Kayomi Harai v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Kayomi Harai |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv03417 |
| May 31, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 22 CERTIFICATE of Service by Plaintiff Kayomi Harai regarding text entry,,,, #21 (Vogt, Keith) |
| Filing 21 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion #18 for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by 7/26/2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). To the extent this extension exceeds the maximum duration for a TRO under FRCP 65(b), the extension will become "in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice (ags) |
| Filing 20 SUMMONS Returned Executed by Kayomi Harai as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/12/2023, answer due 8/2/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 19 MEMORANDUM by Kayomi Harai in support of motion for preliminary injunction #18 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith Vogt)(Vogt, Keith) |
| Filing 18 MOTION by Plaintiff Kayomi Harai for preliminary injunction (Vogt, Keith) |
| Filing 17 SURETY BOND in the amount of $ 10,000.00 posted by Kayomi Harai. (Document not imaged) (td, ) |
| Filing 16 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 7/5/2023. Mailed notice. (lw, ) |
| 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 11 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 . 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, 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, but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity 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. (rc, ) |
| Filing 14 MAILED copyright report to Registrar, Washington DC. (jk2, ) |
| Filing 13 SEALED EXHIBIT by Plaintiff Kayomi Harai Sealed Exhibit 2, Declaration of Kayomi Harai regarding memorandum in support of motion, #12 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3)(Vogt, Keith) |
| Filing 12 MEMORANDUM in support 11 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4 of Keith A. Vogt's declaration, #3 Declaration of Kayomi Harai, #4 Exhibit 1, of Kayomi Harai's declaration)(Vogt, Keith) |
| Filing 10 MOTION by Plaintiff Kayomi Harai for leave to file excess pages (Vogt, Keith) |
| Filing 9 MOTION by Plaintiff Kayomi Harai for leave to file under seal (Vogt, Keith) |
| Filing 8 ATTORNEY Appearance for Plaintiff Kayomi Harai by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Kayomi Harai by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Kayomi Harai by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Kayomi Harai by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Kayomi Harai Schedule A to Complaint (1) (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Kayomi Harai; Filing fee $ 402, receipt number AILNDC-20689179. (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. (jcc, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jcc, ) |
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| Plaintiff: Kayomi Harai | |
| 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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