Superhype Tapes, Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| XYZ Corporation and Superhype Tapes, Ltd. |
| The Partnerships and Unincorporated Associations Identified on Schedule A, MidwayMemorabilia, SouthBronxSocialClub and Weaverf |
| 1:2021cv05641 |
| October 22, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Trademark |
| 15 U.S.C. § 1114 |
| None |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/20/2021: (rao, ) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for preliminary injunction #26 is granted as to all defendants except for biztav7 and Weaverf. As explained in the court's earlier minute entries #36 , #37 , biztav7 and Weaverf have entered objections against the motion and the motion is therefore continued as to them. As to all defendants aside from biztav7 and Weaverf, a preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Given that defendants biztav7 and Weaver have objected to the preliminary injunction, defendants biztav7 and Weaverf are omitted from the version of Schedule A attached to the Preliminary Injunction order. Enter Preliminary Injunction. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. (rao, ) |
| Filing 37 MINUTE entry before the Honorable Martha M. Pacold: On 12/16/2021, counsel for Defendant Weaverf filed an appearance #33 and an unopposed motion for extension of time to file answer #34 , seeking a 30-day extension to 12/15/2021 to answer or otherwise respond to the complaint. The motion is granted. Defendant Weaverf has until 12/15/2021 to answer or otherwise respond to the complaint. Although Weaverf's counsel's appearance and motion for extension of time to answer occurred on 12/16/2021 (several days after the 12/13/2021 deadline set in #29 for defendants to appear and object to Plaintiff's motion for a preliminary injunction), the court construes the appearance and motion as an objection to Plaintiff's motion for preliminary injunction #26 and will consider the preliminary injunction opposed as to defendant Weaverf. The parties are directed to confer and file a joint status report on a joint proposed case schedule with respect to this defendant by 12/29/2021. (rao, ) |
| Filing 36 MINUTE entry before the Honorable Martha M. Pacold: On 12/16/2021, Defendant biztav7 emailed the court regarding the temporary restraining order. The court posted the email on the docket separately #35 . As an entity, biztav7 cannot represent itself, nor can a nonlawyer represent biztav7, so biztav7 would need to obtain an attorney and that attorney would need to file an appearance on the docket. Defendant biztav7's representative is directed to confer with plaintiff's counsel. Although biztav7 cannot represent itself, and biztav7's email to the court occurred on 12/16/2021 (several days after the 12/13/2021 deadline set in #29 for defendants to appear and object to Plaintiff's motion for a preliminary injunction), the court construes biztav7's email and the attachments as an objection to Plaintiff's motion for preliminary injunction #26 and will consider the preliminary injunction opposed as to defendant biztav7. Plaintiff's counsel is directed to file a report (after consulting with defendant biztav7's representative) on a joint proposed case schedule with respect to this defendant by 12/29/2021. (rao, ) |
| Filing 35 Redacted email by biztav7 (rao, ) |
| Filing 34 MOTION by Defendant Weaverf for extension of time to file answer regarding amended complaint #11 (Wang, Timothy) |
| Filing 33 ATTORNEY Appearance for Defendant Weaverf by Timothy Tiewei Wang (Wang, Timothy) |
| Filing 32 EXHIBIT by Plaintiff Superhype Tapes, Ltd. Amended Schedule A (Carter, Alison) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #30 , which seeks to voluntarily dismiss defendants No. 76 MidwayMemorabilia and No. 89 SouthBronxSocialClub under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by dropping defendants No. 76 MidwayMemorabilia and No. 89 SouthBronxSocialClub from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 12/16/2021 identifying the remaining defendants. (rao, ) |
| Filing 30 NOTICE of Voluntary Dismissal by Superhype Tapes, Ltd. of Certain Defendants (Quezada, Sofia) |
| Filing 29 MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's motion for preliminary injunction #26 must enter an appearance and file a written objection by 12/13/2021. If no objections are fled, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Filing 28 SUMMONS Returned Executed by Superhype Tapes, Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/29/2021, answer due 12/20/2021. (Attachments: #1 Declaration of Service)(Quezada, Sofia) |
| Filing 27 MEMORANDUM by Superhype Tapes, Ltd. in support of motion for preliminary injunction #26 (Attachments: #1 Declaration in Support of Memorandum)(Quezada, Sofia) |
