最近更新:2025-01-15
更新

2024-cv-13395

XYZ Corporation v. The Partnerships Identified On Schedule A

日期:12/31/2024

法院:伊利诺伊州北区法院

品牌:

律所:SCIP

日期 描述
04/09/2025 PRELIMINARY INJUNCTION ORDER. Signed by the Honorable John Robert Blakey on 4/9/2025. Mailed notice. (jn,)
04/11/2025 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for preliminary injunction [31] on 4/9/2025. Defendants failed to appear and failed to otherwise object in response to the TRO or Plaintiff's motion. Accordingly, and based upon the same findings made in this Court's TRO [23], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [31]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel shall add Defendant to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Term inate_Instructions.pdf. Plaintiff shall file a status report by 5/30/25 proposing next steps to advance the case. Mailed notice. (jn,)
04/02/2025 SUMMONS Returned Executed by KTM Enterprises, LLC as to The Partnerships Identified on Schedule A on 4/2/2025, answer due 4/23/2025.
附件:
1:Exhibit 3
2:(Exhibit 4)
3:Exhibit 2
4:Declaration of Service
5:Exhibit 1
04/02/2025 NOTICE of Motion by John Joseph Mariane, IV for presentment of motion for preliminary injunction 31 before Honorable John Robert Blakey on 4/9/2025 at 11:00 AM.
04/02/2025 MEMORANDUM by KTM Enterprises, LLC in support of motion for preliminary injunction 31
附件:
1:(Declaration in Support of Motion)
04/02/2025 MOTION by Plaintiff KTM Enterprises, LLC for preliminary injunction
03/21/2025 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 24 to extend the temporary restraining order entered 3/10/2025 23. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 4/7/2025. The 3/26/2025 Notice of Motion date is stricken. Mailed notice.
03/20/2025 NOTICE of Motion by Gouthami Vanam Tufts for presentment of extension of time 24 before Honorable John Robert Blakey on 3/26/2025 at 11:00 AM.
03/20/2025 MOTION by Plaintiff KTM Enterprises, LLC for extension of time for Temporary Restraining Order
附件:
1:(Declaration of Alison K. Carter)
2:Supplement Memorandum in support of motion
03/10/2025 SEALED Temporary Restraining Order. Signed by the Honorable John Robert Blakey on 3/10/2025. Mailed notice.
03/10/2025 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motions to seal 12 and for electronic service of process 19. Based upon Plaintiff's submissions, the Court also grants Plaintiff's motion for entry of a sealed temporary restraining order 16. Enter Order. Within seven days, Plaintiff shall deposit with the Court Forty Thousand Dollars ($40,000), either cash, cashier's check (payable to Clerk, US District Court), or surety bond. Absent further order, this temporary restraining order will expire 3/24/25. The 3/12/25 Notice of Motion date is stricken as to all motions. Mailed notice.
03/06/2025 NOTICE of Motion by Gouthami Vanam Tufts for presentment of motion to seal 12, motion for temporary restraining order 16, motion for miscellaneous relief 19 before Honorable John Robert Blakey on 3/12/2025 at 11:00 AM.
03/06/2025 MEMORANDUM by KTM Enterprises, LLC in support of motion for miscellaneous relief 19 for electronic service of process
附件:
1:(Exhibit 1-2)
2:Declaration of Ann Marie Sulivan
03/06/2025 MOTION by Plaintiff KTM Enterprises, LLC for electronic service of process
03/06/2025 SEALED DOCUMENT by Plaintiff KTM Enterprises, LLC Exhibit 2 Part 1 to the Declaration in Support of Motion
附件:
1:Exhibit 2-Part 2
2:Exhibit 2-Part 3
3:(Exhibit 2-Part 4)
03/06/2025 MEMORANDUM by KTM Enterprises, LLC in support of motion for temporary restraining order 16
附件:
1:(Exhibit 1)
2:Declaration in support of motion
03/06/2025 MOTION by Plaintiff KTM Enterprises, LLC for temporary restraining order
03/06/2025 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by KTM Enterprises, LLC
02/12/2025 ATTORNEY Appearance for Plaintiff KTM Enterprises, LLC by Gouthami Vanam Tufts
