MAILED copyright report to Registrar, Washington DC

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff has filed a notice of voluntary dismissal 43, which is self-effectuating under Rule 41(a)(1)(A)(i). All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice

NOTICE of Voluntary Dismissal by Sharp Shirter, Inc.

MINUTE entry before the Honorable Jeffrey I Cummings: By 10/18/24, plaintiff shall file a joint status report regarding any ongoing efforts to resolve this matter or whether plaintiff intends to move for default. The 10/7/24 tracking status hearing is stricken and re-set to 11/8/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

MINUTE entry before the Honorable Jeffrey I Cummings: The 8/9/24 tracking status hearing is stricken and re-set to 10/7/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.

PRELIMINARY INJUNCTION Order. Signed by the Honorable Jeffrey I Cummings on 8/8/2024. Mailed notice.

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been reassigned to the calendar of Judge Jeffrey I. Cummings. The 7/26/24 deadline for the filing of any objections to plaintiff's motion for preliminary injunction stands. Status hearing set for 8/9/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice.

EXECUTIVE COMMITTEE ORDER: The Honorable Nancy L. Maldonado has been confirmed for a seat on the Court of Appeals for the Seventh Circuit. It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings. Honorable Nancy L. Maldonado no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 7/10/2024.

CERTIFICATE of Service of Dkt 34 and Dkt 35 by Mackenzie Paladino on behalf of Sharp Shirter, Inc. regarding text entry, 35

MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for preliminary injunction 34. By 7/12/2024, Plaintiff shall file a certificate of service confirming that it has served Defendants with the motion for preliminary injunction, memorandum in support of the motion, and a copy of this minute order. Defendant shall have until 7/26/2024 to appear and object to the entry of a preliminary injunction. If no such objection is filed, the preliminary injunction may be entered. In light of the time given for Defendants to appear and object, the sealed temporary restraining order 31 is extended until 7/26/2024.

MOTION by Plaintiff Sharp Shirter, Inc. for preliminary injunction

附件：

1:(Declaration of Mackenzie Paladino)
2:Memorandum in Support of Motion

SUMMONS Returned Executed by Sharp Shirter, Inc. as to The Partnerships and Unincorporated Associations Identified in Schedule A on 7/3/2024, answer due 7/24/2024.

REGISTRY DEPOSIT INFORMATION FORM by Sharp Shirter, Inc. (Received in mailroom on 06/25/2024).

Civil Bond BOND in the amount of $ 1000.00 company check, receipt no. 100007651, posted by Sharp Shirter, Inc.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Nancy L. Maldonado on 6/20/2024.

MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for leave to seal Schedule A to the second amended complaint, the exhibits attached to the second amended complaint 26, and plaintiff's third motion for temporary restraining order 27. The motion 29 is granted for the reasons stated in the motion. The motion for temporary restraining order 27 is granted for the reasons stated in the motion. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendant to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendant, stopping Defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiffs shows a substantial likelihood of success on the merits (including evidence of active infringement), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendant and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Plaintiff shall deposit with the Court a $1,000 bond as security.

MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's sealed unredacted second amended complaint 26 and sealed motion for temporary restraining order 27. Plaintiff, however, has not filed a motion seeking leave to file these documents under seal. By 6/20/2024, Plaintiff shall file a motion for leave to file under seal, at which point the Court will address the motions.

SEALED MOTION by Plaintiff Sharp Shirter, Inc. -- Third Motion 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

附件：

1:(Exhibit 1 to Declaration of Mackenzie Paladino)
2:Declaration of Mackenzie Paladino
3:Declaration of Dan Lachman
4:Memorandum in Support of Motion

SEALED DOCUMENT by Plaintiff Sharp Shirter, Inc. -- Unredacted Second Amended Complaint

附件：

1:(Schedule A to Second Amended Complaint)
2:Exhibit B to Second Amended Complaint
3:Exhibit A to Second Amended Complaint

Second AMENDED complaint by Sharp Shirter, Inc. against The Partnerships and Unincorporated Associations Identified in Schedule A

MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Plaintiff's supplemental memorandum on joinder and considered the arguments and authority cited therein 22. This Court follows the reasoning outlined in decisions such as Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) and 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), in which courts rejected the joinder of numerous defendants in similar counterfeit products cases. Based on the reasoning and standards employed in those cases, Plaintiff has not shown that the joinder of these 51 defendants, who are selling different counterfeit products (e.g. puzzles, clothing, and household items) on different pages on the same generic platform (Amazon), is proper. In short, well-established case law in this District, supported by authority from the Federal Circuit, holds that the mere fact that multiple defendants are alleged to have infringed the same copyright, trademark, or patent, does not support joinder of those defendants in the same action. See Estee Lauder, 334 F.R.D. at 187 (collecting cases). Further, for the same reasons outlined in cases such as Estee Lauder and Art Ask Agency, the Court is not persuaded here that the generic allegations that all 51 defendants employ common tactics of evasion, similar advertising and marketing strategies, that they often employ common design elements or templates, or that they operate on the same generic third-party platform are sufficient to support joinder of all 51 defendants in a single action. While the Court acknowledges the liberal notice pleading standards, the Court finds that Plaintiff has not shown that each and every one of the 51 listed defendants is properly joined in this case under Fed. R. Civ. P. 20(a)(2). The Court also cannot conclude that joinder of all 51 defendants would promote judicial economy, but rather shifts burdens to the judiciary and away from plaintiff. See Art Ask Agency, 2021 WL 5493226, at *3. Therefore, by 6/13/24, Plaintiff must file an amended complaint and Schedule A of defendants who are properly joined based on the standards outlined in Estee Lauder and Art Ask Agency. If Plaintiff seeks to name more than one defendant, the amended complaint must be accompanied by another memorandum explaining the propriety of joinder of the multiple defendants under the reasoning of Estee Lauder and Art Ask Agency. For these reasons, Plaintiff's motions for entry of a temporary restraining order are denied 9 23.

SEALED MOTION by Plaintiff Sharp Shirter, Inc. -- Second Motion for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail and/or Electronic Publication

附件：

1:(Exhibit 1 to Declaration of Mackenzie Paladino)
2:Declaration of Mackenzie Paladino
3:Declaration of Dan Lachman
4:Memorandum in Support of Second Motion

SUPPLEMENT to order on motion for exparte, text entry, 14 -- Plaintiff's Supplemental Memorandum Establishing Joinder Is Proper

SEALED DOCUMENT by Plaintiff Sharp Shirter, Inc. -- (Unredacted) First Amended Complaint

附件：

1:Exhibit B to First Amended Complaint
2:(Schedule A to First Amended Complaint)
3:Exhibit A to First Amended Complaint

First AMENDED complaint by Sharp Shirter, Inc. against The Partnerships and Unincorporated Associations Identified in Schedule A

MINUTE entry before the Honorable Nancy L. Maldonado:The Court has reviewed Plaintiff's motion to vacate the joint initial status report letter deadline 18. For the reasons stated in the motion, the Court grants the motion and vacates the 2/27/24 deadline to file an Initial Status Report.

MOTION by Plaintiff Sharp Shirter, Inc. to vacate Joint Initial Status Report Letter Deadline (Dkt. No. 8)

MINUTE entry before the Honorable Nancy L. Maldonado:The Court has reviewed Plaintiff's motion for extension of time to file or to file under seal the required copyright report [15]. For the reasons stated therein, the Court grants Plaintiff's motion to file the copyright report under seal.

MOTION by Plaintiff Sharp Shirter, Inc. for extension of time to file or to file under seal the required copyright report mandated by Dkt. No. 11

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file under seal 7 is granted. Plaintiff's current Schedule A lists 70 defendants. Plaintiff shall review the opinion in Estee Lauder Cosmetics Ltd. v. The P'ships & Uninc. Ass'ns Identified on Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020), and file a supplemental memorandum addressing the propriety of joinder of all 70 defendants by 3/7/24. By the same deadline, Plaintiff may file an amended complaint with a subset of the defendants along with a memo explaining why joinder of those particular defendants is proper. The Court reserves ruling on the motion for temporary restraining order until the issue of joinder is resolved.

MINUTE entry before the Honorable Nancy L. Maldonado: Motion for leave to appear pro hac vice by Trevor W. Barrett [10] is granted.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21630185.

SEALED MOTION by Plaintiff Sharp Shirter, Inc. 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 (Attachments: # (1) Memorandum in Support of Motion, # (2) Declaration of Dan Lachman, # (3) Declaration of Mackenzie Paladino, # (4) Exhibit 1 to Declaration of Mackenzie Paladino)

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.

CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 3).

Report on the Filing or Determination of an Action Regarding a Copyright by Sharp Shirter, Inc.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sharp Shirter, Inc.

CIVIL Cover Sheet

SEALED DOCUMENT by Plaintiff Sharp Shirter, Inc. -- Schedule A to Complaint

SEALED DOCUMENT by Plaintiff Sharp Shirter, Inc. -- (Unredacted) Complaint

附件：

1:(Exhibit B to Complaint)
2:Exhibit A to Complaint

COMPLAINT filed by Sharp Shirter, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21479054.