Xie v. The Entities and Individuals Identified in Annex A,
最近更新时间：2025-07-18
案件信息
案件号：ilnd-1:2025-cv-00328
状态：open
提交时间：2025-04-03 00:00:00
诉讼类型：
律所：
原告：Xie v. The Entities and Individuals Identified in Annex A,
| # | 日期 | 案件进程 |
| 52 | 2025-04-03 | MAILED copyright report with certified copy of minute order dated 3/27/2025 to Registrar, Washington DC. (jn,) |
| 51 | 2025-04-03 | MAILED copyright report to Registrar, Washington DC. (jn,) |
| 50 | 2025-03-28 | RETURN OF BOND ORDER: This action was commenced by Plaintiff Wenjie Xie ("Plaintiff") against Esweny ("Defendant"). The parties have reached a settlement and Plaintiff has filed a notice dismissal 30. No Defendants remain in this case. Accordingly, this Court orders the one-thousand-dollar ($1,000.00) cash bond posted by PLAINTIFF, plus accrued interest, is hereby released to PLAINTIFF or its counsel, Getech Law LLC. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court, plus accrued interest, to PLAINTIFF or its counsel. Signed by the Honorable Sunil R. Harjani on 3/28/2025. Mailed notice. |
| 49 | 2025-03-28 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Motion for Return of Bond 32 is granted. The one-thousand-dollar ($1,000) cash bond posted by Plaintiff, including any applicable or earned interest, is hereby released to Plaintiff or Plaintiff's counsel: Getech Law LLC. The Clerk of the Court is directed to return said bond previously deposited with the Clerk of the Court to Plaintiff or Plaintiff's counsel, Getech Law LLC, 203 N. LaSalle, Unit 2100, Chicago, IL 60601. Enter Return of Bond Order. Mailed notice. |
| 48 | 2025-03-27 | MOTION by Plaintiff Wenjie Xie for bond |
| 47 | 2025-03-27 | MINUTE entry before the Honorable Sunil R. Harjani: Based upon Plaintiff's notice of voluntary dismissal [30], this case is hereby dismissed with prejudice as to Defendant Esweny (No. 1). Each party shall bear its own attorney's fees and costs. All pending deadlines, motions, and hearings are stricken. Civil case terminated. Mailed notice. |
| 46 | 2025-03-27 | NOTICE of Voluntary Dismissal by Wenjie Xie |
| 45 | 2025-03-12 | MINUTE entry before the Honorable Sunil R. Harjani: Defendant Esweny moves for an extension to time until 4/1/2025 to answer or otherwise respond to the complaint, which the Court construes as a motion to vacate the entry of default. Over Plaintiff's objection, the motion [28] is granted to allow the parties to engage in settlement negotiations. The entry of default as to Defendant Esweny is vacated. Defendant Esweny shall answer or otherwise respond to the complaint by 4/1/2025, but the Court strongly encourages the parties to resolve the case without further litigation. Any notice of voluntary dismissal or stipulation to dismiss is due by 4/1/2025. Tracking status set for 4/8/2025 at 9:15 a.m. by telephone. Plaintiff's motion for entry of default judgment [23] is denied as moot, and the tentative default judgment hearing set for 3/25/2025 is stricken. Mailed notice |
| 44 | 2025-03-11 | MOTION by Defendant Esweny for extension of time to file answer regarding complaint[1] (OPPOSED) |
| 43 | 2025-03-11 | ATTORNEY Appearance for Defendant Esweny by Christopher Paul Keleher |
| 42 | 2025-03-11 | CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie |
| 41 | 2025-03-10 | CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie |
| 40 | 2025-03-10 | MOTION by Plaintiff Wenjie Xie for entry of default, MOTION by Plaintiff Wenjie Xie for default judgment as to Defaulting Defendant |
| 39 | 2025-03-10 | Supplement |
| 38 | 2025-03-10 | Exhibit |
| 37 | 2025-03-10 | Exhibit |
| 36 | 2025-03-10 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [23] for entry of default and default judgment against the Defendant identified in Annex A to the Amended Complaint. 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 objection to the motion for entry of default judgment must be filed on or before 3/17/2025. If no objection is 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 3/17/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon Defendant within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 3/25/2025 at 9:15 a.m. Telephone status hearing set for 3/18/2025 is stricken. Mailed notice |
| 35 | 2025-02-12 | NEW PARTIES: Esweny added to case caption. |
| 34 | 2025-02-10 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 2/10/2025. Mailed notice |
