Charlie Bowater v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Charlie Bowater |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv06289 |
| August 28, 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 October 25, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 SUMMONS Returned Executed by Charlie Bowater as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/25/2023, answer due 11/15/2023. (Attachments: #1 Declaration of Service)(Vogt, Keith) |
| Filing 37 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #35 before Honorable Sharon Johnson Coleman on 10/31/2023 at 10:00 AM. (Vogt, Keith) |
| Filing 36 MEMORANDUM by Charlie Bowater in support of motion for preliminary injunction #35 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 35 MOTION by Plaintiff Charlie Bowater for preliminary injunction (Vogt, Keith) |
| Filing 34 SURETY BOND in the amount of $ 3,000.00 posted by Charlie Bowater. (Document not imaged) (td, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jcc, ) |
| Filing 33 SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 10/17/2023. Mailed notice.(ym) |
| Filing 32 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 10/17/2023. Plaintiff's motion for leave to file under seal #26 , motion to exceed page limitation #27 , and sealed motion 28 are granted. Enter Order. An in-person status hearing is set for 10/31/2023 at 10:00 AM. All other pending motions are stricken as moot. Mailed notice. (ym) |
| Filing 31 Presentment for Exparte motion 28 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages #27 , motion for leave to file #26 before Honorable Sharon Johnson Coleman on 10/17/2023 at 10:00 AM. (Vogt, Keith) |
| Filing 30 SEALED EXHIBIT by Plaintiff Charlie Bowater Amended Sealed Exhibit 2, Declaration of Charlie Bowater regarding memorandum in support of motion, #29 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 29 MEMORANDUM in support of 28 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Charlie Bowater, #4 Exhibit 1, of Charlie Bowater's declaration)(Vogt, Keith) |
| Filing 27 MOTION by Plaintiff Charlie Bowater for leave to file excess pages (Vogt, Keith) |
| Filing 26 MOTION by Plaintiff Charlie Bowater for leave to file under seal (Vogt, Keith) |
| Filing 25 SEALED DOCUMENT by Plaintiff Charlie Bowater [Amended] Schedule A to Amended Complaint #24 (Vogt, Keith) |
| Filing 24 AMENDED complaint by Charlie Bowater against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
| Filing 23 MINUTE entry before the Honorable Sharon Johnson Coleman: The Court has reviewed plaintiff's memorandum in support of joinder of 65 defendants #19 . Plaintiff argues that defendants are appropriately joined in this case because, among other reasons, they all infringe the same registered artwork, add the same moon phases, the same double stranded circle, and the same grass on the bottom. 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. 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 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 different characters featured on the products, different descriptions of the products, and the wide range of prices, which cut against plaintiff's assertion that all 65 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 November 5, 2023 reducing the number of defendants in accordance with the principles outlined above. The Court reserves ruling on the temporary restraining order 15 until the Rule 20 deficiency is cured. The Court grants plaintiff's motion to file under seal #13 . Mailed notice. (ym) |
| Filing 22 MINUTE entry before the Honorable Sharon Johnson Coleman: Upon review of the Complaint and the Amended Schedule A #12 , the Court questions whether joinder of 65 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 9/19/2023 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 9/6/2023 is stricken. Mailed notice. (ym) |
| Filing 21 Presentment for Exparte motion 15 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file #13 , motion for leave to file excess pages #14 before Honorable Sharon Johnson Coleman on 9/6/2023 at 10:00 AM. (Vogt, Keith) |
| Filing 20 SEALED EXHIBIT by Plaintiff Charlie Bowater regarding memorandum in support of motion #19 (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 19 MEMORANDUM Establishing that Joinder is Proper (Attachments: #1 Exhibit 1, filed under seal)(Vogt, Keith) |
| Filing 18 MOTION by Plaintiff Charlie Bowater for leave to file under seal (Vogt, Keith) |
| Filing 17 SEALED EXHIBIT by Plaintiff Charlie Bowater Sealed Exhibit 2, Declaration of Charlie Bowater regarding memorandum in support of motion, #16 (Attachments: #1 Exhibit 2-1)(Vogt, Keith) |
| Filing 16 MEMORANDUM in support of 15 Exparte motion (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1-4, of Keith A. Vogt's declaration, #3 Declaration of Charlie Bowater, #4 Exhibit 1, of Charlie Bowater's declaration)(Vogt, Keith) |
| Filing 14 MOTION by Plaintiff Charlie Bowater for leave to file excess pages (Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Charlie Bowater for leave to file under seal (Vogt, Keith) |
| Filing 12 SEALED DOCUMENT by Plaintiff Charlie Bowater [Amended] Schedule A to Complaint #1 and Schedule A to Complaint #2 (Vogt, Keith) |
| Filing 11 MAILED copyright report to Registrar, Washington DC. (rc, ) |
| Filing 10 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 9 ATTORNEY Appearance for Plaintiff Charlie Bowater by Monica Rita Martin (Martin, Monica) |
| Filing 8 ATTORNEY Appearance for Plaintiff Charlie Bowater by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 7 ATTORNEY Appearance for Plaintiff Charlie Bowater by Adam Grodman (Grodman, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiff Charlie Bowater by Yi Bu (Bu, Yi) |
| Filing 5 ATTORNEY Appearance for Plaintiff Charlie Bowater by Yanling Jiang (Jiang, Yanling) |
| Filing 4 ATTORNEY Appearance for Plaintiff Charlie Bowater by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Charlie Bowater Schedule A to Complaint (1) (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Charlie Bowater ; Filing fee $ 402, receipt number AILNDC-20975989. (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. (mcp, ) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (mcp, ) |
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| Plaintiff: Charlie Bowater | |
| Represented By: | Adam Grodman |
| Represented By: | Cameron Eugene Mcintyre |
| Represented By: | Monica Rita Martin |
| 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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