最近更新：2025-03-09
2025-cv-00061
| 日期 | 描述 |
|---|---|
| 03/07/2025 | SEALED TEMPORARY RESTRAINING ORDER, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, AND EXPEDITED DISCOVERY Signed by the Honorable Joan B. Gottschall on 3/7/2025. Mailed notice |
| 03/06/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's third motion [30] for temporary restraining order is granted. A temporary restraining order will be entered on March 7, 2025. A preliminary injunction hearing to be held by teleconference is tentatively set for March 21, 2025, at 10:30 AM. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. No defendant having appeared and at plaintiff's request, the parties' deadline to file a joint initial status report is extended to and including April 7, 2025. Mailed notice |
| 03/04/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion to seal 35 his supplemental exhibits 34 in support of his pending motion 30 for a temporary restraining order is granted. The Clerk is instructed to maintain the exhibits 34 under seal until further order of court. Mailed notice |
| 02/28/2025 | MOTION by Plaintiff John Billings to seal document sealed document 34 |
| 02/28/2025 | SEALED DOCUMENT by Plaintiff John Billings supplemental evidence supporting TRO 附件： 1:Exhibit AA - Confirmation of Sale and Delivery 2:(Exhibit BB - Photos of Delivered Item) |
| 02/27/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 32 for leave to file certain documents temporarily under seal is granted. The Clerk is instructed to maintain the seal on all presently sealed documents until further order of court. In his memorandum of law supporting his third motion for a temporary restraining order, plaintiff asserts that he is likely to succeed in showing that this court has personal jurisdiction over defendant because "there is a sale to this District by the Defendant," meaning that defendant shipped at least one allegedly infringing product to an Illinois address. ECF No. 31 at 5 & n.1. To substantiate this factual assertion, plaintiff relies on exhibit two to his memorandum. Id.; see also Billings Decl. ¶ 9. However, exhibit two does not show a completed sale. The screenshots in the exhibit reflect that plaintiff's investigator put each accused product in his Amazon.com shopping cart, began the checkout process, entered an Illinois "Delivering To" address, and reached an order summary page with two buttons marked "place order." See ECF No. [31-5] at 6, 9. Nothing in the exhibit suggests that the investigator pressed "place order" or, if he did, that Amazon confirmed or shipped the accused products. Plaintiff is given seven days, until and including 03/05/2025, to supplement the record with evidence supporting his representation that at least one sale of an allegedly infringing product to a person associated with an Illinois address occurred.Mailed notice |
| 02/19/2025 | MOTION by Plaintiff John Billings to seal document sealed document, 31, SEALED MOTION by Plaintiff John Billings Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 30 |
| 02/19/2025 | SEALED DOCUMENT by Plaintiff John Billings Memorandum in Support of Plaintiff's Renewed Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 附件： 1:Exhibit List 2:Declaration of John Billings 3:Amended Schedule A The Partnership and Unincorporated Association 4:Exhibit 1 United States Copyright Registration 5:(Exhibit 2 Accused Product and Comparison to the Asserted Copyright) |
| 02/19/2025 | SEALED MOTION by Plaintiff John Billings Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 02/06/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 28 for leave to file certain documents temporarily under seal is granted. The Clerk is instructed to maintain the seal on all presently sealed documents until further order of court. Plaintiff renews his motion for an ex parte temporary restraining order, but he made no material changes to the arguments in his supporting memorandum of law 27. The court performed a line-by-line comparison of plaintiff's memoranda. As far as the court can tell, plaintiff made one substantive change: he removed arguments concerning the propriety of joining the former defendants. Compare Orig. Mem, ECF No. 8, with Mem. Supp. Renewed Mot. TRO, ECF No. 27. Plaintiff's renewed motion 26 for temporary