MINUTE entry before the Honorable Joan H. Lefkow: case reassigned to the Honorable Franklin U. Valderrama pursuant to the provisions of 28 USC 294(b).Mailed notice (Attachments: # 1 Request for Reassignment) (gcy, ) (Entered: 06/18/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: This case has been reassigned to this Court 5 . Plaintiff has filed what is titled a "sealed motion" on the docket, but which is actually a sealed version of the Complaint 2 . As an initial matter, in order to proceed anonymously and/or for any filings to be sealed on the docket, Plaintiff must file a motion for leave to do so. Moreover, the Seventh Circuit has "repeatedly voiced [its] disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate 'exceptional circumstances' that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Vill. of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016) (citation omitted); see also Doe v. Smith, 429 F.3d 706, 710 (7th Cir. 2005) ("[T]his circuit's decisions... disfavor anonymous litigation."); Doe v. Blue Cross & Blue Shield United of Wis., 112 F.3d 869, 872 (7th Cir. 1997) ("Identifying the parties to the proceeding is an important dimension of publicness. The people have a right to know who is using their courts."). The Court cannot see how this Schedule A plaintiff meets the "exceptional circumstances" requirement as outlined by the Seventh Circuit. Even so, "[t]o permit pseudonymity/anonymity here, while many other Schedule A plaintiffs proceed under their actual names, would threaten to allow the exception of 'exceptional circumstances' to swallow the general rule barring pseudonymity." XYZ Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, 2022 WL 180151, at *2 (N.D. Ill. Jan. 20, 2022). The presently sealed document 2 will, however, remain under provisional seal until further order to permit Plaintiff the opportunity to decide how it wishes to proceed with this case. On or before 6/27/2024, Plaintiff must either file an amended complaint that lists Plaintiff's true name or file a notice of dismissal. If Plaintiff files an amended complaint, Plaintiff must file a motion for leave to file the complaint (and any other forthcoming documents) under seal. The Court instructs the Clerk to terminate the "sealed motion" 2 as a motion. Mailed notice. (jcm) (Entered: 06/20/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has filed an amended complaint 7, which identifies the plaintiff, in accordance with the Court's minute entry of 6/20/2024 6 . The Clerk is directed to update the docket so that Plaintiff's actual name, Guizhou Xiaozhi Sheep Trading Co. Ltd, is reflected on the docket (rather than its pseudonym Doe John). Mailed notice. (jcm) (Entered: 06/30/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's ex parte motion for a temporary restraining order and for expedited discovery 9, and motion for electronic service of process 12 . Provided that Plaintiff provides the security described in paragraph 7 of the temporary restraining order, the temporary restraining order shall become effective on 8/2/2024 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Mailed notice. (jcm) (Entered: 07/30/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Motion to Extend the Temporary Restraining Order (TRO) 17 . The Court notes, however, that the motion assumes that the TRO went into effect on 7/30/2024 and expires on 8/13/2024. As stated in paragraph 9 of the TRO 14, because Plaintiff provided the required security 15, the TRO went into effect on 8/2/2024 and expires on 8/16/2024. Therefore, by granting Plaintiff's request for a 14-day extension of the TRO, the TRO 14 shall now expire on 8/30/2024 at 6:00 p.m. Mailed notice. (jcm) (Entered: 08/12/2024)
ATTORNEY Appearance for Defendants Party Fantasy Choice, Letsports, UR BEST CHOICE, World Deal, Wonderful buy, Better and Easy Life, Save Money, GearUP Store, Cozy time, Superior Central, Light UR Life, Cool BUY, Dodocool, Me Beauty, Cozyroom, Moobody, big weekend by Mark K. Suri (Suri, Mark) (Docket Text Modified by Clerk's Office) Modified on 8/23/2024 (aee, ). (Entered: 08/23/2024)
