Blue Spring Partners, LLC v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A to the Complaint
| Blue Spring Partners, LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A to the Complaint, C-Sports, Lotiang, Hulaha, PURFEL, Familycrazy, Garlagy, Fishtailfun Group, Aukidwld INC, Youniliyu, Superband, Punk and Rock, Lovely Mermaid (Juliseeme), Choadam, fangwenlt, Surejoymall, exoman, global cosplay, Moonlight clothing store, DC-Supernice, Newland Niulai, whopawho Store, Aixuanyu Costume Store, RQ Mermaidee Store, Mermaid-Dream Store, sonikey Costume Store, XZLMARV Store, XinCos1 Store, Bylulis Store, FashionCos Store, Robe Cape Costume Store, PrettyGirl Costume Store, Woodpencil Store, VACIGODEN CS Store, Will-vines, HuaAngel, fantext, (154) VASTSEE, (122) Caitzr, (123) DGMTY, (128) haoshengqiyue, (133) minggong, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (156) yuanhuisheng, (157) yuehongyang, (147) shenzhenshishilongwangluokejiyouxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (134) Moning, (120) BigOrder, (155) Venkuber, (152) Sweeky and (127) guangzhouzhongyingdianzishangwuyouxiangongsi |
| 1:2022cv06513 |
| November 21, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 50 MINUTE entry before the Honorable Martha M. Pacold: As to joinder: By 4:00 p.m. on 1/25/2023, plaintiff and each set of appearing defendants should file simultaneous briefs (limited to 5 pages, excluding caption and signature block) addressing whether joinder of all defendants in a single case remains appropriate. The complaint alleged that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." Complaint, #1 , paragraph 2. However, two separate sets of defendants (totaling 58 of 170 original defendants) have appeared and are litigating the case on separate schedules (in terms of responding to the preliminary injunction motion and answering the complaint), raising the possibility that this case could effectively become multiple cases litigated by separate defendants on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, the parties' briefs should address whether, under Fed. R. Civ. P. 20 and 21 (and any other relevant authority), one or more defendant(s) or set(s) of defendants should be severed into a separate case, in which plaintiff would pay the filing fee and then the case would proceed. (rao, ) |
| Filing 49 MINUTE entry before the Honorable Martha M. Pacold: As to the Aixuanyu Costume Store Defendants: Certain Defendants (the "Aixuanyu Costume Store Defendants") filed a response, #32 , to the motion for entry of a preliminary injunction, #21 . Plaintiff has until 1/30/2023 to file its reply. (rao, ) |
| Filing 48 MINUTE entry before the Honorable Martha M. Pacold: As to the BigOrder Defendants: The BigOrder Defendants' unopposed motion for an extension of time to respond to the complaint #40 is granted. These defendants have until 2/21/2023 to answer or otherwise respond to the complaint. (rao, ) |
| Filing 47 MINUTE entry before the Honorable Martha M. Pacold: As to the BigOrder Defendants: Certain defendants (the "BigOrder Defendants") filed a notice of compliance #44 . The notice addresses the court's order regarding compliance with Local Rule 83.15 #39 . (rao, ) |
| Filing 46 MINUTE entry before the Honorable Martha M. Pacold: As to nonobjecting defendants: By 1/25/2023, plaintiff should send to the proposed order box an updated proposed preliminary injunction order and accompanying Schedule A that clearly exempts both the objecting defendants and all defendants that have settled, both in the text of the proposed order and on the accompanying Schedule A. (rao, ) |
| Filing 45 MINUTE entry before the Honorable Martha M. Pacold: As to settling defendants: Plaintiff's motion for leave to amend the pleadings under Rule 15(a)(2) #41 is granted. Plaintiff has filed an amended Schedule A on the docket #42 . Defendants No. 49 Creamcake, No. 64 hengshuai, No. 68 Jasmey, No. 70 Kiminging, No. 73 LLH store, and No. 96 XFVSDXS terminated. (rao, ) |