restraining order is denied without prejudice for the reasons given in the order 12 denying his original motion for temporary restraining order. In addition, plaintiff argues that he is likely to succeed on the merits of his copyright infringement claim because images in the record clearly show that his copyrighted duck sculpture and the accused product depict "the Angry Duck sculpture in the same stance, has the arms in the same curled and flexed position, the same teeth chomping the cigar on the same side, and the same short tail." Mem. Supp. Renewed Mot. TRO 5. Plaintiff cites exhibit two [27-5] to support his factual position. Id. Due to the point of view from which the image of the accused product in exhibit two was taken, the court cannot see the accused product's teeth or determine whether it has anything in its bill. For this reason, exhibit two does not fully support plaintiff's argument that he is likely to succeed on the merits of his copyright infringement claim. Mailed notice. |
| 02/04/2025 | MOTION by Plaintiff John Billings to seal document SEALED MOTION by Plaintiff John Billings Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Alternative Service 26, sealed document, 27 |
| 02/04/2025 | SEALED DOCUMENT by Plaintiff John Billings Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, Including a Temporary Injunction, A Temporary Asset Restraint, Expedited Discovery, and for Alternative Service 附件： 1:(Exhibit 2 Accused Product and Comparison to the Asserted Copyright) 2:Amended Schedule A The Partnership and Unincorporated Association 3:Exhibit 1 United States Copyright Registration 4:Declaration of John Billings 5:Exhibit List |
| 02/04/2025 | SEALED MOTION by Plaintiff John Billings Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Alternative Service |
| 01/31/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 24 for leave to file amended Schedule A and certain other exhibits to the amended complaint under seal is granted. The Clerk is instructed to maintain the seal on Doc. Nos. 22 and 23 until further order of court. The parties' joint initial status report remains due 14 on or before 03/07/2025. Mailed notice |
| 01/30/2025 | MOTION by Plaintiff John Billings to seal document sealed document, [23] |
| 01/30/2025 | AMENDED complaint by John Billings against The Partnership and Unincorporated Association Identified on Schedule A 附件： 1:Amended Schedule A The Partnership and Unincorporated Association 2:Exhibit 1 United States Copyright Registration 3:Exhibit 2 Accused Product and Comparison to the Asserted Copyright 4:Exhibit List |
| 01/23/2025 | ORDER Signed by the Honorable Joan B. Gottschall on 1/23/2025.Mailed notice |
| 01/23/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Enter order on plaintiff's memorandum 15 in support of joinder. In accordance with the order, plaintiff must amend his complaint on or before 01/30/2025 and eliminate all improperly joined defendants. Mailed notice |
| 01/22/2025 | MAILED copyright report to Registrar, Washington DC |
| 01/16/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 17 for leave to file his memorandum regarding joinder and the accompanying exhibits temporarily under seal is granted. The Clerk is instructed to maintain the seal on Doc. Nos. 15 and 16 until further order of court. Mailed notice |
| 01/13/2025 | MOTION by Plaintiff John Billings to seal document sealed document 15, exhibit, 16 Plaintiff's Memorandum of Law in Response to the Order to Show Cause on Proper Joinder |
| 01/13/2025 | SEALED EXHIBIT by Plaintiff John Billings Plaintiff's Memorandum of Law in Response to the Order to Show Cause on Proper Joinder regarding sealed document 15 附件： 1:Exhibit A United States Copyright Registration 2:Exhibit C Accused Products and Webpages (Doc. 4 Exhibit 4) 3:(Exhibit D Accused Products between Defendants Excerpts from Doc. 4 Exhibit 4) 4:Exhibit B Accused Products Excerpts from Doc. 4 Exhibit 4 |
| 01/13/2025 | SEALED DOCUMENT by Plaintiff John Billings Plaintiff's Memorandum of Law in Response to the Order to Show Cause on Proper Joinder |
