2023-cv-06289

COMPLAINT filed by Charlie Bowater ; Filing fee $ 402, receipt number AILNDC-20975989.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Charlie Bowater Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Charlie Bowater by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Charlie Bowater by Yanling Jiang

ATTORNEY Appearance for Plaintiff Charlie Bowater by Yi Bu

ATTORNEY Appearance for Plaintiff Charlie Bowater by Adam Grodman

ATTORNEY Appearance for Plaintiff Charlie Bowater by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Charlie Bowater by Monica Rita Martin

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. 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.

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice.

MAILED copyright report to Registrar, Washington DC.

SEALED DOCUMENT by Plaintiff Charlie Bowater [Amended] Schedule A to Complaint 1 and Schedule A to Complaint 2

MOTION by Plaintiff Charlie Bowater for leave to file under seal

MOTION by Plaintiff Charlie Bowater for leave to file excess pages

MEMORANDUM in support of 15 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Charlie Bowater

(Exhibit 1, of Charlie Bowater's declaration)

SEALED EXHIBIT by Plaintiff Charlie Bowater Sealed Exhibit 2, Declaration of Charlie Bowater regarding memorandum in support of motion, 16

(Exhibit 2-1)

MOTION by Plaintiff Charlie Bowater for leave to file under seal

MEMORANDUM Establishing that Joinder is Proper

(Exhibit 1, filed under seal)

SEALED EXHIBIT by Plaintiff Charlie Bowater regarding memorandum in support of motion 19

(Exhibit 1)

Presentment for Exparte motion 15 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file 13, motion for leave to file excess pages 14 before Honorable Sharon Johnson Coleman on 9/6/2023 at 10:00 AM.

MINUTE entry before the Honorable Sharon Johnson Coleman: Upon review of the Complaint and the Amended Schedule A 12, the Court questions whether joinder of 65 defendants is appropriate in this case. See, e.g. Estee Lauder Cometics Ltd. v. Schedule A, Case No. 19-cv-7878, 2020 WL 433870 (N.D. Ill. Jan. 27, 2020) (Chang, J.). Plaintiff shall file a supplemental memorandum addressing the propriety of joinder by 9/19/2023 in light of the principles described in Estee Lauder. In addition, Plaintiff has leave to file an amended complaint with smaller subset of defendants along with its memorandum. Presentment hearing set for 9/6/2023 is stricken. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: The Court has reviewed plaintiff's memorandum in support of joinder of 65 defendants 19. Plaintiff argues that defendants are appropriately joined in this case because, among other reasons, they all infringe the same registered artwork, add the same moon phases, the same double stranded circle, and the same grass on the bottom. Thus, plaintiff maintains that its allegations indicate that defendants work in active concert to sell unauthorized products in the same series of transactions or occurrences. The Court disagrees that defendants here share a "logical relationship" where there is "substantial evidentiary overlap in the facts" to support joinder. Este Lauder Cosms. Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (Chang, J.). Although defendants sell similar products, the storefronts and products identified in plaintiff's sealed exhibit to the temporary restraining order are distinguishable. The Court sees sufficient differences, such as the different characters featured on the products, different descriptions of the products, and the wide range of prices, which cut against plaintiff's assertion that all 65 joined defendants are working together or sharing information. The Court has noticed the overwhelming influx of Schedule A cases within the district. While it recognizes the efficiency that consolidation of defendants may permit, the Court finds that joining distinct defendants in one case does not satisfy the requirements of the Federal Rules, for in these sorts of copyright cases, "one defendant's alleged infringement does not 'arise out of the same transaction, occurrence, or series of transactions or occurrences' as another defendant's unrelated infringement." Id. at 187 (quoting Fed. R. Civ. P. 20(a)(2)(A)). Thus, the Court finds that joinder is impermissible here. Plaintiff may file an amended complaint by November 5, 2023 reducing the number of defendants in accordance with the principles outlined above. The Court reserves ruling on the temporary restraining order 15 until the Rule 20 deficiency is cured. The Court grants plaintiff's motion to file under seal 13. Mailed notice.

