最近更新:2025-03-09
2025-cv-01007
日期 | 描述 |
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03/05/2025 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sunil R. Harjani on 3/5/2025. Mailed notice |
03/05/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Memorandum 12 establishing joinder as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of the three defendants in Schedule A is proper at this time and this case may now proceed. This copyright case resolves around a single alleged infringing video game hosted by Defendant No. 1. The Facebook group at issue (Defendant No. 2) states that it is a group for the game specifically belonging to the game hosted by Defendant No. 1, not just a group for any game infringing plaintiff's game. Further, Defendant No. 1's website links to a Facebook group. Although the link currently does not work, upon a search with the name of the infringing game followed by the name of plaintiff's game, Defendant No. 2 is the Facebook group with the greatest number of members that mentions plaintiff's game but also specifies the single infringing game at issue. Thus, it is plausible that Defendant No. 1 created Defendant No. 2's Facebook group to promote its own game. Plaintiff has also submitted evidence showing that Defendant No. 3 is directly related to the alleged infringing game. In response to a subpoena to Cloudfare seeking the identity of the publisher of the alleged infringing game, Cloudlfare identified Defendant No. 3. Considered together, this evidence suggests coordination amongst the three defendants: the email address (Defendant No. 3) is behind the creation of the alleged infringing game (Defendant No. 1), which is behind the creation of the Facebook group (Defendant No. 2). Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's motions for leave to file under seal [4, 8], ex parte motion for a temporary restraining order, including a temporary injunction 6, and motion for electronic service 7 are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants 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 motions 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, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including 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 goods, and there is no countervailing harm to defendants from an order directing them 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 defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 4:15 p.m. on 3/5/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 3/12/2025. Telephone status hearing is set for 3/19/2025 at 9:15 a.m. Mailed notice |
02/20/2025 | ATTORNEY Appearance for Plaintiff Madngine Inc. by Peter Krusiewicz |
02/20/2025 | ATTORNEY Appearance for Plaintiff Madngine Inc. by Matthew A. Werber |
02/07/2025 | MEMORANDUM text entry, 11 by Madngine Inc. OF LAW ESTABLISHING THAT JOINDER IS PROPER 附件: 1:(Exhibit 1)(Van Loon, Erica) |
01/31/2025 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motions for leave to file under seal [4, 8], plaintiff's motion for temporary restraining order 6, and plaintiff's motion for electronic service of process 7 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of three defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 2/7/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder and explaining specifically why each defendant is properly joined to all of the others in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a single defendant. Mailed notice |
01/30/2025 | MINUTE entry before the Executive Committee: Case reassigned to the Honorable Sunil R. Harjani for all further proceedings pursuant to 28 USC 294(b). Mailed notice 附件: 1:(Request for Reassignment) |
01/30/2025 | MAILED copyright report to Registrar, Washington DC. |
01/29/2025 | SEALED MOTION by Plaintiff Madngine Inc. for Leave to File Under Seal 附件: 1:(Exhibit 5 to Van Loon Declaration ISO Motion for E-Service)(Van Loon, Erica) 2:Exhibit 1 to Lee Declaration ISO Motion for Temporary Restraining Order |
01/29/2025 | MOTION by Plaintiff Madngine Inc. For Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 附件: 1:(Exhibit 5 to Van Loon Declaration (Redacted))(Van Loon, Erica) 2:Exhibit 4 to Van Loon Declaration 3:Exhibit 3 to Van Loon Declaration 4:Exhibit 1 to Van Loon Declaration 5:Exhibit 2 to Van Loon Declaration 6:Declaration of Erica Van Loon 7:Memorandum of Points ISO Motion |
01/29/2025 | MOTION by Plaintiff Madngine Inc. for temporary restraining order 附件: 1:(Exhibit 6 to Van Loon Declaration)(Van Loon, Erica) 2:Exhibit 5 to Van Loon Declaration 3:Exhibit 4 to Van Loon Declaration 4:Exhibit 3 to Van Loon Declaration 5:Exhibit 2 to Van Loon Declaration 6:Exhibit 1 to Van Loon Declaration 7:Declaration of Erica Van Loon 8:Declaration of Jung Wook Lee 9:Exhibit 1 to Lee Declaration (Redacted) 10:Memorandum of Points and Authorities ISO Motion |
01/29/2025 | Report on the Filing or Determination of an Action or Appeal Regarding a Copyright by Madngine Inc. (Van Loon, Erica) |
01/29/2025 | 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. |
01/29/2025 | CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 3). |
01/29/2025 | SEALED MOTION by Plaintiff Madngine Inc. 附件: 1:(Schedule A to Complaint)(Van Loon, Erica) |
01/29/2025 | ATTORNEY Appearance for Plaintiff Madngine Inc. by Erica J. Van Loon (Van Loon, Erica) |
01/29/2025 | Federal Rule of Civil Procedure 7.1 Corporate Disclosure Statement by Madngine Inc. (Van Loon, Erica) |
01/29/2025 | COMPLAINT filed by Madngine Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23020722. 附件: 1:(Schedule A (Fully Redacted))(Van Loon, Erica) 2:Exhibit 4 3:Exhibit 3 4:Exhibit 1 5:Exhibit 2 6:Civil Cover Sheet |
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