| Filing 44 Notice of Compliance by (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang (Pittaway, Lydia) |
| Filing 43 ATTORNEY Appearance for Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang by Michael Thomas Stanley (Stanley, Michael) |
| Filing 42 AMENDED Second Amended Schedule A to the Complaint Instanter. (Hutchinson, David) |
| Filing 41 MOTION by Plaintiff Blue Spring Partners, LLC to amend/correct Schedule A to the Complaint Instanter. (Hutchinson, David) |
| Filing 40 MOTION by Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang for extension of time (unopposed) (Pittaway, Lydia) |
| Filing 39 MINUTE entry before the Honorable Martha M. Pacold: Counsel for Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang is directed to file by 1/16/2023 a statement confirming that counsel has complied with Local Rule 83.15, or if not, explaining why not. See 1:22-cv-04973 Zinkia Entertainment v. The Partnerships. Failure to comply with the rule may result in documents filed by counsel being stricken by the court. See L.R. 83.15(b). (rao, ) |
| Filing 38 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to extend the temporary restraining order against objecting defendants #37 is denied. Under Federal Rule of Civil Procedure 65(b)(2), a TRO "expires at the time after entry-not to exceed 14 days-that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension." See H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012) ("If a court fails either to extend the TRO or to issue a preliminary injunction in its place, the TRO expires at the close of the 28-day period. 'Where a court intends to supplant such an order with a preliminary injunction of unlimited duration pending a final decision on the merits or further order of the court, it should issue an order clearly saying so. And where it has not done so, a party against whom a temporary restraining order has issued may reasonably assume that the order has expired within the time limits imposed by Rule 65(b).' Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers Local No. 70 of Alameda County, 415 U.S. 423, 444-45 (1974) (defendant could not be held in contempt for violating TRO that was silent on its face as to its intended duration; without either extension of TRO or issuance of preliminary injunction, TRO could be presumed to have expired as of Rule 65(b) time limit)."). The court first entered a TRO in this case on 11/23/2022. #14 . The TRO was then extended by a period of 14 days until December 21, 2022. #18 . Plaintiff did not move to extend the TRO again until 1/4/2023, and Plaintiff's motion does not state that Defendants consent to a longer extension. Thus, the motion to extend the temporary restraining order #37 is denied. If Plaintiff would like to propose a more expedited briefing schedule on the motion for preliminary injunction as to the objecting defendants, Plaintiff may do so. (rao, ) |
| Filing 37 MOTION by Plaintiff Blue Spring Partners, LLC for extension of time Plaintiff's Second Motion to Extend Temporary Restraining Order Against Objecting Defendants (Attachments: #1 Supplement Memo in support of Plaintiff's Second Motion to Extend TRO, #2 Declaration Declaration of David E. Hutchinson in support of Plaintiff's Second Motion to Extend TRO)(Hutchinson, David) |
| Filing 36 ANSWER to Complaint by Aixuanyu Costume Store, Aukidwld INC, Bylulis Store, C-Sports, Choadam, DC-Supernice, Familycrazy, FashionCos Store, Fishtailfun Group, Garlagy, HuaAngel, Hulaha, Lotiang, Lovely Mermaid (Juliseeme), Mermaid-Dream Store, Moonlight clothing store, Newland Niulai, PURFEL, PrettyGirl Costume Store, Punk and Rock, RQ Mermaidee Store, Robe Cape Costume Store, Superband, Surejoymall, VACIGODEN CS Store, Will-vines, Woodpencil Store, XZLMARV Store, XinCos1 Store, Youniliyu, exoman, fangwenlt, fantext, global cosplay, sonikey Costume Store, whopawho Store(Urbanczyk, Adam) |
| Filing 35 NOTICE by Blue Spring Partners, LLC re add and terminate parties,,, #31 , amended document #34 Plaintiff's Notice of Filing First Amended Schedule A. (Hutchinson, David) |
