Brigid Ashwood v. The Partnerships and Unincorporated Associations Identified on Schedule A
Brigid Ashwood |
The Partnerships and Unincorporated Associations Identified on Schedule A |
1:2023cv00762 |
February 7, 2023 |
US District Court for the Northern District of Illinois |
Edmond E Chang |
Copyright |
17 U.S.C. § 101 Copyright Infringement |
None |
Docket Report
This docket was last retrieved on March 20, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 33 ENTERED JUDGMENT Signed by the courtroom deputy on 03/20/2023. Emailed notice (mw, ) |
Filing 32 DEFAULT JUDGMNET ORDER Signed by the Honorable Edmond E. Chang on 03/20/2023. Emailed notice (mw,) |
Filing 31 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment #28 is granted in part. Statutory damages are awarded in the amount of ten-thousand dollars ($10,000). In light of the finding of willfulness, a permanent injunction shall be entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 04/07/2023 is vacated. Civil case terminated. FOR FUTURE REFERENCE, UNDER THE SEVENTH AMENDED GENERAL ORDER 21-0027 (AVAILABLE ON THE DISTRICT COURT'S WEBSITE), LOCAL RULE 5.3(B) IS SUSPENDED, SO MOTIONS SHOULD NOT BE NOTICED FOR PRESENTMENT. THE NOTICE OF MOTION IS VACATED. Emailed notice (mw, ) |
Filing 30 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment #28 before Honorable Edmond E. Chang on 3/23/2023 at 08:30 AM. (Vogt, Keith) |
Filing 29 MEMORANDUM by Brigid Ashwood in support of motion for default judgment #28 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
Filing 28 MOTION by Plaintiff Brigid Ashwood for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in the [Amended] Schedule A (Vogt, Keith) |
Filing 27 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/23/2023. Emailed notice (mw, ) |
Filing 26 MINUTE entry before the Honorable Edmond E. Chang: In light of the facts that justified the entry of the TRO, the motion for preliminary injunction #22 is granted. Given the answer deadline of 03/15/2023, the tracking status hearing of 03/03/2023 is reset to 04/07/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 03/31/2023. If the Defendants fail to answer on time, then they will be deemed in default, and the Plaintiff shall file the motion for default judgment by 03/31/2023. The notice of motion for 02/28/2023 is vacated. The Court notes that, under the operative Seventh Amended General Order 21-0027, Local Rule 5.3(b) is suspended, so motions should not be noticed for presentment. Emailed notice (mw, ) |
Filing 25 SUMMONS Returned Executed by Brigid Ashwood as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/22/2023, answer due 3/15/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
Filing 24 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #22 before Honorable Edmond E. Chang on 2/28/2023 at 08:30 AM. (Vogt, Keith) |
Filing 23 MEMORANDUM by Brigid Ashwood in support of motion for preliminary injunction #22 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
Filing 22 MOTION by Plaintiff Brigid Ashwood for preliminary injunction (Vogt, Keith) |
Filing 21 SURETY BOND in the amount of $10,000 posted by Brigid Ashwood. (Document not scanned). (aee, ) |
Filing 20 (Public Version) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/14/2023. Emailed notice (mw, ) |
Filing 19 TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/14/2023. Emailed notice (mw, ) Modified on 2/27/2023 (rc, ). |
Filing 18 MINUTE entry before the Honorable Edmond E. Chang: The notice of motion for 02/15/2023 is vacated. In this copyright-infringement case, the Plaintiff's motion 13 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. 504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion #11 for leave to file under seal is granted in light of the asset-restraint goal. The Plaintiff's motion #12 for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 03/03/2023 at 8:30 a.m.. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 02/24/2023. Emailed notice (mw, ) |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (smb, ) |
Filing 17 MEMORANDUM [Corrected] Memorandum in Support of Plaintiff's Ex Parte Motion 13 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration [Corrected] Declaration of Brigid Ashwood, #4 Exhibit 1, of Brigid Ashwood's [corrected] declaration)(Vogt, Keith) |
Filing 16 presentment for Exparte Motion 13 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages #12 , motion for leave to file #11 before Honorable Edmond E. Chang on 2/15/2023 at 08:30 AM. (Vogt, Keith) |
Filing 15 EXHIBIT by Plaintiff Brigid Ashwood Sealed Exhibit 2, Declaration of Brigid Ashwood regarding memorandum in support of motion, #14 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 2/27/2023 (rc, ). |
Filing 14 MEMORANDUM in support of 13 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Brigid Ashwood, #4 Exhibit 1, of Brigid Ashwood's declaration)(Vogt, Keith) |
Filing 12 MOTION by Plaintiff Brigid Ashwood for leave to file excess pages (Vogt, Keith) |
Filing 11 MOTION by Plaintiff Brigid Ashwood for leave to file under seal (Vogt, Keith) |
Filing 10 EXHIBIT by Plaintiff Brigid Ashwood [Amended] Schedule A to Complaint (1) and Schedule A to Complaint (2) (Vogt, Keith) Modified on 2/27/2023 (rc, ). |
Filing 9 MAILED copyright report to Registrar, Washington DC. (daj, ) |
Filing 8 ATTORNEY Appearance for Plaintiff Brigid Ashwood by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
Filing 7 ATTORNEY Appearance for Plaintiff Brigid Ashwood by Adam Grodman (Grodman, Adam) |
Filing 6 ATTORNEY Appearance for Plaintiff Brigid Ashwood by Yi Bu (Bu, Yi) |
Filing 5 ATTORNEY Appearance for Plaintiff Brigid Ashwood by Yanling Jiang (Jiang, Yanling) |
Filing 4 ATTORNEY Appearance for Plaintiff Brigid Ashwood by Keith A. Vogt (Vogt, Keith) |
Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
Filing 2 SEALED DOCUMENT by Plaintiff Brigid Ashwood Schedule A to Complaint (1) (Vogt, Keith) |
Filing 1 COMPLAINT filed by Brigid Ashwood; Filing fee $ 402, receipt number AILNDC-20325642. (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. (jb, ) |
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jb, ) |
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Plaintiff: Brigid Ashwood | |
Represented By: | Yanling Jiang |
Represented By: | Yi Bu |
Represented By: | Keith A. Vogt |
Represented By: | Cameron Eugene Mcintyre |
Represented By: | Adam Grodman |
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Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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