Le Feuvre v. The Partnerships and Unincorporated Associations Identified On Schedule A

ORDER: In light of the facts and circumstances that justified entry of the TRO, the motion 22 for preliminary injunction is granted. With the answer deadline of 11/11/2024 (which is 11/12/2024 due to the federal holiday), the tracking status hearing of 10/25/2024 is reset to 11/22/2024 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 11/15/2024. If the Defendants do not answer on time, then they are deemed to be in default, and the Plaintiff shall instead file a motion for default judgment in a sum certain by 11/15/2024. Signed by the Honorable Edmond E. Chang on 10/24/2024. Mailed notice. (jn,)

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 10/11/2024. Emailed notice

SEALED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 10/11/2024: In this copyright-infringement case, the Plaintiff's motion 15 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 infringers 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 13 for leave to file under seal is granted in light of the asset-restraint goal. The Plaintiff's motion 14 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 10/25/2024 at 8:30 a.m. The Plaintiff shall file (if appropriate) the TRO extension motion (or a preliminary injunction motion) no later than 10/21/2024, as well as a status report. Emailed notice