2022-cv-02593

COMPLAINT filed by Legend Pictures, LLC; Filing fee $ 402, receipt number AILNDC-19474058.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED DOCUMENT by Plaintiff Legend Pictures, LLC Schedule A to Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yi Bu

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Adam Grodman

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.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Legend Pictures, LLC

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by July 1, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice.

MOTION by Plaintiff Legend Pictures, LLC for leave to file [Certain] Documents Under Seal

MOTION by Plaintiff Legend Pictures, LLC for leave to file excess pages

MEMORANDUM In Support of [12] Ex Parte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, Declaration of Keith Vogt

Declaration of Kristina Holliman

Exhibit 1, Declaration of Kristina Holliman

Exhibit 2, Declaration of Kristina Holliman

SEALED EXHIBIT by Plaintiff Legend Pictures, LLC Sealed Exhibit 3, Declaration of Kristina Holliman regarding memorandum in support of motion, [13]

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to September 30, 2022. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for an ex parte temporary restraining order (Dckt. No. 12). The proposed minute order includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its memo, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 23. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice

STATEMENT by Legend Pictures, LLC Regarding Asset Freeze

Exhibit 1

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Steven C. Seeger: At plaintiff's request, the deadline to file a joint initial status report is extended to December 30, 2022. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. [10]) is hereby granted. Plaintiff's motion for leave to file excess pages (Dckt. No. [11]) is hereby granted. Plaintiff's motion for a temporary restraining order (Dckt. No. [12]) is hereby granted as stated in the accompanying order. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Plaintiff must effectuate service of process by October 7, 2022. Responses to the complaint are due by October 21, 2022. Motions for default and default judgment are due by October 24, 2022. Responses are due by October 27, 2022. A failure to comply will lead to dismissal. The Court directs counsel to serve a copy of this Order and any forthcoming motion on Defendants, and file a certificate of service. Mailed notice.

SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 10/4/2022. Mailed notice.

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

MOTION by Plaintiff Legend Pictures, LLC for extension of time

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt's declaration)

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for extension of time (Dckt. No. [23]) is hereby granted. Plaintiff needs time to collect the email addresses for the defendants and then effectuate service of process. The Court directs Plaintiff to effectuate service of process by October 24, 2022, and promptly file a proof of service. A status report is due by October 26, 2022. The Court vacates the other dates, and will reset the remaining dates by separate order. Responses to the complaint are due within the time set by the Federal Rules after service of process. Mailed notice

MOTION by Plaintiff Legend Pictures, LLC for preliminary injunction

MEMORANDUM by Legend Pictures, LLC in support of motion for preliminary injunction 25

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Legend Pictures, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/12/2022, answer due 11/2/2022.

(Declaration of Service, Keith A. Vogt)

SURETY BOND in the amount of $ 187,000 posted by Legend Pictures, LLC. (Document not Scanned)

STATUS Report by Legend Pictures, LLC

MOTION by Plaintiff Legend Pictures, LLC for entry of default Against The Defendants Identified In Schedule A pursuant to Fed. R. Civ. P. 55(a)

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of default (Dckt. No. 30) is hereby granted. The response to the complaint is overdue. The Court enters default against the remaining Defendants under Rule 55(a). A motion for default judgment is due by November 14. A response is due by November 28, 2022. Defendants must file a motion if they seek a hearing. Plaintiff must serve a copy of this motion on Defendants and file a certificate of service. Mailed notice

MOTION by Plaintiff Legend Pictures, LLC for default judgment as to The Defendants Identified In Schedule A

MEMORANDUM by Legend Pictures, LLC in support of motion for default judgment 32

Exhibit 1

(Exhibit 2)

CERTIFICATE of Service by Plaintiff Legend Pictures, LLC regarding MOTION by Plaintiff Legend Pictures, LLC for default judgment as to The Defendants Identified In Schedule A 32, order on motion for entry of default, text entry, 31, memorandum in support of motion 33

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. [32]) is hereby granted as follows. Defendants have not responded to the complaint, or to the motion for default judgment. Final Judgment Order to follow. The judgment includes a permanent injunction, so the motion for a preliminary injunction (Dckt. No. [25]) is hereby denied as moot. The complaint is dismissed. The case is closed. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 11/30/2022. Mailed notice.

MAILED Trademark report and certified copy of minute order dated 11/30/2022 35 to Patent Trademark Office, Alexandria VA.

ENTERED in error Modified on 12/1/2022.

SATISFACTION of Judgment as to defendant no. 103 xinsanyangna