Duffy Archive Limited v. The Partnerships and Unincorporated Associations Identified On Schedule A
| Duffy Archive Limited |
| The Partnerships and Unincorporated Associations Identified On Schedule A |
| 1:2023cv05082 |
| August 2, 2023 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 CERTIFICATE of Service by Sydney Paige Fenton on behalf of Duffy Archive Limited (Attachments: #1 Exhibit A)(Fenton, Sydney) |
| Filing 32 NOTICE by Sydney Paige Fenton of Change of Address (Fenton, Sydney) |
| Filing 31 NOTICE by Martin Francis Trainor of Change of Address (Trainor, Martin) |
| Filing 30 MINUTE entry before the Honorable LaShonda A. Hunt: Before the Court is Plaintiff's motion for entry of a preliminary injunction #28 , which the Court has taken under advisement. All remaining defendants are advised that the Court will consider the motion unopposed if no Defendant files a notice of objection by 10/6/23. Plaintiff must serve a copy of this minute order upon all remaining defendants within one business day of its entry upon the docket and promptly file proof of that service. For the reasons stated in the Court's orders initially entering the TRO, and then extending the TRO, the TRO is extended to and including the date 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). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Emailed notice. (cdh, ) |
| Filing 29 MEMORANDUM by Duffy Archive Limited in support of motion for preliminary injunction #28 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 28 MOTION by Plaintiff Duffy Archive Limited for preliminary injunction (Attachments: #1 Exhibit A)(Trainor, Martin) |
| Filing 27 SUMMONS Returned Executed by Duffy Archive Limited as to The Partnerships and Unincorporated Associations Identified On Schedule A on 9/22/2023, answer due 10/13/2023. (Attachments: #1 Declaration of Sydney Fenton, #2 Exhibit A)(Fenton, Sydney) |
| Filing 26 MINUTE entry before the Honorable LaShonda A. Hunt: The Court grants Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order #24 for the reasons stated in the order granting the initial TRO #22 . The TRO is extended to 9/27/23. Emailed notice. (cdh, ) |
| Filing 25 MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief #24 (Attachments: #1 Declaration of Martin F. Trainor)(Trainor, Martin) |
| Filing 24 MOTION by Plaintiff Duffy Archive Limited to Extend the Temporary Restraining Order (Trainor, Martin) |
| Filing 23 SURETY BOND in the amount of $ 5,000 posted by Duffy Archive Limited. (Document not Scanned) (jh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A (axk, ) |
| Filing 22 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 8/30/2023. Emailed copy to Plaintiff's counsel. (cdh, ) |
| Filing 21 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order including a temporary injunction, a temporary asset restraint, and expedited discovery #8 and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) #12 are granted as to all Defendants on sealed Amended Schedule A #18 . Plaintiff's submissions generally establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested 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 previously granted motion to seal #19 . The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. The Court further finds that Plaintiff's filings support proceeding (for the time being) on an ex parte basis since, 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. The screenshot 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, an injunction is in the public interest due to the consumer confusion caused by counterfeit goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Finally, 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. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any defendant appears and objects, the Court will promptly revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents Under Seal is #19 granted. Emailed notice. (cdh, ) |
| Filing 19 MOTION by Plaintiff Duffy Archive Limited for Leave to File Certain Documents Under Seal (Trainor, Martin) |
| Filing 18 SEALED EXHIBIT by Plaintiff Duffy Archive Limited Schedule A regarding amended complaint #16 (Trainor, Martin) |
| Filing 17 SEALED EXHIBIT by Plaintiff Duffy Archive Limited Exhibit 1 regarding amended complaint #16 (Trainor, Martin) |
| Filing 16 AMENDED complaint by Duffy Archive Limited against The Partnerships and Unincorporated Associations Identified On Schedule A (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Trainor, Martin) |
| Filing 15 MINUTE entry before the Honorable LaShonda A. Hunt: Upon review of the Complaint #1 , the Court questions whether joinder of 94 defendants is appropriate in this case. Plaintiff alleges that Defendants operate e-commerce stores that infringe upon its copyrighted works, the Aladdin Sane Photographs. The Complaint alleges that Defendants "concurrently employ and benefit from substantially similar advertising and marketing strategies" and "share identifiers" suggesting that their products "were manufactured by and come from a common source." [Id. at 9-10]. Although the Complaint and attachments total 150 pages, those are the only allegations offered to establish a connection between all of the Defendants. Such conclusory statements, however, do not satisfy the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.3d 182 (N.D. Ill. 2020). Accordingly, Plaintiff is ordered to file a supplemental memorandum addressing the propriety of joinder by 8/24/23. Alternatively, by the same date, Plaintiff is granted leave to file an amended complaint with a smaller subset of defendants that includes specific allegations supporting joinder. Plaintiff's ex parte motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #8 and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) #12 are taken under advisement until the joinder issue is resolved. Emailed notice. (cdh, ) |
| Filing 14 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Leave to File Certain Documents Under Seal #3 is granted. Emailed notice. (cdh, ) |
| Filing 13 MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief #12 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 12 MOTION by Plaintiff Duffy Archive Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Trainor, Martin) |
| Filing 11 SEALED EXHIBIT by Plaintiff Duffy Archive Limited Exhibit 2 Part 1-5 regarding declaration #10 (Attachments: #1 Exhibit 2-1, #2 Exhibit 2-2, #3 Exhibit 2-3, #4 Exhibit 2-4, #5 Exhibit 2-5)(Trainor, Martin) |
| Filing 10 DECLARATION of Stewart Miller regarding memorandum in support of motion #9 (Attachments: #1 Exhibit 1)(Trainor, Martin) |
| Filing 9 MEMORANDUM by Duffy Archive Limited in support of motion for miscellaneous relief #8 (Attachments: #1 Declaration of Martin F. Trainor, #2 Exhibit 1)(Trainor, Martin) |
| Filing 8 MOTION by Plaintiff Duffy Archive Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Trainor, Martin) |
| Filing 7 ATTORNEY Appearance for Plaintiff Duffy Archive Limited by Sydney Paige Fenton (Fenton, Sydney) |
| Filing 6 ATTORNEY Appearance for Plaintiff Duffy Archive Limited by Martin Francis Trainor (Trainor, Martin) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Duffy Archive Limited (Trainor, Martin) |
| Filing 4 CIVIL Cover Sheet (Trainor, Martin) |
| Filing 3 MOTION by Plaintiff Duffy Archive Limited for Leave to File Certain Documents Under Seal (Trainor, Martin) |
| Filing 2 SEALED EXHIBIT by Plaintiff Duffy Archive Limited Schedule A regarding complaint #1 (Trainor, Martin) |
| Filing 1 COMPLAINT filed by Duffy Archive Limited; Filing fee $ 402, receipt number AILNDC-20890433. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Trainor, Martin) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (jcm) |
| 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. (jcm) |
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| Plaintiff: Duffy Archive Limited | |
| Represented By: | Sydney Paige Fenton |
| Represented By: | Martin Francis Trainor |
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| Defendant: The Partnerships and Unincorporated Associations Identified On Schedule A | |
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