2025-cv-05920 AI分析
07/23/2025
Second Amended Complaint AMENDED complaint by Moomin Characters OY Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译
附件：
1:(Amended Schedule A)
2:Exhibit 1
07/10/2025
MINUTE entry before the Honorable Franklin U. Valderrama: On 6/2/2025, the Court dismissed Plaintiff's complaint, which named 178 defendants, for misjoinder 27. Plaintiff then filed an amended complaint naming 4 defendants, along with a memorandum of law explaining why joinder is proper 28 34. In support of joinder, Plaintiff cites to identical images of the allegedly infringing product and emphasizes that Defendants "are selling the exact same counterfeit product at the exact same time." R. 34 at 8. However, this argument was considered and rejected in the Court's original Order dismissing Plaintiff's complaint. See R. 27 at 3 ("While Plaintiff points out that some Defendants' product descriptions use the same or similar wording and/or the same pictures, that does not establish that Defendants are the same or are working together.") (citing Bailie v. Partnerships and Unincorporated Associations, 2024 WL 2209698 at *5 (N.D. Ill. May 15, 2024) ("[E]ven if defendants' webpages were all identical, joinder is improper because use of identical web pages would not overcome the likelihood that Defendants are just copycats, both of the [plaintiff's] style and of each other.") (cleaned up)). And although Plaintiff argues that it will be more economical for the Court to allow joinder here, the Court cannot circumvent the requirements of Federal Rule of Civil Procedure 20 for its own convenience. Accordingly, the Court dismisses Plaintiff's amended complaint without prejudice for misjoinder. Plaintiff has fourteen days from the date of this Order to file a second amended complaint naming one defendant. If Plaintiff's second amended complaint names more than one defendant, Plaintiff must submit a memorandum along with sufficient documentary evidence in support of joinder under Rule 20. The Court denies Plaintiff's motion for a temporary restraining order as moot 31. The Court also notes that it issued its 6/17/2025 minute entry in error 37. Mailed notice. 翻译
06/17/2025
MINUTE entry before the Honorable Franklin U. Valderrama: On review of the complaint and the memorandum in support of Plaintiff's motion for a temporary restraining order, the Court raises the propriety of joinder of the 178 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024).). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "counterfeit products for sale in the Defendants' Internet Stores bear similarities and indicia of being related to one another, suggesting that the counterfeit products were manufactured by a common source and that Defendants are interrelated." R. 28, para. 20. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Federal Rule of Civil Procedure 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Accordingly, the Court directs Plaintiff to file, on or before 7/7/25, a supplemental memorandum addressing the propriety of joinder, including, pursuant to Fed. R. Civ. P. 11(c)((3), showing cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice. 翻译
06/17/2025
MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion for leave to file excess pages 30. Mailed notice. 翻译
06/12/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit AA regarding memorandum 34 翻译
06/12/2025
SEALED DOCUMENT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 to Paragoso Declaration 翻译
06/12/2025
MEMORANDUM by Moomin Characters OY Ltd. in support of motion for temporary restraining order, 31 翻译
附件：
1:(Exhibit Hierl Exhibit 3)
2:Declaration Paragoso Declaration
3:Exhibit 1
4:Declaration Hierl Declaration
5:Exhibit Hierl Exhibit 1
6:Exhibit Hierl Exhibit 2
06/12/2025
MOTION by Plaintiff Moomin Characters OY Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 翻译
06/12/2025
MOTION by Plaintiff Moomin Characters OY Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation 翻译
06/12/2025
AMENDED complaint by Moomin Characters OY Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto 翻译
附件：
1:(Exhibit 1)
06/02/2025
ORDER: For the reasons set forth in the accompanying Order, the Court finds that Defendants in this case are not properly joined. Therefore, the complaint is dismissed without prejudice. By 6/12/2025, Plaintiff is directed to amend its complaint to eliminate all improperly joined defendants. If the amended complaint names more than one defendant, Plaintiff must simultaneously file a memorandum explaining why joinder of those defendants is proper. The following motions are denied as moot: (1) Plaintiff's motion for leave to file under seal, 8 ; (2) Plaintiff's motion to exceed page limitation, 12 ; (3) Plaintiff's motion for temporary restraining order, 13. Signed by the Honorable Franklin U. Valderrama on 6/2/2025. Mailed notice. 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 10 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 9 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED DOCUMENT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 8 of Paragoso Declaration 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 7 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 6 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 5 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 4 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 3 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 2 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
SEALED EXHIBIT by Plaintiff Moomin Characters OY Ltd. Exhibit 2 Part 1 of Paragoso Declaration regarding memorandum in support of motion, 14 翻译
05/29/2025
MEMORANDUM by Moomin Characters OY Ltd. in support of motion for temporary restraining order, 13 翻译
附件：
1:(Exhibit Hierl Exhibit 3)
2:Exhibit Hierl Exhibit 2
3:Exhibit Hierl Exhibit 1
4:Declaration Paragoso Declaration
5:Exhibit 1
6:Declaration Hierl Declaration
05/29/2025
MOTION by Plaintiff Moomin Characters OY Ltd. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication 翻译
05/29/2025
MOTION by Plaintiff Moomin Characters OY Ltd. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation 翻译
05/28/2025
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
05/28/2025
CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 2). 翻译
05/28/2025
MOTION by Plaintiff Moomin Characters OY Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal 翻译
05/28/2025
ATTORNEY Appearance for Plaintiff Moomin Characters OY Ltd. by Elizabeth Aubree Miller 翻译
05/28/2025
ATTORNEY Appearance for Plaintiff Moomin Characters OY Ltd. by William Benjamin Kalbac 翻译
05/28/2025
COMPLAINT filed by Moomin Characters OY Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23541375. 翻译
附件：
1:(Exhibit 1)
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