2024-cv-10653

COMPLAINT AILNDC-22618977 filed by Anagram International, LLC;

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Anagram International, LLC Schedule A to the Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Yi Bu

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Adam Grodman

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Christopher Romero

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3).

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anagram International, LLC

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.

MOTION by Plaintiff Anagram International, LLC for leave to file under seal

MOTION by Plaintiff Anagram International, LLC for leave to file excess pages

MEMORANDUM in support of [14] Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4 of Keith A. Vogt's declaration

Declaration of Christopher Wiles

Exhibit 1, of Christopher Wiles' declaration

SEALED EXHIBIT by Plaintiff Anagram International, LLC Sealed Exhibit 2, Declaration of Christopher Wiles regarding memorandum in support of motion, [15]

Presentment for Exparte Motion [14] and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file[12] before Honorable Jeremy C. Daniel on 10/22/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging copyright infringement against 192 defendants. (R. 1 and R. 2.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before October 25, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "Upon information and belief, Defendants are an interrelated group of infringers working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products." (R. 1 Para. 28.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). The October 22, 2024, motion hearing is stricken. The Court will consider the issues raised in this order first, and will hear argument on the issues raised in this order on October 30, 2024, at 9:30 a.m. Mailed notice.

MAILED Copyright report to Registrar, Washington DC.

AMENDED complaint by Anagram International, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff Anagram International, LLC [Amended] Schedule A to Complaint [1]; Schedule A [2]; and [Amended] Complaint [20]

SEALED EXHIBIT by Plaintiff Anagram International, LLC [Amended] Sealed Exhibit 2, Declaration of Christopher Wiles regarding memorandum in support of motion, [15], exhibit, [16], sealed document[21]

MEMORANDUM establishing that Joinder is Proper

Exhibit 1, filed under seal

SEALED DOCUMENT by Plaintiff Anagram International, LLC Sealed Exhibit 1 in Support of Memorandum Establishing that Joinder is Proper [23]

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. For the reasons stated in open court, the rule to show cause is discharged. The Court takes the supplemental memorandum concerning joinder under advisement. Mailed notice.

ORDER. The amended complaint 20 is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal 12 is granted. All other pending motions [13, 14] are denied as moot. Signed by the Honorable Jeremy C. Daniel on 11/15/2024. Mailed notice

SECOND AMENDED complaint by Anagram International, LLC against Anagram International, LLC

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

Second Amended Schedule A to Second Amended Complaint 27 by Anagram International, LLC

MEMORANDUM in support of 29 Exparte motion

Exhibit 1

Declaration of Keith A. Vogt

(Exhibit 1-2, of Keith A. Vogt's declaration)

Presentment for 29 Exparte motion NOTICE of Motion by Keith A. Vogt for presentment of before Honorable Jeremy C. Daniel on 12/10/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motions for expedited discovery and electronic service of process 29 are granted. The motion hearing is stricken. Mailed notice.

ORDER FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION. Signed by the Honorable Jeremy C. Daniel on 12/19/2024. Mailed notice.

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

SUMMONS Returned Executed by Anagram International, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/26/2024, answer due 1/16/2025.

Declaration of Service

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Status report due on or before 2/7/2025. Mailed notice.

NOTICE of Voluntary Dismissal by All Defendants as to defendant no. 1 AARUJJKU

STATUS Report Pursuant to Minute Entry [36] by Anagram International, LLC

MINUTE entry before the Honorable Jeremy C. Daniel: Pursuant to Notice of Dismissal [37], this case is dismissed without prejudice. Civil case terminated. Mailed notice.

MAILED copyright report to Registrar, Washington DC