2024-cv-04067 AI分析
09/16/2024
MAILED copyright report with certified copy of minute order dated 8/2/2024 to Registrar, Washington DC. (jn,)
09/16/2024
MAILED copyright report to Registrar, Washington DC. (jn,)
08/02/2024
MINUTE entry before the Honorable LaShonda A. Hunt: On 7/19/24, this Court entered a minute order 24 curing the misjoinder in this case and granting Plaintiff until 7/26/24 to file a renewed TRO motion against Defendant 1. Plaintiff was warned in that minute order that if Plaintiff did not request further relief as to Defendant 1, all previously sealed documents will be unsealed, and this case may be dismissed. To date, Plaintiff has not expressed any intent to pursue proceedings against remaining Defendant 1. Therefore, this case is dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. The Clerk is instructed to unseal any previously sealed documents. Emailed notice.
07/19/2024
MINUTE entry before the Honorable LaShonda A. Hunt: The Court previously entered an order 21 finding that Plaintiff had failed to meet its burden of establishing that permissive joinder of 105 defendants in this case was proper under Fed. R. Civ. P. 20(a)(2). The Court pointed out that it was not persuaded by Plaintiff's contention that joinder was proper because the alleged acts of infringement occurred on the same online platform, were accomplished through a common supply chain source, and infringed on the same or similar registered copyrights. Plaintiff was granted leave to file an amended complaint and amended Schedule A consistent with that ruling. In response, Plaintiff filed an amended Schedule A [22-2] listing 35 defendants and attached a supplement to its pending TRO motion including only the defendants' names, an image of the copyrighted photo, an image of the infringing product, and a link to the infringing product. Plaintiff also filed an amended complaint 22 which is identical in substance to its original complaint. Plaintiff's amended complaint alleges only that "[u]nique identifiers common to Defendants' internet stores, such as design elements and similarities in Defendant[s'] unlawful use of the Asserted Brand Copyrights, establish a logical relationship between [Defendants] and suggest that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences" and Defendants "bear similarities and indicia of interrelatedness, suggesting they are manufactured by and come from a common source. include[ing a] lack of contact information, same or similar products for sale, identically or similarly priced items and sales discounts, shared hosting service, similar name servers, and their common infringement of Plaintiff's Asserted Brand Copyrights." Plaintiff presumably contends that such similarities support its contention that Defendants' actions arise out of the same transaction, occurrence, or series of transactions or occurrences, but the Court remains unconvinced. See Viking Arm AS v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024) (finding that plaintiff had merely identified a "small subset of the 181 defendants who are copycats of Plaintiff's style and each other, but that does not make them all partners in collusion) (emphasis in original); Bailie, et al. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 24 C 2150, 2024 WL 2209698, at *5 (N.D. Ill. May 15, 2024) (finding use of same images and similar product titles and descriptions insufficient to support joinder); Ilustrata Servicos Design, Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 21 C 5993, 2021 WL 5396690, at * 2 (Nov. 18, 2021) (holding that plaintiff's speculation that defendants were interrelated because they shared notable features "including use of the user name registration patterns, unique shopping cart platforms, accepted payment methods, check-out methods, meta data, illegitimate SEO tactics, HTML user-defined variables, lack of contact information, identically or similarly priced items and volume sales discounts, similar hosting services, similar name servers, and the use of the same text and images" did not support joinder); Bose Corp. