANTS (No. 114) Miao Qi Jewelry, (No. 123) saipujewelry, (No. 128) tsuki, (No. 131) yiwumiaoqidianzishangwu by Yiwu Baimei Electronic Commerce Co., Ltd. |
171 |
June 20, 2025 |
REPLY by Elana jewelry box to response in opposition to motion, [169] |
172 |
June 20, 2025 |
RESPONSE by Elana jewelry boxin Opposition to MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to dismiss Counterclaim (D.E. 159) [166], MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to strike amended affirmative defenses (D.E. 159) [167] |
173 |
June 24, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Elana jewelry box's motion to vacate the preliminary injunction [160] as to this Defendant is granted. See the attached order for further details. The preliminary injunction order as to Defendant Elana jewelry box only is vacated. Mailed notice. |
174 |
June 24, 2025 |
ORDER written by the Honorable Lindsay C. Jenkins on 6/24/2025. Mailed notice. |
175 |
June 26, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for extension of time to file response/reply TO DEFENDANT (No. 12) Elana Jewelry Boxs OPPOSITION [D.E. 172] TO PLAINTIFFS MOTION [D.E. 167] TO STRIKE DEFENDANTS AMENDED AFFIRMATIVE DEFENSES AND PLAINTIFFS MOTION [D.E. 166] TO DISMISS DEFENDANTS COUNTERCLAIM [UNOPPOSED] |
176 |
June 26, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's unopposed motion for an extension of time [175] is granted. Plaintiff's reply is now due by July 11, 2025. Mailed notice. |
177 |
June 27, 2025 |
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 95) CoCo DIY and (No. 119) Onege Resin by Yiwu Baimei Electronic Commerce Co., Ltd. |
178 |
July 3, 2025 |
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 76) JING LUO by Yiwu Baimei Electronic Commerce Co., Ltd. |
179 |
July 9, 2025 |
NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (No. 71) DUOSHENG |
180 |
July 11, 2025 |
REPLY by Yiwu Baimei Electronic Commerce Co., Ltd. to response in opposition to motion, [172] Declaration of L. Pittaway Exhibit |
181 |
July 11, 2025 |
REPLY by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to response in opposition to motion, [172] (Defendant (No. 12) Elana Jewelry Box's opposition) to Plaintiff's Motion to Dismiss [D.E. 166] Defendant (No. 12) Elana Jewelry Box's Counterclaim [D.E. 159] |
182 |
July 15, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to dismiss Defendant Elana Jewelry Box's amended counterclaim [166] is denied. Defendant's amended answer raises a counterclaim seeking a declaratory judgment of invalidity and unenforceability of copyright. [Dkt. 159.] Focusing on the substantive argument in favor of dismissal, Plaintiff argues that Defendant's pleading relies on inadmissible facts to support its allegations and improper inferences to question the legitimacy of Plaintiff's business and copyright registrations under 17 USC §411(b). At the pleading stage, however, all that is required to survive a motion to dismiss directed to a counterclaim for declaratory judgment seeking a declaration that a copyright is invalid are sufficient factual allegations that allow the court to draw the reasonable inference that the plaintiff's copyright is invalid. King-Devick Test Inc. v. NYU Langone Hosps., 2019 WL 78986, at *3 (S.D.N.Y. Jan. 2, 2019). Taking Defendant's allegations as true and construing them in the light most favorable to Defendant, its factual allegations allow for the reasonable inference that Plaintiff's copyright is invalid because Google image search results indicate that the work is an unauthorized reproduction of the designs of a Japanese company Mixnuts Co Green Piercing, which is a series of Halloween-themed earrings that contain designs nearly identical to Plaintiff's copyrighted work from 2019. Dismissal is not warranted. The motion to dismiss three of the affirmative defenses [167] is granted in part and denied in part. The request to strike the scenes-a-faire affirmative defense is granted. Defendant alleges that Plaintiff's works "contain standard elements for Halloween decorations and accessories," and that it cannot claim copyright protection over generic and basic elements. This perfunctory statement is nothing more than bare bones conclusory allegation that does not identify any factual basis for the defenses. It is well settled that an affirmative defense must be more than a conclusory restatement of the defense. Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1295 (7th Cir. 1989). This affirmative defense is stricken. The unclean hands affirmative defense and the failure to mitigate defense both may stand. While not listed in Rule 8(c)(1), unclean hands is a commonly pleaded affirmative defense. Hay Grp., Inc. v. Bassick, 571 F. Supp. 2d 845, 850 (N.D. Ill. 2008). Here, Defendant expressly references the allegations in its counterclaim concerning Mixnuts as the basis for claiming that Plaintiff's work was an unauthorized derivative work, rendering it an unenforceable copyright. Finally, the duty to mitigate "imposes a duty on the injured party to exercise reasonable diligence and ordinary care in attempting to minimize his damages after injury has been inflicted." Karahodzic v. JBS Carriers, Inc., 881 F.3d 1009, 1017 (7th Cir. 2018). The lack of mitigation is an affirmative defense. Gaffney v. Riverboat Services of Indiana, Inc., 451 F.2d 424, 460 (7th Cir. 2006). Courts have "generally held that where discovery has barely begun, the failure to mitigate defense is sufficiently pled without additional facts." AAR Int'l, Inc. v. Vacances Heliades S.A., 202 F. Supp. 2d 788, 800 (N.D. Ill. 2002) (cleaned up). These two affirmative defenses may stand. Plaintiff's answer to Defendant's counterclaim is due by July 22, 2025. Mailed notice. |
183 |
July 22, 2025 |
Plaintiff/Counter Defendant Yiwu Baimei Electronic Commerce Co. ANSWER to counterclaim to Defendant/Counter Plaintiff Elana Jewelry Box (D.E. 159) by Yiwu Baimei Electronic Commerce Co., Ltd. |
184 |
July 22, 2025 |
DECLARATION of Sandra Cristina Perez IN SUPPORT OF PLAINTIFFS MOTION FOR RECONSIDERATION Exhibit Exhibit One to Declaration of Sandra Cristina Perez |
185 |
July 22, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for reconsideration regarding order[174], order on motion to vacate, text entry, [173] granting Defendant (No. 12) Elana Jewelry Box's Motion to Vacate the preliminary injunction [D.E. 152] |
186 |
July 22, 2025 |
MEMORANDUM by Yiwu Baimei Electronic Commerce Co., Ltd. in support of motion for reconsideration, [185] of Orders (D.E. 173, 174) vacating the preliminary injunction (D.E. 152) as against Defendant (No. 12) Elana Jewelry Box |
187 |
July 23, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a motion to reconsider the court's order vacating the preliminary injunction as to Defendant Elana Jewelry Box. In addition to arguments concerning the court's misapprehension of the burden, Plaintiff also argues that Defendant Elana Jewelry Box failure to timely respond to requests to admit deems certain facts admitted pursuant to Fed. R. Civ. P. 36, such that the preliminary injunction should be reinstated. The court does not believe that 21 days is needed for a response to the questions raised. Defendant's response is due by August 5, 2025 and any reply is due by August 19, 2025. Mailed notice. |
188 |
July 28, 2025 |
PLAINTIFFS NOTICE OF SETTLEMENT WITH DEFENDANT Elana Jewelry Box (Def. No. 12) AND MOOTED MOTION [D.E. 185, 186] by Yiwu Baimei Electronic Commerce Co., Ltd. |
189 |
July 28, 2025 |
SATISFACTION OF JUDGMENT AS TO DEF. (127) TICOGIRL by Yiwu Baimei Electronic Commerce Co., Ltd. |
190 |
July 29, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff and Defendant Elana Jewelry Box have reached a settlement. The motion for reconsideration is denied as moot [185]. Since Plaintiff and the last remaining Defendant Elana Jewelry Box have reached a resolution, the case is dismissed as to this Defendant without prejudice. The dismissal will automatically convert to a dismissal with prejudice on September 12, 2025 unless any party files a motion to reinstate by that date. The parties are free to file a stipulation of dismissal with prejudice earlier if they wish. Civil case terminated. Mailed notice. |
191 |
Aug. 5, 2025 |
JOINT STIPULATION OF DISMISSAL by Yiwu Baimei Electronic Commerce Co., Ltd. and Defendant (No. 12) Elana jewelry box |
192 |
Aug. 20, 2025 |
SATISFACTION OF JUDGMENT AS TO DEF. (No. 129) vilei by Yiwu Baimei Electronic Commerce Co., Ltd. |
193 |
Aug. 25, 2025 |
MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for bond return |
194 |
Aug. 26, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should email a proposed order by August 27, 2025 in Word format to Judge Jenkins's proposed order mailbox (Proposed_Order_Jenkins@ilnd.uscourts.gov). Mailed notice. |
195 |
Aug. 26, 2025 |
MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for return of bond 193 is granted. Separate order to issue. Mailed notice. |
196 |
Aug. 26, 2025 |
ORDER Signed by the Honorable Lindsay C. Jenkins on 8/26/2025. Mailed notice. |
197 |
Sept. 2, 2025 |
SATISFACTION OF JUDGMENT AS TO DEF. (No.94) Choc jewelry, DEF. (No.112) Manti jewelry and DEF. (No.124) Set Jewelry by Yiwu Baimei Electronic Commerce Co., Ltd. |
198 |
Oct. 10, 2025 |
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 101) FICONA by Yiwu Baimei Electronic Commerce Co., Ltd. |
199 |
Oct. 13, 2025 |
SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 106) Junjie ornament factory by Yiwu Baimei Electronic Commerce Co., Ltd. |
200 |
Oct. 17, 2025 |
ATTORNEY Appearance for Counter Defendants Yiwu Baimei Electronic Commerce Co., Ltd., Yiwu Baimei Electronic Commerce Co., Ltd., Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. by Larry Ford Banister, II |
201 |
Oct. 17, 2025 |
MOTION by Attorney Sandra Cristina Perez to withdraw as attorney for Yiwu Baimei Electronic Commerce Co., Ltd. No party information provided |