2024-cv-03313

COMPLAINT filed by EnchantedMob, Inc., Mob Entertainment, Inc.; Filing fee $ 405, receipt number AILNDC-21893991.

Exhibit 1

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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

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 Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2).

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

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED DOCUMENT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Schedule A

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[13]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Zach Belanger regarding memorandum in support of motion[14]

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Exhibit 2

Exhibit 3

SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Exhibit 4 Parts 1 of 1 regarding declaration[16]

MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, plaintiff has until and including 5/72024 to show cause why joinder is permissible in this case. See the order for details.Mailed notice

ORDER Signed by the Honorable Joan B. Gottschall on 4/30/2024. Mailed notice

RESPONSE by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. to order[19]

MINUTE entry before the Honorable Joan B. Gottschall: On 4/29/2024, plaintiffs filed an amended complaint [11] and amended schedule A of defendants [12] naming a single defendant. Accordingly, plaintiffs' show-cause order [19] is stricken as moot. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: If plaintiffs intend to serve Walmart and Paypal, the service providers named in their proposed temporary restraining order, plaintiffs must file a certificate of service on or before 5/3/2024.Mailed notice

CERTIFICATE of Service by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. regarding text entry, [22]

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs have filed a motion 13 for temporary restraining order. Plaintiffs' motion is ex parte as to the defendant, but plaintiffs have given notice of the motion 23 to the non-party providers of services to the defendant named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until noon on 5/17/2024 to object to plaintiffs' request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendant named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before noon on 5/17/2024. Plaintiffs are ordered to serve the third-party providers with a copy of this order on or before 5/6/2024. Plaintiffs must file a certificate of service on or before 5/7/2024.Mailed notice

CERTIFICATE of Service by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. regarding text entry, 24

MINUTE entry before the Honorable Joan B. Gottschall: The deadline [24] of 5/17/2024 to object to, or request a hearing on, plaintiff's motion for temporary restraining order has come and gone, and nothing has been received. Upon consideration of the certificate of service [23] filed 5/2/2024, plaintiff's motion [3] for leave to file certain documents under seal and motion [13] for entry of a sealed temporary restraining order are granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 6/5/2024 at 10:30 a.m. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 4 to the declaration of Zach Belanger, as well as to any e-mail addresses provided for defendants by third parties. Any notice must include a link to said website. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 5/22/2024.Mailed notice

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

CIVIL BOND in the amount of $1,000.00 company check, Receipt No. 100006553, posted by EnchantedMob, Inc., Mob Entertainment, Inc.

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 29

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 30

Exhibit 1

(Exhibit 2)

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 32

Declaration of Kahlia R. Halpern

(Exhibit 1)

MINUTE entry before the Honorable LaShonda A. Hunt: The deadline [26] to respond to or request a hearing on plaintiff's motion for preliminary injunction has come and gone, and nothing has been received. Plaintiff's motion [32] for preliminary injunction is granted. Plaintiff's motion [29] under Fed. R. Civ. P. 4(f)(3) for leave to serve the summons and complaint by electronic means is denied without prejudice because plaintiff neither cites nor attempts to distinguish this court's holding in Luxottica Grp. S.p.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 391 F. Supp. 3d 816, 82128 (N.D. Ill. 2019), that a plaintiff must demonstrate reasonable diligence in determining an international defendant's mailing address before the court can find that the Hague Convention does not apply and authorize service by electronic means. See Luxottica, 391 F. Supp. 3d at 82224. The supporting declaration of plaintiff's attorney [31] states in paragraph three that few if any defendants provide a physical address (there is one defendant) on their online storefront, but, unlike in many similar cases, no mention is made of investigating any mailing addresses provided by third-party providers in response to plaintiff's discovery requests. Plaintiff may renew its motion after third-party providers of services to defendant answer plaintiff's discovery requests, and plaintiff has conducted a reasonably diligent investigation of any mailing addresses disclosed. Plaintiff is instructed to revise its proposed preliminary injunction and eliminate the language from paragraph seven authorizing service of process under Fed R. Civ. P. 4(f) (3). The court also draws the attention of counsel to repetitive language elsewhere in paragraph seven and an apparent typographical error of the word "derivate" on page two. Finally, the proposed preliminary injunction must identify the copyrighted works defendant is prohibited from infringing in order to comply with Fed. R. Civ. P. 65(d)(2), requiring that every preliminary injunction "describe in reasonable detail--and not by referring to the complaint or other document--the act or acts restrained or required." Consistent with these instructions, plaintiff's revised proposed form of preliminary injunction must be sent in Word and PDF formats to Proposed_Order_Gottschall@ilnd.uscourts.gov by noon on 6/4/2024. Mailed notice

NOTICE of Correction regarding [34].

