1:24-cv-12074
| 日期 | 描述 |
|---|---|
| 2025-10-20 | MINUTE entry before the Honorable Lindsay C. Jenkins: Attorney Sandra Cristina Perez's motion to withdraw 201 is granted. Attorney Sandra Cristina Perez is terminated from the case. Mailed notice. |
| 2025-10-17 | MOTION by Attorney Sandra Cristina Perez to withdraw as attorney for Yiwu Baimei Electronic Commerce Co., Ltd. No party information provided |
| 2025-10-17 | 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 |
| 2025-10-13 | SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 106) Junjie ornament factory by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-10-10 | SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 101) FICONA by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-09-02 | 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. |
| 2025-08-26 | ORDER Signed by the Honorable Lindsay C. Jenkins on 8/26/2025. Mailed notice. |
| 2025-08-26 | MINUTE entry before the Honorable Lindsay C. Jenkins: The motion for return of bond 193 is granted. Separate order to issue. Mailed notice. |
| 2025-08-26 | 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. |
| 2025-08-25 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. for bond return |
| 2025-08-20 | SATISFACTION OF JUDGMENT AS TO DEF. (No. 129) vilei by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-08-05 | JOINT STIPULATION OF DISMISSAL by Yiwu Baimei Electronic Commerce Co., Ltd. and Defendant (No. 12) Elana jewelry box |
| 2025-07-29 | 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. |
| 2025-07-28 | SATISFACTION OF JUDGMENT AS TO DEF. (127) TICOGIRL by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-07-28 | 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. |
| 2025-07-23 | 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. |
| 2025-07-22 | 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 |
| 2025-07-22 | 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] |
| 2025-07-22 | DECLARATION of Sandra Cristina Perez IN SUPPORT OF PLAINTIFFS MOTION FOR RECONSIDERATION |
| 2025-07-22 | 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. |
| 2025-07-15 | 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 all |
| 2025-07-11 | 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] |
| 2025-07-11 | REPLY by Yiwu Baimei Electronic Commerce Co., Ltd. to response in opposition to motion, [172] |
| 2025-07-09 | NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (No. 71) DUOSHENG |
| 2025-07-03 | SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 76) JING LUO by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-06-27 | SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 95) CoCo DIY and (No. 119) Onege Resin by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-06-26 | 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. |
| 2025-06-26 | 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] |
| 2025-06-24 | ORDER written by the Honorable Lindsay C. Jenkins on 6/24/2025. Mailed notice. |
| 2025-06-24 | 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. |
| 2025-06-20 | 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] |
| 2025-06-20 | REPLY by Elana jewelry box to response in opposition to motion, [169] |
| 2025-06-19 | 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. |
| 2025-06-13 | RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd.in Opposition to MOTION by Defendant Elana jewelry box to vacate preliminary injunction[152] [160] |
| 2025-06-12 | 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. |
| 2025-06-11 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to strike amended affirmative defenses (D.E. 159) |
| 2025-06-11 | MOTION by Plaintiff Yiwu Baimei Electronic Commerce Co., Ltd. to dismiss Counterclaim (D.E. 159) |
| 2025-06-06 | 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 justic |
| 2025-06-05 | REPLY by DUOSHENG to response to motion[161] |
| 2025-06-03 | SATISFACTION OF JUDGMENT AS TO DEFENDANT (No. 48) Szecl by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-06-02 | 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. |
| 2025-06-02 | RESPONSE by Yiwu Baimei Electronic Commerce Co., Ltd. to MOTION by Defendant DUOSHENG to vacate entered judgment[90] [155] |
| 2025-05-30 | MOTION by Defendant Elana jewelry box to vacate preliminary injunction[152] |
| 2025-05-21 | AMENDED ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Elana jewelry box against Yiwu Baimei Electronic Commerce Co., Ltd. by Elana jewelry box |
| 2025-05-20 | 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. |
| 2025-05-19 | 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. |
| 2025-05-19 | MOTION by Defendant DUOSHENG to set a briefing schedule Unopposed |
| 2025-05-17 | MOTION by Defendant DUOSHENG to vacate entered judgment[90] |
| 2025-05-16 | 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. |
| 2025-05-16 | NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. as to dequashun (Def No. 70) and NOTICE OF MOOTED MOTION [DE 140] |
| 2025-05-15 | PRELIMINARY INJUNCTION Order Signed by the Honorable Lindsay C. Jenkins on 5/15/2025. Mailed notice. |
| 2025-05-15 | 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. |
| 2025-05-13 | NOTICE of Voluntary Dismissal by Yiwu Baimei Electronic Commerce Co., Ltd. AS TO DEFENDANT (NO. 83) SEVENWELL DIY Official |
| 2025-05-13 | 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. |
| 2025-05-12 | 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) |
| 2025-05-08 | 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. |
| 2025-05-07 | AGREED PROPOSED FACT DISCOVERY SCHEDULE by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-05-02 | 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. |
| 2025-05-02 | ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Elana jewelry box against Yiwu Baimei Electronic Commerce Co., Ltd. by Elana jewelry box |
| 2025-05-01 | 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] |
| 2025-05-01 | MOTION by Defendant QD YING FAN to enforce MOTION by Defendant QD YING FAN to enforce settlement agreement |
| 2025-05-01 | MOTION by Defendant dequanshun to set a briefing schedule |
| 2025-05-01 | MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by dequanshun |
| 2025-04-28 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DUOSHENG |
| 2025-04-28 | ATTORNEY Appearance for Defendant DUOSHENG by Qin Zhuang |
| 2025-04-23 | 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. |
| 2025-04-22 | STATUS Report by Yiwu Baimei Electronic Commerce Co., Ltd. |
| 2025-04-22 | 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 |
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