| Filing 34 AMENDED add and terminate parties,,, #31 First Amended Schedule A to the Complaint. (Hutchinson, David) |
| Filing 33 MINUTE entry before the Honorable Martha M. Pacold: 1. Other than the objecting defendants discussed below, no defendant appeared and objected to the motion for preliminary injunction by the 12/30/2022 deadline that the court previously set. #22 . Plaintiff is directed to submit to the court's proposed order box promptly, and no later than 1/9/2023, a proposed preliminary injunction order that excepts the objecting defendants, along with a track changes comparison to the template order on the court's website. 2. Two sets of defendants filed on 12/30/2022 objections to the motion for preliminary injunction. #30 , #32 . The motion for preliminary injunction is considered opposed as to those defendants (the objecting defendants). 3. As to the first objection, #30 (styled as a motion in opposition to Plaintiff's motion for preliminary injunction and request for briefing schedule): The motion in opposition to Plaintiff's motion for preliminary injunction and request for briefing schedule #30 is granted in part. The motion is granted to the extent that Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, and (157) yuehongyang should file their response to Plaintiff's motion for preliminary injunction by 1/25/2023. To the extent that Defendants request a reduction in the asset restraint, the motion is denied as moot, as the TRO that imposed the asset restraint expired on 12/21/2022. See #17 , #18 . I.e., the TRO (which included the asset restraint) is no longer in place. The motion for preliminary injunction seeks an asset restraint (among other relief), but that motion is pending and a briefing schedule on the motion for preliminary injunction has been set. 4. As to the second objection, #32 : Defendants Aixuanyu Costume Store, Aukidwld INC, Bylulis Store, C-Sports, Choadam, DC-Supernice, Familycrazy, FashionCos Store, Fishtailfun Group, Garlagy, HuaAngel, Hulaha, Lotiang, Lovely Mermaid (Juliseeme), Mermaid-Dream Store, Moonlight clothing store, Newland Niulai, PURFEL, PrettyGirl Costume Store, Punk and Rock, RQ Mermaidee Store, Robe Cape Costume Store, Superband, Surejoymall, VACIGODEN CS Store, Will-vines, Woodpencil Store, XZLMARV Store, XinCos1 Store, Youniliyu, exoman, fangwenlt, fantext, global cosplay, sonikey Costume Store, and whopawho Storein should confer with Plaintiff and, by 1/9/2023, submit to the proposed order box a proposed schedule for any reply by Plaintiff. (rao, ) |
| Filing 32 RESPONSE by Aixuanyu Costume Store, Aukidwld INC, Bylulis Store, C-Sports, Choadam, DC-Supernice, Familycrazy, FashionCos Store, Fishtailfun Group, Garlagy, HuaAngel, Hulaha, Lotiang, Lovely Mermaid (Juliseeme), Mermaid-Dream Store, Moonlight clothing store, Newland Niulai, PURFEL, PrettyGirl Costume Store, Punk and Rock, RQ Mermaidee Store, Robe Cape Costume Store, Superband, Surejoymall, VACIGODEN CS Store, Will-vines, Woodpencil Store, XZLMARV Store, XinCos1 Store, Youniliyu, exoman, fangwenlt, fantext, global cosplay, sonikey Costume Store, whopawho Storein Opposition to MOTION by Plaintiff Blue Spring Partners, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction. #21 (Attachments: #1 Exhibit 1)(Urbanczyk, Adam) |
| Filing 31 MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal #26 , which seeks to voluntarily dismiss defendants Gym Compression&Tights Store and Lora Rossie 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 removing defendants Gym Compression&Tights Store and Lora Rossie 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 1/6/2023 identifying the remaining defendants. (rao, ) |
| Filing 30 MOTION by Defendants (120) BigOrder, (122) Caitzr, (123) DGMTY, (127) guangzhouzhongyingdianzishangwuyouxiangongsi, (128) haoshengqiyue, (133) minggong, (134) Moning, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (147) shenzhenshishilongwangluokejiyouxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (152) Sweeky, (154) VASTSEE, (155) Venkuber, (156) yuanhuisheng, (157) yuehongyang in Opposition of Plaintiff's Motion for Preliminary Injunction and Request for Briefing Schedule (Pittaway, Lydia) |
