Marco Orfeo Franz Busoni v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Marco Orfeo Franz Busoni |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv00548 |
| January 30, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 17 SURETY BOND in the amount of $ 10,000 posted by Marco Orfeo Franz Busoni (Document not scanned) (jk2, ) |
| Filing 16 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 3/23/2023. (td, ) |
| Filing 15 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #9 , motion for leave to file excess pages #10 , and ex parte motion for a temporary restraining order and other relief are granted in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries #2 , 11 , and #13 . This minute order and the accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the harm caused by infringing goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that 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. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (emc, ) |
| Filing 14 MAILED copyright report to Registrar, Washington DC (rp, ) |
| Filing 13 SEALED EXHIBIT by Plaintiff Marco Orfeo Franz Busoni Sealed Exhibit 2, Declaration of 14 TRO_Exhibit 2, Declaration of Marco Orfeo Franz Busoni regarding memorandum in support of motion, #12 (Attachments: #1 Exhibit 2, Part 1)(Vogt, Keith) |
| Filing 12 MEMORANDUM In Support of 11 Ex Parte Motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, Declaration of Keith Vogt, #3 Declaration of Marco Orfeo Franz Busoni, #4 Exhibit 1, Declaration of Marco Orfeo Franz Busoni)(Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Marco Orfeo Franz Busoni for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Marco Orfeo Franz Busoni for leave to file [Certain] Documents Under Seal (Vogt, Keith) |
| Filing 8 ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Yanling Jiang (Jiang, Yanling) |
| Filing 7 ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 6 ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Adam Grodman (Grodman, Adam) |
| Filing 5 ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Yi Bu (Bu, Yi) |
| Filing 4 ATTORNEY Appearance for Plaintiff Marco Orfeo Franz Busoni by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Marco Orfeo Franz Busoni Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Marco Orfeo Franz Busoni; Filing fee $ 402, receipt number AILNDC-20294163. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| 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. (emc, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (emc, ) |
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| Plaintiff: Marco Orfeo Franz Busoni | |
| Represented By: | Adam Grodman |
| Represented By: | Cameron Eugene Mcintyre |
| Represented By: | Yanling Jiang |
| Represented By: | Yi Bu |
| Represented By: | Keith A. Vogt |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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