2024-cv-04910

COMPLAINT filed by EnchantedMob, Inc., Mob Entertainment, Inc.; Filing fee $ 405, receipt number AILNDC-22139097.

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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 Quinn Bradley Guillermo

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

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (evw,)

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.

MAILED copyright report to Registrar, Washington DC

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

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

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Exhibit 6

SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Amended Schedule A regarding amended complaint, [14]

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[16]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

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Exhibit 4

DECLARATION of Zach Belanger regarding memorandum in support of motion[17]

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Exhibit 3

SEALED EXHIBIT by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. Exhibit 4 Part 1 regarding declaration[19]

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[21]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[21], motion for temporary restraining order[16], motion for leave to file[3] before Honorable LaShonda A. Hunt on 6/25/2024 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: 1.Plaintiffs' motion for leave to file under seal [3] is granted. Schedule A to the Complaint [2], Schedule A to the Amended Complaint [15], and Exhibit 4 Part 1 to the Declaration of Zach Belanger [20] shall remain under seal pending further order of the Court. No appearance is necessary on 6/25/24. Mailed notice.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [16] and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [21] are granted. Plaintiffs' written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 6/25/24. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 6/20/2024. Emailed copy to plaintiff's counsel.

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

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

Civil Bond BOND in the amount of $ 1000.00 check, receipt no. 100007667 posted by EnchantedMob, 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[29]

Declaration of Quinn B. Guillermo

Exhibit 1

NOTICE of Motion by Quinn Bradley Guillermo for presentment of motion for preliminary injunction[29] before Honorable LaShonda A. Hunt on 7/3/2024 at 10:00 AM.

Exhibit A

SUMMONS Returned Executed by EnchantedMob, Inc., Mob Entertainment, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/28/2024, answer due 7/19/2024.

Declaration of Jennifer V. Nacht

Exhibit A

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiffs' Motion for Entry of a Preliminary Injunction 29 is taken under advisement. A telephonic motion hearing is set for 7/16/24 at 9:30AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 7/15/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO, the TRO is extended to and including the date 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. Plaintiffs must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. No appearance is necessary on 7/3/24. Emailed notice.

CERTIFICATE of Service by Plaintiffs EnchantedMob, Inc., Mob Entertainment, Inc. regarding terminate hearings, set motion and R&R deadlines/hearings, 33

(Exhibit A)

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

MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Notice of Dismissal [35], this action is being dismissed with leave to reinstate within two hundred and seventy (270) days. All pending motions and deadlines are terminated as moot. Civil case terminated. Emailed notice.

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

NOTICE of Motion by Quinn Bradley Guillermo for presentment of motion for miscellaneous relief[37] before Honorable LaShonda A. Hunt on 7/24/2024 at 10:00 AM.

MAILED trademark report with certified copy of minute order dated 07/16/24 to Patent Trademark Office, Alexandria VA.

Certified Minute Order

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for release of bond 37 is granted. Enter release order. No appearance is necessary on 7/24/24. Emailed notice.

ORDER TO RELEASE BOND TO PLAINTIFF Signed by the Honorable LaShonda A. Hunt on 7/18/2024. Emailed notice.