最近更新:2025-02-26
2024-cv-12253
日期 | 描述 |
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02/18/2025 | MAILED copyright report to Registrar, Washington DC |
02/18/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Voluntary Dismissal [13], this action is being dismissed without prejudice as to the only remaining Defendant. All pending motions and deadlines are terminated as moot. Civil case terminated. Mailed notice (gel,) |
02/17/2025 | NOTICE of Voluntary Dismissal by Sebastian Burdon of remaining Defendant |
02/11/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for extension of time to file supplemental joinder memorandum [11] is denied. As an initial matter, Plaintiff's counsel, who should be familiar with this Court's procedures, failed to notice the motion for presentment. Any further non-compliant filings by counsel will be summarily stricken. Substantively, the relief sought is inappropriate because the Court did not grant (nor has Plaintiff requested) leave to file a supplemental joinder memorandum. Rather, after reviewing Plaintiff's joinder memorandum [9], the Court entered an order [10] dismissing Defendants 2 through 74 due to improper joinder, allowing the case to proceed as to Defendant 1, and granting Plaintiff until 2/10/25 file certain motions. Because Plaintiff has not sought appropriate relief to proceed with this case against the remaining Defendant, there is no justification for keeping the Defendant's identity under seal and firm case management deadlines are necessary. Accordingly, the Clerk's office is directed to unseal any previously sealed documents and update the docket and caption to reflect that Defendant is "Ridecoc". Parties must file an initial status report by 2/28/25. A template for the report can be found on Judge Hunt's webpage under "Initial Status Conference and Status Report." A telephonic initial status hearing is set for 3/5/25 at 9:45AM. Attorneys/parties may appear by dialing: 1-650-479-3207 and entering access code: 2311 499 1046. No attendee code is required. Please review in advance the policies governing telephonic hearings that can be found on Judge Hunt's webpage on the court website. Failure to comply with this order will result in dismissal without prejudice for failure to comply with court orders and want of prosecution. Mailed notice (gel,) |
02/10/2025 | MOTION by Plaintiff Sebastian Burdon for extension of time for Supplemental Memorandum on Joinder |
02/03/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order [8] questioning whether Plaintiff had met its burden of establishing that permissive joinder of 74 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 a memorandum in support of joinder [9] arguing that various similarities between Defendants 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. Therefore, the Court dismisses Defendants 2 through 74 without prejudice for improper joinder. This action will proceed as to Defendant 1 only. By 2/10/25, Plaintiff may file any motion(s) relating to temporary injunctive relief, electronic service of process, and expedited discovery 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 (gel,) |
01/16/2025 | SUPPLEMENT to text entry, [8] Memorandum in Support of Joinder 附件: 1:Exhibit Exhibit 2 2:Exhibit Exhibit 3 3:Declaration Declaration of David Gulbransen 4:Exhibit Exhibit 1 |
01/02/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 74 Defendants in this single case and anticipates seeking ex parte TRO relief against each of them. However, after reviewing the complaint [1] and other filings, 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 1/16/25, 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. Mailed notice. |
01/02/2025 | MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for leave to temporarily seal documents [5] was not accompanied by the required notice of presentment. As a one-time courtesy, the Court will consider and grant the motion [5]. For future reference, non-compliant motions will be stricken. Schedule A to the Complaint [2] shall remain sealed until further court order. Mailed notice. |
12/20/2024 | 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 12/20/2024: Mailed notice. |
12/03/2024 | 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. |
12/03/2024 | CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). |
11/27/2024 | MOTION by Plaintiff Sebastian Burdon to seal document sealed document[2] |
11/27/2024 | ATTORNEY Appearance for Plaintiff Sebastian Burdon by David Lee Gulbransen, Jr |
11/27/2024 | CIVIL Cover Sheet |
11/27/2024 | SEALED DOCUMENT by Plaintiff Sebastian Burdon Schedule A to Complaint |
11/27/2024 | COMPLAINT filed by Sebastian Burdon; Filing fee $ 405, receipt number AILNDC-22778485. 附件: 1:Exhibit Exhibit 1 |
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