Gearbox Enterprises, LLC v. The Partnerships And Unincorporated Associations Identified On Schedule A,
| Gearbox Enterprises, LLC |
| The Partnerships And Unincorporated Associations Identified On Schedule A, |
| 1:2023cv05051 |
| August 1, 2023 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 MOTION by Plaintiff Gearbox Enterprises, LLC for extension of time for Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Sofia Quezada Hastings)(Quezada Hastings, Sofia) |
| Check BOND in the amount of $ $2,000 check, Receipt No. 4624291451 posted by Aronberg Goldgehn Davis & Garmisa. (jb, ) |
| Filing 23 SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 9/20/2023. Mailed notice.(ym) |
| Filing 22 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 9/20/2023. Plaintiff's ex parte motion for temporary restraining order including temporary injunction, temporary asset restraint, expedited discovery, and order to show cause why preliminary injunction should not issue #9 and motion for electronic service of process pursuant to Fed. R. Civ. P 4(f)(3) #12 are granted. Enter Order. An in-person status hearing is set for 10/4/2023 at 10:00 AM. Mailed notice. (ym) |
| Filing 21 MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiff's motion for temporary restraining order #9 and motion for electronic service of process #12 is set for 9/20/2023 at 10:00 AM as an in-person hearing in courtroom 1241. Mailed notice. (ym) |
| Filing 20 SEALED EXHIBIT by Plaintiff Gearbox Enterprises, LLC Amended Evidence Exhibit 2 regarding memorandum in support of motion #10 (Quezada Hastings, Sofia) |
| Filing 19 SEALED EXHIBIT by Plaintiff Gearbox Enterprises, LLC Schedule A to Amended Complaint regarding amended complaint #18 (Quezada Hastings, Sofia) |
| Filing 18 AMENDED complaint by Gearbox Enterprises, LLC against The Partnerships And Unincorporated Associations Identified On Schedule A, (Attachments: #1 Exhibit A)(Quezada Hastings, Sofia) |
| Filing 17 MINUTE entry before the Honorable Sharon Johnson Coleman: The Court has reviewed plaintiff's memorandum in support of joinder of 71 defendants #16 . Plaintiff argues that defendants are appropriately joined in this case because, among other reasons, they use similar registration patterns, share common design elements, accept similar payment methods, use similar advertising methods, and sell products sharing similar irregularities. Thus, plaintiff maintains that its allegations indicate that defendants work in active concert to sell unauthorized products in the same series of transactions or occurrences, which, according to plaintiff, satisfies the requirements of Federal Rule of Civil Procedure 20. The Court disagrees that defendants here share a "logical relationship" where there is "substantial evidentiary overlap in the facts" to support joinder. Este Lauder Cosms. Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (Chang, J.). Although defendants use similar language and sell similar products, the storefronts and products identified in plaintiff's sealed exhibit to the temporary restraining order are distinguishable. The Court sees sufficient differences, such as the types of products sold (varying from stuffed animals to blankets to mugs to posters), the different characters featured on the products, and the wide range of prices, which cut against plaintiff's assertion that all 71 joined defendants are working together or sharing information. The Court has noticed the overwhelming influx of Schedule A cases within the district. While it recognizes the efficiency that consolidation of defendants may permit, the Court finds that joining distinct defendants in one case does not satisfy the requirements of the Federal Rules, for in these sorts of copyright cases, "one defendant's alleged infringement does not 'arise out of the same transaction, occurrence, or series of transactions or occurrences' as another defendant's unrelated infringement." Id. at 187 (quoting Fed. R. Civ. P. 20(a)(2)(A)). Thus, the Court finds that joinder is impermissible here. Plaintiff may file an amended complaint by August 25, 2023 reducing the number of defendants in accordance with the principles outlined above. The Court reserves ruling on the temporary restraining order #9 and electronic service of process #12 until the Rule 20 deficiency is cured. The Court grants plaintiff's motion to file under seal #3 . Mailed notice. (ym) |
| Filing 16 MEMORANDUM by Gearbox Enterprises, LLC in Support of Joinder of Defendants Listed on Schedule A to Complaint (Quezada, Sofia) |
| Filing 15 MINUTE entry before the Honorable Sharon Johnson Coleman: Upon review of the Complaint, the Court questions whether joinder of 71 defendants is appropriate in this case. See, e.g. Estee Lauder Cometics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020) (Chang, J.). Plaintiff shall file a supplemental memorandum addressing the propriety of joinder by 8/18/2023 in light of the principles described in Estee Lauder. In addition, Plaintiff has leave to file an amended complaint with smaller subset of defendants along with its memorandum. Presentment hearing set for 8/9/2023 is stricken. Mailed notice. (ym) |
| Filing 14 ATTORNEY Appearance for Plaintiff Gearbox Enterprises, LLC by Matthew L. De Preter (De Preter, Matthew) |
| Filing 13 NOTICE of Motion by Sofia Quezada for presentment of motion for leave to file #3 , motion for temporary restraining order #9 , motion for miscellaneous relief #12 before Honorable Sharon Johnson Coleman on 8/9/2023 at 10:00 AM. (Quezada, Sofia) |
| Filing 12 MOTION by Plaintiff Gearbox Enterprises, LLC for Electronic Service of Process (Attachments: #1 Supplement Memorandum in Support, #2 Declaration of Matthew De Preter)(Quezada, Sofia) |
| Filing 11 SEALED EXHIBIT by Plaintiff Gearbox Enterprises, LLC Exhibit 2 - Evidence regarding memorandum in support of motion #10 (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5)(Quezada, Sofia) |
| Filing 10 MEMORANDUM by Gearbox Enterprises, LLC in support of motion for temporary restraining order #9 (Attachments: #1 Declaration of Stewart Miller, #2 Exhibit A, #3 Exhibit B)(Quezada, Sofia) |
| Filing 9 MOTION by Plaintiff Gearbox Enterprises, LLC for temporary restraining order (Quezada, Sofia) |
| Filing 8 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice. (ym) |
| Filing 7 MAILED copyright report to Registrar, Washington DC. (daj, ) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (gmm) |
| 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. (gmm) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Gearbox Enterprises, LLC (Quezada, Sofia) |
| Filing 5 ATTORNEY Appearance for Plaintiff Gearbox Enterprises, LLC by Sofia Quezada (Quezada, Sofia) |
| Filing 4 CIVIL Cover Sheet (Quezada, Sofia) |
| Filing 3 MOTION by Plaintiff Gearbox Enterprises, LLC for leave to file Certain Documents Under Seal (Quezada, Sofia) |
| Filing 2 SEALED EXHIBIT by Plaintiff Gearbox Enterprises, LLC Schedule A to Complaint regarding complaint #1 (Quezada, Sofia) |
| Filing 1 COMPLAINT filed by Gearbox Enterprises, LLC; Filing fee $ 402, receipt number AILNDC-20887264. (Attachments: #1 Exhibit A)(Quezada, Sofia) |
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| Plaintiff: Gearbox Enterprises, LLC | |
| Represented By: | Sofia Quezada |
| Represented By: | Matthew L. De Preter |
| Represented By: | Sofia Quezada Hastings |
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| Defendant: The Partnerships And Unincorporated Associations Identified On Schedule A, | |
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