AMENDED complaint by Charlie Bowater against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Charlie Bowater [Amended] Schedule A to Amended Complaint 24

MOTION by Plaintiff Charlie Bowater for leave to file under seal

MOTION by Plaintiff Charlie Bowater for leave to file excess pages

MEMORANDUM in support of 28 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Charlie Bowater

(Exhibit 1, of Charlie Bowater's declaration)

SEALED EXHIBIT by Plaintiff Charlie Bowater Amended Sealed Exhibit 2, Declaration of Charlie Bowater regarding memorandum in support of motion, 29

(Exhibit 2-1)

Presentment for Exparte motion 28 and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages 27, motion for leave to file 26 before Honorable Sharon Johnson Coleman on 10/17/2023 at 10:00 AM.

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 10/17/2023. Plaintiff's motion for leave to file under seal 26, motion to exceed page limitation 27, and sealed motion 28 are granted. Enter Order. An in-person status hearing is set for 10/31/2023 at 10:00 AM. All other pending motions are stricken as moot. Mailed notice.

SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 10/17/2023. Mailed notice.

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

SURETY BOND in the amount of $ 3,000.00 posted by Charlie Bowater. (Document not imaged)

MOTION by Plaintiff Charlie Bowater for preliminary injunction

MEMORANDUM by Charlie Bowater in support of motion for preliminary injunction 35

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith A. Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 35 before Honorable Sharon Johnson Coleman on 10/31/2023 at 10:00 AM.

SUMMONS Returned Executed by Charlie Bowater as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/25/2023, answer due 11/15/2023.

(Declaration of Service)

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 10/31/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of a preliminary injunction 35 is granted. Enter Order. The Clerrk's Office is directed to unseal Plaintiff's Amended Schedule A to the Amended Complaint 25, Amended Exhibit 2 to the Declaration of Charlie Bowater 30, and the Temporary Restraining Order 33. An in-person status hearing is set for 11/30/2023 at 10:00 AM. Law Firm of JiangIP LLC is ordered to add ALL Defendant names listed in 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. Mailed notice.

PRELIMINARY INJUNCTION Order. Signed by the Honorable Sharon Johnson Coleman on 10/31/2023: Mailed notice.

NEW PARTIES: Vey yuan, Bing Sign and ZJ Sign added to case caption.

MOTION by Plaintiff Charlie Bowater for default judgment as to The Defendants Identified In Amended Schedule A

MEMORANDUM by Charlie Bowater in support of motion for default judgment 41

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 41 before Honorable Sharon Johnson Coleman on 11/30/2023 at 10:00 AM.

NOTICE of Voluntary Dismissal by All Plaintiffs as to defendant no.3 ZJ Sign

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), this case is dismissed without prejudice as to defendant ZJ Sign only. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 11/30/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of default and default judgment 41 is granted. Default judgment is entered in favor of plaintiff and against the remaining defendants identified on Schedule A. Enter Order. The three thousand dollar ($3,000) surety bond posted by Bowater is hereby released to Bowater or Plaintiff's counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois 60604. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Bowater or Plaintiff's counsel. Civil case terminated. Mailed notice.

DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Sharon Johnson Coleman on 12/1/2023. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: The three thousand dollar ($3,000) surety bond posted by Bowater is hereby released to Bowater or Plaintiff's counsel, Keith Vogt, Ltd., 33 West Jackson Boulevard, #2W, Chicago, Illinois 60604 via certified mail. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Bowater or Plaintiff's counsel. Mailed notice.

MAILED surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith Vogt, Ltd. 33 West Jackson Blvd #2W, Chicago, IL 60604 via certified mail Article # 7022 3330 0001 8861 9766.

RETURN of U.S. Post Office Receipt, article no. 7022 3330 0001 8861 9766.