最近更新:2025-03-07
更新

2025-cv-01986

Kawada Co., Ltd. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

日期:02/26/2025

法院:伊利诺伊州北区法院

品牌:NANOBLOCK 纳米块

律所:HSP

日期 描述
03/31/2025 SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Exhibit AA
03/31/2025 MEMORANDUM by Kawada Co., Ltd. Plaintiff's Memorandum in Support of Joinder
03/31/2025 SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Sealed Schedule A
03/31/2025 AMENDED complaint by Kawada Co., Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto
附件:
1:(Exhibit 1)
03/14/2025 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion to seal 7. However, on review of the Complaint 1 and Schedule A 8, the Court raises the propriety of joinder of the 50 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidence, such as screenshots of dozens and dozens of defendants' online stores, amassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." R. 1, para. 4. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Accordingly, the Court directs Plaintiff to file, on or before 3/31/2025, a supplemental memorandum addressing the propriety of joinder. Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice.
03/12/2025 MOTION by Plaintiff Kawada Co., Ltd. to expedite Plaintiff's Motion for Expedited Discovery
03/12/2025 MOTION by Plaintiff Kawada Co., Ltd. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
02/27/2025 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
02/27/2025 MAILED trademark report to Patent Trademark Office, Alexandria VA.
02/26/2025 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.
02/26/2025 CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Laura K. McNally. Case assignment: Random assignment. (Civil Category 2).
02/26/2025 Notice of Claims Involving Trademarks by Kawada Co., Ltd.
02/26/2025 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kawada Co., Ltd.
02/26/2025 SEALED DOCUMENT by Plaintiff Kawada Co., Ltd. Sealed Schedule A
02/26/2025 MOTION by Plaintiff Kawada Co., Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal
02/26/2025 ATTORNEY Appearance for Plaintiff Kawada Co., Ltd. by John Wilson
02/26/2025 ATTORNEY Appearance for Plaintiff Kawada Co., Ltd. by Robert Payton Mcmurray
02/26/2025 ATTORNEY Appearance for Plaintiff Kawada Co., Ltd. by William Benjamin Kalbac
02/26/2025 ATTORNEY Appearance for Plaintiff Kawada Co., Ltd. by Michael A. Hierl
02/26/2025 CIVIL Cover Sheet
02/26/2025 COMPLAINT filed by Kawada Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23132962.
附件:
1:(Exhibit 1)

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