Roadget Business Pte. Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto
| Roadget Business Pte. Ltd. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto |
| 1:2023cv16262 |
| November 27, 2023 |
| US District Court for the Northern District of Illinois |
| Jeffrey I Cummings |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 40 MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' unopposed motion for extension of time to answer or otherwise plead #37 is granted. Defendants No. 1-8, 10-12, 14, 16-18, 20, and 22-29 shall to answer or otherwise plead by 2/13/24. Mailed notice (cc, ) |
| Filing 39 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto (Fahy, Christopher) |
| Filing 38 RESPONSE by The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Heretoin Opposition to MOTION by Plaintiff Roadget Business Pte. Ltd. for preliminary injunction #21 (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 1C, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22)(Fahy, Christopher) |
| Filing 37 MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto for extension of time to file answer or otherwise plead (UNOPPOSED) (Fahy, Christopher) |
| Filing 36 MINUTE entry before the Honorable Jeffrey I Cummings: The 1/19/24 tracking status hearing is stricken and will be re-set at a later date. Mailed notice (cc, ) |
| Filing 35 MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' unopposed motions for extension of time to file responses to plaintiff's motion for preliminary injunction #29 #33 are granted. Defendant Nos. 1-7, 8, 10-12, 14, 16, 17, 18, 20 and 22-29 shall respond to the motion for preliminary injunction by 1/24/24. Mailed notice (air, ) |
| Filing 34 ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto by William W. Flachsbart (Flachsbart, William) |
| Filing 33 MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto for extension of time For Defendants 8 and 17 in Schedule A to the Complaint TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (UNOPPOSED) (Fahy, Christopher) |
| Filing 32 ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto by Christopher James Fahy Amended to include Defendants 8 and 17 in Schedule A to the Complaint (Fahy, Christopher) |
| Filing 31 RESPONSE by Roadget Business Pte. Ltd. to MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto for extension of time TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTIO #29 (Horowitz, Steven) |
| Filing 30 ATTORNEY Appearance for Plaintiff Roadget Business Pte. Ltd. by Matthew D. Binder (Binder, Matthew) |
| Filing 29 MOTION by Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto for extension of time TO FILE RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION (Fahy, Christopher) |
| Filing 28 ATTORNEY Appearance for Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto by Christopher James Fahy Defendants 1-7, 10-12, 14, 16, 18, 20, and 22-29 in Schedule A to the Complaint. (Fahy, Christopher) |
| Filing 27 DECLARATION of Deepa A. Chari regarding order on motion for preliminary injunction,,,,, text entry,,,, #25 (Attachments: #1 Exhibit A)(Chari, Deepa) |
| Filing 26 SUMMONS Returned Executed by Roadget Business Pte. Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto on 1/2/2024, answer due 1/23/2024. (Attachments: #1 Declaration of Deepa A. Chari, #2 Exhibit A)(Chari, Deepa) |
| Filing 25 MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction #21 . In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by or before January 10, 2024." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 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. Mailed notice (ec) |
| SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto (mek) |
| Filing 24 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 23 DECLARATION of Deepa A. Chari regarding motion for preliminary injunction #21 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Chari, Deepa) |
| Filing 22 MEMORANDUM by Roadget Business Pte. Ltd. in support of motion for preliminary injunction #21 (Horowitz, Steven) |
| Filing 21 MOTION by Plaintiff Roadget Business Pte. Ltd. for preliminary injunction (Attachments: #1 Text of Proposed Order)(Horowitz, Steven) |
| Filing 20 MAILED copyright report to Registrar, Washington DC. (daj, ) |
| Filing 19 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion to extend the temporary restraining order 17 is granted. The previously entered TRO #12 is extended to 1/2/24. The 12/29/23 tracker status hearing is stricken and re-set to 1/19/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
| Filing 18 MEMORANDUM in support of Plaintiff's ex parte motion to extend the temporary restraining order (Horowitz, Steven) |
| Filing 16 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion to unseal documents #15 is granted. The Clerk's Office is directed to unseal docket entries #5 , #9 , #10 , and #12 and all of the attached exhibits. Mailed notice (cc, ) |
| Filing 15 MOTION by Plaintiff Roadget Business Pte. Ltd. to unseal document (Horowitz, Steven) |
| Filing 14 ATTORNEY Appearance for Plaintiff Roadget Business Pte. Ltd. by Deepa Arundati Chari (Chari, Deepa) |
| Filing 13 REGISTRY DEPOSIT INFORMATION FORM by Roadget Business Pte. Ltd. (daj, ) |
| BOND in the amount of $ 10,000.00 cashier's check, Receipt No. 100000168, posted by Roadget Business Pte. Ltd. (lm, ) |
| Filing 12 TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 12/5/2023. Mailed notice(mjc, ) Modified on 12/21/2023 (daj, ). |
| Filing 11 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motions for leave to file under seal #4 #8 and ex parte motion for a temporary restraining order #9 , including a temporary injunction, a temporary asset restraint, expedited discovery, and electronic service of process, are granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary 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 file under seal the documents identified in the motions to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 12/29/23 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (mjc, ) |
| Filing 10 DOCUMENT by Plaintiff Roadget Business Pte. Ltd. Memorandum in support of its ex parte motion for entry of a temporary restraining order (Attachments: #1 Declaration of Tim Wei, #2 Declaration of Steven J. Horowitz, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Horowitz, Steven) Modified on 12/21/2023 (daj, ). |
| Filing 9 MOTION by Plaintiff Roadget Business Pte. Ltd. ex parte motion for entry of a temporary restraining order (Attachments: #1 Text of Proposed Order)(Horowitz, Steven) Modified on 12/21/2023 (daj, ). |
| Filing 8 MOTION by Plaintiff Roadget Business Pte. Ltd. to seal (Motion for leave to file motion for temporary restraining order and supporting papers under seal) (Horowitz, Steven) |
| Filing 7 MEMORANDUM by Roadget Business Pte. Ltd. in support of motion for temporary restraining order #6 (Redacted Version) (Attachments: #1 Declaration of Tim Wei, #2 Declaration of Steven J. Horowitz, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)(Horowitz, Steven) |
| Filing 6 MOTION by Plaintiff Roadget Business Pte. Ltd. for temporary restraining order (Redacted Version) (Attachments: #1 Text of Proposed Order)(Horowitz, Steven) |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 3). (mcp, ) |
| 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, ) |
| Filing 5 DOCUMENT by Plaintiff Roadget Business Pte. Ltd. Sealed Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Horowitz, Steven) Modified on 12/21/2023 (daj, ). |
| Filing 4 MOTION by Plaintiff Roadget Business Pte. Ltd. to seal (Horowitz, Steven) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roadget Business Pte. Ltd. (Horowitz, Steven) |
| Filing 2 ATTORNEY Appearance for Plaintiff Roadget Business Pte. Ltd. by Steven Joseph Horowitz (Horowitz, Steven) |
| Filing 1 COMPLAINT (REDACTED) filed by Roadget Business Pte. Ltd.; Jury Demand. Filing fee $ 402, receipt number AILNDC-21364655. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Horowitz, Steven) |
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| Plaintiff: Roadget Business Pte. Ltd. | |
| Represented By: | Steven Joseph Horowitz |
| Represented By: | Deepa Arundati Chari |
| Represented By: | Matthew D. Binder |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, And Unincorporated Associations Identified On Schedule A Hereto | |
| Represented By: | Christopher James Fahy |
| Represented By: | William W. Flachsbart |
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