| 01/06/2025 | ORDER: An initial status report is due on or before March 7, 2025. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at https://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within fourteen days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. If, by the due date of the scheduled status report, defendants have not been served, plaintiff should email chambers_gottschall@ilnd.uscourts.gov to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 1/6/2025.Mailed notice |
| 01/06/2025 | STANDING ORDER IN "SCHEDULE A" CASES Signed by the Honorable Joan B. Gottschall on 1/6/2025.Mailed notice |
| 01/06/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 7 for a temporary restraining order, for leave to serve the summons and complaint by electronic means, and for leave to conduct expedited discovery is denied without prejudice for the reasons explained in the following paragraphs of this court's standing order in "Schedule A" cases: 1, 2, 6, 7, and 8. Plaintiff argues in a conclusory manner that joinder is proper because "all Defendants are selling the same infringing products, [and] the product images and descriptions are similar across the 35 Defendant Internet Stores." Mem. Supp. Mot. TRO 16, ECF No. 8. Plaintiff's conclusory assertions are unsupported by any citations to the record, and plaintiff does not describe the allegedly common features of the images and descriptions. See id. at 15-16. Accordingly, plaintiff has not shown that joinder is proper under Federal Rule of Civil Procedure 20(a)(2) and Bailie v. Defendants Identified on Schedule A, --- F. Supp. 3d ---, 2024 WL 2209698 (N.D. Ill. May 15, 2024). Plaintiff is ordered to file a memorandum of law by and including 01/13/2025 showing cause why joinder of the thirty-five defendants comports with Rule 20(a)(2) and Bailie. Mailed notice |
| 01/06/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motions (Doc. Nos. 5 and 10) for leave to file certain documents temporarily under seal are granted. The Clerk is instructed to maintain the seal on the following documents until further court order: Schedule A to the Compl. [1-1], Compl. Ex. 1, [1-2]; Compl. Ex. 4, [1-6]; Mot. TRO, 7 ; Mem. Supp. Mot. TRO, 8 ; and 9. Mailed notice |
| 01/03/2025 | MOTION by Plaintiff John Billings to seal document sealed document, 8, exhibit, 9, SEALED MOTION by Plaintiff John Billings for Entry of a Sealed Temporary Restraining Order, Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Alternative Service 7 |
| 01/03/2025 | SEALED EXHIBIT by Plaintiff John Billings regarding sealed document, 8, SEALED MOTION by Plaintiff John Billings for Entry of a Sealed Temporary Restraining Order, Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Alternative Service 7 附件： 1:Schedule A List of Partnerships and Unincorporated Associations 2:Exhibit 1 United States Copyright Registration 3:(Exhibit 2 Accused Products) 4:Declaration of John Billings |
| 01/03/2025 | SEALED DOCUMENT by Plaintiff John Billings Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Sealed Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and for Alternative Service |
| 01/03/2025 | SEALED MOTION by Plaintiff John Billings for Entry of a Sealed Temporary Restraining Order, Temporary Injunction, Temporary Asset Restraint, Expedited Discovery, and Alternative Service |
| 01/03/2025 | ATTORNEY Appearance for Plaintiff John Billings by David Randolph Bennett |
| 01/03/2025 | MOTION by Plaintiff John Billings to seal document sealed document, 4 |
| 01/03/2025 | 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. |
| 01/03/2025 | CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). |
| 01/03/2025 | SEALED DOCUMENT by Plaintiff John Billings Schedule A and Exhibits to the Complaint 附件： 1:Exhibit 1 United States Copyright Registration 2:(Exhibit 4 Accused Products) 3:Schedule A List of Partnerships and Unincorporated Associations |
| 01/03/2025 | ATTORNEY Appearance for Plaintiff John Billings by Steven G Kalberg |
| 01/03/2025 | CIVIL Cover Sheet |
| 01/03/2025 | COMPLAINT for Copyright Infringement filed by John Billings; Filing fee $ 405, receipt number AILNDC-22907998. 附件： 1:Exhibit 1 United States Copyright Registration 2:(Exhibit 4 Accused Products) 3:Exhibit 3 Intellectual Property Right Seizure Statistics, FY 2021 4:Schedule A List of Partnerships and Unincorporated Associations 5:Exhibit List 6:Exhibit 2 Combating Trafficking in Counterfeit and Pirated Goods, Jan. 24, 2020 |
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