Millennium IP, Inc. et al v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| MILLENNIUM MEDIA, INC. and MILLENNIUM IP, INC. |
| The Partnerships and Unincorporated Associations Identified on Schedule "A", Designer5777, nbabuyer, RUHUI, Faone19, Peacee, Designer5556, designer5555 and Designer7888 |
| 1:2021cv00434 |
| January 26, 2021 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Copyright |
| 17 U.S.C. § 101 |
| None |
Docket Report
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| Filing 31 MINUTE entry before the Honorable Joan B. Gottschall: Pursuant to plaintiffs' notice (No. #30 ) of voluntary dismissal, this action is dismissed without prejudice. The preliminary injunction (No. #28 ) entered 2/16/2021 is vacated. Civil case terminated. Mailed notice (mjc, ) |
| Filing 30 NOTICE of Voluntary Dismissal by Millennium IP, Inc., Millennium Media, Inc. (Vogt, Keith) |
| NEW PARTIES: designer5555, Designer5556, Designer5777, Designer7888, Faone19, nbabuyer, Peacee and RUHUI added to case caption. (Bu, Yi) |
| Filing 29 SUMMONS Returned Executed by Millennium IP, Inc., Millennium Media, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 2/16/2021, answer due 3/9/2021. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 28 PRELIMINARY Injunction Order Signed by the Honorable Joan B. Gottschall on 2/16/2021.Mailed notice(mjc, ) |
| Filing 27 MINUTE entry before the Honorable Joan B. Gottschall: No request for a hearing was received by the deadline of February 15, 2021. The hearing set for February 17, 2021, is therefore stricken, and plaintiffs' motion (No. #24 ) for preliminary injunction is granted. Plaintiffs' motion (No. #21 ) to serve the summons and amended complaint by electronic means is granted. Enter order. In accordance with the order, the clerk is directed to unseal Plaintiffs' Amended Schedule A to First Amended Complaint (No. #18 ), Exhibit 2 to the Declaration of Trevor Short (No. #13 ), and the temporary restraining order (No. #20 ). The next status report is due on or before 3/17/2021. The law firm of Keith A. Vogt is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice (mjc, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (kl, ) |
| Filing 26 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' proposed form of preliminary injunction submitted February 10, 2021, is rejected because paragraph five contains proofreading errors and references to a "TRO" rather than a preliminary injunction. Furthermore, the first sentence of paragraph five must be revised to make clear that two things are required for service: (1) posting documents on a website; and (2) sending an email to defendants. A revised proposed form of preliminary injunction is due on or before February 12, 2021. Plaintiffs' motions will be denied without prejudice if they fail to meet this deadline. Mailed notice (mjc, ) |
| Filing 25 MEMORANDUM by Millennium IP, Inc., Millennium Media, Inc. in support of motion for preliminary injunction #24 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1 to Declaration of KVogt)(Vogt, Keith) |
| Filing 24 MOTION by Plaintiffs Millennium IP, Inc., Millennium Media, Inc. for preliminary injunction (Vogt, Keith) |
| Filing 23 DECLARATION of Keith A. Vogt regarding memorandum in support of motion #22 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| Filing 22 MEMORANDUM by Millennium IP, Inc., Millennium Media, Inc. in support of motion for miscellaneous relief #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Vogt, Keith) |
| Filing 21 MOTION by Plaintiffs Millennium IP, Inc., Millennium Media, Inc. For Electronic Service Of Process Pursuant To Fed. R. Civ. P. 4(f)(3) (Vogt, Keith) |
| Filing 20 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Joan B. Gottschall on 2/3/2021.Mailed notice(mjc, ) |
| Filing 19 MINUTE entry before the Honorable Joan B. Gottschall: Enter sealed temporary restraining order. In accordance with the sealed temporary restraining order, a preliminary injunction hearing is set for 2/17/2021 at 10 a.m. The court will rule on the papers of any preliminary injunction motion unless a hearing is requested at least 48 hours prior to the scheduled hearing time by contacting the courtroom deputy at (312) 435-5641. Following is a list of technical changes made to the revised proposed order sent 2/2/2021. Proposed orders will not be routinely revised. Future proposed orders with similar issues will be rejected summarily. The paragraphs of the order were indented. Two instances of "plaintiff's" were changed to "plaintiffs'" (page one and paragraph six). In paragraph one, "receipt of such notice" was changed to "receipt of notice of this order." In paragraph six, "websites" was changed to "website," and "Defendants and a third party may request" was changed to "Defendants and third parties may request." Language setting a preliminary injunction hearing date was added to the end of the order.Mailed notice (mjc, ) |
| Filing 18 SEALED DOCUMENT by Plaintiffs Millennium IP, Inc., Millennium Media, Inc. Amended Schedule A to First Amended Complaint #17 (Vogt, Keith) |