ATTORNEY Appearance for Defendants Better and Easy Life, Cool BUY, Cozy time, Cozyroom, Dodocool, Fantasy Choice, GearUP Store, Letsports, Light UR Life, Me Beauty, Moobody, Save Money, Superior Central, UR BEST CHOICE, Wonderful buy, World Deal, big weekend by Katelin Nicole Scolaro (Scolaro, Katelin) (Entered: 08/23/2024)
ATTORNEY Appearance for Defendants ammoonmusic, becoody, cesadon, keedodoo2015, quickkway, tomshineofficial by Mark K. Suri (Suri, Mark) (Entered: 08/29/2024)
MOTION by Defendants Better and Easy Life, Cool BUY, Cozy time, Cozyroom, Dodocool, Fantasy Choice, GearUP Store, Letsports, Light UR Life, Me Beauty, Moobody, Save Money, Superior Central, UR BEST CHOICE, Wonderful buy, World Deal, ammoonmusic, becoody, big weekend, cesadon, keedodoo2015, quickkway, tomshineofficial to sever and Dismiss Defendants from This Action for Improper Joinder (Scolaro, Katelin) (Entered: 08/29/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendants Better and Easy Life, Cool BUY, Cozy time, Cozyroom, Dodocool, Fantasy Choice, GearUP Store, Letsports, Light UR Life, Me Beauty, Moobody, Save Money, Superior Central, UR BEST CHOICE, Wonderful buy, World Deal, ammoonmusic, becoody, big weekend, cesadon, keedodoo2015, quickkway, tomshineofficial to sever and dismiss Defendants from this action for improper joinder 23 . The Court sets the following briefing schedule: Plaintiff's response due 09/19/2024; Moving Defendants' reply due 10/3/2024. Mailed notice. (jcm) (Entered: 08/30/2024)
MOTION by Plaintiff Guizhou Xiaozhi Sheep Trading Co. Ltd for preliminary injunction (Attachments: # 1 Supplement Memorandum in Support of Motion for Entry of Preliminary Injunction, # 2 Declaration of Zhiwei Hua)(Hua, Zhiwei) (Entered: 08/31/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for entry of a preliminary injunction 25 . In connection with that motion, plaintiff must serve all Defendants who have not appeared 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 or before 14 9/17/2024." If no objections are filed by that date, the Court will consider the motion unopposed by Defendants who have not yet appeared. 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. As for the Defendants who have appeared (Better and Easy Life, Cool BUY, Cozy time, Cozyroom, Dodocool, Fantasy Choice, GearUP Store, Letsports, Light UR Life, Me Beauty, Moobody, Save Money, Superior Central, UR BEST CHOICE, Wonderful buy, World Deal, ammoonmusic, becoody, big weekend, cesadon, keedodoo2015, quickkway, tomshineofficial), the Court sets the following briefing schedule on the motion for a preliminary injunction 25 : Defendants' response due 9/24/2024; Plaintiff's reply due 10/8/2024. Mailed notice. (jcm) (Entered: 09/03/2024)
DECLARATION of QIN LI re proof of service for Docket 26 Minute Order (Attachments: # 1 Exhibit Exhibit 1 to Declaration, # 2 Exhibit Exhibit 2 to Declaration)(Li, Qin) (Entered: 09/04/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Defendant No. 388 (Li, Qin) (Entered: 09/12/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Defendant Nos.117, 126, 129, 330 (Hua, Zhiwei) (Entered: 09/17/2024)
MEMORANDUM by eBay Inc in Opposition to motion for preliminary injunction 25 (Attachments: # 1 Declaration Declaration of Nancy Lindsley)(Farley, William) (Entered: 09/17/2024)
MEMORANDUM by eBay Inc in Opposition to motion for preliminary injunction 25 (Attachments: # 1 Declaration Declaration of Nancy Lindsley)(Farley, William) (Entered: 09/17/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion for preliminary injunction 25 is opposed by third-party Defendant eBay, Inc. 31 . The Court directs Plaintiff to file a reply by 10/8/2024. The Court also entered a briefing schedule on the preliminary injunction for Defendants who have already appeared 26 . The Court refers the opposed motion for preliminary injunction to Magistrate Judge Gilbert. Mailed notice. (jcm) (Entered: 09/18/2024)
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: Opposed motion for preliminary injunction 31 . (jcm) Mailed notice. (Entered: 09/18/2024)
