2023-cv-01792

COMPLAINT filed by Bryan Fletcher, Garrett Fletcher; Filing fee $ 402, receipt number AILNDC-20465526.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Schedule A regarding complaint[1]

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for leave to file under seal

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Trevor Christian Talhami

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 Heather K. McShain. Case assignment: Random assignment.

AMENDED complaint by Bryan Fletcher, Garrett Fletcher against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Schedule A regarding amended complaint, 9

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Bryan Fletcher, Garrett Fletcher 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 Steve Fletcher regarding memorandum in support of motion 12

(Exhibit 1)

SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Exhibit 2 regarding declaration 14

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Bryan Fletcher, Garrett Fletcher 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:For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, Plaintiff's motions for leave to file under seal [3], for electronic service of process [16], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [11], are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendant 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 7/13/2023.

Registry Deposit Information Form by Bryan Fletcher, Garrett Fletcher

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for extension of time of Temporary Restraining Order

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

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of extension of time[22]

Declaration of Justin T. Joseph

MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's ex parte motion to extend the TRO [22] is granted. The TRO entered on 7/13/2023 [20] is extended until 8/10/2023. Enter order.

Check BOND in the amount of $ 1,000 posted by Greer, Burns & Crain Ltd. for Bryan Fletcher, Garrett Fletcher. Receipt Number 4624289030.

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for preliminary injunction

(Exhibit A)

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for preliminary injunction 25

Declaration of Justin T. Joseph

(Exhibit 1)

SUMMONS Returned Executed by Bryan Fletcher, Garrett Fletcher as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/27/2023, answer due 8/17/2023.

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for entry of a preliminary injunction 25 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Plaintiff's counsel is ordered to add Defendant's name listed on the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 8/1/2023.

NEW PARTIES: zqwstore added to case caption.

NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher as to a Certain Defendant

MINUTE entry before the Honorable Nancy L. Maldonado:Pursuant to the notice of dismissal under Rule 41(a)(1), Plaintiff's claims against Defendant zqwstore are dismissed without prejudice. Civil case terminated.

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for Release of Bond

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for release of bond 32 is granted as this case has been voluntarily dismissed. The Clerk of the Court is directed to return the $1,000 cash bond, including any interest minus the registry fee, previously deposited with the Clerk of the Court to Plaintiffs or their counsel, by check made out to the Greer, Burns & Crain IOLTA account. Enter Order to Release Bond to Plaintiff.

ORDER to release bond to Plaintiff. Signed by the Honorable Nancy L. Maldonado on 11/1/2023.