2022-cv-02092

COMPLAINT filed by ENCHANTEDMOB, INC.; Filing fee $ 402, receipt number 0752-19368100.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff ENCHANTEDMOB, INC. Schedule A regarding complaint 1

MOTION by Plaintiff ENCHANTEDMOB, INC. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ENCHANTEDMOB, INC.

ATTORNEY Appearance for Plaintiff ENCHANTEDMOB, INC. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff ENCHANTEDMOB, INC. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff ENCHANTEDMOB, INC. by Isaku Begert

ATTORNEY Appearance for Plaintiff ENCHANTEDMOB, INC. by Justin Tyler Joseph

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment.

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.

AMENDED complaint by ENCHANTEDMOB, INC. against The Partnerships and Unincorporated Associations Identified on Schedule "A"

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff ENCHANTEDMOB, INC. Schedule A regarding amended complaint, [10]

MOTION by Plaintiff ENCHANTEDMOB, INC. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by ENCHANTEDMOB, INC. in support of motion for temporary restraining order[12]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Zach Belanger regarding memorandum in support of motion[13]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff ENCHANTEDMOB, INC. Exhibit 3 regarding declaration[15]

MOTION by Plaintiff ENCHANTEDMOB, INC.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by ENCHANTEDMOB, INC. in support of motion for miscellaneous relief[17]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Edmond E. Chang: In this copyright-infringement case, the Plaintiff's motion [12] 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 Defendant 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 Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 03/08/2022, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion [17] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/13/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/06/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/27/2022. Emailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"

REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/27/2022. Emailed notice

MAILED Copyright Request Letter to Plaintiff's counsel Amy Crout Ziegler.

SUMMONS Returned Executed by ENCHANTEDMOB, INC. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/5/2022, answer due 5/26/2022.

Declaration of Justin T. Joseph

(Exhibit A)

MOTION by Plaintiff ENCHANTEDMOB, INC. for preliminary injunction

(Exhibit A)

MEMORANDUM by ENCHANTEDMOB, INC. in support of motion for preliminary injunction 25

Declaration of Isaku M. Begert

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction [25] is granted. The order will be posted separately. Given the answer deadline of 05/26/2022, the tracking status hearing of 05/13/2022 is reset to 06/10/2022 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 a discovery progress report by status report by 05/31/2022. If the Defendants do not answer by 05/26/2022, then they shall be deemed in default on the next day, and the Plaintiff shall file a default-judgment motion by 05/31/2022. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/10/2022. Emailed notice

NEW PARTIES: US EAANUM added to case caption.

NOTICE of Voluntary Dismissal by ENCHANTEDMOB, INC. as to a certain Defendant

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal [29], under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice and with full leave to reinstate via motion filed by 02/27/2023. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Status hearing of 06/10/2022 is vacated, as are all other deadlines. Civil case terminated. Emailed notice

MAILED Copyright report and a certified copy of order dated 6/1/22 to Registrar, Washington DC

MOTION by Plaintiff ENCHANTEDMOB, INC. for Release of Bond

ORDER Signed by the Honorable Edmond E. Chang on 12/8/2022: Plaintiff's motion for release of bond 32 is granted. The Clerk of the Court to return the one-thousand-dollar ($1,000) cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel by check made out to the Greer, Burns & Crain IOLTA account. Minus the registry fee, if any. Any interest earned, if any, to also be returned. Emailed notice