MEMORANDUM motion to sever, 23, set motion and R&R deadlines/hearings,, 24 by Guizhou Xiaozhi Sheep Trading Co. Ltd in support of joinder of all Defendants identified in Schedule A (Hua, Zhiwei) (Entered: 09/19/2024)
ATTORNEY Appearance for Defendants Better and Easy Life, Cool BUY, Cozy time, Cozyroom, Dodocool, Fantasy Choice, GearUP Store, Letsports, Light UR Life, Me Beauty, Moobody, Save Money, Superior Central, UR BEST CHOICE, Wonderful buy, World Deal, ammoonmusic, becoody, big weekend, cesadon, keedodoo2015, quickkway, tomshineofficial by Roger M Masson (Masson, Roger) (Entered: 09/20/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Defendant Nos. 225, 336, 371 (Hua, Zhiwei) (Entered: 09/24/2024)
DECLARATION of Roger M. Masson regarding response in opposition to motion,,,, 41 Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Scolaro, Katelin) (Entered: 09/24/2024)
DECLARATION of Huang Xiao Xuan regarding response in opposition to motion,,,, 41 Plaintiff's Motion for Preliminary Injunction (Scolaro, Katelin) (Entered: 09/24/2024)
MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred for the purpose of holding proceedings related to Plaintiff's opposed motion for preliminary injunction 25 31 . Mailed notice (ber, ) (Entered: 09/30/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Defendant Nos. 113, 292, 350, 372, 387 (Hua, Zhiwei) (Entered: 10/01/2024)
REPLY by Defendants Better and Easy Life, Cool BUY, Cozy time, Cozyroom, Dodocool, Fantasy Choice, GearUP Store, Letsports, Light UR Life, Me Beauty, Moobody, Save Money, Superior Central, UR BEST CHOICE, Wonderful buy, World Deal, ammoonmusic, becoody, big weekend, cesadon, keedodoo2015, quickkway, tomshineofficial (Scolaro, Katelin) (Entered: 10/03/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendants acodidy, acwholesaler, addstore, alariknn, amomall, balamer, btastbo, Buying Happily Store, conoshine, css276, DECDEAL House Store, dinwa1391, dinwa3618, domecool, Enjoying colourful life Store, fansfuny, Featured Toys Store, Global Home-Tools Store, golodoor, Happiness World Store, hartlan, homegarden2012, Homeused Store, hotyoyo, hsr236, iTechnology Life, lalabellstore, losmee, me-202169, me_906446, Mira Home Store, miracdiam666, New LifeStyle Store, newgaga, newteckcity, shenzhenshifenten0, shocwo2015, sunshinre, Teafans, tomorrowhome, tomshoo2015, Tool-home Store, tootooup, TT Access control Store, usbkits, watches-bay-global, willioau, and yoyomater's "notice of joinder," 47 requesting to join in the motion to sever filed by Defendants Better and Easy Life, et al.'s motion to sever and dismiss Defendants from this action for improper joinder. The court will consider the argument advanced in the motion to sever and dismiss 23 as they pertain to the aforementioned Defendants. Mailed notice. (jcm) (Entered: 10/04/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendants (Hua, Zhiwei) (Entered: 10/08/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendants (Hua, Zhiwei) (Entered: 10/11/2024)
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiff's opposed Motion for Preliminary Injunction 25 was referred to this Court after a brief in opposition to that Motion was filed by third-party defendant eBay, Inc. 31 32 . Certain additional defendants subsequently also filed an opposition to the Motion for Preliminary Injunction 41 . Plaintiff has now filed a Notice of Settlement and Dismissal Under Rule 41(a)(1) as to Certain Defendants in which Plaintiff states it has settled "with the Defendants who filed the Response to Opposition to Preliminary Injunction [Dkt. 41]" 50 . The Court notes Plaintiff has also filed notices of settlement with certain other defendants 35 37 45 51 . Accordingly, the Court recommends that the District Judge deny Plaintiff's Motion for Preliminary Injunction in part as moot as to those settling defendants identified by Plaintiff. See 35 37 41 45 51 . See 28 U.S.C. § 636(b)(1)(B). In light of these settlements, if Plaintiff no longer intends to pursue the Motion for Preliminary Injunction as to any remaining defendants, Plaintiff should filed a notice to that effect as soon as possible and