| Filing 17 FIRST AMENDED complaint by Millennium IP, Inc., Millennium Media, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: The proposed order emailed to Proposed_Order_Gottschall@ilnd.uscourts.gov at 10:45 a.m. on January 29, 2021, is rejected because it does not comply with the court's ruling in the order (No. #15 ) entered January 28, 2021. As an initial matter, pursuant to Fed. R. Civ. P. 65(d)(1)(B) and (C), every injunction and restraining order must "state its terms specifically" and "describe in reasonable detailand not by referring to the complaint or other documentthe act or acts restrained or required." Therefore, though not mentioned in the court's order because no proposed order had been received when it was entered, the temporary restraining order must (1) identify the defendants rather than refer to schedule A to the complaint, and (2) identify the specific trademarks and copyrights rather than refer to the complaint. Further, the following flaws must be corrected. Paragraphs one and two must be deleted because they award relief unrelated to the justification for issuing the order ex parte. The expedited discovery ordered by paragraph three and the asset freeze in paragraph four must be changed to use the phrase required by Fed. R. Civ. P. 65(d)(2)(C), "active concert or participation." Paragraphs three and four are otherwise consistent with the court's rulings. Paragraphs five through 11 must be deleted because they bind unserved third parties and predetermine who is acting in active concert or participation with defendants. Additionally, paragraph 11 appears to be redundant of the relief granted in paragraph four. Paragraph 14 must be modified to advise nonparties served with the order that they are also entitled to appear in this court and move to dissolve the order. The order must also provide for the giving of notice to defendants of the preliminary injunction response date. This court authorizes plaintiffs to notify defendants of the temporary restraining order and any motion for preliminary injunction by the electronic means described in their memorandum in support of their motion for a temporary restraining order. Due to the ongoing COVID-19 pandemic and consistent with Ninth Amended General Order No. 20-0012, this court will hold a preliminary injunction hearing only if a defendant or third party specifically requests one at least 48 hours prior to the scheduled time and date of the hearing. Otherwise, the court will rule on the papers. The order must advise defendants of this fact, the hearing date, the date and time by which a hearing must be requested, and the process for requesting a hearing, namely contacting the courtroom deputy at (312) 435-5641. A revised proposed order is due on or before February 2, 2021. Counsel are directed to attend carefully to this court's rulings in this minute order; in the order entered January 28, 2021; and in the decisions cited in that order. Failure to submit a fully compliant order in signature-ready form may result in the denial of plaintiffs' request for a temporary restraining order. Mailed notice (mjc, ) |
Filing 15
ORDER Signed by the Honorable Joan B. Gottschall on 1/28/2021.Mailed notice(mjc, )
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| Filing 14 MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting plaintiffs' motion (No. #10 ) to exceed page limit, granting their motion (No. #9 ) to file under seal, and granting in part and denying in part their ex parte motion (No. 11 ) for a temporary restraining order. Consistent with the court's ruling, a proposed temporary restraining order in Word and PDF formats must be sent to Proposed_Order_Gottschall@ilnd.uscourts.gov by 11:00 a.m. on Friday, January 29, 2021.Mailed notice (mjc, ) |
| Filing 13 SEALED EXHIBIT by Plaintiffs Millennium IP, Inc., Millennium Media, Inc. Sealed Exhibit 2 to the Declaration of Trevor Short regarding memorandum in support of motion #12 (Attachments: #1 Exhibit 2, Part 1, #2 Exhibit 2, Part 2, #3 Exhibit 2, Part 3, #4 Exhibit 2, Part 4, #5 Exhibit 2, Part 5, #6 Exhibit 2, Part 6, #7 Exhibit 2, Part 7, #8 Exhibit 2, Part 8, #9 Exhibit 2, Part 9, #10 Exhibit 2, Part 10, #11 Exhibit 2, Part 11, #12 Exhibit 2, Part 12, #13 Exhibit 2, Part 13, #14 Exhibit 2, Part 14, #15 Exhibit 2, Part 15, #16 Exhibit 2, Part 16, #17 Exhibit 2, Part 17, #18 Exhibit 2, Part 18, #19 Exhibit 2, Part 19, #20 Exhibit 2, Part 20, #21 Exhibit 2, Part 21, #22 Exhibit 2, Part 22, #23 Exhibit 2, Part 23)(Vogt, Keith) |
| Filing 12 MEMORANDUM IN SUPPORT OF 11 EX PARTE MOTION (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-6 to Declaration of KVogt, #3 Declaration of Trevor Short, #4 Exhibit 1 to the Declaration of Trevor Short)(Vogt, Keith) |
| Filing 10 MOTION by Plaintiffs Millennium IP, Inc., Millennium Media, Inc. for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiffs Millennium IP, Inc., Millennium Media, Inc. for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 8 MAILED Copyright report to Registrar, Washington DC. (Attachments: #1 (List of Copyrights)) (ph, ) |
| Filing 7 ATTORNEY Appearance for Plaintiffs MILLENNIUM IP, INC., MILLENNIUM MEDIA, INC. by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiffs MILLENNIUM IP, INC., MILLENNIUM MEDIA, INC. by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiffs MILLENNIUM IP, INC., MILLENNIUM MEDIA, INC. by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiffs MILLENNIUM IP, INC., MILLENNIUM MEDIA, INC. by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiffs MILLENNIUM IP, INC., MILLENNIUM MEDIA, INC. Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by MILLENNIUM IP, INC., MILLENNIUM MEDIA, INC.; Filing fee $ 402, receipt number 0752-17863037. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (sxb, ) |
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