2022-cv-03654

COMPLAINT filed by Legendary Pictures Funding, LLC; Filing fee $ 402, receipt number BILNDC-19650058.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Legendary Pictures Funding, LLC Schedule A to Complaint (1)

CIVIL Cover Sheet

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

ATTORNEY Appearance for Plaintiff Legendary Pictures Funding, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Legendary Pictures Funding, LLC by Yi Bu

ATTORNEY Appearance for Plaintiff Legendary Pictures Funding, LLC by Adam Grodman

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

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Susan E. Cox. 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.

MOTION by Plaintiff Legendary Pictures Funding, LLC for leave to file under seal

MOTION by Plaintiff Legendary Pictures Funding, LLC 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 Kristina Holliman

(Exhibit 1, of Kristina Holliman's declaration)

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by September 27, 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.

SEALED EXHIBIT by Plaintiff Legendary Pictures Funding, LLC Sealed Exhibit 2, Declaration of Kristina Holliman (Part I) regarding memorandum in support of motion, 12

Exhibit 2, Part 1

Exhibit 2, Part 2

Exhibit 2, Part 3

Exhibit 2, Part 4

Exhibit 2, Part 5

Exhibit 2, Part 6

Exhibit 2, Part 7

Exhibit 2, Part 8

Exhibit 2, Part 9

(Exhibit 2, Part 10)

SEALED EXHIBIT by Plaintiff Legendary Pictures Funding, LLC Sealed Exhibit 2, Declaration of Kristina Holliman (Part II) regarding memorandum in support of motion, 12

Exhibit 2, Part 11

Exhibit 2, Part 12

Exhibit 2, Part 13

Exhibit 2, Part 14

Exhibit 2, Part 15

(Exhibit 2, Part 16)

MAILED copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for an ex parte temporary restraining order (Dckt. No. 11). 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 11. 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 Legendary Pictures Funding, LLC Regarding Asset Freeze

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Legendary Pictures Funding, LLC Sealed Exhibit 3 regarding statement 18

MOTION by Plaintiff Legendary Pictures Funding, LLC for leave to file [Certain] Document Under Seal

REQUEST for Clerk of Court to refund filing fee in the amount of $402.00, receipt no. AILNDC-19650058, BILNDC-19650058

REFUND PROCESSED re duplicate payment of COMPLAINT 1 to attorney Keith A. Vogt Filing fee $ 402, receipt number AILNDC-19650058.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motions for leave to file under seal (Dckt. No. 9 and 20) are granted. The motion to exceed page limitation (Dckt. No. 10) is granted. The deadline to file the joint initial status report is extended to December 8, 2022. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an ex parte TRO (Dckt. No. 11) is hereby granted in part 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 accompanying motion on Defendants, and file a certificate of service. Mailed notice

SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 10/5/2022. Mailed notice.

MOTION by Plaintiff Legendary Pictures Funding, LLC Motion To Modify The Temporary Restraining Order To Withdraw The Request For Asset Freeze And Injunction

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion to modify the TRO (Dckt. No. 26) is hereby granted. The Court hereby modifies the TRO to remove the asset freeze and the temporary injunctive relief. Plaintiff shall serve a copy of this Order on Defendants and on any third party who received the original TRO. Mailed notice

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

SUMMONS Returned Executed by Legendary Pictures Funding, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/2/2022, answer due 11/23/2022.

(Declaration of Service)

MINUTE entry before the Honorable Steven C. Seeger: On October 5, 2022, this Court issued an Order and set a number of deadlines. Among other things, this Court required Plaintiff to serve process by October 7, 2022. (Dckt. No. 24) Plaintiff did not meet the deadline, and did file a motion for more time, either. Plaintiff served process on November 2, 2022. (Dckt. No. 28) Going forward, the Court expects Plaintiff's counsel to meet all deadlines, or file a motion. Mailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no 57 Fuzhou Ran Ran Sheng Qi Trading Co., Ltd. and defendant no 126 Shenzhen Wantu Rubber Products Co., Ltd.

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

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff'smotion for entry of default (Dckt. No. 31) is hereby granted. The answers are overdue. The Court enters default under Rule 55(a) against all remaining Defendants. A motion for default judgment is due by December 9, 2022. A response is due by December 16, 2022. Defendants must file a motion if they seek a hearing. Plaintiffs must serve a copy of this Order on Defendants and file a certificate of service. The Court reminds counsel to submit a Word version of the proposed judgment to the proposed order inbox, and include an updated copy of Schedule A that removes any dismissed Defendants. Mailed notice

MOTION by Plaintiff Legendary Pictures Funding, LLC for default judgment as to Against the Defendants Identified in First Amended Schedule A

MEMORANDUM by Legendary Pictures Funding, LLC in support of motion for default judgment 33

Exhibit 1

(Exhibit 2)

CERTIFICATE of Service

MINUTE entry before the Honorable Steven C. Seeger: The joint initial status report deadline is extended to March 8, 2023. Mailed notice.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. 33) is hereby granted. The answers are long overdue. This Court previously ordered the entry of default against defendants. (Dckt. No. 32) The Court enters final judgment against all remaining Defendants. Final Judgment Order to follow. There are no remaining defendants. The case is closed. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice.

MAILED copyright report with certified copy of minute order dated 1/10/23 to Registrar, Washington DC.

(Certified Minute Order)

CITATION to Discover Assets issued as to Alipay US, Inc. (No notice filed).