XYZ Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A
| XYZ Corporation |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv13022 |
| September 14, 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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| Filing 24 CERTIFICATE of Service of Minute Entry #23 by Alison K Carter on behalf of XYZ Corporation (Carter, Alison) |
| Filing 23 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic hearing on Plaintiff's motion for preliminary injunction #20 set for 11/21/23, at 9:45 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 11/20/23, and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order 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. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice. (cdh, ) |
| Filing 22 SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/2/2023, answer due 11/23/2023. (Attachments: #1 Declaration of Service)(Sullivan, Ann Marie) |
| Filing 21 MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction #20 (Attachments: #1 Declaration in Support of Memorandum)(Sullivan, Ann Marie) |
| Filing 20 MOTION by Plaintiff XYZ Corporation for preliminary injunction (Sullivan, Ann Marie) |
| Filing 19 SURETY BOND in the amount of $ 10,000.00 posted by XYZ Corporation. (Document not imaged) (td, ) |
| Filing 18 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order #17 is granted. The TRO is extended to 11/7/23 for the reasons stated in the order granting the initial TRO #15 . Emailed notice. (cdh, ) |
| Filing 17 MOTION by Plaintiff XYZ Corporation for extension of time of the Temporary Restraining Order (Attachments: #1 Supplement Memorandum in Support of Motion, #2 Declaration of Alison K. Carter)(Carter, Alison) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mcp, ) |
| Filing 16 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 10/10/23. Emailed notice(cdh, ) |
| Filing 15 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff XYZ Corporation's Motion for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym #5 , Ex Parte Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery #11 , and Motion for Electronic Service of Process #13 are granted. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Emailed notice. (cdh, ) |
| Filing 14 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief #13 for Electronic Service of Process (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1-4)(Carter, Alison) |
| Filing 13 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process (Carter, Alison) |
| Filing 12 SEALED DOCUMENT by Plaintiff XYZ Corporation Memorandum in Support of Motion for Temporary Restraining Order (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1, #3 Exhibit 2)(Carter, Alison) |
| Filing 11 SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order (Carter, Alison) |
| Filing 10 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Schedule A (Carter, Alison) |
| Filing 9 MAILED copyright report to Registrar, Washington DC. (daj, ) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (exr, ) |
| 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. (exr, ) |
| Filing 8 SEALED DOCUMENT by Plaintiff XYZ Corporation Notification of Affiliates (Carter, Alison) |
| Filing 7 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Schedule A)(Carter, Alison) |
| Filing 6 MEMORANDUM by XYZ Corporation in support of motion for leave to file #5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Attachments: #1 Declaration of Ann Marie Sullivan, #2 Declaration of Sandy Zhuang, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Carter, Alison) |
| Filing 5 MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Carter, Alison) |
| Filing 4 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) |
| Filing 3 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter (Carter, Alison) |
| Filing 2 CIVIL Cover Sheet (Carter, Alison) |
| Filing 1 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 402, receipt number AILNDC-21075234. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 - Schedule A (Redacted))(Carter, Alison) |
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| Plaintiff: XYZ Corporation | |
| Represented By: | Ann Marie Sullivan |
| Represented By: | Alison K Carter |
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| Defendant: The Partnerships and Unincorporated Associations Identified on Schedule A | |
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