2023-cv-16866

COMPLAINT filed by Entertainment One UK Ltd. ; Filing fee $ 405, receipt number AILNDC-21433014.

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MOTION by Plaintiff Entertainment One UK Ltd. for Leave to File Certain Documents Under Seal

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 Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2).

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Entertainment One UK Ltd.

Notice of Claims Involving Trademarks by Entertainment One UK Ltd.

ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Martin Francis Trainor

ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Sydney Paige Fenton

ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Richard M. Poskozim

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.

AMENDED complaint by Entertainment One UK Ltd. against The Partnerships and Unincorporated Associations Identified On Schedule A

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SEALED EXHIBIT by Plaintiff Entertainment One UK Ltd. Schedule A regarding amended complaint[11]

MOTION by Plaintiff Entertainment One UK Ltd. for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Entertainment One UK Ltd. in support of motion for miscellaneous relief[13]

Declaration of Martin F. Trainor

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DECLARATION of Paul Varley regarding memorandum in support of motion[14]

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SEALED EXHIBIT by Plaintiff Entertainment One UK Ltd. Exhibit 2 regarding declaration[15]

MOTION by Plaintiff Entertainment One UK Ltd. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Entertainment One UK Ltd. in support of motion for miscellaneous relief[17]

Declaration of Martin F. Trainor

Exhibit 1

ATTORNEY Appearance for Plaintiff Entertainment One UK Ltd. by Alexander Whang

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [13] 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 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 04/08/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion [17] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 04/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/09/2024. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 04/02/2024. Emailed notice

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

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/02/2024. Emailed notice

MOTION by Plaintiff Entertainment One UK Ltd. to Extend the Temporary Restraining Order

MEMORANDUM by Entertainment One UK Ltd. in support of motion for miscellaneous relief[23]

Declaration of Martin F. Trainor

NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief[23] before Honorable Edmond E. Chang on 4/12/2024 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend TRO 23 is granted through 04/30/2024. The tracking status hearing of 04/12/2024 is reset to 05/03/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on 04/26/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice

SURETY BOND in the amount of $ 2,000 posted by Entertainment One UK Ltd. (Document not scanned.)

SUMMONS Returned Executed by Entertainment One UK Ltd. as to The Partnerships and Unincorporated Associations Identified On Schedule A on 4/26/2024, answer due 5/17/2024.

Declaration of Alexander Whang

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MOTION by Plaintiff Entertainment One UK Ltd. for preliminary injunction

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MEMORANDUM by Entertainment One UK Ltd. in support of motion for preliminary injunction[29]

Declaration of Martin F. Trainor

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NOTICE of Motion by Martin Francis Trainor for presentment of motion for preliminary injunction[29] before Honorable Edmond E. Chang on 4/30/2024 at 08:30 AM.

STATUS Report by Entertainment One UK Ltd.

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MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction [29] is granted. The response to the complaint is due on 05/17/2024. R. 28. The tracking status hearing of 05/03/2024 is reset to 05/31/2024 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 05/24/2024. If the Defendants do not respond to the complaint on time, then they are deemed in default, and the Plaintiff shall instead file a motion for default judgment by 05/24/2024. The Clerk of Court is directed to unseal the filings in this case. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/29/2024. Emailed notice

MOTION by Attorney Richard Poskozim to withdraw as attorney for Entertainment One UK Ltd. No party information provided

MINUTE entry before the Honorable Edmond E. Chang: Motion to withdraw Richard Poskozim as counsel for plaintiff [35] is granted. Emailed notice

MOTION by Plaintiff Entertainment One UK Ltd. for entry of default, MOTION by Plaintiff Entertainment One UK Ltd. for default judgment as to all Defendants

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MEMORANDUM by Entertainment One UK Ltd. in support of motion for entry of default, motion for default judgment[37]

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DECLARATION of Martin F. Trainor regarding memorandum in support of motion[38]

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NOTICE of Motion by Martin Francis Trainor for presentment of motion for entry of default, motion for default judgment[37] before Honorable Edmond E. Chang on 5/29/2024 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: The notice of motion [40] is vacated. The Court will take the motion [37] under advisement. Emailed notice

DEFAULT JUDGMENT ORDER ORDER signed by the Honorable Edmond E. Chang on 5/28/2024: In light of the absence of a timely answer, the motion for default judgment is granted, with statutory damages set at twenty-five thousand dollars ($25,000.00) from each Defendant. Given the willfulness established by the default, a permanent injunction will be entered. A separate AO-450 judgment shall be entered. Civil case terminated. Emailed notice

ENTERED JUDGMENT on 5/28/2024. Emailed notice