XYZ Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto
XYZ Corporation |
The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto |
1:2024cv01705 |
February 29, 2024 |
US District Court for the Northern District of Illinois |
Jeffrey I Cummings |
Copyright |
17 U.S.C. § 501 Copyright Infringement |
Both |
Docket Report
This docket was last retrieved on April 26, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 23 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed plaintiff's emergency motion for reconsideration #22 of its order denying plaintiff's request to proceed under a pseudonym. The Court notes that the information provided in the emergency motion was not included in plaintiff's initial motion to proceed under a pseudonym. (Compare #22 with #4 ). Plaintiff is advised that generally speaking, a motion to reconsider a non-final order under Rule 54(b) is not a vehicle for a "party to introduce new evidence or advance arguments that could and should have been presented to the district court prior to the decision to be reconsidered." Ahnert v. Emps. Ins. Co. of Wausau, No. 10-CV-156-PP, 2018 WL 2048379, at *4 (E.D.Wis. May 2, 2018) (cleaned up). Nonetheless, the Court has considered plaintiff's additional support for its request to proceed under a pseudonym (at least until the TRO can be properly effectuated) and finds that plaintiff has now presented the appropriate "extraordinary circumstances" to support that request. Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Specifically, plaintiff has shown that (1) defendants named in its multiple actions have been monitoring plaintiff's cases and have been attempting to ascertain the brand at issue, and (2) that plaintiff has been proceeding under a pseudonym in at least three other cases in this District. Thus, plaintiff's motion for reconsideration #22 is granted and the Court's 4/23/24 Order #21 is modified to reflect that plaintiff's request to proceed under a pseudonym is granted. By 5/1/24, plaintiff shall submit the proposed TRO reflecting the Amended Schedule A to the Court's proposed order inbox (Proposed_Order_Cummings@ilnd.uscourts.gov). Mailed notice (cc, ) |
Filing 22 MOTION by Plaintiff XYZ Corporation for reconsideration regarding order on sealed motion,,, order on motion to seal,,,,,,,,,,,, terminate hearings,,, set/reset hearings,, #21 Emergency (Attachments: #1 Declaration of Shawn A. Mangano ISO Motion to Reconsider, #2 Exhibit A to the Declaration of SAM ISO Emergency Motion to Reconsider)(Mangano, Shawn) |
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Filing 20 ATTORNEY Appearance for Plaintiff XYZ Corporation by Joseph Wendell Droter (Droter, Joseph) |
Filing 19 MINUTE entry before the Honorable Jeffrey I Cummings: Attorney David Silver's motion for leave to withdraw #18 is granted. Attorney Silver is terminated as counsel for plaintiff. Mailed notice (mjc, ) |
Filing 18 MOTION by Attorney David Silver to withdraw as attorney for XYZ Corporation. No party information provided (Silver, David) |
Filing 17 SEALED EXHIBIT by Plaintiff XYZ Corporation First Amended Complaint regarding MOTION by Plaintiff XYZ Corporation to seal First Amended Complaint and Exhibits 1-2 #16 , amended complaint, #13 (Attachments: #1 Exhibit 1 to the First Amended Complaint, #2 Exhibit 2 to the First Amended Complaint)(Bayramoglu, Nihat) |
Filing 16 MOTION by Plaintiff XYZ Corporation to seal First Amended Complaint and Exhibits 1-2 (Attachments: #1 Declaration of Nihat Deniz Bayramoglu in Support of Motion for Leave to File Under Seal First Amended Complaint and Exhibits 1-2)(Bayramoglu, Nihat) |
Filing 15 SEALED EXHIBIT by Plaintiff XYZ Corporation Plaintiff's Supplemental Brief submitted pursuant to Docket 12 regarding order on motion to seal,,,,, order on motion for leave to file excess pages,,,,, order on motion for temporary restraining order,,,,, set/reset hearings,,,, #12 (Attachments: #1 Declaration of Nihat Deniz Bayramoglu ISO of Supplemental Brief)(Bayramoglu, Nihat) |
