Atari Interactive, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A to the Complaint

DECLARATION of Samantha Parrish regarding motion for default judgment 38 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Parrish, Samantha) (Entered: 07/08/2024)

MEMORANDUM by Atari Interactive, Inc. in support of motion for default judgment 38 (Parrish, Samantha) (Entered: 07/08/2024)

MOTION by Plaintiff Atari Interactive, Inc. for default judgment as to the Defendants identified on the First Amended Schedule A (Parrish, Samantha) (Entered: 07/08/2024)

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sunil R. Harjani on 5/28/2024. Mailed notice(lxs, ) (Entered: 05/28/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 32 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 34 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 5/29/2024 is stricken. Summons were issued on 5/22/2024, and Defendants' responses to the complaint are due by 6/12/2024. Plaintiff should file any motion for entry of default and default judgment by 7/10/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 7/18/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 05/28/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 32 for entry of a preliminary injunction. In connection with that motion, plaintiff must serve all remaining defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 5/28/2024 at 3:00 p.m. CDT." If no objections are filed by that date and time, the Court will consider the motion unopposed. The Court will rule on the papers unless a hearing is requested by 5/28/2024 by 3:00 p.m. CDT. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative preliminary injunction hearing is set for 9:15 a.m. at 5/29/2024. Mailed notice (lxs, ) (Entered: 05/23/2024)

MOTION by Plaintiff Atari Interactive, Inc. for preliminary injunction (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Entry of a Preliminary Injunction, # 2 Declaration of Samantha Parrish)(Parrish, Samantha) (Entered: 05/22/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 28 is granted. For the reasons stated in Plaintiff's Memorandum [28-1], the Court finds good cause to extend the temporary restraining order an additional 14 days to 5/29/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 5/22/2024. Telephone status hearing set for 5/15/2024 is stricken and reset to 5/29/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 05/09/2024)

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sunil R. Harjani on 5/1/2024. Mailed notice(lxs, ) (Entered: 05/01/2024)

MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the Proposed Temporary Restraining Order Granting Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order submitted on 4/25/24. As stated in the order dated 4/23/24, the Court presumptively requires a bond of $1,000 per defendant 23 . Plaintiff was directed to inform the Court of any circumstances that make such a bond inappropriate. The $5,000 bond amount in Plaintiff's Proposed TRO does not appear to be correct and Plaintiff did not inform the Court of any circumstances making a bond of $1,000 per defendant inappropriate in this case. Accordingly, by 5/2/2024, Plaintiff shall submit a proposed TRO to the Court's proposed order inbox with the correct bond amount. Mailed notice (lxs, ) (Entered: 04/30/2024)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed a Supplemental Memorandum 17 establishing joinder as directed by Judge Hunt. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 138 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, an asset restraint, expedited discovery, and service of process by email and/or electronic publication 8 is granted. Plaintiff's submissions establish that, were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. The Temporary Restraining Order being entered in due course will be placed under seal. In addition, for the purpose of the motion cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and 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 effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. By 4/25/2024, plaintiff shall submit the proposed TRO to the Court's proposed order inbox for entry. Counsel should also be aware that Judge Harjani presumptively requires a bond of $1,000 per defendant. Plaintiff should inform the Court of any circumstances that make such a bond inappropriate. Mailed notice (lxs, ) (Entered: 04/23/2024)

MINUTE entry before the Honorable Sunil R. Harjani: This case has been reassigned to the calendar of Judge Sunil R. Harjani. Plaintiff's motion for a temporary restraining order 8 and supplemental memorandum regarding joinder are taken under advisement. The Court will issue a ruling via CM/ECF. Mailed notice (lxs, ) (Entered: 04/11/2024)

SUPPLEMENT to Plaintiff's Supplemental Memorandum in Support of its Ex Parte Motion for Entry of a Temporary Restraining Order (Attachments: # 1 Appendix Slip Sheet)(Parrish, Samantha) (Entered: 02/16/2024)

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal 7 is granted. Both Schedule A 4 and Exhibit 3 to the Declaration of Kathryn Butters 12 shall remain sealed until further court order. Plaintiff names 156 defendants in this single case and seeks ex parte TRO relief against each of them 8 . However, after reviewing the complaint 1, the Court questions whether plaintiff has established sufficient grounds for joinder of all defendants under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosmetics, Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 182 (N.D. Ill. 2020); 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); Bose Corp. v. P'ships and Unincorporated Ass'ns Identified on Schedule "A," 334 F.R.D. 511 (N.D. Ill. 2020). By 2/16/24, Plaintiff is ordered to file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A defendant to demonstrate that joinder is proper. Alternatively, by the same deadline, plaintiff may file under seal an amended schedule A with a subset of the defendants and an amended declaration that explains how each of these defendants is properly joined with each other. Any amended declaration must attach labeled exhibits that contain screenshots or other information specific only to the defendants listed on amended Schedule A. Plaintiff's motion for leave to file excess pages 9 is granted. The motion for a TRO 8 is taken under advisement until the joinder issue is resolved. Emailed notice. (cdh, ) (Entered: 02/02/2024)

DECLARATION of Kathryn Butters in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order (Attachments: # 1 Exhibit 1 - Copyrights, # 2 Exhibit 2 - Trademarks)(Parrish, Samantha) (Entered: 01/05/2024)

MOTION by Plaintiff Atari Interactive, Inc. for leave to file excess pages re Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order (Attachments: # 1 Memorandum in Support of Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order)(Parrish, Samantha) (Entered: 01/05/2024)