Xie v. The Entities and Individuals Identified in Annex A
| Wenjie Xie |
| The Entities and Individuals Identified in Annex A |
| 1:2024cv09064 |
| September 27, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Georgia N Alexakis |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 23 SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Georgia N Alexakis on 11/22/24.(ca, ) |
| Filing 22 MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for alternative service #19 , motion to seal #20 , and ex parte motion for a temporary restraining order #18 are granted. No appearance is necessary on 11/25/24. 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. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. 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 defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will take a fresh look at issues related to the asset freeze, joinder, and personal jurisdiction. The Court finds that security in the amount of $1,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. (ca, ) |
| Filing 21 NOTICE of Motion by Ge Lei for presentment of motion to seal #20 , Sealed motion, #18 , motion for miscellaneous relief #19 before Honorable Georgia N Alexakis on 11/25/2024 at 09:30 AM. (Lei, Ge) |
| Filing 20 MOTION by Plaintiff Wenjie Xie to seal documents (Lei, Ge) |
| Filing 19 MOTION by Plaintiff Wenjie Xie for Alternative Service (Attachments: #1 Supplement, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lei, Ge) |
| Filing 18 SEALED MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery (Attachments: #1 Supplement, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Lei, Ge) |
| Filing 17 SEALED DOCUMENT by Plaintiff Wenjie Xie Amended Complaint (Attachments: #1 Appendix, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Lei, Ge) |
| Filing 16 MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 11/14/24. No defendants present. Plaintiff's motion for alternative service #8 #12 is denied, without prejudice to renewal. Plaintiff's motion for a temporary restraining order #7 is denied, without prejudice to renewal. For the reasons reflected on the record, the Court finds that, based on the record before it, defendants in this matter have not been properly joined under Federal Rule of Civil Procedure 20. Plaintiff may file an amended complaint to try and cure the joinder-related deficiency by 12/2/24. (ca, ) |
| Filing 15 NOTICE of Motion by Ge Lei for presentment of motion for miscellaneous relief #12 , Sealed motion, #7 before Honorable Georgia N Alexakis on 11/14/2024 at 09:30 AM. (Lei, Ge) |
| Filing 14 SEALED DOCUMENT by Plaintiff Wenjie Xie Supplemental Memorandum in support of Joinder (Lei, Ge) |
| Filing 13 MAILED Copyright Request Letter to Plaintiff's counsel Ge Lei. (jn,) |
| Filing 12 MOTION by Plaintiff Wenjie Xie for alternative service (Attachments: #1 Supplement, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lei, Ge) |
| Filing 11 MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for leave to file under seal #9 is granted in part and denied in part. Plaintiff is granted leave to file the following documents under seal: sealed Annex A #2 , plaintiff's Sealed Complaint #6 , and plaintiff's motion for an ex parte temporary restraining order #7 . Plaintiff is directed to file publicly its motion for alternative service #8 on or before 10/21/24. That motion does not identify the individual defendants or set out evidence showing those defendants' online seller alias listings, which are the only bases plaintiff asserts for seeking leave to file the motion under seal. Plaintiff's motion for an ex parte temporary restraining order is taken under advisement. Upon review of the complaint, the Court sua sponte raises the propriety of joining 60 defendants in a single action. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 11/15/24, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff may also want to review the Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed its joinder-related concerns in cases of this size and type and also discussed its expectation that plaintiffs pinpoint those portions of the record that support a plaintiff's joinder-related assertions. In the alternative, plaintiff has leave to file an amended complaint by 11/11/24 with a smaller subset of defendants along with a memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. No appearance is required on 10/21/24. (ca, ) |
| Filing 10 NOTICE of Motion by Ge Lei for presentment of Sealed motion #8 , motion to seal document #9 , Sealed motion, #7 before Honorable Georgia N Alexakis on 10/21/2024 at 09:30 AM. (Lei, Ge) |
| Filing 9 MOTION by Plaintiff Wenjie Xie to seal document (Lei, Ge) |
| Filing 8 SEALED MOTION by Plaintiff Wenjie Xie for Alternative Service (Attachments: #1 Supplement, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lei, Ge) |
| Filing 7 SEALED MOTION by Plaintiff Wenjie Xie for Ex Parte Temporary Restraining Order, including a temporary injunction, temporary asset restraint, and limited expedited discovery (Attachments: #1 Supplement, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Lei, Ge) |
| Filing 6 SEALED DOCUMENT by Plaintiff Wenjie Xie Sealed Complaint (Attachments: #1 Appendix, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Lei, Ge) |
| Filing 5 MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 12/10/24 at 9:30 a.m. in person in Courtroom 1719. By 12/3/24,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report. (ca, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Wenjie Xie by Ge Lei (Lei, Ge) |
| Filing 3 CIVIL Cover Sheet (Lei, Ge) |
| Filing 2 SEALED EXHIBIT by Plaintiff Wenjie Xie Annex A regarding complaint #1 (Lei, Ge) |
| Filing 1 COMPLAINT filed by Wenjie Xie; Jury Demand. Filing fee $ 405, receipt number AILNDC-22531346.(Lei, Ge) |
| 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. (men, ) |
| CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (men, ) |
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| Plaintiff: Wenjie Xie | |
| Represented By: | Ge Lei |
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| Defendant: The Entities and Individuals Identified in Annex A | |
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