02/11/2025 ATTORNEY Appearance for Plaintiff KTM Enterprises, LLC by John Joseph Mariane, IV
02/05/2025 NEW PARTIES: KTM Enterprises, LLC added to case caption. Terminating XYZ Corporation
02/05/2025 MOTION by Plaintiff KTM Enterprises, LLC to seal certain documents
02/05/2025 SEALED DOCUMENT by Plaintiff KTM Enterprises, LLC Exhibit 3
02/05/2025 SEALED DOCUMENT by Plaintiff KTM Enterprises, LLC Exhibit 2 to the Amended Complaint - Amended Schedule A
02/05/2025 AMENDED complaint by KTM Enterprises, LLC against The Partnerships Identified on Schedule A
附件:
1:(Exhibit 1)
01/21/2025 MINUTE entry before the Honorable John Robert Blakey: Plaintiff has initiated a copyright infringement case against 40 Defendants and seeks to proceed, at least initially, via pseudonym. See 1, 2, 7. "No-name litigation is disfavored in general, and particularly in this Circuit." XYZ Corp. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 21-CV-06471, 2022 WL 180151, at *12 (N.D. Ill. Jan. 20, 2022). The Seventh Circuit has "repeatedly voiced its 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." Id. (citing Doe v. Vill. of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016); Doe v. Smith, 429 F.3d 706, 710 (7th Cir. 2005); Doe v. Blue Cross & Blue Shield United of Wis., 112 F.3d 869, 872 (7th Cir. 1997)). Here, Plaintiff simply filed its complaint using a pseudonym, without leave, and without any effort to justify the tactic. Yet, many cases just like this are filed every day in this District without anonymous plaintiffs, and the Court has no reason to think that a sealing order, if requested (which would prevent Defendants from learning that they have been sued), remains insufficient by itself to alleviate any concerns Plaintiff may have about disclosing its identity. Because Plaintiff has failed to identify itself on any of the pending pleadings, the Court dismisses the complaint 1, 2 without prejudice. If Plaintiff wishes to pursue an amended complaint, it must do so by 2/5/25. If Plaintiff elects to pursue an amended complaint, it should ensure that its pleadings provide a factual and legal basis to join the 40 identified Defendants in a single suit. Joinder of multiple defendants in a single copyright infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, Plaintiff simply alleges that joinder is proper because its "right to relief stems from the same series of transactions or occurrences, and questions of law and/or fact common to all defendants will arise in the action." 2 4. But this is a legal conclusion, which the Court need not accept, and Plaintiff has failed to provide any factual support for joinder. If Plaintiff pursues an amended complaint, it should ensure that its pleadings support joinder of all Defendants Plaintiff should also ensure that its submissions support the exercise of personal jurisdiction as to each Defendant;the mere maintenance of a website, even a fully interactive website accessible in Illinois (which is what Plaintiff alleges, see 2 2-3, remains insufficient. E.g., Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). If Plaintiff declines to amend, the Court will dismiss this case. Mailed notice.
01/13/2025 SEALED DOCUMENT by Plaintiff XYZ Corporation Amended Schedule A
01/02/2025 MAILED copyright report to Registrar, Washington DC
01/02/2025 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.
01/02/2025 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3).
12/31/2024 ATTORNEY Appearance for Plaintiff XYZ Corporation by Ann Marie Sullivan (Sullivan, Ann Marie)
12/31/2024 ATTORNEY Appearance for Plaintiff XYZ Corporation by Alison K Carter
12/31/2024 CIVIL Cover Sheet
12/31/2024 SEALED DOCUMENT by Plaintiff XYZ Corporation Complaint (Unredacted)
附件:
1:(Exhibit 2 - Schedule A)
2:Exhibit 1
12/31/2024 COMPLAINT (Redacted) filed by XYZ Corporation; Filing fee $ 405, receipt number AILNDC-22899231.

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