XYZ Co., Ltd. v. The Partnerships, and Unincorporated Associations identified on Schedule A
| XYZ Co., Ltd. and Shenzhen Kashameiya Industrial Co., Ltd. |
| The Partnerships, and Unincorporated Associations identified on Schedule A |
| 1:2024cv07310 |
| August 15, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Copyright |
| 17 U.S.C. ยง 101 Copyright Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 9 SEALED DOCUMENT by Plaintiff Shenzhen Kashameiya Industrial Co., Ltd. Amended Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zhou, Huicheng) |
| Filing 8 MAILED Copyright Request Letter to Plaintiff's counsel. (aee, ) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to seal and to proceed under a pseudonym #3 is granted and denied in part. The motion to temporarily proceed under a pseudonym is denied. The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires the plaintiff to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical "Schedule A" online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21-CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing a sealed schedule A, "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The plaintiff's motion identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, the plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 8/23/2024. However, the motion to file under seal is granted. As such, the plaintiff's unredacted Schedule A #6 , which has been temporarily sealed, is permitted to remain under seal. The plaintiff is further permitted to file an unredacted version of the complaint, including the corresponding exhibits, under seal. Mailed notice (air, ) |
| Filing 6 Schedule A by XYZ Co., Ltd. (Zhou, Huicheng) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). (bi, ) |
| 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. (bi, ) |
| Filing 5 CIVIL Cover Sheet (Zhou, Huicheng) |
| Filing 4 MEMORANDUM by XYZ Co., Ltd. in support of motion to seal #3 (Zhou, Huicheng) |
| Filing 3 MOTION by Plaintiff XYZ Co., Ltd. to seal (Zhou, Huicheng) |
| Filing 2 ATTORNEY Appearance for Plaintiff XYZ Co., Ltd. by Huicheng Zhou (Zhou, Huicheng) |
| Filing 1 COMPLAINT filed by XYZ Co., Ltd.; Filing fee $ 405, receipt number BILNDC-22368499. (Attachments: #1 Schedule A, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2)(Zhou, Huicheng) |
| NEW PARTIES: The Partnerships, and Unincorporated Associations identified on Schedule A added to case caption. (Zhou, Huicheng) |
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| Defendant: The Partnerships, and Unincorporated Associations identified on Schedule A | |
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| Plaintiff: XYZ Co., Ltd. | |
| Represented By: | Huicheng Zhou |
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| Plaintiff: Shenzhen Kashameiya Industrial Co., Ltd. | |
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