Fairly Odd Treasures, LLC v. The Partnerships and Unincorporated Associations Identified in Schedule A

案件号:2025-cv-03347起诉日期:2025/03/28原告:Fairly Odd Treasures, LLC

案件进展

34 条记录
#31

FINAL Default Judgment Order: Motion hearing held on 10/23/2025. No one appeared for Defendant. Plaintiff's motion for default judgment [25] is granted for the reasons set forth in Plaintiff's motion and consistent with the accompanying order. Civil case terminated. Signed by the Honorable April M. Perry on 10/23/2025. Mailed notice. (jcc,)

案件结案
#30

CERTIFICATE of Service by Plaintiff FAIRLY ODD TREASURES, LLC regarding order on motion for default judgment, set motion and R&R deadlines/hearings, terminate hearings, [29]

原告申请缺席判决
#29

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for default judgment [25] is taken under advisement. Plaintiff's motion for default judgment will be heard on 10/23/2025, at 10:00 a.m. in person in Courtroom 1725. Plaintiff must serve a copy of this minute order upon Defendant within two business days of its entry on the docket and promptly file proof of that service. The Court strikes the motion hearing on 10/15/2025 to allow Defendant adequate notice. Mailed notice. (jcc,)

原告申请缺席判决
#28

STATUS Report by FAIRLY ODD TREASURES, LLC

#27

NOTICE of Motion by James Edward Judge for presentment of motion for default judgment[25] before Honorable April M. Perry on 10/15/2025 at 10:00 AM.

原告申请缺席判决
#26

MEMORANDUM by FAIRLY ODD TREASURES, LLC in support of motion for default judgment[25]

原告申请缺席判决
#25

MOTION by Plaintiff FAIRLY ODD TREASURES, LLC for default judgment as to Defendant BBBin

原告申请缺席判决
#24

MINUTE entry before the Honorable April M. Perry: There has been no activity on this docket in more than 60 days. Plaintiff is directed to file a status report by 10/10/2025, setting forth how it proposes to proceed with this litigation. Mailed notice. (jcc,)

#23

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified in Schedule A

#22

SUMMONS Submitted (Court Participant) for defendant(s) by Plaintiff FAIRLY ODD TREASURES, LLC

#21

SUMMONS Submitted (Court Participant) for defendant(s) by Plaintiff FAIRLY ODD TREASURES, LLC

#20

SUMMONS Submitted (Court Participant) for defendant(s) by Plaintiff FAIRLY ODD TREASURES, LLC

#0

SUMMONS - ERROR UNPROCESSED due to email address in defendant box needs to be removed.

#0

SUMMONS - ERROR UNPROCESSED due to Wrong form used. Please use the electronic issuance version of the summons form located here: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_online/ao440e.pdf.

#19

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable April M. Perry on 7/15/2025. (jcc,)

法院批准TRO
#18

MINUTE entry before the Honorable April M. Perry: Motion hearing held on 7/15/2025. Plaintiff's ex parte motion for entry of a temporary restraining order 15, including a temporary injunction, expedited discovery, and electronic service, is granted in part, consistent with the accompanying order. Plaintiff's request for a temporary asset restraint is denied without prejudice. Expedited discovery is warranted to identify the defendant. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with an online marketplace defendant. Enter order. Mailed notice. (jcc,)

法院批准TRO
#17

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to File Excess Pages [14] is granted. Mailed notice. (jcc,)

#16

NOTICE of Motion by James Edward Judge for presentment of Sealed motion, [15], motion for leave to file excess pages[14] before Honorable April M. Perry on 7/15/2025 at 10:00 AM.

#15

SEALED MOTION by Plaintiff FAIRLY ODD TREASURES, LLC for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service

原告提交TRO申请
#14

MOTION by Plaintiff FAIRLY ODD TREASURES, LLC for leave to file excess pages

#13

ATTORNEY Appearance for Plaintiff FAIRLY ODD TREASURES, LLC by Ying Chen

#12

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal 10 is granted. Mailed notice. (jcc,)

#11

SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Amended Complaint

#10

MOTION by Plaintiff FOT, LLC for leave to file documents under seal Renewed Motion

#9

AMENDED complaint by FOT, LLC against JOHN DOE and terminating The Partnerships and Unincorporated Associations Identified in Schedule A

#8

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal [4] is granted in part. Plaintiff's identity shall not be sealed. The Court raises concern that Plaintiff is attempting to proceed under the pseudonym "FOT." The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires the plaintiff to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical Schedule A online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21- CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing sealed Schedule A defendants "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The complaint identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, Plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 4/7/2025. The Court also sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 98 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff is reminded that "[c]ourts in this district generally agree that alleging that multiple defendants have infringed on the same copyright in the same way does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." See Roadget Bus. Pte. Ltd. v. Individuals, Corps, Ltd. Liab. Companies, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Plaintiff should also reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in such cases. By 4/14/2025, Plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described above. In the alternative, Plaintiff has leave to file an amended complaint by 4/14/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Plaintiff is also directed to the Court's standing order on its website directing the filing of the Court's Schedule A Template within 14 days. Mailed notice. (jcc,)

#7

MAILED patent report to Patent Trademark Office, Alexandria VA

#6

MAILED copyright report to Registrar, Washington DC

#5

SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Complaint

#4

MOTION by Plaintiff FOT, LLC for leave to file documents under seal

#3

ATTORNEY Appearance for Plaintiff FOT, LLC by James Edward Judge

#2

CIVIL Cover Sheet

#1

COMPLAINT filed by FOT, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-23273062.

#0

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.

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