2024-cv-05139

COMPLAINT filed by Collegiate Licensing Company, LLC; Filing fee $ 405, receipt number AILNDC-22163213.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Collegiate Licensing Company, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collegiate Licensing Company, LLC

Notice of Claims Involving Trademarks by Collegiate Licensing Company, LLC

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Allyson M. Martin

ATTORNEY Appearance for Plaintiff Collegiate Licensing Company, LLC by Rachel S Miller

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category Two).

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 trademark report to Patent Trademark Office, Alexandria VA

MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 07/12/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 07/03/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice

AMENDED complaint by Collegiate Licensing Company, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

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Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Amended Schedule A regarding amended complaint, 13

MOTION by Plaintiff Collegiate Licensing Company, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for temporary restraining order[15]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Sterling Hawkins regarding memorandum in support of motion[16]

Exhibit 1

DECLARATION of Lindsay Conn regarding memorandum in support of motion[16]

SEALED EXHIBIT by Plaintiff Collegiate Licensing Company, LLC Exhibit 1 regarding declaration[19]

MOTION by Plaintiff Collegiate Licensing Company, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for miscellaneous relief[21]

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

Exhibit 1

Exhibit 2

STATUS Report per [12] by Collegiate Licensing Company, LLC

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [15] 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 Defendant 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 Defendant, 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 07/15/2024, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's motion [21] 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 07/19/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 07/12/2024. Emailed notice

SEALED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 7/5/2024. Emailed notice

Registry Deposit Information Form by Collegiate Licensing Company, LLC

MOTION by Plaintiff Collegiate Licensing Company, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Collegiate Licensing Company, LLC in support of extension of time[28]

DECLARATION of Allyson M. Martin regarding memorandum in support of motion[29]

COMPANY CHECK BOND in the amount of $ 1,000.00 posted by Collegiate Licensing Company, LLC

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the initial TRO, the Plaintiff's motion to extend the TRO 28 is granted. The TRO shall remain effective through 08/02/2024. The tracking status hearing of 07/19/2024 is reset to 08/02/2024 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 by 07/29/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice

MOTION by Plaintiff Collegiate Licensing Company, LLC for preliminary injunction

Exhibit A

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for preliminary injunction[32]

DECLARATION of Allyson M. Martin regarding memorandum in support of motion[33]

Exhibit 1

SUMMONS Returned Executed by Collegiate Licensing Company, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/29/2024, answer due 8/19/2024.

Declaration of Rachel S. Miller

Exhibit A

STATUS Report per [31] by Collegiate Licensing Company, LLC

Exhibit A

MINUTE entry before the Honorable Edmond E. Chang: In light of the facts that justified entry of the TRO, the motion for preliminary injunction [32] is granted. Given the answer deadline of 08/19/2024, R. 35, the tracking status hearing of 08/02/2024 is reset to 08/30/2024 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 08/23/2024. If the Defendant does not answer on time, then the Defendant is deemed in default, and instead the Plaintiff shall file a motion for default judgment in a sum certain by 08/23/2024. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 07/31/2024. Emailed notice

NEW PARTIES: anyishanLiu and the Individuals and Entities Operating anyishanLiu added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A

MOTION by Plaintiff Collegiate Licensing Company, LLC for entry of default as to all Defendants, MOTION by Plaintiff Collegiate Licensing Company, LLC for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Collegiate Licensing Company, LLC in support of motion for entry of default, motion for default judgment, [39]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[40]

Exhibit 1

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment [39] is granted. Judgment entered in favor of the Plaintiff and against the Defendant in the amount of fifty-thousand dollars ($50,000). Given the willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The status hearing of 08/30/2024 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 08/26/2024. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 08/26/2024. Emailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.