Second Amended Complaint AMENDED complaint by Anagram International, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

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1:(Amended Schedule A)

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's memorandum regarding joinder. 55. Having considered the memorandum and plaintiff's other filings in this case, the court finds that joinder of the defendants identified in plaintiff's Schedule A, 54, is improper. Rule 20 allows a plaintiff to join multiple defendants in an action where (1) "any right to relief is asserted against [the defendants] jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences" and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2). Here, plaintiff's arguments in support of joinder are unpersuasive for the reasons stated in Hong Kong Leyuzhen Tech. Co. Ltd. v. Schedule A, No. 25-cv-4947, Dkt. 21 (N.D. Ill. June 3, 2025) and CAO Grp., Inc. v. Schedule A, No. 25-cv-4054, Dkt. 21 (N.D. Ill. May 16, 2025). To cure this deficiency, plaintiff is ordered to file an amended complaint narrowing the claims down to a subset of defendants that are properly joined. If the amended complaint names multiple defendants, plaintiff must also file a supplemental memorandum establishing that these defendants are properly joined. Plaintiff's amended complaint and supplemental memorandum are due by 8/8/2025. If plaintiff does not file an amended complaint or the court finds that joinder of the defendants named in plaintiff's amended complaint is improper, the court will dismiss all improperly joined defendants without prejudice.

MEMORANDUM by Anagram International, LLC Plaintiff's Memorandum in Support of Joinder

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1:(Exhibit 2)
2:Exhibit 1

by Anagram International, LLC Amended Schedule A

AMENDED complaint by Anagram International, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

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1:(Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's memorandum, 51, in response to this court's joinder show-cause order. 50. Plaintiff's request to file an amended complaint with a smaller subset of defendants and an accompanying supplemental memorandum is granted. By 6/9/2025, plaintiff should file an amended complaint and an accompanying supplemental memorandum explaining why the defendants should not be dismissed or severed for improper joinder.

MEMORANDUM by Anagram International, LLC Memorandum in Response to Order of May 1, 2025 [Dkt. No. 11]

MINUTE entry before the Honorable Martha M. Pacold: By 5/29/2025, plaintiff is ordered to show cause why this case should not be dismissed or severed for improper joinder. Plaintiff is advised of the following: First, "[o]n motion or on its own, the court may at any time, on just terms, add or drop a party." Fed. R. Civ. P. 21(a). Second, sua sponte review of the propriety of joinder in Schedule A cases is a regular practice of courts in this district because plaintiffs "routinely file these multi-defendant cases. using cookie-cutter complaints that allege in a conclusory manner that 'on information and belief' each infringing defendant is inter-connected with the others." Viking Arm AS v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 24-cv-1566, 2024 WL 2953105, at *1 (N.D. Ill. June 6, 2024). Third, "[c]ourts generally find that claims against different defendants arose out of the same transaction or occurrence only if there is a logical relationship between the separate causes of action." Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", 334 F.R.D. 182, 185 (N.D. Ill. 2020) (citations and internal quotation marks omitted). Fourth, courts have held that "to be part of the same transaction requires shared, overlapping facts that give rise to each cause of action, and not just distinct, albeit coincidentally identical, facts." Id. (quoting In re EMC Corp., 677 F.3d 1351, 1359 (Fed. Cir. 2012)). Fifth, courts have held that the allegation that multiple defendants have infringed on the same copyright, trademark, or patent in the same way "does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." Roadget Bus. Pte. Ltd. v. Schedule A Defs., No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Finally, courts have held that the allegation that defendants "share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale," is not sufficient to establish joinder. Ilustrata Servicos Design, Ltda. v. P'ships & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-05993, 2021 WL 5396690, at *2 (N.D. Ill. Nov. 18, 2021); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, & Unincorporated Ass'ns Identified on Schedule "A", No. 21-cv-06197, 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021).

