Dorna Sports, S.L. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto
| Dorna Sports, S.L. |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto and The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto |
| 1:2025cv01995 |
| February 26, 2025 |
| U.S. District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Both |
Docket Report
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| Document Text |
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| Filing 20 SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit AA (Hierl, Michael) |
| Filing 19 MEMORANDUM by Dorna Sports, S.L. Plaintiff's Memorandum in Support of Joinder (Hierl, Michael) |
| Filing 18 SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Amended Schedule A (Hierl, Michael) |
| Filing 17 AMENDED complaint by Dorna Sports, S.L. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| Filing 16 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion to seal #7 . However, on review of the Complaint #1 and Schedule A #8 , the Court raises the propriety of joinder of the 50 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidence, such as screenshots of dozens and dozens of defendants' online stores, amassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." R. #1 , para. 4. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Accordingly, the Court directs Plaintiff to file, on or before 3/31/2025, a supplemental memorandum addressing the propriety of joinder. Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice. (jcm) |
| Filing 15 Notice of Claims Involving Trademarks by Dorna Sports, S.L. (Hierl, Michael) |
| Filing 14 SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 2 of Orozco Declaration (Hierl, Michael) |
| Filing 13 SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 1 of Orozco Declaration (Hierl, Michael) |
| Filing 12 MEMORANDUM by Dorna Sports, S.L. in support of motion for temporary restraining order, #11 (Attachments: #1 Declaration Orozco Declaration, #2 Exhibit 1, #3 Declaration Hierl Declaration, #4 Exhibit Hierl Exhibit 1, #5 Exhibit Hierl Exhibit 2, #6 Exhibit Hierl Exhibit 3, #7 Exhibit Hierl Exhibit 4)(Hierl, Michael) |
| Filing 11 MOTION by Plaintiff Dorna Sports, S.L. for temporary restraining order 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 (Hierl, Michael) |
| Filing 10 MOTION by Plaintiff Dorna Sports, S.L. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation (Hierl, Michael) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dorna Sports, S.L. (Hierl, Michael) |
| Filing 8 SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Sealed Schedule A (Hierl, Michael) |
| Filing 7 MOTION by Plaintiff Dorna Sports, S.L. to seal document Plaintiff's Motion for Leave to File Under Seal (Hierl, Michael) |
| Filing 6 ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by John Wilson (Wilson, John) |
| Filing 5 ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by Robert Payton Mcmurray (Mcmurray, Robert) |
| Filing 4 ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by William Benjamin Kalbac (Kalbac, William) |
| Filing 3 ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by Michael A. Hierl (Hierl, Michael) |
| Filing 2 CIVIL Cover Sheet (Hierl, Michael) |
| Filing 1 COMPLAINT filed by Dorna Sports, S.L.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23133538. (Attachments: #1 Exhibit 1)(Hierl, Michael) |
| 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. (mam, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Daniel P. McLaughlin. Case assignment: Random assignment. (Civil Category 2). (mam, ) |
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| Plaintiff: Dorna Sports, S.L. | |
| Represented By: | William Benjamin Kalbac |
| Represented By: | Robert Payton Mcmurray |
| Represented By: | John Wilson |
| Represented By: | Michael A. Hierl |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto | |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto | |
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