最近更新:2025-03-09
2024-cv-13395
日期 | 描述 |
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03/06/2025 | NOTICE of Motion by Gouthami Vanam Tufts for presentment of motion to seal 12, motion for temporary restraining order 16, motion for miscellaneous relief 19 before Honorable John Robert Blakey on 3/12/2025 at 11:00 AM. |
03/06/2025 | MEMORANDUM by KTM Enterprises, LLC in support of motion for miscellaneous relief 19 for electronic service of process 附件: 1:(Exhibit 1-2) 2:Declaration of Ann Marie Sulivan |
03/06/2025 | MOTION by Plaintiff KTM Enterprises, LLC for electronic service of process |
03/06/2025 | SEALED DOCUMENT by Plaintiff KTM Enterprises, LLC Exhibit 2 Part 1 to the Declaration in Support of Motion 附件: 1:Exhibit 2-Part 2 2:Exhibit 2-Part 3 3:(Exhibit 2-Part 4) |
03/06/2025 | MEMORANDUM by KTM Enterprises, LLC in support of motion for temporary restraining order 16 附件: 1:Declaration in support of motion 2:(Exhibit 1) |
03/06/2025 | MOTION by Plaintiff KTM Enterprises, LLC for temporary restraining order |
03/06/2025 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM Enterprises, LLC |
02/12/2025 | ATTORNEY Appearance for Plaintiff KTM Enterprises, LLC by Gouthami Vanam Tufts |
02/11/2025 | ATTORNEY Appearance for Plaintiff KTM Enterprises, LLC by John Joseph Mariane, IV |
02/05/2025 | NEW PARTIES: KTM Enterprises, LLC added to case caption. Terminating XYZ Corporation |
02/05/2025 | MOTION by Plaintiff KTM Enterprises, LLC to seal certain documents |
02/05/2025 | SEALED DOCUMENT by Plaintiff KTM Enterprises, LLC Exhibit 3 |
02/05/2025 | SEALED DOCUMENT by Plaintiff KTM Enterprises, LLC Exhibit 2 to the Amended Complaint - Amended Schedule A |
02/05/2025 | AMENDED complaint by KTM Enterprises, LLC against The Partnerships Identified on Schedule A 附件: 1:(Exhibit 1) |
01/21/2025 | MINUTE entry before the Honorable John Robert Blakey: Plaintiff has initiated a copyright infringement case against 40 Defendants and seeks to proceed, at least initially, via pseudonym. See 1, 2, 7. "No-name litigation is disfavored in general, and particularly in this Circuit." XYZ Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 21-CV-06471, 2022 WL 180151, at *12 (N.D. Ill. Jan. 20, 2022). The Seventh Circuit has "repeatedly voiced its 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." Id. (citing Doe v. Vill. of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016); Doe v. Smith, 429 F.3d 706, 710 (7th Cir. 2005); Doe v. Blue Cross & Blue Shield United of Wis., 112 F.3d 869, 872 (7th Cir. 1997)). Here, Plaintiff simply filed its complaint using a pseudonym, without leave, and without any effort to justify the tactic. Yet, many cases just like this are filed every day in this District without anonymous plaintiffs, and the Court has no reason to think that a sealing order, if requested (which would prevent Defendants from learning that they have been sued), remains insufficient by itself to alleviate any concerns Plaintiff may have about disclosing its identity. Because Plaintiff has failed to identify itself on any of the pending pleadings, the Court dismisses the complaint 1, 2 without prejudice. If Plaintiff wishes to pursue an amended complaint, it must do so by 2/5/25. If Plaintiff elects to pursue an amended complaint, it should ensure that its pleadings provide a factual and legal basis to join the 40 identified Defendants in a single suit. Joinder of multiple defendants in a single copyright infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff simply alleges that joinder is proper because its "right to relief stems from the same series of transactions or occurrences, and questions of law and/or fact common to all defendants will arise in the action." 2 4. But this is a legal conclusion, which the Court need not accept, and Plaintiff has failed to provide any factual support for joinder. If Plaintiff pursues an amended complaint, it should ensure that its pleadings support joinder of all Defendants Plaintiff should also ensure that its submissions support the exercise of personal jurisdiction as to each Defendant;the mere maintenance of a website, even a fully interactive website accessible in Illinois (which is what Plaintiff alleges, see 2 2-3, remains insufficient. E.g., Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). If Plaintiff declines to amend, the Court will dismiss this case. Mailed notice. |
01/13/2025 | SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Schedule A |
01/02/2025 | MAILED copyright report to Registrar, Washington DC |
01/02/2025 | 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. |
01/02/2025 | CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). |
12/31/2024 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
12/31/2024 | ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter |
12/31/2024 | CIVIL Cover Sheet |
12/31/2024 | SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted) 附件: 1:Exhibit 1 2:(Exhibit 2 - Schedule A) |
12/31/2024 | COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-22899231. |
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