最近更新：2025-02-25
2024-cv-05053
| 日期 | 描述 |
|---|---|
| 09/25/2024 | FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 9/25/2024. Mailed notice |
| 09/25/2024 | MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 34 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established 38 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 9/26/2024 is stricken. Enter separate Final Judgment Order. Civil case terminated. Mailed notice |
| 09/18/2024 | CERTIFICATE of Service by Plaintiff Mob Entertainment, Inc. regarding terminate hearings, set/reset hearings, [37] 附件： 1:Exhibit A |
| 09/18/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [34] for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 9/24/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 9/24/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. The telephone status hearing set for 9/26/2024 at 9:15 a.m. is converted to a tentative default judgment hearing. Mailed notice |
| 09/17/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35] 附件： 1:Exhibit 1 |
| 09/17/2024 | MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for entry of default, motion for default judgment, [34] 附件： 1:Exhibit 1 |
| 09/17/2024 | MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for entry of default, MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for default judgment as to all Defendants 附件： 1:Exhibit A |
| 08/13/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Summons was issued on 8/2/2024, and Defendants' responses to the complaint are due by 8/29/2024. Plaintiff should file any motion for entry of default and default judgment by 9/19/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Telephone status hearing set for 8/29/2024 is stricken and reset to 9/26/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 08/08/2024 | SUMMONS Returned Executed by Mob Entertainment, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/8/2024, answer due 8/29/2024. 附件： 1:Declaration of Jennifer V. Nacht 2:Exhibit A |
| 08/02/2024 | SUMMONS Issued as to Defendant yyds_03 and The Individuals and Entities Operating yyds_03 |
| 08/02/2024 | ORDER Signed by the Honorable Sunil R. Harjani on 8/2/2024. Mailed notice |
| 07/29/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed an Amended Complaint [23, 24] that includes only one store. As such, plaintiff need not file a memorandum on the permissibility of joinder as directed by the Court's Order dated 7/18/2024. Plaintiff's motion for expedited discovery 26 and motion for electronic service of process 27 are granted. 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. Telephone status hearing is set for 8/29/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice |
| 07/23/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[28] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 07/23/2024 | MEMORANDUM by Mob Entertainment, Inc. in support of motion for miscellaneous relief[27] |
| 07/23/2024 | MOTION by Plaintiff Mob Entertainment, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 07/23/2024 | MOTION by Plaintiff Mob Entertainment, Inc. for discovery Expedited |
| 07/23/2024 | RESPONSE by Plaintiff Mob Entertainment, Inc. to order on motion for leave to file, order on motion for temporary restraining order, order on motion for miscellaneous relief, terminate motions, [22] |
| 07/23/2024 | EXHIBIT by Plaintiff Mob Entertainment, Inc. Schedule A regarding amended complaint, [23] |
| 07/23/2024 | AMENDED complaint by Mob Entertainment, Inc. against yyds_03 and The Individuals and Entities Operating yyds_03 and terminating EnchantedMob, Inc. and The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
| 07/18/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder [20] and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 118 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). The Court observes that plaintiff's memorandum includes a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, particular facts to actually support that relationship in this case. Beyond alleging that the 118 defendants are infringing upon plaintiff's trademarks and copyrights, plaintiff claims only generally that joinder is proper because, inter alia, defendants: (1) use "nondescript Seller Aliases," (2) provide no credible information regarding their physical addresses, (3) use the "same advertising and marketing strategies to target consumers," (4) often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use; (5) have other shared "features such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images" and (6) the unauthorized products "bear similar irregularities and indicia of being counterfeit to one another" suggesting that they "were manufactured by and come from a common source." (Doc. 20 at 7-8; Doc. 1, ¶ 28). But plaintiff provides no specific examples of such shared features or similar irregularities and instead the record contains Exhibit 4 to the Declaration of Zach Belanger (which includes 311 pages of screenshots from defendants' listings) without providing the Court with specific additional information from those listings that might in fact support joinder in this matter. See Doc. 16. It is not this Court's job to sift through hundreds of pages of materials to look for a relationship between the defendants. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The Partnerships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See Art Ask Agency v. Individuals, Corporations, Limited Liability Companies, Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021) (holding similar conclusory statements do not support joinder); H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, plaintiff's motion for temporary restraining order [12] and motion for electronic service [17] are denied without prejudice. Plaintiff's motion for leave to file under seal [3] is granted. Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others by 7/31/2024. Mailed notice |
| 06/27/2024 | DECLARATION of Justin R. Gaudio regarding memorandum 20 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 6:Exhibit 6 7:Exhibit 7 8:(Exhibit 8) |
| 06/27/2024 | MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. Establishing that Joinder is Proper |
| 06/27/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 06/27/2024 | MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for miscellaneous relief 17 |
| 06/27/2024 | MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 06/27/2024 | SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Exhibit 4 Parts 1-2 regarding declaration 15 附件： 1:Exhibit 4-1 2:(Exhibit 4-2) |
| 06/27/2024 | DECLARATION of Zach Belanger regarding memorandum in support of motion 13 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3) |
| 06/27/2024 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
| 06/27/2024 | MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for temporary restraining order 12 |
| 06/27/2024 | MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 06/24/2024 | MINUTE entry before the Executive Committee: Case reassigned to the Honorable Judge Sunil R. Harjani for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice |
| 06/20/2024 | 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. |
| 06/20/2024 | CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). |
| 06/18/2024 | ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Jennifer Van Nacht |
| 06/18/2024 | ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Quinn Bradley Guillermo |
| 06/18/2024 | ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Amy Crout Ziegler |
| 06/18/2024 | ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Justin R. Gaudio |
| 06/18/2024 | Notice of Claims Involving Trademarks by EnchantedMob, Inc., Mob Entertainment, Inc. |
| 06/18/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by EnchantedMob, Inc., Mob Entertainment, Inc. |
| 06/18/2024 | CIVIL Cover Sheet |
| 06/18/2024 | MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for leave to file under seal |
| 06/18/2024 | SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Schedule A regarding complaint[1] |
| 06/18/2024 | COMPLAINT filed by EnchantedMob, Inc., Mob Entertainment, Inc.; Filing fee $ 405, receipt number AILNDC-22155975. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:Exhibit 4 5:Exhibit 5 |
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