Bastos v. The Partnerships and Unincorporated Associations Identified on Schedule A
| Rafael Marcio Melillo Bastos |
| The Partnerships and Unincorporated Associations Identified on Schedule A, Fhwiwoehgwohg, Duanmuci, HZMSYQ, YATGAO, shanzshanmsh, zhen1991HN, Defendant 1, Defendant 6 and Defendant 8 |
| 1:2024cv00609 |
| January 23, 2024 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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| Filing 40 NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 3 Duanmuci (Vogt, Keith) |
| Filing 39 NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment, #37 before Honorable LaShonda A. Hunt on 4/3/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 38 MEMORANDUM by Rafael Marcio Melillo Bastos in support of motion for default judgment, #37 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 37 MOTION by Plaintiff Rafael Marcio Melillo Bastos for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 36 MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case #35 . Summons were issued on 2/20/24, and Defendants' responses to the complaint are due by 3/19/24 #31 . By 4/19/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. (cdh, ) |
| Filing 35 PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 3/7/2024. Emailed notice. (cdh, ) |
| Filing 34 MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Defendants failed to appear. Before the Court is Plaintiff's [corrected] motion for a preliminary injunction #28 , which the Court now considers unopposed because no Defendant filed a notice of objection by the 3/6/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO #24 #25 , the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established #33 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Second Amended Schedule A #21 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) |
| NEW PARTIES: Fhwiwoehgwohg, Duanmuci, HZMSYQ, YATGAO, shanzshanmsh, zhen1991HN, Defendant 1, Defendant 6 and Defendant 8 added to case caption. (Vogt, Keith) |
| Filing 33 CERTIFICATE of Service by Plaintiff Rafael Marcio Melillo Bastos regarding order on motion for preliminary injunction,,,,,,,,,,,,,, terminate hearings,,,,,,, terminate motions,,,,,,, set motion and R&R deadlines/hearings,,,,,, #32 (Vogt, Keith) |
| Filing 32 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's [Corrected] Motion for Preliminary Injunction #28 is taken under advisement. A telephonic motion hearing is set for 3/7/24 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 3/6/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering 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. No appearance is necessary on 3/5/24. Plaintiff's Motion for Entry of a Preliminary Injunction #27 is terminated as moot. Emailed notice. (cdh, ) |
| Filing 31 SUMMONS Returned Executed by Rafael Marcio Melillo Bastos as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/27/2024, answer due 3/19/2024. (Attachments: #1 Declaration of Service, #2 Exhibit 1, of Declaration of Service)(Vogt, Keith) |
| Filing 30 NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction #28 before Honorable LaShonda A. Hunt on 3/5/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 29 MEMORANDUM by Rafael Marcio Melillo Bastos in support of motion for preliminary injunction #28 (Attachments: #1 Declaration of Keith A. Vogt, #2 Exhibit 1, of Keith A. Vogt's declaration)(Vogt, Keith) |
| Filing 28 MOTION by Plaintiff Rafael Marcio Melillo Bastos for preliminary injunction [Corrected] Plaintiff's Motion for Entry of a Preliminary Injunction (Attachments: #1 Exhibit 1)(Vogt, Keith) |
| Filing 27 MOTION by Plaintiff Rafael Marcio Melillo Bastos for preliminary injunction (Vogt, Keith) |
| Filing 26 SURETY BOND in the amount of $ 10,000 posted by Rafael Marcio Melillo Bastos (Document not scanned.) (lw, ) |
| Filing 25 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 2/20/2024. Emailed to Plaintiff's counsel. (cdh, ) |
| Filing 24 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery and service of process by email and/or electronic publication 15 is granted as follows. 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, ) |
| SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jxm, ) |
| Filing 23 AMENDED EXHIBIT 2 by Plaintiff Rafael Marcio Melillo Bastos Amended Sealed Exhibit 2, Declaration of Rafael Marcio Melillo Bastos regarding exhibit #17 , memorandum in support of motion, #16 , declaration #22 . (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 3/14/2024 (jh, ). |
| Filing 22 DECLARATION of Keith A. Vogt regarding sealed document #21 , order on motion for exparte,,,,,,, text entry,,,,,, #20 (Attachments: #1 Exhibit 1, Declaration of Keith A. Vogt)(Vogt, Keith) |
| Filing 21 SECOND AMENDED SCHEDULE A by Plaintiff Rafael Marcio Melillo Bastos Second Amended Schedule A to Complaint #1 and Schedule A to Complaint #2 and Amended Schedule A to Complaint #12 . (Vogt, Keith) Modified on 3/14/2024 (jh, ). |
| Filing 20 MINUTE entry before the Honorable LaShonda A. Hunt: After reviewing the complaint #1 and noting that Plaintiff names 40 defendants in this single case #12 and seeks ex parte TRO relief against each of them 15 , the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps. Ltd. Liab. Cos., P'ships and Unincorporated Ass'ns Identified on Schedule "A," 21-cv-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/14/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal a second amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on second amended Schedule A. The motion for a TRO 15 will remain under advisement until the joinder issue is resolved. Emailed notice. (cdh, ) |
| Filing 19 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal #13 and motion for leave to exceed page limitation #14 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 15 is taken under advisement. No appearance is necessary on 1/31/24. Emailed notice. (cdh, ) |
| Filing 18 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 LaShonda A. Hunt on 1/31/2024 at 10:00 AM. (Vogt, Keith) |
| Filing 17 EXHIBIT 2 by Plaintiff Rafael Marcio Melillo Bastos Sealed Exhibit 2, Declaration of Rafael Marcio Melillo Bastos regarding memorandum in support of motion, #16 . (Attachments: #1 Exhibit 2-1)(Vogt, Keith) Modified on 3/14/2024 (jh, ). |
| 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 Rafael Marcio Melillo Bastos, #4 Exhibit 1, of Rafael Marcio Melillo Bastos' declaration)(Vogt, Keith) |
| Filing 14 MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file excess pages (Vogt, Keith) |
| Filing 13 MOTION by Plaintiff Rafael Marcio Melillo Bastos for leave to file under seal (Vogt, Keith) |
| Filing 12 AMENDED SCHEDULE A by Plaintiff Rafael Marcio Melillo Bastos [Amended] Schedule A to Complaint #1 and Schedule A #2 . (Vogt, Keith) Modified on 3/14/2024 (jh, ). |
| Filing 11 ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Christopher Romero (Romero, Christopher) |
| Filing 10 ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Monica Rita Martin (Martin, Monica) |
| Filing 9 ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Cameron Eugene Mcintyre (Mcintyre, Cameron) |
| Filing 8 ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Adam Grodman (Grodman, Adam) |
| Filing 7 ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yi Bu (Bu, Yi) |
| Filing 6 ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Yanling Jiang (Jiang, Yanling) |
| Filing 5 MAILED copyright report to Registrar, Washington DC (jb, ) |
| 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. (jcc, ) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). (jcc, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Rafael Marcio Melillo Bastos by Keith A. Vogt (Vogt, Keith) |
| Filing 3 CIVIL Cover Sheet (Vogt, Keith) |
| Filing 2 SEALED DOCUMENT by Plaintiff Rafael Marcio Melillo Bastos Schedule A to Complaint #1 (Vogt, Keith) |
| Filing 1 COMPLAINT filed by Rafael Marcio Melillo Bastos; Filing fee $ 405, receipt number AILNDC-21559608. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vogt, Keith) |
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