Order on Motion for Miscellaneous Relief AND Order on Motion for TRO
原告提交TRO申请Odesza LLC v. The Partnerships and Unincorporated Associations Identified On Schedule A
案件进展
15 条记录Miscellaneous Relief
Temporary Restraining Order
MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file certain documents under seal and temporarily proceed under a pseudonym 5 is granted in part and denied in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of a temporary restraining order, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Conversely, there are no exceptional circumstances that would justify allowing Plaintiff to conceal its own identity: Plaintiff anticipates filing an ex parte TRO motion upon entry of this order and the identity of the defendant entities will be placed under seal during the pendency of the ex parte proceedings. Given these protections for Plaintiff's legitimate interests, the countervailing strong public interest in knowing who is seeking recourse in the federal courts compels the Court to deny Plaintiff's request to conceal its own identity, even initially. As the Seventh Circuit has explained, "We have repeatedly voiced our disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings and to know who is using court facilities and procedures funded by public taxes. To proceed anonymously, a party must demonstrate exceptional circumstances that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity." Doe v. Village of Deerfield, 819 F.3d 372, 376-77 (7th Cir. 2016). Thus, the request to seal Plaintiff's unredacted complaint 7 (which, unlike the redacted complaint 1, complies with FRCP 10(a) by "nam[ing] all the parties" including Plaintiff) and the document containing Plaintiff's intellectual property registrations 9 is denied. Conversely, subject to unsealing at an appropriate time, Plaintiff may file under seal any declarations in support of its ex parte TRO motion that identify defendants, but the motion and any supporting brief must be public. The Clerk's Office is directed, forthwith, to (1) update the docket to reflect that the Plaintiff's name is "ODESZA LLC"; and (2) unseal the following filings: 7, [7-1], 8, and 9 . The documents filed at [7-2], 10 shall remain under seal pending further order of the Court. Emailed notice. (cdh, ) (Entered: 03/28/2024)
SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Schedule A to the Complaint (Carter, Alison) (Entered: 03/27/2024)
NOTICE OF CLAIMS INVOLVING TRADEMARKS by Plaintiff XYZ Corporation Notice of Claims Involving Trademarks (Carter, Alison) Modified on 3/29/2024. (jj, ). (Entered: 03/26/2024)
NOTIFICATION OF AFFILIATES by Plaintiff XYZ Corporation Notification of Affiliates (Carter, Alison) Modified on 3/29/2024. (jj, ). (Entered: 03/26/2024)
COMPLAINT by Plaintiff XYZ Corporation Complaint (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Schedule A)(Carter, Alison) Modified on 3/29/2024. (jj, ). (Entered: 03/26/2024)
MEMORANDUM by XYZ Corporation in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Attachments: # 1 Declaration of Ann Marie Sullivan, # 2 Declaration of Sandy Zhuang, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(Carter, Alison) (Entered: 03/26/2024)
MOTION by Plaintiff XYZ Corporation for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym (Carter, Alison) (Entered: 03/26/2024)
ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie) (Entered: 03/26/2024)
ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter (Carter, Alison) (Entered: 03/26/2024)
CIVIL Cover Sheet (Carter, Alison) (Entered: 03/26/2024)
COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-21786845. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - Schedule A)(Carter, Alison) (Entered: 03/26/2024)
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. (vkm, )