2022-cv-03790

COMPLAINT filed by Legend Pictures, LLC; Filing fee $ 402, receipt number AILNDC-19671621.

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

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

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 Adam Grodman

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yanling Jiang

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 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 [11] 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, [12]

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: An initial status report is due by October 10, 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.

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 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: Plaintiff's motion for leave to file under seal (Dckt. No. [9]) is hereby granted. Plaintiff's motion for to exceed page limitation (Dckt. No. [10]) is hereby granted. 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 forthcoming motion on Defendants, and file a certificate of service. Mailed notice.

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

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

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file an initial status report is extended to January 6, 2023. Mailed notice.

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. [22]) 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

SURETY BOND in the amount of $ $10,000.00 posted by Legend Pictures, LLC (Document not imaged)

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 10/17/2022, answer due 11/7/2022.

(Declaration of Service)

STATUS Report by Legend Pictures, LLC

MINUTE entry before the Honorable Steven C. Seeger: By November 15, 2022, Plaintiff must file a spreadsheet showing, by Defendant, the amount of funds frozen pursuant to this Court's temporary restraining order. The Court directs Plaintiff to promptly file a motion for default if Defendants do not respond to the complaint in a timely manner. Mailed notice

STATEMENT by Legend Pictures, LLC

(Schedule A)

MOTION by Plaintiff Legend Pictures, 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)

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of default (Dckt. No. 31) is hereby granted. Defendants have failed to respond to the complaint in a timely manner. The Court hereby enters default under Rule 55(a) against the remaining Defendants on Schedule A. Plaintiff must timely move for a default judgment. Plaintiff must serve a copy of this Order on Defendants and file a certificate of service. Defendants must file a motion if they seek a hearing on any forthcoming motion for default judgment. Mailed notice.

MOTION by Plaintiff Legend Pictures, LLC for default judgment as to The Defendants Identified In The First Amended Schedule A pursuant to Fed. R. Civ. P. 55(b)

MEMORANDUM by Legend Pictures, LLC in support of motion for default judgment 34

Exhibit 1

(Exhibit 2)

CERTIFICATE of Service by Plaintiff Legend Pictures, LLC regarding memorandum in support of motion 35, MOTION by Plaintiff Legend Pictures, LLC for default judgment as to The Defendants Identified In The First Amended Schedule A pursuant to Fed. R. Civ. P. 55(b) 34, order on motion for entry of default, text entry, 33

MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs filed a notice, and called it "NOTICE of Voluntary Dismissal by All Plaintiffs" on CM/ECF. That vague description left an unanswered question: Are Plaintiffs dismissing some of the Defendants, or all of the Defendants? The description gave no answer, so this Court had to click through the filing to figure it out. And after clicking, this Court learned that Plaintiffs were dismissing only Defendant No. 133 and Defendant No. 165. Going forward, the Court directs Plaintiffs' counsel to reveal in the description on CM/ECF whether plaintiffs are dismissing some defendants or all defendants. Viewed in isolation, it may not seem like a big deal to make a district court judge click through the docket. But viewed in the aggregate, the extra search costs add up, especially given the volume of Schedule A cases. So, next time, make things easier to follow and more user-friendly for district courts, and provide more hands-on information in the description. The Court directs Plaintiffs' counsel to share a copy of this Order to all attorneys at the firm who file Schedule A cases. Mailed notice

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff filed a motion for default judgment (Dckt. No. [34]), but neglected to submit a Word version to the Court's proposed order inbox. That oversight wasted the time of this Court and the Courtroom Deputy, who needed to take the time to write this reminder. Plaintiff must submit a Word version of the judgment by noon on November 22, 2022. A failure to comply will lead to appropriate relief. Going forward, Plaintiff's counsel is forewarned that such mistakes imposes unnecessary costs on the Court, and if it happens again, the Court will deal with it accordingly. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. [34]) is hereby granted. The responses to the complaint are long overdue. Final Judgment Order to follow. The motion for preliminary injunction (Dckt. No. [25]) is hereby denied as moot. The case is closed. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 11/21/2022. Mailed notice.

MAILED Trademark report and copy of minute order dated 11/21/2022 39 to Patent Trademark Office, Alexandria VA.

CITATION to Discover Assets issued as to Amazon.com, Inc. (Third Party); No Notice Filed.

SATISFACTION of Judgment as to defendant no. 132 Kxkdss Official Store

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 5 AKBshopping

CITATION to Discover Assets issued as to Amazon.com, Inc.