2022-cv-03361

COMPLAINT filed by Mario Sanchez Nevado; Filing fee $ 402, receipt number AILNDC-19600837.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Mario Sanchez Nevado Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mario Sanchez Nevado by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Mario Sanchez Nevado by Yanling Jiang

ATTORNEY Appearance for Plaintiff Mario Sanchez Nevado by Yi Bu

ATTORNEY Appearance for Plaintiff Mario Sanchez Nevado by Adam Grodman

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cummings. 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.

SEALED DOCUMENT by Plaintiff Mario Sanchez Nevado [Amended] Schedule A to Complaint (1) and Schedule A to Complaint (2)

MOTION by Plaintiff Mario Sanchez Nevado for leave to file under seal

MOTION by Plaintiff Mario Sanchez Nevado for leave to file excess pages

MEMORANDUM in support of 11 Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Mario Sanchez Nevado

(Exhibit 1, of Mario Sanchez Nevado)

SEALED EXHIBIT by Plaintiff Mario Sanchez Nevado Sealed Exhibit 2, Declaration of Mario Sanchez Nevado regarding memorandum in support of motion, 12

(Exhibit 2-1)

MINUTE entry before the Honorable Edmond E. Chang: The motion [9] to file under seal is granted in light of the goal of asset restraint. The motion [10] for extra pages is granted. But on the TRO motion, although Amended Schedule A is narrowed down to six Defendants, it is not clear what the basis is for joinder. On or before 07/19/2022, the Plaintiff shall file a Joinder Position Paper explaining the basis for joinder in light of Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020). In lieu of the supplemental memorandum, by the same deadline, the Plaintiff may file an amended complaint with (a) one defendant or (b) a different set of defendants along with a memo explaining why joinder of those defendants is proper. The explanation of joinder may be filed under seal because if it needs to refer to features on the online advertisements that would undermine the asset-restraint goal. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 07/29/2022 at 8:30 a.m. Emailed notice

AMENDED complaint by Mario Sanchez Nevado against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Mario Sanchez Nevado Amended Schedule A to Amended Complaint

SEALED EXHIBIT by Plaintiff Mario Sanchez Nevado Sealed AMENDED Exhibit 2, Declaration of Mario Sanchez Nevado regarding exhibit 13, memorandum in support of motion, 12

MINUTE entry before the Honorable Edmond E. Chang: In this copyright-infringement case, after the filing of the amended complaint, the Plaintiff's motion 11 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. To track the case only (no appearance is required, the case will not be called), the status hearing set for 07/29/2022 is reset to 08/05/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 07/29/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/20/2022. Emailed notice

PUBLIC VERSION SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 07/20/2022. Emailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jk2,)

SURETY BOND in the amount of $ 10,000.00 posted by Mario Sanchez Nevado (Document not scanned).

MOTION by Plaintiff Mario Sanchez Nevado for preliminary injunction

MEMORANDUM by Mario Sanchez Nevado in support of motion for preliminary injunction 22

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Mario Sanchez Nevado as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/27/2022, answer due 8/17/2022.

(Declaration of Service)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued circumstances that justified the TRO, the motion for preliminary injunction 22 is granted. Given the answer deadline of 08/17/2022, the tracking status hearing of 08/05/2022 is reset to 08/26/2022 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 the joint initial status report by 08/19/2022. If the Defendant is in default, then the Plaintiff shall instead file a motion for default judgment on 08/19/2022. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/02/2022. Emailed notice

MOTION by Plaintiff Mario Sanchez Nevado for default judgment as to The Defendants Identified In The Second Amended Schedule A

MEMORANDUM by Mario Sanchez Nevado in support of motion for default judgment[27]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Edmond E. Chang: ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the judgment order, the Plaintiff's motion for default judgment 27 is granted in the amount of $20,000. In light of the finding of willfulness (established by the default), a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 08/26/2022 is vacated. Civil case terminated. Emailed notice

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/19/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 08/19/2022. Emailed notice

MAILED Copyright report with certified copy of minute order dated 8/22/2022 to Registrar, Washington DC