ENTERED JUDGMENT. Mailed notice. (bi,)
D Squared Plant Traps LLC v. The Partnerships and Unincorporated Associations Identified in Schedule A
案件进展
47 条记录DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeffrey I Cummings on 10/15/2026: Mailed notice. (bi,)
MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of plaintiff's renewed motion for default judgment [39] and grants that motion as follows. First, defendant did not appear by the Court ordered deadline to respond to plaintiff's initial motion for default judgment, which sought the same relief as the renewed motion. As such, and as previously indicated, the Court considers the motion unopposed. Second, in support of personal jurisdiction, plaintiff has now provided proof of sales of the infringing product to customers in Illinois as to the defendant. See Liu v. Monthly, 170 F.4th 1090 (7th Cir. 2026); (Dckt. #40). Finally, based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's intellectual property irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the product, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes, within its discretion, that $50,000 is an appropriate award of statutory damages. See Dolls Kill, Inc. v. MengEryt, No. 24-2841, 2025 WL 3033729, at *2 (7th Cir. Oct. 30, 2025) ("District courts have broad discretion in managing these [Schedule A] cases, which often depart from the general rule in favor of adversarial proceedings, especially when they result in a default judgment.") (cleaned up). Enter Final Judgment Order. The previously set 5/29/26 tracking status hearing and all pending deadlines are stricken. Civil case terminated. Mailed notice
案件结案MEMORANDUM by D Squared Plant Traps LLC in support of motion for default judgment[39]
原告申请缺席判决MOTION by Plaintiff D Squared Plant Traps LLC for default judgment as to Renewed Motion for Default Judgment
原告申请缺席判决MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for default judgment [34] is denied without prejudice in light of the Seventh Circuit's opinion in Liu v. Monthly, No. 25-2074, --- F.4th ----, 2026 WL 880018 (7th Cir. Mar. 31, 2026). In Liu, the Court vacated the district court's entry of default judgment because the "evidence upon which the district court relied for establishing personal jurisdiction showed only that it was possible to order the defendants' products and have them shipped to Illinois, not that such sales took place." Id. at *2. Specifically, the evidence in Liu consisted "of screenshots of [defendant seller's] website showing the checkout page with the infringing product, a Chicago shipping address, and the estimated total, but not a completed purchase." Id. Relying on NBA Props., Inc. v. HANWJH, 46 F.4th 614, 620 (7th Cir. 2022) and Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 400 (7th Cir. 2020), the Seventh Circuit explained that such evidence was insufficient to establish personal jurisdiction. Here, plaintiff has submitted the same type of evidence to establish personal jurisdiction, i.e., screenshots of defendant's websites showing the checkout pages, but no evidence of completed purchases. (Dckt. #16-1). Accordingly, on the instant record, the Court lacks personal jurisdiction over defendants sufficient to enter default judgment. See 360 Insight v. The Spamhaus Project, 500 F.3d 594, 598 (7th Cir. 2007) ("Default judgments rendered without personal jurisdiction are void. "). Plaintiff may file a renewed motion for default judgment establishing a basis for personal jurisdiction over defendant. Any such motion shall be filed by 4/29/26. If a renewed motion for default judgment consistent with this order and Seventh Circuit precedent is not filed by 4/29/26, this action may be dismissed without prejudice for lack of personal jurisdiction. See Enduring Love Int'l Church v. Williams, No. 23-CV-1120-PP, 2024 WL 3553979, at *2 (E.D.Wis. July 26, 2024) ("Although sua sponte dismissal of claims for lack of personal jurisdiction is generally disfavored, district courts retain discretion to depart from that principle"). The previously set 3/23/26 tracking status hearing is stricken and reset to 5/29/26 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
原告撤诉/结案CERTIFICATE of Service by Plaintiff D Squared Plant Traps LLC regarding set deadlines, [36]
MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [34] for entry of default and default judgment against the remaining defendant. The remaining defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 2/20/26. 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. Mailed notice.
原告申请缺席判决MEMORANDUM by D Squared Plant Traps LLC in support of motion for default judgment[34]
原告申请缺席判决MOTION by Plaintiff D Squared Plant Traps LLC for default judgment as to Defendant Liygift
原告申请缺席判决NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by D Squared Plant Traps LLC
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 12/31/2025: Mailed notice.
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeffrey I Cummings on 12/30/2025:Mailed notice. (bi,)
法院批准初步禁令MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [24] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendant will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established that it provided electronic notice to defendant of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of defendant. Enter preliminary injunction order. The Clerk is requested to unseal any previously-sealed documents. If plaintiff intends to move for an order of default and default judgment, plaintiff shall file its motion on or before 2/6/26. The 12/29/25 tracking status hearing is stricken and reset to at 3/23/26 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
法院批准初步禁令CERTIFICATE of Service by Plaintiff D Squared Plant Traps LLC regarding terminate deadlines and hearings, set deadlines/hearings, [27]
SUMMONS Returned Executed by D Squared Plant Traps LLC as to Liygift on 11/5/2025, answer due 11/26/2025.
