最近更新：2025-04-03
2025-cv-00061 AI分析
重要时间节点
2025-01-03 ：签署临时禁令
2025-04-01 ：申请初步禁令
| 日期 | 描述 |
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| 04/02/2025 | MINUTE entry before the Honorable Joan B. Gottschall: On March 25, 2025, the court ordered 49 plaintiff to show cause why its temporary restraining order bond should not be forfeited to compensate a wrongfully restrained party, former defendant no. 10 ("Lanrong"). As the show-cause order required, plaintiff served the wrongfully restrained party with a copy of the show-cause order, which also set a deadline of March 31, 2025, to file a motion to intervene. See Certif. Service 1 (Mar. 26, 2025), ECF No. 50. That deadline has come and gone, and no motion to intervene has been filed. Plaintiff's attorney has been forthright about the reasons for the wrongful restraint, essentially a cut and paste error while preparing a spreadsheet that counsel submitted to Amazon.com along with the temporary restraining order. See Resp. to Show-Cause Order 3-4, ECF No. 54. Furthermore, once the mistake was discovered, counsel promptly contacted Amazon (within five hours) to attempt to unfreeze the wrongfully frozen assets. See id. at 3. Counsel has acted with diligence and in good faith. Plaintiff argues that the bond should not be forfeited because: (1) former defendant no. 10 was not wrongfully restrained; and (2) former defendant no. 10 has not carried its burden to show that it suffered any damages as a result of the wrongful restraint. Id. at 1-4. The court is dubious about plaintiff's first argument given that former defendant no. 10 was not named in the temporary restraining order, but the first argument need not be reached because plaintiff is correct that a wrongfully restrained party bears the burden to "prove its loss" in a bond forfeiture proceeding. Mead Johnson & Co. v. Abbott Lab'ys, 201 F.3d 883, 888 (7th Cir. 2000), opinion amended on other grounds, 209 F.3d 1032 (7th Cir. 2000). After receiving notice and an opportunity to do so, former defendant no. 10 failed to move to intervene, thereby waiving its opportunity to prove its damages. For this reason, the show-cause order 49 dated March 26, 2025, is discharged. Mailed notice 翻译
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| 04/01/2025 | CERTIFICATE of Service by Steven G Kalberg on behalf of John Billings regarding MOTION by Plaintiff John Billings for preliminary injunction 55, memorandum in support of motion, 56, order on motion for extension of time, terminate hearings, set motion and R&R deadlines/hearings, set deadlines, set/reset hearings, 47 翻译
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| 04/01/2025 | MEMORANDUM by John Billings in support of motion for preliminary injunction 55 翻译
附件： 1:Exhibit List 2:(Exhibit 2 Accused Products) 3:Exhibit 1 United States Copyright Registration 4:Declaration of John Billings |
| 04/01/2025 | MOTION by Plaintiff John Billings for preliminary injunction 翻译
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| 04/01/2025 | RESPONSE to Order to Show Cause to terminate hearings, set deadlines, 49 翻译
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| 03/28/2025 | Notice Regarding Incorrect Account Pursuant to Docket No. 45 by John Billings 翻译
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| 03/28/2025 | SUMMONS Issued (Court Participant) as to Defendant The Partnership and Unincorporated Association Identified on Schedule A 翻译
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| 03/26/2025 | CERTIFICATE of Service of Docket No. 49 by Steven G Kalberg on behalf of John Billings regarding terminate hearings, set deadlines, 49 翻译
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| 03/25/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Upon consideration of the response of counsel 46 filed March 20, 2025, plaintiff is ordered to show cause on or before April 1, 2025, why the temporary restraining order bond should not be forfeited and paid to the non-party whose financial account was mistakenly frozen. Plaintiff is instructed to send a copy of this minute order to counsel for the wrongfully restrained party, which may, if it wishes, move for leave to intervene if it wishes to be heard on the question of bond forfeiture. Any motion for leave to intervene is due on or before March 31, 2025. Plaintiff must file a certificate demonstrating service of this minute order upon counsel for the wrongfully restrained party by and including March 26, 2025. Mailed notice 翻译
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| 03/20/2025 | ORDER GRANTING PLAINTIFF'S EX PARTE MOTION TO EXTEND THE SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 3/20/2025.Mailed notice 翻译
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| 03/20/2025 | MINUTE entry before the Honorable Joan B. Gottschall: The deadline 37 to request a hearing has come and gone, and no request for a hearing has been received. Accordingly, plaintiff's motion 43 to extend the sealed temporary restraining order 38 to and including April 4, 2025, is granted. Enter order. The preliminary injunction hearing tentatively set for March 21, 2025, at 10:30 AM is stricken and reset to April 4, 2025, at 10:30 AM. Any preliminary injunction motion is due on or before April 1, 2025. The court will rule on any preliminary injunction motion without holding a hearing unless a timely written response is filed or a timely request to hold a hearing is received. The deadline to file a response to, or request a hearing on, plaintiff's anticipated motion for preliminary injunction is April 2, 2025. A hearing may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff is ordered to serve defendant with a copy of this order along with any motion for preliminary injunction.Mailed notice 翻译
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| 03/20/2025 | Notice Regarding Incorrect Amazon Account Being Frozen by John Billings 翻译
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| 03/19/2025 | MINUTE entry before the Honorable Joan B. Gottschall: One of plaintiff's attorneys avers that, upon being served with the sealed temporary restraining order, non-party Amazon froze the incorrect store's financial accounts. Kalberg Decl. ¶ 6, ECF No. 43-1. Counsel is directed to provide a full explanation of how and why the incorrect account was frozen as soon as practicable and in any event on or before March 31, 2025. Separately, counsel is instructed to advise the court promptly once the incorrectly frozen account has been released. Mailed notice 翻译
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| 03/18/2025 | Registry Deposit Information Form by John Billings 翻译
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| 03/18/2025 | money order BOND in the amount of $ 1000 Rcpt. No: 100017765 posted by John Billings 翻译
