2023-cv-02396

COMPLAINT filed by Roblox Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-20549228.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Roblox Corporation by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Roblox Corporation by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Roblox Corporation by Robert Payton Mcmurray

MOTION by Plaintiff Roblox Corporation to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Roblox Corporation Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roblox Corporation

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Young B. Kim. 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 Roblox Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Roblox Corporation for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Roblox Corporation in support of motion for temporary restraining order, 10

Declaration Bayley Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 1 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 2 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 3 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 4 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 5 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 6 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 7 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 8 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 9 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 10 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 11 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 12 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 13 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 14 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 15 of Bayley Declaration

SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 16 of Bayley Declaration

Notice of Claims Involving Trademarks by Roblox Corporation

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, ex parte motion for a temporary restraining order and other relief 10, and motion for leave to file excess pages 9 are granted in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 7 and 12 through 27. The accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 6/26/2023. Mailed notice.

MOTION by Plaintiff Roblox Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order 34 is granted. Enter separate order. Mailed notice

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/10/2023. Mailed notice

MOTION by Plaintiff Roblox Corporation for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Defendant Nos. 1-250

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion 37 to further extend the existing TRO is granted in part. The TRO is extended until 5 p.m. CDT on 7/31/2023 for the reasons provided by Plaintiff. Because this extension exceeds the time limit for a TRO under FRCP 65, this order is appealable. No further extensions of the TRO will be granted. If Plaintiff wants to extend preliminary injunctive relief further, it will need to file a motion for a preliminary injunction before expiration of the TRO. Mailed notice

MOTION by Plaintiff Roblox Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Roblox Corporation in support of motion for preliminary injunction 39

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 39

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by Roblox Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/1/2023, answer due 8/22/2023.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 39 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 8/14/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's order entering the temporary restraining order ("TRO"), the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE Proof of Service

DECLARATION of William B. Kalbac Declaration of Service

MOTION by Plaintiff Roblox Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit A)

MEMORANDUM by Roblox Corporation in support of motion for default judgment, 46

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 46

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 46 for entry of default and default judgment against all Defendants. All remaining Defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 10/13/2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order forthwith upon all remaining Defendants and must promptly file proof of service. Mailed notice

CERTIFICATE of Service by Plaintiff Roblox Corporation Proof of Service

ORDER signed by the Honorable John F. Kness on 10/17/2023: Plaintiff's motion for entry of default judgment 46 is granted. Plaintiff's motion for a preliminary injunction (Dkt. 39) is dismissed as moot. Enter Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Roblox Corporation is hereby released to Roblox Corporation or its counsel, Hughes Socol Piers Resnick & Dym, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl, Hughes Socol Piers Resnick & Dym, Ltd, Three First National Plaza, 70 West Madison Street, Suite 4000, Chicago, IL 60602 via certified mail. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/17/2023. Mailed notice

MAILED Surety Bond posted by Roblox Corporation [33] to Michael A. Hierl via certified mail no. 7019 2280 0000 0963 2474.

MAILED Surety Bond posted by Roblox Corporation 33 to Michael A. Hierl via certified mail no. 7019 2280 0000 0963 2474.

RETURN of Service for MAILED Surety Bond posted by Roblox Corporation 33 to Michael A. Hierl via certified mail no. 7019 2280 0000 0963 2474.

SATISFACTION of Judgment