NEW PARTIES: Liygift added to case caption. Terminating John Doe
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff has not filed a certificate of service reflecting service of the Court's 11/7/25 order on defendant nor has plaintiff filed a certificate of service reflecting electronic service of summons and the complaint upon defendant. Plaintiff must file certificates reflecting the date of such service on or before 12/8/25. If plaintiff has not yet provided service of the Court's 11/7/25 order, the Court sua sponte extends the deadline for defendant to respond to the motion for preliminary injunction to 12/16/25 and plaintiff must also serve a copy of this order, along with the 11/7/25 order, upon defendant and certify such service. If plaintiff fails to comply with the terms of this order, the Court will dismiss this case for want of prosecution. The 12/5/25 tracking status hearing is stricken and reset to 12/29/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
原告提交PI申请MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction [24]. 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 or before November 19, 2025." 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 order entering the TRO, the TRO is extended to and including the date upon which 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice
原告提交PI申请MEMORANDUM by D Squared Plant Traps LLC in support of motion for preliminary injunction[24]
原告提交PI申请MOTION by Plaintiff D Squared Plant Traps LLC for preliminary injunction as to Defendant Liygift
原告提交PI申请SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified in Schedule A
SUMMONS Submitted (Court Participant) for defendant(s) by Plaintiff D Squared Plant Traps LLC
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to extend TRO [19] is granted. The TRO entered on 10/10/25 is extended to 11/7/25. The 10/31/25 tracking status hearing is stricken and reset to 12/5/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
法院批准TROSURETY BOND in the amount of $ 1,000 posted by D Squared Plant Traps LLC (Document not scanned)
MOTION by Plaintiff D Squared Plant Traps LLC for Extension of Temporary Restraining Order
原告提交TRO申请SEALED ORDER Signed by the Honorable Jeffrey I Cummings on 10/10/2025. Mailed notice
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal [11] and ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and for electronic service of process [14] are granted as to Amended Schedule A. Plaintiff's submissions establish that, were defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered in due course shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendant, stopping defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Plaintiff shall submit an amended proposed TRO reflecting only the defendant on Amended Schedule A by 10/3/25. Mailed notice
法院批准TROSEALED DOCUMENT by Plaintiff D Squared Plant Traps LLC Unredacted Complaint
Redacted AMENDED complaint by D Squared Plant Traps LLC against John Doe
MOTION by Plaintiff D Squared Plant Traps LLC for leave to file Documents Under Seal
NEW PARTIES: John Doe added to case caption. Terminating The Partnerships and Unincorporated Associations Identified in Schedule A
MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file excess pages [10] is granted. Plaintiff's motion for temporary restraining order [11] is entered and continued generally. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 100 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 9/26/25, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. The previously set 8/25/25 tracking status hearing is stricken and re-set to 10/31/25 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice
法院批准TROSTATUS Report by D LLC
SEALED MOTION by Plaintiff D LLC for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service
原告提交TRO申请MOTION by Plaintiff D LLC for leave to file excess pages
MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file under seal 4 is granted in part and denied in part. At a minimum, plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff's requests to seal certain documents is granted. However, plaintiff's request to proceed under a pseudonym temporarily is denied. As the Seventh Circuit has explained, "[w]e have repeatedly voiced our 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. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016); 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."). Here, plaintiff has failed to demonstrate the requisite "exceptional circumstances" to warrant proceeding anonymously under the factual scenario presented by this case. Indeed, plaintiff only asserts, without support, that "[p]roceeding pseudonymously. is necessary to prevent the Defendants from learning of these proceedings prior to the execution of the temporary restraining order." (Dckt. #7 at 1). Further, and more importantly, plaintiff has failed to demonstrate that the safeguards already in place will not otherwise protect his interest in enforcing his rights. See XYZ Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 21-CV-06471, 2022 WL 180151, at *2 (N.D.Ill. Jan. 20, 2022) ("There is insufficient evidence. that Schedule A defendants are taking advantage of the case-tracking option to such an extent that it is materially impeding brand owners' enforcement efforts."). On or before 8/14/25, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 8/25/25 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice
ATTORNEY Appearance for Plaintiff D LLC by Ying Chen
ATTORNEY Appearance for Plaintiff D LLC by Zareefa Burki Flener
MAILED patent report to Patent Trademark Office, Alexandria VA
SEALED DOCUMENT by Plaintiff D LLC Unredacted Complaint
MOTION by Plaintiff D LLC for leave to file documents under seal
ATTORNEY Appearance for Plaintiff D LLC by James Edward Judge
CIVIL Cover Sheet
COMPLAINT filed by D LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-23495952.
CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 1).
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.
