DCSTAR, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A
| XYZ Corporation |
| The Partnerships and Unincorporated Associations Identified on Schedule A |
| 1:2023cv13948 |
| September 20, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 25 CERTIFICATE of Service of Minute Entry #24 by Alison K Carter on behalf of XYZ Corporation (Carter, Alison) |
| Filing 24 MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction #21 under advisement and will consider the motion unopposed if no defendant appears and objects by 11/20/2023. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's orders entering and extending the TRO, as well as in Plaintiff's motion for preliminary injunction #21 , the TRO is further extended to and including the date on which 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 FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. (rao, ) |
| Filing 23 SUMMONS Returned Executed by XYZ Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/8/2023, answer due 11/29/2023. (Attachments: #1 Declaration of Service)(Carter, Alison) |
| Filing 22 MEMORANDUM by XYZ Corporation in support of motion for preliminary injunction #21 (Attachments: #1 Declaration of Ann Marie Sullivan)(Carter, Alison) |
| Filing 21 MOTION by Plaintiff XYZ Corporation for preliminary injunction (Carter, Alison) |
| Filing 20 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the TRO #19 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for 14 days to prevent defendants from transferring assets from their U.S. based financial accounts, modifying the names of their internet stores, or removing their internet stores from their current platforms. The court's TRO #17 entered on 10/16/2023 is extended until 11/13/2023. (rao, ) |
| Filing 19 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) |
| Filing 18 SURETY BOND in the amount of $ 10,000 posted by XYZ Corporation. (nsf, ) (Document not imaged) |
| Filing 17 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 10/16/2023: (rao, ) |
| Filing 16 MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions #9 , #11 filed by plaintiff, the supporting memoranda #10 , #12 and the temporary restraining order, plaintiff's motions for electronic service of process #11 , and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery #9 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 defendants, stopping defendants' 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. (rao, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (gmm, ) |
| Filing 15 AMENDED complaint by XYZ Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: #1 Exhibit 1)(Carter, Alison) |
| Filing 14 MAILED Copyright Request letter to counsel of record (nsf, ) |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's motion to file certain documents under seal and to temporarily proceed under a pseudonym #5 , as well as the accompanying memorandum #6 . The motion to file certain documents under seal and to temporarily proceed under a pseudonym #5 is granted in part and denied in part. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested temporary restraining order, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the court. Conversely, there are no exceptional circumstances that would justify allowing plaintiff to conceal its own identity. Given these protections for plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the court to deny plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Accordingly, plaintiff must file an amended complaint disclosing its name and asserted copyrights by 10/10/2023. (rao, ) |
| Filing 12 MEMORANDUM by XYZ Corporation in support of motion for miscellaneous relief #11 for Electronic Service of Process (Attachments: #1 Declaration in Support of Motion, #2 Exhibit 1-4)(Carter, Alison) |
| Filing 11 MOTION by Plaintiff XYZ Corporation for Electronic Service of Process (Carter, Alison) |
| Filing 10 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 - Part One, #4 Exhibit 2 - Part Two)(Carter, Alison) |
| Filing 9 SEALED MOTION by Plaintiff XYZ Corporation for Temporary Restraining Order (Carter, Alison) |
| 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. (jxm, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jxm, ) |
| 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-21118386. (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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