2024-cv-02283

COMPLAINT filed by EnchantedMob, Inc., Mob Entertainment, Inc.; Filing fee $ 405, receipt number AILNDC-21765335.

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Exhibit 5

SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by EnchantedMob, Inc., Mob Entertainment, Inc.

Notice of Claims involving Trademarks by EnchantedMob, Inc., Mob Entertainment, Inc.

ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2).

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.

AMENDED complaint by EnchantedMob, Inc., Mob Entertainment, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

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Exhibit 5

SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Schedule A regarding amended complaint, [11]

MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. Plaintiff's motion to seal 3 is granted. On or before 5/24/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 5/31/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice

MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for temporary restraining order 14

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

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Exhibit 3

(Exhibit 4)

DECLARATION of Zach Belanger regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Exhibit 4 - Part 1 regarding declaration 17

(Exhibit 4-1)

MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for miscellaneous relief 19

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiffs' motion for a temporary restraining order 14, including a temporary injunction, a temporary asset restraint, and expedited discovery 14, and plaintiffs' motion for electronic service of process 19 are granted as to the Amended Schedule A 12. Plaintiffs' submissions establish that, were defendants to learn of these proceedings before the execution of plaintiffs' 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 file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiffs' filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiffs' interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiffs shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiffs 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 5/24/24 at 9:00 a.m. (to track the case only, no appearance is required).Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 4/10/2024.Mailed notice

Registry Deposit Information Form by EnchantedMob, Inc., Mob Entertainment, Inc.

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

BOND in the amount of $1,000.00 company check, Receipt No. 100005042, posted by EnchantedMob, Inc., Mob Entertainment, Inc.

MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for preliminary injunction 25

Declaration of Kahlia R. Halpern

(Exhibit 1)

SUMMONS Returned Executed by EnchantedMob, Inc., Mob Entertainment, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/19/2024, answer due 5/10/2024.

Declaration of Quinn B. Guillermo

(Exhibit A)

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion for entry of a preliminary injunction 25. In connection with that motion, plaintiff must serve all remaining 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 by or before 5/3/24." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date upon 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 Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. regarding text entry, 28

(Exhibit A)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction [25] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants 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 connection with entry of the TRO, 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 that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 5/24/24 tracking status hearing is stricken and re-set to 7/8/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice

NEW PARTIES: ysn525 added to case caption.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeffrey I Cummings on 5/9/2024. Mailed notice

MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for entry of default, MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for entry of default, motion for default judgment, 32

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 33

(Exhibit 1)

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [32] for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 6/5/24. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice

CERTIFICATE of Service by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. regarding text entry, [35]

Exhibit A

NOTICE of Voluntary Dismissal by EnchantedMob, Inc., Mob Entertainment, Inc. as to a certain Defendant

STATUS Report Pursuant to 13 by EnchantedMob, Inc., Mob Entertainment, Inc.

(Exhibit A)

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff has filed a notice of voluntary dismissal 37, which is self-effectuating under Rule 41(a)(1)(A)(i). Plaintiff's motion for default judgment 32 is terminated as moot. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice

MOTION by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. for Release of Bond

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for release of bond 40 is granted. Enter Order. Mailed notice

ORDER to Release Bond to Plaintiff Signed by the Honorable Jeffrey I Cummings on 6/12/2024. Mailed notice