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 511, 514 (N.D. Ill. Fed. 19, 2020) (holding that even if defendants were selling the same products and defendants' webpages were identical "that would not overcome the likelihood that Defendants are just copycats" and that an allegation that defendants communicate through chat rooms and website based on "information and belief," without connecting any defendants to such chat rooms or websites, is insufficient to support joinder). Because Plaintiff has failed to cure the misjoinder here, the Court exercises its discretion to do so. Therefore, the Court dismisses Defendants 2 through 35 without prejudice for improper joinder. This action will proceed as to Defendant 1 only. 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 9, 14 as to all defendants is terminated as moot. By 7/26/24, Plaintiff may file a renewed TRO motion as to Defendant 1, whose identity shall remain under seal until that date. If Plaintiff does not request further relief as to Defendant 1, all previously sealed documents will be unsealed, and this case may be dismissed without prejudice. Mailed notice
07/15/2024
FIRST AMENDED complaint by HONGKONG LEYUZHEN TECHNOLOGY CO., LTD. against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto
附件：
1:Exhibit 2 Amended to the Complaint
2:Exhibit 1 Amended to the Complaint
07/01/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff Hong Kong Leyuzhen Technology Co., Ltd. filed this trademark infringement action 1 against 105 defendants, alleging infringement of its copyrights for Rotita branded products, including women's clothing. After the Court questioned whether joinder of all these seemingly unrelated defendants was proper 19, Plaintiff filed a memorandum 20 asserting that, among other reasons, joinder is proper because the alleged acts of infringement (1) occurred on the same online platform, (2) were accomplished through a common supply chain source, and (3) infringed on the same or similar registered copyrights. The Court is not persuaded. Indeed, those "coincidentally identical facts" are insufficient to demonstrate that all defendants are a network of infringers. See Tang v. P'ships & Unincorporated Ass'ns Identified on Schedule A, No. 23 C 4587, 2024 WL 68332, at *2 (N.D. Ill. Jan. 4, 2024) (citing In re EMC Corp., 677 F.3d 1351, 1359 (Fed. Cir. 2012)). If the Court adopted Plaintiff's logic, the number of potential defendants who could be joined in each lawsuit would be endless. The absence of a limiting principle would frustrate the purpose of Fed. R. Civ. P. 20(a)(2), which is to ensure that only claims arising from the same transaction or occurrence are litigated in a single action. See Bailie v. P'ships and Unincorporated Ass'ns Identified on Schedule A, No. 24 C 2150, 2024 WL 2209698, at *4 (N.D. Ill. May 15, 2024). Courts do possess "'considerable discretion' and 'flexibility' in determining whether the plaintiff has plausibly alleged such a relationship." Bose Corp. v. P'Ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 511, 513 (N.D. Ill. 2020). Nevertheless, an important consideration in these cases involving hundreds of online marketplaces and sellers whose only sufficiently alleged connection is that they are all accused of selling counterfeit products that infringe upon Plaintiff's intellectual property rights is "whether the permissive joinder of a party will comport with the principles of fundamental fairness." Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing Chavez v. Ill. State Police, 251 F.3d 612, 632 (7th Cir. 2001)). Here, Plaintiff has not come close to satisfying that requirement. Both the complaint allegations and the joinder arguments rely upon conclusory allegations of inter-relatedness which the Court need not accept as true. See Bailie, 2024 WL 2209698, at *3. In sum, joinder of all defendants is not proper. Plaintiff is ordered to file an amended complaint and amended Schedule A consistent with this ruling by 7/15/24. Plaintiff's TRO Motion 13 will remain under advisement. If Plaintiff chooses to proceed with this case, it must file a supplement to the pending TRO motion that specifically identifies the relevant pages where evidence pertaining to each amended Schedule A defendant can be found in the prior voluminous submissions, by 7/15/24, or reattach those pages for ease of court review. Otherwise, the Court will exercise its discretion to sever and/or dismiss parties without prejudice to cure the misjoinder here. See UWM Student Ass'n v. Lovell, 888 F.3d 854, 864 (7th Cir. 2018). Emailed notice.
