Koetsier v. The Partnerships and Unincorporated Associations Identified on Schedule "A"
| Albert Koetsier |
| Does 1-113, As Identified in Exhibit 2 and The Partnerships And Unicorporated Associations Identified On Schedule A |
| 1:2023cv01751 |
| March 21, 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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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal #6 , motion for leave to file excess pages #7 , and ex parte motion for a temporary restraining order and other relief #8 are granted. 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 , #5 , and #9 . 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 consumer confusion caused by counterfeit 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. The Clerk is directed to substitute The Partnerships and Unincorporated Associations Identified on Schedule "A", as Defendant in place of Does 1-113, As Identified in Exhibit 2. Enter Sealed Temporary Restraining Order. Mailed notice (ef, ) |
| Filing 10 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable John F. Kness on 5/17/2023 (td, ) |
| Filing 9 SEALED DOCUMENT by Plaintiff Albert Koetsier Memorandum in support of Plaintiff's Motion for Entry of Ex Parte Temporary Restraining Order and other relief (Attachments: #1 Declaration by Plaintiff, #2 Exhibit 1, Registered Works and Copyright Registration Certificates, #3 Declaration by Rishi Nair, #4 Exhibit Infringement Evidence Screenshots (Part 1 of 3), #5 Supplement Part 2 of 3, #6 Supplement Part 3 of 3, #7 Exhibit 2 to Nair Declaration (Unpublished Caselaw), #8 Exhibit 3, Common Manufacturing Example, #9 Exhibit 4, Machine Translation of Exhibit 3)(Nair, Rishi) |
| Filing 8 MOTION by Plaintiff Albert Koetsier for temporary restraining order (ex parte) as well as asset freeze order, expedited discovery, and other relief pursuant to FRCP 4(f)(3) (Nair, Rishi) |
| Filing 7 MOTION by Plaintiff Albert Koetsier for leave to file excess pages (ex parte) (Nair, Rishi) |
| Filing 6 MOTION by Plaintiff Albert Koetsier to seal (ex parte) (Nair, Rishi) |
| Filing 5 MAILED copyright report to Registrar, Washington DC. (daj, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Albert Koetsier by Rishi Nair (Nair, Rishi) |
| Filing 3 CIVIL Cover Sheet (Nair, Rishi) |
| Filing 2 SEALED DOCUMENT by Plaintiff Albert Koetsier (Exhibit 1 to Complaint, Copyrighted Work and Registration Certificate) (Attachments: #1 Exhibit 2, Defendant List, #2 Exhibit 3, Common Manufacturer Supplier Infringing Product, #3 Exhibit 4, Machine Translation of Exhibit 3)(Nair, Rishi) |
| Filing 1 COMPLAINT filed by Albert Koetsier; Filing fee $ 402, receipt number AILNDC-20459406. (Attachments: #1 Exhibit 1, copyright work and registration certificate (to be filed under seal), #2 Exhibit 2, Defendant List (to be filed under seal), #3 Exhibit 3, Common Infringement Evidence (to be filed under seal), #4 Exhibit 4, Machine Translation of Exhibit 3 (to be filed under seal))(Nair, Rishi) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jb, ) |
| 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, ) |
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