2023-cv-02137 AI分析
05/18/2023
DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 05/18/2023. Emailed notice 翻译
05/18/2023
MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment 25 is granted. The statutory damages award is $15,000 per Defendant, as explained in the order. Given the finding of willfulness, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/26/2023 is vacated. Civil case terminated. Emailed notice 翻译
05/10/2023
MEMORANDUM by Robert Farkas in support of motion for default judgment 25 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:(Declaration of Keith A. Vogt)
05/10/2023
MOTION by Plaintiff Robert Farkas for default judgment as to The Defendants Identified In [Amended] Schedule A 翻译
04/20/2023
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/20/2023. Emailed notice 翻译
04/20/2023
MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the Plaintiff's motion for preliminary injunction 20 is granted. Given the answer deadline of 05/09/2023, R. 22, the tracking status hearing of 04/28/2023 is reset to 05/26/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Any Defendant that does not respond by the answer deadline shall be deemed in default. The Plaintiff shall file any appropriate motion for default judgment by 05/18/2023 and a status report on 05/19/2023. Emailed notice 翻译
04/19/2023
SUMMONS Returned Executed by Robert Farkas as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/18/2023, answer due 5/9/2023. 翻译
附件：
1:(Declaration of Service)
04/18/2023
MEMORANDUM by Robert Farkas in support of motion for preliminary injunction 20 翻译
附件：
1:Declaration of Keith A. Vogt
2:(Exhibit 1, Declaration of Keith A. Vogt)
04/12/2023
(PUBLIC VERSION) - SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/12/2023. Emailed notice 翻译
04/12/2023
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/12/2023. Emailed notice 翻译
04/12/2023
MINUTE entry before the Honorable Edmond E. Chang: In this copyright-infringement case, the Plaintiff's motion 12 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Joinder of the three Amended Schedule A Defendants appears to be proper absent adversarial presentation, in light of the online stores' display of the same copyrighted image; the same relatively unique product; the same advertising image of the unique product; and some overlap of the advertising text. Also, although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 10 for leave to file under seal is granted in light of the asset-restraint goal. The Plaintiff's motion 11 for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/28/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/21/2023. Emailed notice 翻译
04/05/2023
SEALED EXHIBIT by Plaintiff Robert Farkas Sealed Exhibit 2, Declaration of Robert Farkas regarding memorandum in support of motion, 13 翻译
附件：
1:Exhibit 2-1
2:Exhibit 2-2
3:(Exhibit 2-3)
04/05/2023
MEMORANDUM in support of 12 Exparte motion 翻译
附件：
1:Declaration of Keith A. Vogt
2:Exhibit 1-4, of Keith A. Vogt's declaration
3:Declaration of Robert Farkas
4:(Exhibit 1, of Robert Farkas' declaration)
04/05/2023
SEALED DOCUMENT by Plaintiff Robert Farkas [Amended] Schedule A to Complaint (1) and Schedule A to Complaint (2) 翻译
04/05/2023
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
04/05/2023
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. 翻译
04/05/2023
COMPLAINT filed by Robert Farkas; Filing fee $ 402, receipt number AILNDC-20511327. 翻译
附件：
1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:(Exhibit 4)
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