| Filing 26 MOTION by Plaintiff Superhype Tapes, Ltd. for preliminary injunction (Quezada, Sofia) |
| Filing 25 SURETY BOND in the amount of $10,000.00 posted by Superhype Tapes, Ltd. (Document not scanned). (bg, ) |
| Filing 24 SEALED EXTENSION OF THE TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/16/2021:(rao, ) |
| Filing 23 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order #22 until 12/2/2021 is granted. Plaintiff shall deposit with the Court $10,000, either cash or surety bond, as security by 11/23/2021. (rao, ) |
| Filing 22 MOTION by Plaintiff Superhype Tapes, Ltd. for extension of time of the Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Ann Marie Sullivan)(Carter, Alison) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's request to extend the bond's due date is granted. Plaintiff is given until November 12, 2021 to post the $10,000 bond, either cash or surety bond, as security. (rao, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A. (ng, ) |
| Filing 20 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/4/2021:(rao, ) |
| Filing 19 MINUTE entry before the Honorable Martha M. Pacold: Having complied with this court's order #18 , plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, electronic service of process, and expedited discovery #13 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant timely appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion for an ex parte TRO and expedited discovery #9 . Before the court rules on the motion, Plaintiff is directed to review this court's procedures for Schedule A cases on the court's website (https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==). Plaintiff is required to submit its proposed TRO order (along with a redline comparing plaintiff's proposed order to the court's template) to this court's proposed orders inbox following the procedures on the website. Plaintiff's motion for electronic service of process #16 is granted. (rao, ) |
| Filing 17 MEMORANDUM by Superhype Tapes, Ltd. in support of motion for miscellaneous relief #16 for Electronic Service of Process (Attachments: #1 Declaration in Support of Memorandum, #2 Exhibit 1-4)(Quezada, Sofia) |
| Filing 16 MOTION by Plaintiff Superhype Tapes, Ltd. for Electronic Service of Process (Quezada, Sofia) |
| Filing 15 SEALED EXHIBIT by Plaintiff Superhype Tapes, Ltd. regarding memorandum in support of motion #14 (Quezada, Sofia) |
| Filing 14 MEMORANDUM by Superhype Tapes, Ltd. in support of motion for temporary restraining order #13 (Attachments: #1 Declaration in Support of Memorandum, #2 Exhibit 1, #3 Exhibit 2)(Quezada, Sofia) |
| Filing 13 MOTION by Plaintiff Superhype Tapes, Ltd. for temporary restraining order (Quezada, Sofia) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal #6 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order (which Plaintiff indicates that it will file), there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Plaintiff can protect its interest in avoiding the destruction of evidence and transfer of assets by filing the temporary restraining order ex parte and through sealing the information regarding the identities of the defendants and the URLs through which they operate. 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, 37677 (7th Cir. 2016). Accordingly, Plaintiff must file an amended complaint disclosing its name and asserted copyrights, but the motion to seal is granted with respect to Plaintiff's other requested relief. (rao, ) |
| Filing 11 AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Carter, Alison) |
| Filing 10 MAILED to plaintiff(s) counsel Lanham Mediation Program materials (bg, ) |
| Filing 9 MAILED SEALED trademark report to Patent Trademark Office, Alexandria, VA (bg, ) |
| Filing 8 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Schedule A)(Carter, Alison) |
| Filing 7 MEMORANDUM by XYZ Corporation in support of motion for leave to file #6 Certain Documents under Seal and to Proceed Temporarily under a Pseudonym (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1-7)(Carter, Alison) |
| Filing 6 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Proceed Temporarily under a Pseudonym (Carter, Alison) |
| Filing 5 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| Filing 4 ATTORNEY Appearance for Plaintiff XYZ Corporation by Sofia Quezada (Quezada, Sofia) |
| Filing 3 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison Carter (Carter, Alison) |
| Filing 2 CIVIL Cover Sheet (Carter, Alison) |
| Filing 1 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number 0752-18803550. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Schedule A)(Carter, Alison) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (dxb, ) |
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