Filing 14 MOTION by Plaintiff XYZ Corporation to seal Supplemental Brief (Attachments: #1 Declaration of Nihat Deniz Bayramoglu for Leave to File Supplemental Brief Under Seal)(Bayramoglu, Nihat) |
Filing 13 FIRST AMENDED complaint by XYZ Corporation against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto (Attachments: #1 Exhibit 1 to the First Amended Complaint, #2 Exhibit 2 to the First Amended Complaint)(Bayramoglu, Nihat) |
Filing 12 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion for leave to file excess pages #7 is granted. Plaintiff's motions for leave to file under seal #5 #6 , and plaintiff's motion for temporary restraining order #8 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of over 800 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D.Ill. 2020). By 3/26/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Status hearing set for 4/26/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) |
Filing 11 ATTORNEY Appearance for Plaintiff XYZ Corporation by Yasasvin Nandish Wijetilleke (Wijetilleke, Yasasvin Nandish) |
Filing 10 ATTORNEY Appearance for Plaintiff XYZ Corporation by David Silver (Silver, David) |
Filing 9 ATTORNEY Appearance for Plaintiff XYZ Corporation by Gokalp Bayramoglu (Bayramoglu, Gokalp) |
Filing 8 MOTION by Plaintiff XYZ Corporation for temporary restraining order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION [REDACTED] (Attachments: #1 Declaration of Nihat Deniz Bayramoglu in Support of Motion for TRO [Redacted], #2 Exhibit 1 to the Declaration of Nihat Deniz Bayramoglu, #3 Exhibit 2 to the Declaration of Nihat Deniz Bayramoglu, #4 Exhibit 3 to the Declaration of Nihat Deniz Bayramoglu, #5 Exhibit 4 to the Declaration of Nihat Deniz Bayramoglu, #6 Exhibit 5 to the Declaration of Nihat Deniz Bayramoglu, #7 Exhibit 6 to the Declaration of Nihat Deniz Bayramoglu, #8 Exhibit 7 to the Declaration of Nihat Deniz Bayramoglu)(Bayramoglu, Nihat) |
Filing 7 MOTION by Plaintiff XYZ Corporation for leave to file excess pages for the Memorandum in Support of Motion for Temporary Restraining Order (Bayramoglu, Nihat) |
Filing 6 SEALED EXHIBIT by Plaintiff XYZ Corporation Complaint for Copyright Infringement (Attachments: #1 Exhibit 1 to the Complaint, #2 Exhibit 2 to the Complaint, #3 Exhibit Motion for TRO, #4 Declaration of Nihat Deniz Bayramoglu in Support of Motion for TRO, #5 Exhibit 7 to the Declaration of Nihat Deniz Bayramoglu in Support of Motion for TRO, #6 Exhibit Notification of Affiliates)(Bayramoglu, Nihat) |
Filing 5 MOTION by Plaintiff XYZ Corporation to seal (Attachments: #1 Declaration of Nihat Deniz Bayramoglu in Support of Motion for Leave to File Under Seal [Public], #2 Exhibit A to the Declaration of Nihat Deniz Bayramoglu [Public])(Bayramoglu, Nihat) |
Filing 4 SEALED MOTION by Plaintiff XYZ Corporation (Attachments: #1 Declaration of Nihat Deniz Bayramoglu in Support of Motion for Leave to File Under Seal, #2 Exhibit A to the Declaration of Nihat Deniz Bayramoglu)(Bayramoglu, Nihat) |
Filing 3 ATTORNEY Appearance for Plaintiff XYZ Corporation by Nihat Deniz Bayramoglu (Bayramoglu, Nihat) |
Filing 2 CIVIL Cover Sheet (Bayramoglu, Nihat) |
Filing 1 COMPLAINT filed by XYZ Corporation; Jury Demand. Filing fee $ 405, receipt number AILNDC-21691578. (Attachments: #1 Exhibit 1 to the Complaint, #2 Exhibit 2 to the Complaint)(Bayramoglu, Nihat) |
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 Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). (jxm, ) |
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Plaintiff: XYZ Corporation | |
Represented By: | Nihat Deniz Bayramoglu |
Represented By: | David Silver |
Represented By: | Gokalp Bayramoglu |
Represented By: | Joseph Wendell Droter |
Represented By: | Yasasvin Nandish Wijetilleke |
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Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto | |
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