STATUS Report by Anagram International, LLC

MINUTE entry before the Honorable Martha M. Pacold: By 5/13/2025, plaintiff should file a status report with an update on the status of the case.

ORDER Signed by the Honorable Martha M. Pacold on 4/14/2025:

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's amended motion for expedited discovery, 43, is granted. Enter order.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to vacate, 44, is granted. The court's expedited discovery order, 40, includes the wrong list of defendants. Compare 40, with 8. The court's previous order, 40, is vacated. See Fed. R. Civ. P. 60(a).

MOTION by Plaintiff Anagram International, LLC to vacate Plaintiff's Motion to Vacate

MOTION by Plaintiff Anagram International, LLC to expedite Plaintiff's Amended Motion for Expedited Discovery

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

ORDER Signed by the Honorable Martha M. Pacold on 3/26/2025:

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for expedited discovery, 37, is granted in part and denied in part. Enter Order.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, 36, is denied as moot. The court has already granted the motion for electronic service of process. 33.

MOTION by Plaintiff Anagram International, LLC to expedite Plaintiff's Motion for Expedited Discovery

MOTION by Plaintiff Anagram International, LLC Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to unseal Docket Nos. 8 and 13-28, 34, is granted. The Clerk of Court is directed to unseal 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

MOTION by Plaintiff Anagram International, LLC Plaintiff's Motion to Direct the Clerk of the Court to Unseal Docket Nos. 8 and 13-28

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file excess pages, 10, is granted. Plaintiff's motion for leave to file under seal, 7, is denied. Plaintiff's motion for a temporary restraining order, expedited discovery, and electronic service of process, 11, is granted in part and denied in part. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. See 7. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Because the court denies the motion for a temporary restraining order, there is no reason to seal plaintiff's filings pending such relief. Plaintiff's motion for leave to file under seal, 3, is denied. Plaintiff's sealed exhibits, 8, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, are stricken. If plaintiff wishes to proceed with this case, plaintiff must file its exhibits publicly on the docket by 1/31/2025. To the extent plaintiff's motion, 11, seeks a temporary restraining order and expedited discovery, the motion is denied. To the extent the motion, 11, seeks electronic service of process, the motion is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). 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 defendants. To the extent that the motion requests service of process of any temporary restraining order in this case, service is not necessary because this court has already denied the motion for a TRO.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anagram International, LLC Supplemental Notification of Affiliates

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

Notice of Claims Involving Trademarks by Anagram International, LLC

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 16 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 15 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 14 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 13 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 12 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 11 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 10 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 9 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 8 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 7 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 6 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 5 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 4 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 3 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 2 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 1 of Wiles Declaration

MEMORANDUM by Anagram International, LLC in support of motion for temporary restraining order, 11

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1:(Exhibit Hierl Exhibit 4)
2:Exhibit Hierl Exhibit 3
3:Exhibit Hierl Exhibit 2
4:Exhibit Hierl Exhibit 1
5:Declaration Hierl Declaration
6:Exhibit Exhibit 2 Part 4
7:Exhibit Exhibit 2 Part 3
8:Declaration Wiles Declaration
9:Exhibit 1
10:Exhibit 2 Part 1
11:Exhibit 2 Part 2

MOTION by Plaintiff Anagram International, LLC 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

MOTION by Plaintiff Anagram International, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

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 Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2).

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anagram International, LLC

SEALED DOCUMENT by Plaintiff Anagram International, LLC Sealed Schedule A

MOTION by Plaintiff Anagram International, LLC to seal document Plaintiff's Motion for Leave to File Under Seal

ATTORNEY Appearance for Plaintiff Anagram International, LLC by John Wilson

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Anagram International, LLC by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Michael A. Hierl

CIVIL Cover Sheet

COMPLAINT filed by Anagram International, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-22643728.

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1:Exhibit 2 Part 3
2:(Exhibit 2 Part 4)
3:Exhibit 2 Part 2
4:Exhibit 2 Part 1
5:Exhibit 1