no later than by 10/28/2024. In addition, Plaintiff's Reply in support of its Motion for Preliminary Injunction and in response to third-party defendant eBay, Inc.'s opposition was to have been filed by 10/8/2024 32 . Plaintiff has not filed any Reply. Plaintiff is given until 10/28/2024 to file any Reply in response to third-party defendant eBay, Inc.'s opposition. If Plaintiff does not file any Reply by that date, the Court will deem any arguments in opposition to eBay, Inc.'s response to be waived and will consider eBay, Inc.'s response to be unopposed. Mailed notice (ber, ) (Entered: 10/17/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendants (Hua, Zhiwei) (Entered: 10/28/2024)
AMENDED Schedule A identified the remaining Defendants pursued by Motion for Preliminary Injunction, and identified Dismissed Defendants (Hua, Zhiwei) (Entered: 10/28/2024)
DIGITAL EXHIBIT submitted by Eric D Byrd (Def. 313 Megadeals4USA and Def. 325 Strength*Training*store) For more information, please visit https://www.ilnd.uscourts.gov/ExhibitDrop. If you wish to download a digital exhibit, please send your request to the Certified Copy Desk (CCD) inbox at CCD_ILND@ilnd.uscourts.gov. You will be provided with an invoice and charged according to the Fee Schedule. Once your payment has been processed, you will receive a URL via email to download the exhibit. (men, ) (Entered: 10/30/2024)
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendants AbleSupplies, Sofilee-eCommerce answer to Plaintiff's amended complaint 49 . In their answer, Defendants inform the Court that they are "dropshippers," that did not produce any allegedly infringing products nor did Defendants have any sales of the product. The Court notifies Defendants, that under Seventy Circuit precedent, the Court cannot consider any motion or filing by a corporate party that is not represented by counsel. See Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."). However, an exception exists for sole proprietorships. See United States v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008) (internal citations omitted) ("A sole proprietorship may litigate pro se, because it has no legal identity separate from the proprietor himself."). If Defendants are sole proprietorships, they should file declarations and any other verifying evidence on the docket. Without weighing in on the merits of this case or any potential motion to dismiss, the Court directs Plaintiff, however, to consider the information in Defendants' filing 49 and determine whether, in this "Schedule A case," non-foreign defendants that have not sold any infringing products are the type of Defendants that they want to pursue their case against. Mailed notice. (jcm) (Entered: 10/31/2024)
NOTICE of Voluntary Dismissal by Guizhou Xiaozhi Sheep Trading Co. Ltd Notice of Settlement and Dismissal Under Rule 41(A)(1) as to Certain Defendants (Hua, Zhiwei) (Entered: 11/12/2024)
REPORT AND RECOMMENDATION: The Court recommends that Plaintiff's opposed motion for preliminary injunction be denied for the reasons discussed in this Report and Recommendation "in regard to the duties [Plaintiff's proposed injunction] imposes on eBay, which would include the requirement that eBay freeze the funds in the eBay Sellers' accounts" which is how eBay characterizes the relief it has standing as a non-party to oppose. See [ECF No. 31] at 4. In accordance with Rule 72(b) of the Federal Rules of Civil Procedure, the parties are advised that "[w]ithin 14 days after being served with a copy of [the report and recommendation], a party may serve and file specific written objections to the proposed findings and recommendation. A party may respond to another party's objections within 14 days after being served with a copy." See also 28 U.S.C § 636(b)(1)(C). Signed by the Honorable Jeffrey T. Gilbert on 11/25/2024.Mailed notice(ber, ) (Entered: 11/25/2024)
MOTION by Plaintiff Guizhou Xiaozhi Sheep Trading Co. Ltd to dismiss by agreement pursuant to F.R.C.P. 41(a)(2) Presented before District Judge (Attachments: # 1 Exhibit Defendants' List)(Hua, Zhiwei) (Entered: 12/08/2024)
