Negru v. The Partnerships and Unincorporated Associations Identified On Schedule A
最近更新时间:2025-06-26
案件信息
案件号:ilnd-1:2025-cv-03002
状态:open
提交时间:2025-05-23 00:00:00
诉讼类型:
律所:
原告:Negru v. The Partnerships and Unincorporated Associations Identified On Schedule A
# | 日期 | 案件进程 |
35 | 2025-05-23 | MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and Plaintiff's notice of voluntary dismissal 27, this action is being dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. Mailed notice |
34 | 2025-05-22 | NOTICE of Voluntary Dismissal by Elizaveta Negru |
33 | 2025-05-05 | MINUTE entry before the Honorable LaShonda A. Hunt: On 4/28/25 25, the Court ordered Plaintiff to seek appropriate relief by 5/2/25, otherwise all previously sealed documents would be unsealed and case management deadlines would be set. There has been no subsequent docket activity to date. Accordingly, the Clerk of Court is directed, forthwith, to unseal Plaintiff's schedule A 2 and Exhibit 1 to Plaintiff's Declaration 10. By 5/27/25, Plaintiff is ordered to file a status report proposing next steps in this case, if other appropriate relief has not been sought by that date. Otherwise, the case will be dismissed for want of prosecution. Mailed notice (gel,) |
32 | 2025-04-28 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to exceed page limitation 23 is granted. Plaintiff's motion to seal 22 is granted. Plaintiff's motion for TRO 19 is denied without prejudice. In order to be entitled to equitable relief like a TRO, Plaintiff must show (among other things) that there is ongoing or impending harm. Swanigan v. City of Chicago, 881 F.3d 577, 583 n.2 (7th Cir. 2018). The evidence submitted in this case 10 supports allegations of infringement in from 11/24/24, which, in this Court's view, is too old to support a finding of ongoing harm at this time. Moreover, the Court visited the Defendant's storefront, and the allegedly infringing products are not available. To the extent a renewed motion is filed, Plaintiff must include either recent evidence of infringement, or a live link that the Court can click on that would demonstrate ongoing harm. By 5/2/25, Plaintiff may file a renewed TRO motion or request other appropriate relief as to Defendant 1, whose identity shall remain under seal until that date. If no further relief is sought, all previously sealed documents will be unsealed, and the Court will set case management deadlines. The motion hearing set for 5/6/25 is stricken, and the Court notes that 5/6/25 is listed on the Court's webpage as a date on which motions are not to be noticed for presentment. Counsel is reminded to review the Court's schedule before noticing motions for presentment. Mailed notice. |
31 | 2025-04-25 | MEMORANDUM by Elizaveta Negru in support of motion for temporary restraining order 19 renewed |
30 | 2025-04-25 | MOTION by Plaintiff Elizaveta Negru for temporary restraining order against remaining Defendant |
29 | 2025-04-25 | SEALED DOCUMENT by Plaintiff Elizaveta Negru First Amended Schedule A |
28 | 2025-04-25 | MOTION by Plaintiff Elizaveta Negru to seal document sealed document 21 |
27 | 2025-04-25 | MOTION by Plaintiff Elizaveta Negru for leave to file excess pages |
26 | 2025-04-25 | NOTICE of Motion by Konrad Val Sherinian for presentment of motion to seal document 22, motion for leave to file excess pages 23, motion for temporary restraining order 19 before Honorable LaShonda A. Hunt on 5/6/2025 at 10:00 AM. |
25 | 2025-04-21 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 15 questioning whether Plaintiff had met its burden of establishing that permissive joinder of 14 Defendants in this case was proper under Fed. R. Civ. P. 20(a)(2). Plaintiff was granted leave to file either a supplemental memorandum or an amended Schedule A consistent with that ruling. In response, Plaintiff filed 16 a memorandum in response to the Court's joinder order arguing that joinder is proper because all Defendants sell wrapping paper and have at least eleven commonalities in the wrapping paper that they sell with no notable differences. Plaintiff contends that such similarities support its conclusory allegation that Defendants' actions arise out of the same transaction, occurrence, or series of transactions or occurrences, but the Court remains unconvinced. See Viking Arm AS v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024) (finding that plaintiff had merely identified a "small subset of the 181 defendants who are copycats of Plaintiff's style and each other, but that does not make them all partners in collusion) (emphasis in original); Bailie, et al. