2023-cv-05022 AI分析
10/19/2023
MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), this case is dismissed without prejudice. Plaintiff's motion for entry of a temporary restraining order 8 and motion for leave to file excess pages 11 are stricken as moot. Civil case terminated. Mailed notice. 翻译
10/06/2023
MINUTE entry before the Honorable Sharon Johnson Coleman: The Court has reviewed plaintiff's memorandum in support of joinder of 75 defendants 16. In this memorandum, plaintiff argues that defendants are appropriately joined in this case because, among other reasons, they operate out of similar geographic locations, have similar methods of operation, use similar channels to secure the counterfeit goods, and may share ownership. He also contends, without detail, that many defendants communicate amongst each other to stop selling to him once they figure out he is investigating them. Furthermore, he argues that he has found the source of the counterfeit goods where many defendants have purchased their products for resale. He claims he cannot reach the wholesalers, who only sell to the Chinese market. Nevertheless, he does not allege that all of his joined defendants purchase from this source, nor does he explain how buying from a common source means that all defendants are acting in concert. It is similarly plausible that defendants independently purchased from this source and resold the products. Thus, the Court does not find that this argument is sufficient to show that all 75 defendants were involved in the same "transaction, occurrence, or series of transactions or occurrences." Fed. R. Civ. P. 20(a)(2). As for the nature of the products themselves, some of the defendants appear to sell remarkably similar products. Yet, this does not extend to all 75 defendants. The Court sees sufficient differences, such as the types of products sold (varying from tapestries to sweatshirts to trays), the images featured on the products, and the wide range of prices, which cut against plaintiff's assertion that all 75 joined defendants are working together or sharing information. Este Lauder Cosms. Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (Chang, J.). The Court has noticed the overwhelming influx of Schedule A cases within the district. While it recognizes the efficiency that consolidation of defendants may permit, the Court finds that joining distinct defendants in one case does not satisfy the requirements of the Federal Rules, for in these sorts of copyright cases, "one defendant's alleged infringement does not 'arise out of the same transaction, occurrence, or series of transactions or occurrences' as another defendant's unrelated infringement." Id. at 187 (quoting Fed. R. Civ. P. 20(a)(2)(A)). Thus, the Court finds that joinder is impermissible here. Plaintiff may file an amended complaint by October 20, 2023 reducing the number of defendants in accordance with the principles outlined above. The Court reserves ruling on the temporary restraining order 8 until the Rule 20 deficiency is cured. The Court grants plaintiff's various motions to file under seal 5, 12, and 17. Mailed notice. 翻译
08/14/2023
SEALED DOCUMENT by Plaintiff Christian Velazquez Supplemental Memo in Support of Joinder 翻译
附件：
1:Declaration Declaration of David Gulbransen
2:Exhibit Exhibit 1 to Declaration of David Gulbransen
3:Exhibit Exhibit 2 to Declaration of David Gulbransen
4:(Exhibit Exhibit 3 to Declaration of David Gulbransen)
08/07/2023
MINUTE entry before the Honorable Sharon Johnson Coleman: Upon review of the Complaint and the motion for Temporary Restraining Order, the Court questions whether joinder of 75 defendants is appropriate in this case. See, e.g. Estee Lauder Cometics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020) (Chang, J.). Plaintiff shall file a supplemental memorandum addressing the propriety of joinder by 8/29/23 in light of the application of Federal Rule of Civil Procedure 20(a)(2) as outlined in Estee Lauder. Plaintiff may alternatively attempt to cure the joinder deficiency by filing an amended complaint containing fewer defendants along with its memorandum. Presentment of the TRO motion on 8/8/2023 is stricken. Mailed notice. 翻译
08/07/2023
NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion to seal document 5, motion for temporary restraining order 8, motion for leave to file excess pages 11, motion to seal document 12 before Honorable Sharon Johnson Coleman on 8/8/2023 at 10:00 AM. 翻译
08/07/2023
SEALED DOCUMENT by Plaintiff Christian Velazquez Exhibit 2 to Declaration of Chistian Velazquez 翻译
附件：
1:Exhibit Exhibit 2 (Part 1 of 4)
2:Exhibit Exhibit 2 (Part 2 of 4)
3:Exhibit Exhibit 2 (Part 3 of 4)
4:(Exhibit Exhibit 2 (Part 4 of 4))
08/07/2023
MEMORANDUM by Christian Velazquez in support of motion for temporary restraining order 8 翻译
附件：
1:Declaration Declaration of David Gulbransen
2:Declaration Declaration of Christian Velazquez
3:(Exhibit Exhibit 1 to Declaration of Christian Velazquez)
08/02/2023
MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice. 翻译
08/01/2023
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
08/01/2023
CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. 翻译
08/01/2023
COMPLAINT filed by Christian Velazquez; Filing fee $ 402, receipt number AILNDC-20884122. 翻译
附件：
1:(Exhibit Exhibit 1)
案件最新进展，来源于美国联邦法院，下载文件请联系 18523047090 微信同号
被告名单文件：部分原告会选择隐匿发案，或者对提交的文件进行密封处理，因此包括被告信息在内的相关文件不会在前期公开（一般PI阶段左右才会公开）。
诉状：诉状通常包括原被告的基本信息、侵权行为、侵权类型，以及诉讼请求，如确认侵权、下架侵权产品、请求赔偿等，这个文件起诉就可以下载
案件每天自动更新，未及时更新的可点击 案件名称旁边 更新 按钮
