Tobias Teixeira Da Fonseca v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Tobias Teixeira Da Fonseca |
| The Partnerships and Unincorporated Associations Identified on Schedule A, tingkangsdjj, xiaofu6685, NorthEarth, qianqian0815 and qianqian010607 |
| 1:2023cv02485 |
| April 20, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 MEMORANDUM by Tobias Teixeira Da Fonseca in support of motion for default judgment #27 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 27 MOTION by Plaintiff Tobias Teixeira Da Fonseca for default judgment as to The Defendants Identified In Amended Schedule A (Vogt, Keith) |
| NEW PARTIES: tingkangsdjj, xiaofu6685, NorthEarth, qianqian0815 and qianqian010607 added to case caption. (Bu, Yi) |
| Filing 26 PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/24/2023: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction #23 is granted. Given the answer deadline of 06/08/2023, the tracking status hearing of 05/26/2023 is reset to 06/23/23023 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 06/14/2023. If the Defendants do not answer by the answer deadline, then they shall be deemed in default and the Plaintiff shall file a default-judgment motion on 06/14/2023. Emailed notice (mw, ) |
| Filing 25 SUMMONS Returned Executed by Tobias Teixeira Da Fonseca as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/18/2023, answer due 6/8/2023. (Attachments: #1 Declaration of Service, Keith A. Vogt)(Vogt, Keith) |
| Filing 24 MEMORANDUM by Tobias Teixeira Da Fonseca in support of motion for preliminary injunction #23 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 23 MOTION by Plaintiff Tobias Teixeira Da Fonseca for preliminary injunction (Vogt, Keith) |
| Filing 22 SURETY BOND in the amount of $10,000 posted by Tobias Teixeira Da Fonseca. (Document not scanned.) (lw, ) |
| Filing 21 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/11/2023. Emailed notice (mw,) |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion #17 to file joinder exhibit under seal is granted. On review of the joinder submission, given the use of the same fake brand name and same manufacturer, plus the same unique fanciful color name for the goods, joinder is proper. The Plaintiff's motion 12 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 Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The other relief, including electronic service of process, is granted. The tracking status hearing of 05/12/2023 is reset to 05/26/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/19/2023. Emailed notice (mw, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (kra, ) |
| Filing 19 SEALED DOCUMENT by Plaintiff Tobias Teixeira Da Fonseca Sealed Exhibit 1 in Support of Memorandum Establishing that Joinder is Proper (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 18 MEMORANDUM by Tobias Teixeira Da Fonseca in support of motion for leave to file #17 Establishing that Joinder is Proper (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 17 MOTION by Plaintiff Tobias Teixeira Da Fonseca for leave to file under seal (Vogt, Keith) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for TRO 12 , the Plaintiff shall file a supplemental memorandum explaining why the remaining Defendants in Amended Schedule A satisfy the joinder standard set forth in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020). The supplemental memorandum is due by 05/01/2023. The supplement may be filed under seal as needed to avoid the transfer of assets. The motion #10 to file under seal is granted in light of the asset-restraint goal. The motion #11 for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 05/12/2023 at 8:30 a.m. Emailed notice (mw, ) |
| Filing 15 MAILED Copyright report to Registrar, Washington DC. (jh, ) |
| Filing 14 SEALED EXHIBIT by Plaintiff Tobias Teixeira Da Fonseca Sealed Exhibit 2, Declaration of Tobias Teixeira Da Fonseca regarding memorandum in support of motion, #13 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 13 MEMORANDUM in support of 12 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4 of Keith A. Vogt's declaration, #3 Declaration of Tobias Teixeira Da Fonseca, #4 Exhibit 1, of Tobias Teixeira Da Fonseca's declaration)(Vogt, Keith) |
| Filing 11 MOTION by Plaintiff Tobias Teixeira Da Fonseca for leave to file excess pages (Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Tobias Teixeira Da Fonseca for leave to file under seal (Vogt, Keith) |
| Filing 9 SEALED DOCUMENT by Plaintiff Tobias Teixeira Da Fonseca [Amended] Schedule A to Complaint (1) and Schedule A to Complaint (2) (Vogt, Keith) |
| Filing 8 ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Yanling Jiang (Jiang, Yanling) |
| Filing 7 ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 6 ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Adam Grodman (Grodman, Adam) |
| Filing 5 ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Yi Bu (Bu, Yi) |
| Filing 4 ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Tobias Teixeira Da Fonseca Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Tobias Teixeira Da Fonseca ; Filing fee $ 402, receipt number AILNDC-20559284. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (lm, ) |
| 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. (lm, ) |
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