| Filing 29 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 28 ATTORNEY Appearance for Defendants (154) VASTSEE, (122) Caitzr, (123) DGMTY, (128) haoshengqiyue, (133) minggong, (138) Shanghai Leiyuan Energy Technology Co., Ltd., (139) Shenzhen Dali Industry Co., Ltd., (142) Shenzhen Weitian Industrial Co., Ltd., (143) shenzhenshi shenghuashuo dianzishangwu youxiangongsi, (148) sigeshangmao, (149) sike, (150) Store shopping, (151) suyue, (156) yuanhuisheng, (157) yuehongyang, (147) shenzhenshishilongwangluokejiyouxiangongsi, (145) shenzhenshijiahuoyuandianzishangwuyouxiangongsi, (134) Moning, (120) BigOrder, (155) Venkuber, (152) Sweeky, (127) guangzhouzhongyingdianzishangwuyouxiangongsi by Lydia Pittaway (Pittaway, Lydia) |
| Filing 27 ATTORNEY Appearance for Defendant fantext by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 26 NOTICE of Voluntary Dismissal by Blue Spring Partners, LLC of Defendant No. 62 (Gym Compression&Tights Store) and Defendant No. 74 (Lora Rossie). (Hutchinson, David) |
| Filing 25 ATTORNEY Appearance for Defendant HuaAngel by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 24 CERTIFICATE of Service by Plaintiff Blue Spring Partners, LLC regarding set motion and R&R deadlines/hearings, #22 to the Defendants. (Hutchinson, David) |
| Filing 23 ATTORNEY Appearance for Defendant Will-vines by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #21 under advisement and will consider the motion unopposed if no defendant appears and objects by 12/30/2022. Plaintiff shall serve all defendants with this notice. (rao, ) |
| Filing 21 MOTION by Plaintiff Blue Spring Partners, LLC for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction. (Attachments: #1 Supplement Memo in support of Motion for Preliminary Injunction, #2 Declaration David E. Hutchinson Declaration in support of Motion for Preliminary Injunction)(Hutchinson, David) |
| Filing 20 SUMMONS Returned Executed by Blue Spring Partners, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A to the Complaint on 12/16/2022, answer due 1/6/2023. (Hutchinson, David) |
| Filing 19 ATTORNEY Appearance for Defendants C-Sports, Lotiang, Hulaha, PURFEL, Familycrazy, Garlagy, Fishtailfun Group, Aukidwld INC, Youniliyu, Superband, Punk and Rock, Lovely Mermaid (Juliseeme), Choadam, fangwenlt, Surejoymall, exoman, global cosplay, Moonlight clothing store, DC-Supernice, Newland Niulai, whopawho Store, Aixuanyu Costume Store, RQ Mermaidee Store, Mermaid-Dream Store, sonikey Costume Store, XZLMARV Store, XinCos1 Store, Bylulis Store, FashionCos Store, Robe Cape Costume Store, PrettyGirl Costume Store, Woodpencil Store, VACIGODEN CS Store by Adam Edward Urbanczyk (Urbanczyk, Adam) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified on Schedule A to the Complaint (dxb, ) |
| Filing 18 SEALED ORDER EXTENDING TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 12/2/2022: (rao, ) |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order 16 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from modifying registration data and content, changing hosts, redirecting traffic to other websites in their control, and moving any assets from accounts in U.S.-based financial institutions, including service provider accounts, to offshore accounts. The court's TRO #14 entered on 11/23/2022 is extended until 12/21/2022. (rao, ) |
| BOND in the amount of $ 5,000.00 via check, Receipt No. 4624279515 posted by Blue Spring Partners, LLC (lm, ) |
| Filing 15 Registry Deposit Information Form by Blue Spring Partners, LLC $5,000 Deposit. (Hutchinson, David) |
