Order

PAPERLESS ORDER extending the Temporary Restraining Order 17 by 14 days. The Court issued a sealed, ex parte Temporary Restraining Order ("TRO") on April 17, 2025, which is set to expire on April 30, 2025. Today, the Court learned that the parties have not received copies of the sealed TRO. Therefore, the Court finds good cause to extend the TRO until May 14, 2025. The Preliminary Injunction hearing will be rescheduled for May 14, 2025 at 10:30am before Judge Darrin P. Gayles at the Wilkie D. Ferguson, Jr. U.S. Courthouse, 400 North Miami Avenue, Courtroom 11-1, Miami, Florida. Preliminary Injunction Hearing set for 5/14/2025 10:30 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 4/30/2025.

Order

SYSTEM ENTRY - Docket Entry 17 [order] restricted/sealed until further notice.

ORDER finding joinder is improper. All Defendants, with the exception of Defendant Number 1 on the Schedule A, are severed from this action. Signed by Judge Darrin P. Gayles on 4/17/2025. See attached document for full details.

RESPONSE TO ORDER TO SHOW CAUSE by XYZ Corp.

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1:(Exhibit Declaration F Rubio)

Set Deadlines Per DE#14. Show Cause Response due by 3/20/2025.

PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 76 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" ("Defendants") have engaged in copyright infringement in this district through the use of the e-commerce stores identified in Schedule A. [ECF No. 1; 11-1]. However, Plaintiff's conclusory allegations tying Defendants to one another by alleging that they "are all transactionally related" and "logically related" without further explanation is not sufficient. [ECF 11-1]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by merely alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before March 20, 2025, Plaintiff shall file a memorandum showing why joinder of these 76 Defendants is proper. Signed by Judge Darrin P. Gayles on 3/10/2025.

SYSTEM ENTRY - Docket Entry 13 [motion] restricted/sealed until further notice. (1078471)

SYSTEM ENTRY - Docket Entry 12 [motion] restricted/sealed until further notice. (1078471)

SYSTEM ENTRY - Docket Entry 11 [motion] restricted/sealed until further notice. (1078471)

SYSTEM ENTRY - Docket Entry 10 [misc] restricted/sealed until further notice. (1078471)

SYSTEM ENTRY - Docket Entry 9 [misc] restricted/sealed until further notice. (1078471)

RESPONSE TO ORDER TO SHOW CAUSE re 6 Order to Show Cause, by XYZ Corp.

Order

PAPERLESS ORDER TO SHOW CAUSE REGARDING SERVICE. Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon defendants within 90 days after the filing of the complaint. Plaintiff filed this action on September 15, 2024 and, to date, there is no indication in the court file that Defendant(s) has been served with the summons and Complaint. Accordingly, within five (5) days of this Order, Plaintiff shall perfect service upon the Defendant or show cause why this action should not be dismissed for failure to perfect service of process. Failure to comply with this Order shall result in a dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 1/2/2025.

ORDER granting 4 Motion to Seal. Signed by Judge Darrin P. Gayles on 10/8/2024. See attached document for full details.

Plaintiff's MOTION to Seal and Temporarily Proceed under Pseudonym per Local Rule 5.4 by XYZ Corp.

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1:(Text of Proposed Order Proposed Order)

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 9/17/2024.

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

COMPLAINT against THE INDIVIDUALS, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A. Filing fees $ 405.00 receipt number AFLSDC-17835055, filed by XYZ CORP.

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1:Civil Cover Sheet Civil Cover Sheet