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| 03/17/2025 | MOTION by Plaintiff John Billings for extension of time of the Sealed Temporary Restraining Order 翻译
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| 03/14/2025 | MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 40 for issuance of summons is granted. Pursuant to Federal Rule of Civil Procedure 4(b), The Clerk is instructed to issue a summons for defendant bearing defendant's name as identified in the caption of the amended complaint 22 : "The Partnership and Unincorporated Association Identified on Schedule A." Mailed notice 翻译
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| 03/11/2025 | MOTION by Plaintiff John Billings for Issuance of a Summons 翻译
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| 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 翻译
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| 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 翻译
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| 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 翻译
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| 02/28/2025 | MOTION by Plaintiff John Billings to seal document sealed document 34 翻译
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| 02/28/2025 | SEALED DOCUMENT by Plaintiff John Billings supplemental evidence supporting TRO 翻译
附件： 1:(Exhibit BB - Photos of Delivered Item) 2:Exhibit AA - Confirmation of Sale and Delivery |
| 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 翻译
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| 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 翻译
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| 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 翻译
附件： 1:(Exhibit 2 Accused Product and Comparison to the Asserted Copyright) 2:Exhibit 1 United States Copyright Registration 3:Amended Schedule A The Partnership and Unincorporated Association 4:Exhibit List 5:Declaration of John Billings |
| 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 翻译
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| 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. 翻译
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| 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 翻译
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| 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 翻译
附件： 1:(Exhibit 2 Accused Product and Comparison to the Asserted Copyright) 2:Exhibit 1 United States Copyright Registration 3:Amended Schedule A The Partnership and Unincorporated Association 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 翻译
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| 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 翻译
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| 01/30/2025 | MOTION by Plaintiff John Billings to seal document sealed document, [23] 翻译
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| 01/30/2025 | AMENDED complaint by John Billings against The Partnership and Unincorporated Association Identified on Schedule A 翻译
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:Exhibit List |
| 01/23/2025 | ORDER Signed by the Honorable Joan B. Gottschall on 1/23/2025.Mailed notice 翻译
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| 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 翻译
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| 01/22/2025 | MAILED copyright report to Registrar, Washington DC 翻译
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| 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 翻译
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| 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 翻译
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| 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 翻译
附件： 1:(Exhibit D Accused Products between Defendants Excerpts from Doc. 4 Exhibit 4) 2:Exhibit C Accused Products and Webpages (Doc. 4 Exhibit 4) 3:Exhibit B Accused Products Excerpts from Doc. 4 Exhibit 4 4:Exhibit A United States Copyright Registration |
| 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 翻译
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| 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 翻译
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| 01/06/2025 | STANDING ORDER IN "SCHEDULE A" CASES Signed by the Honorable Joan B. Gottschall on 1/6/2025.Mailed notice 翻译
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| 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 翻译
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| 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 翻译
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| 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 翻译
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| 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 翻译
附件： 1:(Exhibit 2 Accused Products) 2:Exhibit 1 United States Copyright Registration 3:Schedule A List of Partnerships and Unincorporated Associations 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 翻译
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| 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 翻译
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| 01/03/2025 | ATTORNEY Appearance for Plaintiff John Billings by David Randolph Bennett 翻译
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| 01/03/2025 | MOTION by Plaintiff John Billings to seal document sealed document, 4 翻译
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| 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. 翻译
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| 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). 翻译
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| 01/03/2025 | SEALED DOCUMENT by Plaintiff John Billings Schedule A and Exhibits to the Complaint 翻译
附件： 1:(Exhibit 4 Accused Products) 2:Exhibit 1 United States Copyright Registration 3:Schedule A List of Partnerships and Unincorporated Associations |
| 01/03/2025 | ATTORNEY Appearance for Plaintiff John Billings by Steven G Kalberg 翻译
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| 01/03/2025 | CIVIL Cover Sheet 翻译
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| 01/03/2025 | COMPLAINT for Copyright Infringement filed by John Billings; Filing fee $ 405, receipt number AILNDC-22907998. 翻译
附件： 1:Exhibit 1 United States Copyright Registration 2:Schedule A List of Partnerships and Unincorporated Associations 3:Exhibit List 4:Exhibit 2 Combating Trafficking in Counterfeit and Pirated Goods, Jan. 24, 2020 5:Exhibit 3 Intellectual Property Right Seizure Statistics, FY 2021 6:(Exhibit 4 Accused Products) |
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