| 33 | 2025-02-10 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [16] is granted. Plaintiff's filings establish that she has acted expeditiously to protect her 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 [20] that she provided electronic notice to defendants 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. Plaintiff's counsel is directed to ensure that defendant listed on Schedule A is added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents except Docket No. 2. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 2/11/2025 is stricken. Summons was issued on 2/4/2025, and Defendant's response to the complaint is due by 2/25/2025. Plaintiff should file any motion for entry of default and default judgment by 3/11/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report stating whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 3/18/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 32 | 2025-02-04 | Declaration |
| 31 | 2025-02-04 | CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie |
| 30 | 2025-02-04 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [16] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if defendant does not appear and object by 2/7/2025." If no objection is 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 2/7/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon defendant within one business day of its entry on the docket and must promptly file proof of that service. The status hearing set for 2/11/2025 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice |
| 29 | 2025-02-04 | CERTIFICATE of Service by Ge Lei on behalf of Wenjie Xie |
| 28 | 2025-02-04 | SUMMONS Returned Executed by Wenjie Xie as to The Entities and Individuals Identified in Annex A, on 2/4/2025, answer due 2/25/2025. |
| 27 | 2025-02-04 | Exhibit |
| 26 | 2025-02-04 | Declaration |
| 25 | 2025-02-04 | Supplement |
| 24 | 2025-02-04 | MOTION by Plaintiff Wenjie Xie for preliminary injunction |
| 23 | 2025-02-04 | SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A |
| 22 | 2025-01-30 | REGISTRY Deposit Information form by Wenjie Xie. (Received at the Intake Counter on 1/30/2025). (jn,) |
| 21 | 2025-01-30 | Civil BOND in the amount of $1000.00 cashier's check, Receipt No. 100015948, posted by Wenjie Xie |
| 20 | 2025-01-21 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [13] is granted. For the reasons stated in Plaintiff's Memorandum [13-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 2/11/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 2/4/2025. Telephone status hearing set for 1/28/2025 is stricken and reset to 2/11/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 19 | 2025-01-20 | Declaration |
| 18 | 2025-01-20 | Supplement |
| 17 | 2025-01-20 | MOTION by Plaintiff Wenjie Xie to extend the Temporary Restraining Order [11] |
| 16 | 2025-01-15 | Copyright Request Letter Returned by Wenjie Xie |
| 15 | 2025-01-14 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [7], motion for alternative service [8], and motion for leave to file under seal [9] are granted. Plaintiff's submissions establish that, was defendant to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendant 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 along with this minute order 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, was defendant to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that its 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 products, and there is no countervailing harm to defendant from an order directing it 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 defendant. Expedited discovery is warranted to identify defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:30 p.m. on 1/14/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 1/21/2025. Telephone status hearing is set for 1/28/2025 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The callin number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 14 | 2025-01-14 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 1/14/2025. Mailed notice |
| 13 | 2025-01-13 | COMPLAINT filed by Wenjie Xie; Jury Demand. Filing fee $ 405, receipt number AILNDC-22941410. |
| 12 | 2025-01-13 | MOTION by Plaintiff Wenjie Xie to seal documents |
| 11 | 2025-01-13 | Exhibit |
| 10 | 2025-01-13 | Supplement |
| 9 | 2025-01-13 | MOTION by Plaintiff Wenjie Xie for Alternative Service |
| 8 | 2025-01-13 | SEALED MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery |
| 7 | 2025-01-13 | SEALED DOCUMENT by Plaintiff Wenjie Xie Amended Complaint |
| 6 | 2025-01-13 | MAILED Copyright Request Letter to Plaintiff's counsel |
| 5 | 2025-01-13 | 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. |
| 4 | 2025-01-13 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 3). |
| 3 | 2025-01-13 | CIVIL Cover Sheet |
| 2 | 2025-01-13 | ATTORNEY Appearance for Plaintiff Wenjie Xie by Ge Lei |
| 1 | 2025-01-13 | SEALED EXHIBIT by Plaintiff Wenjie Xie Annex A regarding complaint[1] |
