Albert Koetsier v. The Partnerships and Unincorporated Associations Identified On Schedule A

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 10/04/2024. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: Given the continued circumstances that justified the TRO, the motion 22 for preliminary injunction is granted. In light of the answer deadline of 10/24/2024, the tracking status hearing of 10/18/2024 is reset to 11/08/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 11/01/2024. If the Defendants do not answer on time, then they shall be deemed in default, and instead the Plaintiff shall file the default-judgment motion on 11/01/2024. Emailed notice

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 10/01/2024. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/01/2024. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: In this copyright-infringement case, the Plaintiff's motion 14 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 12 for leave to file under seal is granted in light of the asset-restraint goal. The motion 13 for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 10/18/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 10/11/2024. Emailed notice