06/28/2024
MEMORANDUM order on motion for leave to file excess pages, order on motion for temporary restraining order, terminate deadlines and hearings, 19 by HONGKONG LEYUZHEN TECHNOLOGY CO., LTD. Supplemental Brief to Comply with Docket 19 翻译
附件：
1:(Declaration of Shawn A. Mangano ISO Supplemental Brief)
06/21/2024
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff names 105 defendants in this single case [7-2] and seeks ex parte TRO relief against each of them. However, after reviewing the complaint 7, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 6/28/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Plaintiff's motion for leave to file excess pages 8 16 is granted. The motion for a TRO 9 14 will remain under advisement until the joinder issue is resolved. No appearance is necessary on 6/25/24. Mailed notice. 翻译
06/18/2024
MOTION by Plaintiff HONGKONG LEYUZHEN TECHNOLOGY CO., LTD. for leave to file excess pages for the Memorandum in Support of Motion for Temporary Restraining Order 翻译
06/18/2024
MOTION by Plaintiff HONGKONG LEYUZHEN TECHNOLOGY CO., LTD. for temporary restraining order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION 翻译
06/12/2024
MINUTE entry before the Honorable LaShonda A. Hunt: On May 17, 2024, Plaintiff filed a complaint 1, civil cover sheet 2, and attorney appearance 3 anonymously. Plaintiff identifies itself in its motion for leave to file under seal 4, which itself is filed under seal. Plaintiff's motion for leave to file under seal and temporarily proceed under a pseudonym 4 is granted in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. However, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity. Plaintiff has filed an ex parte TRO motion and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our 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." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Thus, Plaintiff is ordered, by 6/17/24, to file unredacted versions of the following filings: 2, 3, 6, [6-1], [7-3], [7-4], [7-6], 8, 9, and [9-1]. The Clerk's Office is directed, forthwith, to (1) update the docket to reflect that the Plaintiff's name is "HONGKONG LEYUZHEN TECHNOLOGY CO., LTD.;" and (2) unseal the following filings: 4, [4-1], [4-2], 7, [7-1], [7-3], [7-4], [7-6]. The documents filed at [7-2] and [7-5] shall remain under seal pending further order of the Court. Plaintiff's motion filed at 5 is duplicative and thus terminated as moot. Mailed notice. 翻译
05/17/2024
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. 翻译
05/17/2024
CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). 翻译
05/17/2024
MOTION by Plaintiff XYZ Corporation for temporary restraining order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION [REDACTED] 翻译
附件：
1:(Exhibit 7 to the Declaration of S. Mangano)
2:Exhibit 6 to the Declaration of S. Mangano
3:Exhibit 5 to the Declaration of S. Mangano
4:Exhibit 4 to the Declaration of S. Mangano
5:Exhibit 3 to the Declaration of S. Mangano
6:Exhibit 2 to the Declaration of S. Mangano
7:Declaration of S. Mangano in Support of Motion for TRO
8:Exhibit 1 to the Declaration of S. Mangano
05/17/2024
MOTION by Plaintiff XYZ Corporation for leave to file excess pages for the Memorandum in Support of Motion for Temporary Restraining Order 翻译
05/17/2024
SEALED EXHIBIT by Plaintiff XYZ Corporation Complaint for Copyright Infringement 翻译
附件：
1:(Notification of Affiliates)
2:Exhibit 7 to the Declaration of S. Mangano in Support of Motion for TRO
3:Declaration of S. Mangano in Support of Motion for TRO
4:Exhibit 2 to the Complaint
5:Motion for TRO
6:Exhibit 1 to the Complaint
05/17/2024
STATEMENT by Plaintiff XYZ Corporationin Support of SEALED MOTION by Plaintiff XYZ Corporation for Leave to File Under Seal 4 翻译
附件：
1:(Exhibit A to the Declaration of S. Mangano)
2:Declaration Declaration of S. Mangano in Support of Statement
05/17/2024
MOTION by Plaintiff XYZ Corporation to seal 翻译
附件：
1:Declaration Declaration of S. Mangano in Support of Motion for Leave to File Under Seal
2:(Exhibit A to the Declaration of S. Mangano)
05/17/2024
SEALED MOTION by Plaintiff XYZ Corporation for Leave to File Under Seal 翻译
附件：
1:(Exhibit A to the Declaration of S. Mangano)
2:Declaration of S. Mangano in Support of Motion for Leave to File Under Seal
05/17/2024
COMPLAINT filed by XYZ Corporation; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-21978096. 翻译
附件：
1:(Exhibit 2 to the Complaint)
2:Exhibit 1 to the Complaint
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