2024-cv-12592
日期 | 描述 |
---|---|
01/24/2025 | RESPONSE by Plaintiff Warner Bros. Entertainment Inc. to text entry, [23] |
01/21/2025 | NEW PARTIES: [REDACTED] added to case caption. Terminating The Partnerships And Unincorporated Associations Identified On Schedule A |
01/17/2025 | MINUTE entry before the Honorable Franklin U. Valderrama: On review of the complaint and the memorandum in support of Plaintiff's motion for a temporary restraining order, the Court raises the propriety of joinder of the 190 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024)). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "[e]-commerce stores operating under the Seller Aliases share identifiers, such as design elements and similarities of the Unauthorized Products offered for sale, establishing that a logical relationship exists between them, and that Defendants' counterfeiting operation arises out of the same transaction, occurrence, or series of transactions or occurrences." R. [1], para. 3. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Federal Rule of Civil Procedure 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Accordingly, the Court directs Plaintiff to file, on or before 01/24/25, a supplemental memorandum addressing the propriety of joinder, including, pursuant to Fed. R. Civ. P. 11(c)((3), showing cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice. |
01/14/2025 | MEMORANDUM by Warner Bros. Entertainment Inc. in support of motion for miscellaneous relief[21] 附件: 1:Declaration of Martin F. Trainor 2:Exhibit 1 |
01/14/2025 | MOTION by Plaintiff Warner Bros. Entertainment Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
01/14/2025 | EXHIBIT by Plaintiff Warner Bros. Entertainment Inc. Exhibit 1, Parts 1-8 regarding declaration[19] 附件: 1:Exhibit 1, Part 8 2:Exhibit 1, Part 7 3:Exhibit 1, Part 6 4:Exhibit 1, Part 5 5:Exhibit 1, Part 4 6:Exhibit 1, Part 1 7:Exhibit 1, Part 2 8:Exhibit 1, Part 3 |
01/14/2025 | DECLARATION of Paul Varley regarding memorandum in support of motion[18] 附件: 1:Exhibit 2 |
01/14/2025 | MEMORANDUM by Warner Bros. Entertainment Inc. in support of motion for miscellaneous relief[17] 附件: 1:Exhibit 1 2:Declaration of Martin F. Trainor |
01/14/2025 | MOTION by Plaintiff Warner Bros. Entertainment Inc. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
01/10/2025 | SEALED EXHIBIT by Plaintiff Warner Bros. Entertainment Inc. Schedule A regarding amended complaint[14] |
01/10/2025 | EXHIBIT by Plaintiff Warner Bros. Entertainment Inc. Exhibit 1, Parts 1-8 regarding amended complaint[14] 附件: 1:Exhibit 1, Part 8 2:Exhibit 1, Part 7 3:Exhibit 1, Part 6 4:Exhibit 1, Part 5 5:Exhibit 1, Part 1 6:Exhibit 1, Part 2 7:Exhibit 1, Part 4 8:Exhibit 1, Part 3 |
01/10/2025 | AMENDED complaint by Warner Bros. Entertainment Inc. against The Partnerships And Unincorporated Associations Identified On Schedule A 附件: 1:Exhibit 4 2:Exhibit 3 3:Exhibit 2 |
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. |
12/09/2024 | MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
12/09/2024 | 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. |
12/09/2024 | CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 2). |
12/09/2024 | MAILED Trademark report to Patent Trademark Office, Alexandria VA 附件: 1:Exhibit 2:Exhibit 3:Exhibit |
12/06/2024 | ATTORNEY Appearance for Plaintiff Warner Bros. Entertainment Inc. by Alexander Whang |
12/06/2024 | ATTORNEY Appearance for Plaintiff Warner Bros. Entertainment Inc. by Sydney Paige Fenton |
12/06/2024 | ATTORNEY Appearance for Plaintiff Warner Bros. Entertainment Inc. by Martin Francis Trainor |
12/06/2024 | Notice of Claims Involving Trademarks by Warner Bros. Entertainment Inc. |
12/06/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Warner Bros. Entertainment Inc. |
12/06/2024 | CIVIL Cover Sheet |
12/06/2024 | MOTION by Plaintiff Warner Bros. Entertainment Inc. for Leave to File Certain Documents Under Seal |
12/06/2024 | SEALED EXHIBIT by Plaintiff Warner Bros. Entertainment Inc. Schedule A regarding complaint[1] |
12/06/2024 | EXHIBIT by Plaintiff Warner Bros. Entertainment Inc. Exhibit 1, Parts 1-8 regarding complaint[1] 附件: 1:Exhibit 1, Part 7 2:Exhibit 1, Part 6 3:Exhibit 1, Part 5 4:Exhibit 1, Part 4 5:Exhibit 1, Part 1 6:Exhibit 1, Part 3 7:Exhibit 1, Part 2 8:Exhibit 1, Part 8 |
12/06/2024 | COMPLAINT filed by Warner Bros. Entertainment Inc.; Filing fee $ 405, receipt number AILNDC-22812138. 附件: 1:Exhibit 4 2:Exhibit 3 3:Exhibit 2 |
案件最新进展,来源于美国联邦法院,下载文件请联系 18523047090 微信同号
被告名单文件:部分原告会选择隐匿发案,或者对提交的文件进行密封处理,因此包括被告信息在内的相关文件不会在前期公开(一般PI阶段左右才会公开)。
诉状:诉状通常包括原被告的基本信息、侵权行为、侵权类型,以及诉讼请求,如确认侵权、下架侵权产品、请求赔偿等,这个文件起诉就可以下载
案件每天自动更新,未及时更新的可点击 案件名称旁边 更新 按钮