最近更新:2025-01-19
更新

2024-cv-10835

H. v. The Individuals, Partnerships, or Unincorporated Associations Identified On Schedule A

日期:10/21/2024

法院:伊利诺伊州北区法院

品牌:

律所:

日期 描述
11/08/2024 MAILED copyright report with certified copy of the minute order dated 11/7/2024 to Registrar, Washington DC.
11/07/2024 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [17], this case is dismissed without prejudice. Any pending deadlines are stricken. Civil case terminated. Mailed notice
11/05/2024 NOTICE of Voluntary Dismissal by J. H.
10/29/2024 MINUTE entry before the Honorable John Robert Blakey: Plaintiff has initiated a copyright infringement case against an unknown number of Defendants and seeks to proceed, at least initially, via pseudonym. See 1, 5. Plaintiff also seeks leave to temporarily seal its complaint, the unfiled "Schedule A," copies of Plaintiff's intellectual property, and Plaintiff's TRO motion and supporting documents. See 5, 6. "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 claims exceptional circumstances based upon representations that Chinese counterfeiters monitor litigation activity to sound the alarm about enforcement actions, which frustrates Plaintiff's litigation efforts. But many cases just like this are filed every day in this District without anonymous plaintiffs, and the Court has no reason to think that the requested sealing order (which would prevent Defendants from learning that they have been sued and prevent them from discerning the asserted intellectual property) 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 without prejudice and denies the motion for leave to proceed under a pseudonym 5. The Court also denies without prejudice the motions for leave to file excess pages 12 and for entry of a TRO 13 and strikes the 10/30/24 Notice of Motion date. The Court grants Plaintiff's motion to seal and the pleadings on file shall remain under seal; Plaintiff also file any amended complaint and revised motions under seal. Plaintiff should ensure that any amended complaint supports the joinder of multiple defendants and that its submissions demonstrate a likelihood of success as to each Defendant on the asserted claims. Plaintiff should also ensure that its submissions support the exercise of personal jurisdiction as to each defendant; in this regard, the mere maintenance of a website, even a fully interactive website accessible in Illinois, 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."). Mailed notice.
10/28/2024 NOTICE of Motion by Jay Campbell Miller for presentment of motion for leave to file excess pages[12], Sealed motion[13] before Honorable John Robert Blakey on 10/30/2024 at 11:00 AM.
10/28/2024 SEALED DOCUMENT by Plaintiff J. H.
附件:
1:(Exhibit 1 to Joel B. Rothman Declaration)
2:Declaration of Joel B. Rothman in Support
3:Exhibit 1 to J.H. Declaration
4:Declaration of J.H. in Support
10/28/2024 SEALED MOTION by Plaintiff J. H. for Entry of Temporary Restraining Order and Alternative Service of Process
10/28/2024 MOTION by Plaintiff J. H. for leave to file excess pages
10/23/2024 NOTICE of Motion by Jay Campbell Miller for presentment of motion to seal[5] before Honorable John Robert Blakey on 10/30/2024 at 11:00 AM.
10/22/2024 MAILED copyright report to Registrar, Washington DC.
10/22/2024 LETTER from Joel Benjamin Rothman dated 10/22/2024 with Copyright Information. (evw,)
10/22/2024 SEALED DOCUMENT by Plaintiff J. H. Complaint
附件:
1:(Exhibit 1 - Registration)
2:Schedule "A"
10/21/2024 MINUTE entry before the Executive Committee: MINUTE entry before the Executive Committee: Case reassigned to the Honorable John Robert Blakey for all further proceedings pursuant to the provisions of 28 USC 294(b). Mailed notice
10/21/2024 MEMORANDUM by J. H. in support of motion to seal[5]
附件:
1:Declaration of Joel B. Rothman
2:Exhibit 1
3:Exhibit 2
4:Exhibit 3
5:Exhibit 4
6:Exhibit 5
10/22/2024 EMAILED Copyright Request Letter to Plaintiff's Counsel Joel Benjamin Rothman.
10/21/2024 MOTION by Plaintiff J. H. to seal and Proceed Under Pseudonym Temporarily
10/21/2024 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.
10/21/2024 CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 3).
10/21/2024 ATTORNEY Appearance for Plaintiff J. H. by Jay Campbell Miller
10/21/2024 ATTORNEY Appearance for Plaintiff J. H. by Rachel I Kaminetzky
10/21/2024 ATTORNEY Appearance for Plaintiff J. H. by Joel Benjamin Rothman
10/21/2024 COMPLAINT filed by J. H.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22633576.
附件:
1:Civil Cover Sheet

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