Legend Pictures, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Legend Pictures, LLC |
| The Partnerships and Unincorporated Associations Identified on Schedule A, baybayyou1118, hanmao89, liujinteng1547, liw.go-0, mayif-37, ming446, mu36693-8, nmbu16, rao22173, tut8-9, xiaozhidingdangdianzishangwu, xue4562, yanwa-89, yimeimaqin, yon464516, zh-308862, zhangy-9471 and zhengtong_97 |
| 1:2023cv05253 |
| August 9, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 35 MINUTE entry before the Honorable Nancy L. Maldonado: In light of the Court's prior order #34 , the default judgment hearing set for 10/12/2023 is reset for 11/02/2023 at 10:30 via WebEx video conference. The dial in number for the public is 650-479-3207; Access code: 23048838933. A copy of this order should be provided to Defendants. (ca, ) |
| Filing 34 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for an extension until October 17, 2023 to file their supplemental memorandum in support of default judgment #33 is granted for the reasons stated in the motion. (ca, ) |
| Filing 33 MOTION by Plaintiff Legend Pictures, LLC for extension of time to file supplemental memorandum (Vogt, Keith) |
| NEW PARTIES: baybayyou1118, hanmao89, liujinteng1547, liw.go-0, mayif-37, ming446, mu36693-8, nmbu16, rao22173, tut8-9, xiaozhidingdangdianzishangwu, xue4562, yanwa-89, yimeimaqin, yon464516, zh-308862, zhangy-9471 and zhengtong_97 added to case caption. (Bu, Yi) |
| Filing 32 TRANSCRIPT OF PROCEEDINGS held on 09/19/23 before the Honorable Nancy L. Maldonado. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC jenny.uscra@yahoo.com (312)435-5895. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/11/2023. Redacted Transcript Deadline set for 10/23/2023. Release of Transcript Restriction set for 12/19/2023. (Costales, Jennifer) |
| Filing 31 PRELIMINARY INJUNCTION. Signed by the Honorable Nancy L. Maldonado on 9/20/2023. Notices mailed. (psm, ) |
| Filing 30 MINUTE entry before the Honorable Nancy L. Maldonado: In light of Plaintiff's filing of a certificate of service #27 , and given that no Defendant has appeared or objected to the entry of a preliminary injunction, Plaintiff's motion for a preliminary injunction #21 is granted as unopposed. Enter Preliminary Injunction. Notices mailed. (psm, ) |
| Filing 29 CERTIFICATE of Service by Plaintiff Legend Pictures, LLC regarding motion hearing,,,, set/reset hearings,,, #28 (Vogt, Keith) |
| Filing 28 MINUTE entry before the Honorable Nancy L. Maldonado:Motion hearing held on 9/19/23. Defendants were not present. Counsel report that they provided notice of today's hearing to the Defendants. As noted on the record, Plaintiff must file a certificate of service demonstrating it provided notice of today's hearing, and after the certificate is filed the Court will grant the motion and enter the preliminary injunction. As to the motion for default and default judgment #25 : as discussed on the record, the Court enters default as to all the Defendants under Rule 55(a) based on their failure to appear or answer. A supplemental memorandum in support of default judgment is due by 10/03/23. A default judgment hearing is set for 10/12/23 at 11:00 a.m. by Webex video conference. The dial in number for the public is 650-479-3207; Access code: 23096892963. A copy of this order should be provided to Defendants. (ca, ) |
| Filing 27 CERTIFICATE of Service by Plaintiff Legend Pictures, LLC regarding set/reset hearings,,, #24 (Vogt, Keith) |
| Filing 26 MEMORANDUM by Legend Pictures, LLC in support of motion for default judgment #25 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 25 MOTION by Plaintiff Legend Pictures, LLC for default judgment as to The Defendants Identified In Amended Schedule A (Vogt, Keith) |
| Filing 24 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion for preliminary injunction #21 is set for a hearing on 9/19/2023 at 10:30 a.m. via Webex video conference. The dial-in number for the public is 650-479-3207; the access code is 2315 137 8504. The parties will receive a WebEx invitation by email. Plaintiff must serve a copy of its motion for preliminary injunction, as well as this minute order providing notice of the hearing, on all Defendants. Defendants shall have until prior to the hearing on 9/11/2023 to appear and file any objection to the motion. As the hearing is scheduled for after the expiration of the TRO, the Court, sua sponte, finds good cause to extend the duration of the temporary restraining order for another 21 days until 09/21/2023.2315 137 8504. (ca, ) |
| Filing 23 SUMMONS Returned Executed by Legend Pictures, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/25/2023, answer due 9/15/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 22 MEMORANDUM by Legend Pictures, LLC in support of motion for preliminary injunction #21 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
| Filing 21 MOTION by Plaintiff Legend Pictures, LLC for preliminary injunction (Vogt, Keith) |
| Filing 20 SURETY BOND in the amount of $ 18,000 posted by Legend Pictures, LLC. (Document not Scanned) (jh, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jxm, Jose) |
| Filing 19 SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 8/17/2023. Mailed notice. (kl, ) |
| Filing 18 MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal #12 , for leave to file excess page, #13 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process 14 , are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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 the individuals and entities operating Defendant, stopping Defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. 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. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. The Court also notes that, while some judges in this district, including the undersigned, have questioned the propriety of joinder of numerous defendants in such "Schedule A" cases, the Court finds that there are sufficient facts in the record to support joinder of the 18 named defendants in the Amended Schedule A at this time. The record reflects the Defendants each sell an identical product, with an identical or nearly identical product description, for around the same price, all on the same commerce platform. The Court thus finds joinder appropriate at least at this early pleading stage. If any defendant appears, they are free to raise any objection to joinder. Plaintiff shall deposit with the Clerk of Court eighteen thousand dollars ($18,000.00), either cash or surety bond, as security. (ca, ) |
| Filing 17 MAILED Trademark report to Patent Trademark Office, Alexandria VA. (jh, ) |
| Filing 16 SEALED EXHIBIT by Plaintiff Legend Pictures, LLC Sealed Exhibit 3, Declaration of Legend Pictures, LLC regarding memorandum in support of motion, #15 (Attachments: #1 Exhibit 3-1)(Vogt, Keith) |
| Filing 15 MEMORANDUM in support of 14 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Legend Pictures, LLC, #4 Exhibit 1, of Legend Pictures, LLC's declaration, #5 Exhibit 2, of Legend Pictures, LLC's declaration)(Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Legend Pictures, LLC for leave to file excess pages (Vogt, Keith) |
| Filing 12 MOTION by Plaintiff Legend Pictures, LLC for leave to file under seal (Vogt, Keith) |
| Filing 11 SEALED DOCUMENT by Plaintiff Legend Pictures, LLC [Amended] Schedule A to Complaint #1 and Schedule A to Complaint #2 (Vogt, Keith) |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Legend Pictures, LLC (Vogt, Keith) |
| Filing 9 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Legend Pictures, LLC Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Legend Pictures, LLC; Filing fee $ 402, receipt number AILNDC-20910929. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Vogt, Keith) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (mek) |
| 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. (mek) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
