Societe Des Auteurs, Compositeurs Et Editeurs De Musique et al v. Doe
| Societe Pour L'Administration Du Droit De Reproduction Mecanique Des Auteurs, Compositeurs et Editeurs and Societe Des Auteurs, Compositeurs Et Editeurs De Musique |
| John Doe |
| 1:2020cv02183 |
| April 7, 2020 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Copyright |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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| Filing 19 MINUTE entry before the Honorable John F. Kness: The Court's minute entry dated June 3, 2020 #17 was entered in error and is hereby vacated. The Court enters the following minute entry: On May 28, 2020, Plaintiffs filed a status report #16 , which the Court has reviewed. Based on Plaintiffs' representations, it appears the parties are nearing a settlement. Accordingly, the Court stays this action pending finalization of a settlement agreement. A telephonic status hearing is set for August 20, 2020 at 9:30 a.m.; that hearing will, of course, be stricken if the case is settled and a stipulation of dismissal is filed before the hearing. Mailed notice (ef, ) Docket Text Modified by Judicial Staff on 6/4/2020 (ef, ). |
| Filing 18 MINUTE entry before the Honorable John F. Kness: For the telephonic initial status hearing on August 20, 2020, counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
Filing 17
ORDER signed by the Honorable John F. Kness on 6/3/2020: Telephonic initial status hearing set for August 20, 2020 at 9:30 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than three business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. Mailed notice(ef, )
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| Filing 16 STATUS Report by Societe Des Auteurs, Compositeurs Et Editeurs De Musique, Societe Pour L'Administration Du Droit De Reproduction Mecanique Des Auteurs, Compositeurs et Editeurs (Galassini, Valerie) |
| SUMMONS Issued as to Ilya Zlatkin, attorney authorized to accept service on behalf of John Doe, doing business as Plixid.com (tg, ) |
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Filing 15
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, )
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| Filing 14 ATTORNEY Appearance for Defendant John Doe by Ilya Zlatkin (Zlatkin, Ilya) |
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Filing 13
ORDER signed by the Honorable John F. Kness on 5/13/2020: Before the Court is Plaintiffs' Motion for a Preliminary Injunction #9 . Upon review of the docket, the Court notes that Defendant "John Doe" has not yet appeared, either personally or through counsel. Nor have Plaintiffs filed, under FRCP 4(l), any proof that Defendant has been served with process. In the preliminary injunction motion, Plaintiffs maintain that they "[we]re providing Defendant notice" by sending copies of the motion and its supporting documents to Defendant at the email address referenced in the complaint. Although the Court credits this representation by Plaintiffs' counsel, the mere assertion that Plaintiffs have sent the relevant documents via an email to Defendant's purported email address most likely does not satisfy the "notice" requirement of Rule 65(a)(1). Cf. Wheeler v. Talbot, 770 F.3d 550, 552 n.1 (7th Cir. 2014) (where defendants were not served until after denial of preliminary injunction motion, and where district court "was responsible for authorizing service," plaintiff's "proof of service" filed with PI motion was inoperative). Nor does this representation establish that Plaintiffs have properly effected service of process in general; no other information concerning service of process appears on the docket as well. Finally, Plaintiffs have not petitioned the Court to effect service by the "other means" contemplated under FRCP 4(f)(3), as is often done in similar cases in this District. See, e.g., 20-cv-2302 (Dkt. 22, 24). 2 Based on the foregoing, the Court declines at this point to address the merits of Plaintiffs' preliminary injunction motion. Before the Court can consider the PI motion, Plaintiffs must establish that they have provided effective notice of the PI motion to Defendant. In this regard, proof of service of process may help Plaintiffs show that they have provided notice of the PI motion, but service of process alone may not be sufficient to meet the notice requirement under FRCP 65(a)(1). Either way, Plaintiffs are directed to provide a brief status report to the Court on or before May 29, 2020 concerning their efforts both to effect service of process under FRCP 4 and to provide adequate notice to Defendant of the pendency of the PI motion. Mailed notice(ef, )
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Filing 12
ORDER : STANDING ORDER REGARDING CIVIL CASES. Signed by the Honorable John F. Kness on 4/30/2020: Mailed notice. (docket4, )
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Filing 11
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
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| Filing 10 MEMORANDUM of law in support of Planitffs' Motion for Summary Judgment by Plaintiffs Societe Des Auteurs, Compositeurs Et Editeurs De Musique, Societe Pour L'Administration Du Droit De Reproduction Mecanique Des Auteurs, Compositeurs et Editeurs for preliminary injunction (Attachments: #1 Declaration, #2 Declaration)(Galassini, Valerie) (Linked document missing case number - Docket Text Modified by Clerk's Office) Modified on 4/23/2020 (pk, ). |
| Filing 9 MOTION by Plaintiffs Societe Des Auteurs, Compositeurs Et Editeurs De Musique, Societe Pour L'Administration Du Droit De Reproduction Mecanique Des Auteurs, Compositeurs et Editeurs for preliminary injunction (Galassini, Valerie) |
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Filing 8
ORDER Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020. Mailed notice(ef, )
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| Filing 7 ATTORNEY Appearance for Plaintiffs Societe Des Auteurs, Compositeurs Et Editeurs De Musique, Societe Pour L'Administration Du Droit De Reproduction Mecanique Des Auteurs, Compositeurs et Editeurs by Philip Andrieus Jones (Jones, Philip) |
| Filing 6 MAILED Copyright report to Registrar, Washington DC (Attachments: #1 Attachment)(pk, ) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pk, ) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Societe Des Auteurs, Compositeurs Et Editeurs De Musique, Societe Pour L'Administration Du Droit De Reproduction Mecanique Des Auteurs, Compositeurs et Editeurs by Valerie Morgan Galassini (Galassini, Valerie) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Societe Des Auteurs, Compositeurs Et Editeurs De Musique, Societe Pour L'Administration Du Droit De Reproduction Mecanique Des Auteurs, Compositeurs et Editeurs by Valerie Morgan Galassini (Galassini, Valerie) |
| Filing 2 CIVIL Cover Sheet (Galassini, Valerie) |
| Filing 1 COMPLAINT filed by Societe Des Auteurs, Compositeurs Et Editeurs De Musique; JURY DEMAND. Filing fee $ 400, receipt number 0752-16918093.(Galassini, Valerie) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (acm, ) |
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