2023-cv-02485

COMPLAINT filed by Tobias Teixeira Da Fonseca ; Filing fee $ 402, receipt number AILNDC-20559284.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Tobias Teixeira Da Fonseca Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Yi Bu

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Adam Grodman

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Yanling Jiang

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. 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 Tobias Teixeira Da Fonseca for leave to file under seal

MOTION by Plaintiff Tobias Teixeira Da Fonseca for leave to file excess pages

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion for TRO 12, the Plaintiff shall file a supplemental memorandum explaining why the remaining Defendants in Amended Schedule A satisfy the joinder standard set forth in Estee Lauder Cosmetics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020). The supplemental memorandum is due by 05/01/2023. The supplement may be filed under seal as needed to avoid the transfer of assets. The motion 10 to file under seal is granted in light of the asset-restraint goal. The motion 11 for extra pages is granted. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 05/12/2023 at 8:30 a.m. Emailed notice

MOTION by Plaintiff Tobias Teixeira Da Fonseca for leave to file under seal

MEMORANDUM by Tobias Teixeira Da Fonseca in support of motion for leave to file 17 Establishing that Joinder is Proper

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Tobias Teixeira Da Fonseca Sealed Exhibit 1 in Support of Memorandum Establishing that Joinder is Proper

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 17 to file joinder exhibit under seal is granted. On review of the joinder submission, given the use of the same fake brand name and same manufacturer, plus the same unique fanciful color name for the goods, joinder is proper. The Plaintiff's motion 12 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The other relief, including electronic service of process, is granted. The tracking status hearing of 05/12/2023 is reset to 05/26/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/19/2023. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/11/2023. Emailed notice (mw,)

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

MOTION by Plaintiff Tobias Teixeira Da Fonseca for preliminary injunction

MEMORANDUM by Tobias Teixeira Da Fonseca in support of motion for preliminary injunction 23

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Tobias Teixeira Da Fonseca as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/18/2023, answer due 6/8/2023.

(Declaration of Service, Keith A. Vogt)

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/24/2023: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction 23 is granted. Given the answer deadline of 06/08/2023, the tracking status hearing of 05/26/2023 is reset to 06/23/23023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 06/14/2023. If the Defendants do not answer by the answer deadline, then they shall be deemed in default and the Plaintiff shall file a default-judgment motion on 06/14/2023. Emailed notice

NEW PARTIES: tingkangsdjj, xiaofu6685, NorthEarth, qianqian0815 and qianqian010607 added to case caption.

MOTION by Plaintiff Tobias Teixeira Da Fonseca for default judgment as to The Defendants Identified In Amended Schedule A

MEMORANDUM by Tobias Teixeira Da Fonseca in support of motion for default judgment 27

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment 27 is granted. Statutory damages in the amount of $15,000 per Defendant is granted. Permanent injunction entered in light of the finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/23/2023 is vacated. Civil case terminated. Emailed notice

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/22/2023. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 06/22/2023. Emailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no. 1 tingkangdjj

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal 32, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice as to Defendant No. 1 tingkangdjj. Case remains terminated. Emailed notice