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 24 C 2150, 2024 WL 2209698, at *5 (N.D. Ill. May 15, 2024) (finding use of same images and similar product titles and descriptions insufficient to support joinder); Ilustrata Servicos Design, Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 21 C 5993, 2021 WL 5396690, at * 2 (Nov. 18, 2021) (holding that plaintiff's speculation that defendants were interrelated because they shared notable features "including use of the user name registration patterns, unique shopping cart platforms, accepted payment methods, check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers, and the use of the same text and images" did not support joinder); Bose Corp. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 511, 514 (N.D. Ill. Fed. 19, 2020) (holding that even if defendants were selling the same products and defendants' webpages were identical "that would not overcome the likelihood that Defendants are just copycats" and that an allegation that defendants communicate through chat rooms and website based on "information and belief," without connecting any defendants to such chat rooms or websites, is insufficient to support joinder). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. The Court dismisses Defendants 2-14 without prejudice for improper joinder. This action will proceed as to Defendants 1 only. Plaintiff's motion for a temporary restraining order 6 as to all Defendants is terminated as moot. By 4/25/25, Plaintiff may file a renewed TRO motion or request other appropriate relief as to Defendant 1, whose identity shall remain under seal until that date. If no further relief is sought, all previously sealed documents will be unsealed, and the Court will set case management deadlines. Mailed notice. |
24 | 2025-04-04 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff commenced this action on 3/21/25, by filing a Complaint 1 and Schedule A 2 listing 14 Defendants, along with motions for entry of a temporary restraining order 6, for leave to file under seal 11, and to exceed page limits 12. Plaintiff's motions to seal 11 and exceed page limits 12 are granted. Schedule A 2 and Exhibit 1 to the Declaration of Elizaveta Negru 10 shall remain sealed until further court order. Plaintiff is granted leave to file a memorandum of law in support of its TRO motion 7 in excess of 15 pages instanter. After reviewing the Complaint 1 and other filings, however, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See Fed. R. Civ. P. 20(a)(2); Viking Arm AS v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105 (N.D. Ill. June 6, 2024). By 4/17/25, Plaintiff must either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file under seal an amended schedule A with a subset of Defendants, along with an amended declaration that explains how each of these defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only. Plaintiff's TRO motion 6 is taken under advisement until the joinder issue is resolved. The motion hearing set for 4/8/25 14 is stricken. Mailed notice. (jcc,) |
23 | 2025-03-21 | (Exhibit Exh. 4 - Civil Procedure of the People's Republic of China) |
22 | 2025-03-21 | NOTICE of Motion by Konrad Val Sherinian for presentment of |
21 | 2025-03-21 | MOTION by Plaintiff Elizaveta Negru for leave to file excess pages |
20 | 2025-03-21 | MOTION by Plaintiff Elizaveta Negru to seal document sealed document 10, sealed document 2 |
19 | 2025-03-21 | SEALED DOCUMENT by Plaintiff Elizaveta Negru Screenshots and Evidence of Infringement |
18 | 2025-03-21 | DECLARATION of Elizaveta Negru regarding motion for temporary restraining order 6 |
17 | 2025-03-21 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 3). |
16 | 2025-03-21 | Exhibit Exh 1 - Copyright |
15 | 2025-03-21 | Exhibit Exh 2 - Combating Trafficking in Counterfeit and Pirated Goods |
14 | 2025-03-21 | Exhibit Exh 3 - Fighting China's Counterfeits |
13 | 2025-03-21 | (Exhibit Exh 4 - Intellectual Property Rights Seizure Statistics) |
12 | 2025-03-21 | SEALED DOCUMENT by Plaintiff Elizaveta Negru Schedule A to Complaint |
11 | 2025-03-21 | CIVIL Cover Sheet |
10 | 2025-03-21 | ATTORNEY Appearance for Plaintiff Elizaveta Negru by Konrad Val Sherinian |
9 | 2025-03-21 | ATTORNEY Appearance for Plaintiff Elizaveta Negru by Depeng Bi |
8 | 2025-03-21 | COMPLAINT filed by Elizaveta Negru; Filing fee $ 405, receipt number AILNDC-23241573. |
7 | 2025-03-21 | 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. |
6 | 2025-03-21 | MOTION by Plaintiff Elizaveta Negru for temporary restraining order |
5 | 2025-03-21 | MEMORANDUM by Elizaveta Negru in support of motion for temporary restraining order 6 |
4 | 2025-03-21 | DECLARATION of Konrad Sherinian regarding motion for temporary restraining order 6 |
3 | 2025-03-21 | Exhibit Exh. 1 - Intellectual Property Rights Seizure Statistics |
2 | 2025-03-21 | Exhibit Exh. 2 - The Economic Impacts of Counterfeiting and Piracy |
1 | 2025-03-21 | Exhibit Exh. 3 - Hague Convention |