| Filing 14 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/23/2022: (rao, ) |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in plaintiff's motions ( 7 , 8 , #9 ), the supporting memorandum [9-1] and the temporary restraining order, plaintiff's motions for leave to file under seal 7 and for leave to file excess pages #9 are granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary transfer of defendant domain names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 8 is granted, except to the extent that the motion seeks a temporary transfer of defendant's internet stores. 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 appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court five thousand dollars ($5,000.00), either cash or surety bond, as security. (rao, ) |
| Filing 12 MAILED copyright report to Registrar, Washington DC. (gcy, ) |
| Filing 11 ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by Anna Iskikian (Iskikian, Anna) |
| Filing 10 SEALED DOCUMENT by Plaintiff Blue Spring Partners, LLC Ex. 2 (Parts 1-22) of Declaration of Eric Browning. (Attachments: #1 Exhibit Ex. 2 (2 of 22) of Eric Browning Declaration, #2 Exhibit Ex. 2 (3 of 22) of Eric Browning Declaration, #3 Exhibit Ex. 2 (4 of 22) of Eric Browning Declaration, #4 Exhibit Ex. 2 (5 of 22) of Declaration of Eric Browning, #5 Exhibit Ex. 2 (6 of 22) of Declaration of Eric Browning, #6 Exhibit Ex. 2 (7 of 22) of Declaration of Eric Browning, #7 Errata Ex. 2 (8 of 22) of Declaration of Eric Browning, #8 Exhibit Ex. 2 (9 of 22) of Declaration of Eric Browning, #9 Exhibit Ex. 2 (10 of 22) of Declaration of Eric Browning, #10 Exhibit Ex. 2 (11 of 22) of Declaration of Eric Browning, #11 Exhibit Ex. 2 (12 of 22) of Declaration of Eric Browning, #12 Exhibit Ex. 2 (13 of 22) of Declaration of Eric Browning, #13 Exhibit Ex. 2 (14 of 22) of Declaration of Eric Browning, #14 Exhibit Ex. 2 (15 of 22) of Declaration of Eric Browning, #15 Exhibit Ex. 2 (16 of 22) of Declaration of Eric Browning, #16 Exhibit Ex. 2 (17 of 22) of Declaration of Eric Browning, #17 Exhibit Ex. 2 (18 of 22) of Declaration of Eric Browning, #18 Exhibit Ex. 2 (19 of 22) of Declaration of Eric Browning, #19 Exhibit Ex. 2 (20 of 22) of Declaration of Eric Browning, #20 Exhibit Ex. 2 (21 of 22) of Declaration of Eric Browning, #21 Exhibit Ex. 2 (22 of 22) of Declaration of Eric Browning)(Hutchinson, David) |
| Filing 9 MOTION by Plaintiff Blue Spring Partners, LLC for leave to file excess pages for memo in support of Plaintiff (Attachments: #1 Supplement Memorandum in support of Temporary Restraining Order, #2 Declaration Attorney Declaration (David E. Hutchinson) in support of Temporary Restraining Order, #3 Exhibit Ex. 1 to Attorney Declaration - Jan 2011 Mark Monitor, #4 Exhibit Ex. 2 to Attorney Declaration - 2020 IP Rights Seizures Stat Report, #5 Exhibit Ex. 3 to Attorney Declaration - BASCAP Report, #6 Exhibit Ex. 4 to Attorney Declaration - ICANN Registrar Accreditation Agreement, #7 Exhibit Ex. 5 to Attorney Declaration - Hague Convention on Service Abroad, #8 Exhibit Ex. 6 to Attorney Declaration - Translation of Civil Procedure Law of the People of China, #9 Declaration Declaration of Eric Browning (Client), #10 Exhibit Ex. 1 to Declaration of Eric Browning (Fin Fun Copyright Registrations))(Hutchinson, David) |
| Filing 6 CLAIM by Blue Spring Partners, LLC regarding complaint, #1 of Copyright infringements. (Attachments: #1 Supplement Schedule A to AO 121 form)(Hutchinson, David) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Spring Partners, LLC (Hutchinson, David) |
| Filing 4 SEALED DOCUMENT by Plaintiff Blue Spring Partners, LLC Schedule A to the Complaint (Hutchinson, David) |
| Filing 3 ATTORNEY Appearance for Plaintiff Blue Spring Partners, LLC by David Edward Hutchinson (Hutchinson, David) |
| Filing 2 CIVIL Cover Sheet (Hutchinson, David) |
| Filing 1 COMPLAINT filed by Blue Spring Partners, LLC; Filing fee $ 402, receipt number AILNDC-20067191. (Attachments: #1 Exhibit Ex. 1 Fin Fun Copyright Registrations, #2 Exhibit Ex. 2 Provisionally Filed Under Seal - Schedule A slip sheet)(Hutchinson, David) |
| 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. (mbh, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (mbh, ) |
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