最近更新：2024-12-25
2024-cv-03812
| 日期 | 描述 |
|---|---|
| 08/29/2024 | MAILED copyright report to Registrar, Washington DC. (jn,) |
| 08/28/2024 | MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal, this case is dismissed without prejudice as to the Defendant identified on Schedule A. Civil case terminated. |
| 08/27/2024 | NOTICE of Voluntary Dismissal by Popilush, LLC (Deng, Faye Yifei) |
| 08/26/2024 | MINUTE entry before the Honorable Sunil R. Harjani: In light of the case reassignment 22, the telephone status hearing set for 8/29/2024 is stricken.Mailed notice |
| 08/23/2024 | EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Georgia N. Alexakis; therefore IT IS HEREBY ORDERED that the attached list of 293 cases be reassigned to the Honorable Georgia N. Alexakis; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Georgia N. Alexakis' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; andIT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Georgia N. Alexakis to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Georgia N. Alexakis to the Court's criminal case assignment system twelve (12) months from the date of this order so that Judge Alexakis shall thereafter receive a full share of such cases. Case reassigned to the Honorable Georgia N Alexakis for all further proceedings. Honorable Sunil R. Harjani no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 8/23/2024. |
| 08/21/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff shall file a status report with an update on the case by 8/27/2024. Mailed notice |
| 08/02/2024 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed an Amended Complaint [18, 19] that includes only one seller. As such, plaintiff need not file a memorandum on the permissibility of joinder as directed by the Court's Order dated 7/18/2024. Telephone status hearing 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 |
| 08/01/2024 | SEALED DOCUMENT by Plaintiff Popilush, LLC Amended SCHEDULE "A" related to Amended COMPLAINT 18 (Deng, Faye Yifei) |
| 08/01/2024 | AMENDED complaint by Popilush, LLC against The Party Identified on the Amended Schedule A and terminating The Partnerships and Unincorporated Associations Identified on Schedule A 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4)(Deng, Faye Yifei) |
| 07/18/2024 | MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the plaintiff's memorandum on joinder 16 and determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 59 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, facts to actually support that relationship. Beyond alleging that the 59 defendants are infringing upon plaintiff's copyrighted works, plaintiff claims only generally that joinder is proper because, inter alia, defendants: conceal their identities and full scope of their infringing operations to make it impossible for plaintiff to learn their true identities; provide fake information about their physical addresses; employ the same advertising and marketing strategies to target consumers while attempting to evade enforcement; seller aliases share identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other online marketplaces they operate or use; and regularly communicate in various chatting apps regarding tactics for operating multiple accounts, evading detection, pending litigation, and potential new lawsuits. (Doc. 16 at 6; Doc. 1, ¶¶ 17, 19-25). But plaintiff provides no specific examples of such identical advertising and marketing strategies and common design elements and instead the record contains Exhibit 2 to the Declaration of Rong Quing Xu (which includes 303 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. 12. 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 8 and motion for electronic service 13 are denied without prejudice. Plaintiff's motion for leave to file under seal 4 is granted. By 8/1/2024, 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 in light of the principles described in Estee Lauder. Mailed notice |
| 06/24/2024 | MEMORANDUM by Popilush, LLC Establishing that Joinder is Proper 附件： 1:Declaration of Faye Deng 2:(Exhibit 1)(Deng, Faye Yifei) |
| 06/24/2024 | DECLARATION of Faye Yifei Deng regarding memorandum in support of motion 14 附件： 1:Exhibit 1 2:(Exhibit 2)(Deng, Faye Yifei) |
| 06/24/2024 | MEMORANDUM by Popilush, LLC in support of motion for miscellaneous relief 13 (Deng, Faye Yifei) |
| 06/24/2024 | MOTION by Plaintiff Popilush, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Deng, Faye Yifei) |
| 06/24/2024 | SEALED DOCUMENT by Plaintiff Popilush, LLC Declaration of Rong Qing Xu Exhibit 2 附件： 1:(Exhibit 2)(Deng, Faye Yifei) |
| 06/24/2024 | DECLARATION of Rong Qing Xu regarding memorandum in support of motion 9 附件： 1:(Exhibit 1)(Deng, Faye Yifei) |
| 06/24/2024 | DECLARATION of Faye Yifei Deng regarding memorandum in support of motion 9 附件： 1:Exhibit 1 2:Exhibit 2 3:(Exhibit 3)(Deng, Faye Yifei) |
| 06/24/2024 | MEMORANDUM by Popilush, LLC in support of motion for temporary restraining order 8 (Deng, Faye Yifei) |
| 06/24/2024 | MOTION by Plaintiff Popilush, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Deng, Faye Yifei) |
| 05/10/2024 | MAILED copyright report to Registrar, Washington DC. |
| 05/10/2024 | 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. |
| 05/10/2024 | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 3). |
| 05/09/2024 | ATTORNEY Appearance for Plaintiff Popilush, LLC by Yifei Deng |
| 05/09/2024 | SEALED DOCUMENT by Plaintiff Popilush, LLC SCHEDULE "A" related to COMPLAINT 1 |
| 05/09/2024 | MOTION by Plaintiff Popilush, LLC for Leave to file under seal |
| 05/09/2024 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Popilush, LLC |
| 05/09/2024 | CIVIL Cover Sheet |
| 05/09/2024 | COMPLAINT filed by Popilush, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-21952038. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