MINUTE entry before the Honorable Joan B. Gottschall: The deadline [26] to respond to or request a hearing on plaintiff's motion for preliminary injunction has come and gone, and nothing has been received. Plaintiff's motion [32] for preliminary injunction is granted. Plaintiff's motion [29] under Fed. R. Civ. P. 4(f)(3) for leave to serve the summons and complaint by electronic means is denied without prejudice because plaintiff neither cites nor attempts to distinguish this court's holding in Luxottica Grp. S.p.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 391 F. Supp. 3d 816, 82128 (N.D. Ill. 2019), that a plaintiff must demonstrate reasonable diligence in determining an international defendant's mailing address before the court can find that the Hague Convention does not apply and authorize service by electronic means. See Luxottica, 391 F. Supp. 3d at 82224. The supporting declaration of plaintiff's attorney [31] states in paragraph three that few if any defendants provide a physical address (there is one defendant) on their online storefront, but, unlike in many similar cases, no mention is made of investigating any mailing addresses provided by third-party providers in response to plaintiff's discovery requests. Plaintiff may renew its motion after third-party providers of services to defendant answer plaintiff's discovery requests, and plaintiff has conducted a reasonably diligent investigation of any mailing addresses disclosed. Plaintiff is instructed to revise its proposed preliminary injunction and eliminate the language from paragraph seven authorizing service of process under Fed R. Civ. P. 4(f) (3). The court also draws the attention of counsel to repetitive language elsewhere in paragraph seven and an apparent typographical error of the word "derivate" on page two. Finally, the proposed preliminary injunction must identify the copyrighted works defendant is prohibited from infringing in order to comply with Fed. R. Civ. P. 65(d)(2), requiring that every preliminary injunction "describe in reasonable detail--and not by referring to the complaint or other document--the act or acts restrained or required." Consistent with these instructions, plaintiff's revised proposed form of preliminary injunction must be sent in Word and PDF formats to Proposed_Order_Gottschall@ilnd.uscourts.gov by noon on 6/4/2024. Mailed notice

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

Exhibit A

MEMORANDUM by EnchantedMob, Inc., Mob Entertainment, Inc. in support of motion for miscellaneous relief[37]

Declaration of Justin R. Gaudio

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' renewed motion [37] for leave to serve defendant by electronic means with the complaint and summons is granted. Enter order. Enter preliminary injunction order. The hearing tentatively set for 6/5/2024 at 10:30 a.m. is stricken. Plaintiffs are instructed to file a status report on or before 7/10/2024.Mailed notice

ORDER Signed by the Honorable Joan B. Gottschall on 6/4/2024.Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 6/4/2024.Mailed notice

ATTORNEY Appearance for Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. by Jennifer Van Nacht

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

NEW PARTIES: XINXINGSHICHENG added to case caption.

SUMMONS Returned Executed by EnchantedMob, Inc., Mob Entertainment, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/5/2024, answer due 6/26/2024.

Declaration of Jennifer V. Nacht

(Exhibit A)

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, 44

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 45

(Exhibit 1)

MINUTE entry before the Honorable Joan B. Gottschall: Any response to plaintiffs' motion [44] for entry of default and for entry of default judgment is due on or before 7/15/2024. The court will rule on the papers unless a hearing is requested on or before 7/15/2024. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiffs are ordered to serve defendants and any affected third-party providers with a copy of this order and file a certificate of service on or before 7/3/2024.Mailed notice

CERTIFICATE of Service by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. regarding set motion and R&R deadlines/hearings, 47

(Exhibit A)

STATUS Report Pursuant to [39] by EnchantedMob, Inc., Mob Entertainment, Inc.

MINUTE entry before the Honorable Joan B. Gottschall: Defendants have until July 15, 2024, to request a hearing on the motion for default judgment, ECF No. 47 (min. entry of July 1, 2024). Mailed notice (gel,)

MINUTE entry before the Honorable Joan B. Gottschall: The deadline 47 to request a hearing on, or file a response to, plaintiffs' motion for default judgment has come and gone, and nothing has been received. Upon consideration of the certificate of service 48 filed 7/2/2024, plaintiffs' motion 44 for entry of an order of default and default judgment is granted. Plaintiffs are instructed to send a proposed default judgment, in Word and PDF formats, to Proposed_Order_Gottschall@ilnd.uscourts.gov on or before 8/2/2024. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Enter default judgment. Civil case terminated.Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 8/15/2024.Mailed notice

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

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion 54 to release bond is granted. Enter order. Mailed notice

ORDER TO RELEASE BOND TO PLAINTIFF Signed by the Honorable Joan B. Gottschall on 8/23/2024.Mailed notice