2022-cv-06051

COMPLAINT filed by Samiel Asghedom; Filing fee $ 402, receipt number AILNDC-20007143.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Samiel Asghedom Schedule A regarding complaint[1]

MOTION by Plaintiff Samiel Asghedom for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Samiel Asghedom

Notice of Claims Involving Trademarks by Samiel Asghedom

ATTORNEY Appearance for Plaintiff Samiel Asghedom by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Samiel Asghedom by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Samiel Asghedom by Justin Tyler Joseph

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.

CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment.

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file under seal 3 is granted.

MOTION by Plaintiff Samiel Asghedom for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Samiel Asghedom in support of motion for temporary restraining order 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Emily Holt regarding memorandum in support of motion 12

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Samiel Asghedom Exhibit 2 - Parts 1 - 4 regarding declaration 14

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

(Exhibit 2-4)

MOTION by Plaintiff Samiel Asghedomfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Samiel Asghedom in support of motion for miscellaneous relief 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the pending motions and Plaintiff's complaint. Plaintiff's motion for electronic service of process [16] is granted; electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. See, e.g., Oakley, Inc. v. Partnerships & Unincorporated Associations Identified in Schedule "A", No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). However, before it can rule on Plaintiff's motion for a temporary restraining order [11], the Court orders Plaintiff to file a brief addressing the propriety of joinder of all of the defendants on or before 01/16/2023.

MEMORANDUM by Samiel Asghedom Establishing that Joinder is Proper

DECLARATION of Justin R. Gaudio regarding memorandum 20

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

(Exhibit 8)

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 Nancy L. Maldonado: The Court has reviewed Plaintiff's supplemental memorandum on joinder and considered the arguments and authority cited therein [20]. This Court follows the reasoning outlined in decisions such as Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) and Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, and Unincorporated Ass'ns Identified on Schedule "A," 21-CV-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021), which reject the joinder of numerous defendants in similar counterfeit products cases. Based on the reasoning and standards employed in those cases, the joinder of all 175 defendants in this single action does not appear to be proper. In short, well-established caselaw in this District holds that the mere fact that multiple defendants are alleged to have infringed the same copyright, trademark, or patent, does not support joinder of those defendants in the same action. See Estee Lauder, 334 F.R.D. at 187 (collecting cases). Further, for the same reasons outlined in cases such as Estee Lauder and Art Ask Agency, the Court is not persuaded here that the general allegations that all 175 defendants employ common tactics of evasion, use similar advertising and marketing strategies, or that they often employ common design elements or templates, are sufficient to support joinder of all 175 defendants in a single action. While the Court acknowledges the liberal notice pleading standards, the Court finds that Plaintiff has not shown that each and every one of the 175 listed defendants is properly joined in this case under Fed. R. Civ. P. 20(a)(2). Therefore, by 03/13/2023, Plaintiff must either show cause in writing why the defendants should not be severed as improperly joined or file an amended complaint and Schedule A of defendants who are properly joined based on the standards outlined in Estee Lauder and Art Ask Agency.

ATTORNEY Appearance for Plaintiff Samiel Asghedom by Quinn Bradley Guillermo

AMENDED complaint by Samiel Asghedom against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Samiel Asghedom Amended Schedule A regarding amended complaint 25

MOTION by Plaintiff Samiel Asghedom for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Renewed)

MINUTE entry before the Honorable Nancy L. Maldonado: In light of Plaintiff's filing of an Amended Complaint and Amended Schedule A, Plaintiff's prior motion for temporary restraining order [11] is denied as moot. The Court is in receipt of Plaintiff's new motion for temporary restraining order, which does not include a supporting memorandum or any supporting exhibits [27]. Instead, the motion refers to the prior memorandum of law filed in support of the prior motion [12]. However, the instant motion only covers one of the defendants that was at issue in the prior motion, and it is generally not this Court's responsibility to hunt through prior filings and voluminous exhibits in order to identify the supporting materials and arguments that are relevant to the particular defendant that remains in the Amended Schedule A. Further, the Court notes that previously sealed exhibits in this case may be unsealed in the future, so for the sake of clarity of the public record, it is important to have a memorandum and supporting materials on the docket that are tied to and specific to the new motion, and which reflect the only defendant actually at issue in the Amended Complaint and Amended Schedule A. By 2/24/2023, Plaintiff should file a memorandum of law and supporting declarations and exhibits in support of the motion for temporary restraining order [27] for the defendant that remains.

MEMORANDUM by Samiel Asghedom in support of motion for temporary restraining order 27

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 29

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Emily Holt regarding memorandum in support of motion 29

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Samiel Asghedom Exhibit 2 - Part 1 regarding declaration 31

(Exhibit 2-1)

MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motion, the supporting memoranda, and the temporary restraining order, Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [27], is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendant, stopping Defendant's infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court one thousand dollars ($1,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 2/24/2023. Mailed notice.

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

BOND in the amount of $ 1,000.00 company check, Receipt no. 4624283095, posted by Samiel Asghedom

MOTION by Plaintiff Samiel Asghedom for preliminary injunction

(Exhibit A)

MEMORANDUM by Samiel Asghedom in support of motion for preliminary injunction 35

Declaration of Justin T. Joseph

(Exhibit 1)

SUMMONS Returned Executed by Samiel Asghedom as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/6/2023, answer due 3/27/2023.

Declaration of Quinn Guillermo

(Exhibit A)

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for a preliminary injunction [35] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendant will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in the previously entered temporary restraining order, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [37] that it provided electronic notice to Defendant of the pendency of this case, but no objection to the motion for a preliminary injunction has been filed on behalf of the defendant. Plaintiff should email a Microsoft Word version of its proposed preliminary injunction order to the Court's proposed order email box for entry. The Clerk is requested to unseal any previously-sealed documents. Plaintiff's counsel is directed to ensure that the Defendant listed on Amended Schedule A is added to the court's docket within five business days. Instructions for adding a party to the docket can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf.

NEW PARTIES: yyyonna added to case caption.

NOTICE of Voluntary Dismissal by Samiel Asghedom as to certain defendant

MINUTE entry before the Honorable Nancy L. Maldonado: Pursuant to the notice of voluntary dismissal, Defendant Line No. 1 yyyonna is dismissed without prejudice.Civil case terminated.

MOTION by Plaintiff Samiel Asghedom for Release of Bond

Exhibit 1

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings. Honorable Nancy L. Maldonado no longer assigned to the case. Signed by Executive Committee on 8/25/2025.

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for release of bond [41] is granted. Enter Order to Release Bond. Mailed notice.

ORDER TO RELEASE BOND TO PLAINTIFF: The one thousand dollar ($1,000.00) cash bond posted by Plaintiff, including any applicable or earned interest, minus the registry fee, is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Signed by the Honorable Jeffrey I Cummings on 9/4/2025. Mailed notice.