2023-cv-03558

COMPLAINT filed by Christina Menzel ; Filing fee $ 402, receipt number AILNDC-20709526.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

MAILED Copyright report to Registrar, Washington DC

((List of Copyrights))

MOTION by Plaintiff Christina Menzel for leave to file [Certain] Documents Under Seal

MOTION by Plaintiff Christina Menzel for leave to file excess pages

CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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.

MEMORANDUM In Support of 12 Ex Parte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, Declaration of Keith Vogt

Declaration of Christina Menzel

(Exhibit 1, Declaration of Christina Menzel)

SEALED EXHIBIT by Plaintiff Christina Menzel Sealed Exhibit 2, Declaration of Christina Menzel regarding memorandum in support of motion, 13

SEALED DOCUMENT by Plaintiff Christina Menzel Amended Schedule A to Complaint 1

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 electronic service of process and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 12, are granted. The Court further grants Plaintiff's motions for leave to file excess pages 11 and to file the Schedule A, Amended Schedule A, and Exhibit 2 to the Declaration of Christina Menzel under seal 10. 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 Defendants' online sellers, stopping Defendants' 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 a sale 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 ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Nancy L. Maldonado on 8/30/2023. Mailed notice.

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

MOTION by Plaintiff Christina Menzel for preliminary injunction

MEMORANDUM by Christina Menzel in support of motion for preliminary injunction 18

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Christina Menzel as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/5/2023, answer due 9/26/2023.

(Declaration of Service)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court has received Plaintiff's motion for a preliminary injunction 18. Defendants may appear and file a response to Plaintiff's motion by 9/20/23. Plaintiff is instructed to serve a copy of this order on Defendants.

SURETY BOND in the amount of $ 10,000.00 posted by Christina Menzel. (Document not scanned)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for a preliminary injunction 18. 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 19 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. The Clerk is requested to unseal the Amended Schedule A to the Complaint 15, Exhibit 2 to the Declaration of Christina Menzel 14, and the TRO 17. Plaintiff's counsel is directed to ensure that the defendants listed on Schedule A are 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.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Nancy L. Maldonado on 9/22/2023.

NEW PARTIES: MINHVUGILFSTORE and DuyManhGiftStore added to case caption.

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

MEMORANDUM by Christina Menzel in support of motion for default judgment 25

Exhibit 1

Exhibit 2

Expert Report of Paul N. Holmes

(Declaration of Keith A. Vogt)

MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiff's motion for default judgment 26. A default judgment hearing is set for 12/12/23 at 11:00 a.m. by Webex video conference, at which time Plaintiff should be prepared to address the support for an award of $100,000 in statutory damages. The dial in number for the public is 650-479-3207; Access code: 23058095569. The parties will receive a WebEx invitation by email. Defendants shall have until 12/11/23 to file any appearance or objection to the motion for default judgment. Defendants' failure to appear at the hearing will result in the entry of default judgment against Defendants. Plaintiff is instructed to serve their motion for default judgment and a copy of this order on Defendants via electronic service and to file a certificate of service indicating they have done so.

CERTIFICATE of Service by Plaintiff Christina Menzel regarding set/reset hearings, 27

MINUTE entry before the Honorable Nancy L. Maldonado: Default judgment hearing held on 12/12/2023 via WebEx. Defendants were not present. For the reasons stated on the record and based on the Court's review of the Expert Report of Paul N. Holmes [26-3], Plaintiff's motion for entry of default and default judgment [25] is granted in the amount of $25,000 per Defendant. Plaintiff should submit a final judgment order to the proposed order mailbox at Proposed_Order_Maldonado@ilnd.uscourts.gov. Civil case terminated.

DEFAULT JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 12/13/2023.