2024-cv-11582

COMPLAINT filed by Anagram International, LLC; Filing fee $ 405, receipt number AILNDC-22710866.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff Anagram International, LLC Schedule A to 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

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

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

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

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3).

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 Sunil R. Harjani. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3).

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.

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

SEALED DOCUMENT by Plaintiff Anagram International, LLC Amended Schedule A to the Complaint 1 and Schedule A 2

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 16 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4, of 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, 17

(Exhibit 2-1)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 14, plaintiff's motion to exceed page limitation 15, and plaintiff's motion for temporary restraining order 16 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 50 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 11/20/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice

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

Exhibit 1

(Exhibit 2)

SEALED DOCUMENT by Plaintiff Anagram International, LLC Second Amended Schedule A to Complaint 1 ; Schedule A 2 ; Amended Schedule A 13 ; and Amended Complaint 20

MEMORANDUM by Anagram International, LLC Memorandum Establishing that Joinder is Proper

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiff Anagram International, LLC Amended Sealed Exhibit 2, Declaration of Christopher Wiles regarding exhibit 18, memorandum in support of motion, 17

(Exhibit 2)

ORDER: For the reasons stated in this Order, the Court finds that joinder of five defendants is improper under Fed. R. Civ. P. 20(a)(2). Accordingly, Defendant Nos. 2-5 are dismissed without prejudice. Plaintiff's motion for temporary restraining order 16 and motion to exceed page limit 15 are denied without prejudice. Plaintiff may refile its motions consistent with this Order. Plaintiff's motion to file under seal 14 is granted. Signed by the Honorable Sunil R. Harjani on 12/20/2024. Mailed notice

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 12/20/2024: Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: By 1/21/2025, Plaintiff shall file a status report with an update on the case. Mailed notice

MEMORANDUM in Support of [27] Exparte Motion

Exhibit 1

Declaration of Keith A. Vogt

Exhibit 1-2, of Keith A. Vogt's Declaration

STATUS Report Pursuant to Minute Entry [26] by Anagram International, LLC

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for leave to conduct expedited discovery and electronic service of process is granted as to Defendant No. 1 [28]. 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 defendant. Expedited discovery is warranted to identify the individuals or business entities who own and/or operate the e-commerce store under the seller alias, the nature of their operations, all associated sales, and the financial accounts used for their operations. By 3/3/2025, Plaintiff shall file a status report with an update on the case. Telephone status hearing is set for 3/11/2025 at 9:15 a.m. The call-in number is (855) 2448681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

ORDER FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION Signed by the Honorable Sunil R. Harjani on 1/21/2025. Mailed notice

SUMMONS Returned Executed by Anagram International, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/28/2025, answer due 2/18/2025.

(Declaration of Service)

MINUTE entry before the Honorable Sunil R. Harjani: Defendant's response to the complaint is due by 2/18/2025. Plaintiff should file any motion for entry of default and default judgment by 3/3/2025. If default and default judgment are not being sought, Plaintiff is ordered to file a status report advising whether the parties anticipate a settlement or further litigation. Otherwise, plaintiff need not file the status report due 3/3/2025 as directed by the Court's order dated 1/21/2025. Mailed notice

MOTION by Plaintiff Anagram International, LLC for default judgment as to the Defendants Identified in Second Amended Schedule A

MEMORANDUM by Anagram International, LLC in support of motion for default judgment[34]

Exhibit 1

Exhibit 2

Declaration of Christopher Wiles

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [34] for entry of default and default judgment against the defendant identified in Second Amended Schedule A. Defendant has 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 objection to the motion for entry of default judgment must be filed on or before 3/3/2025. If no objection is filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 3/3/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. Telephone status hearing set for 3/11/2025 at 9:15 a.m. is converted to a tentative default judgment hearing. Mailed notice

CERTIFICATE of Service by Plaintiff Anagram International, LLC regarding terminate hearings, set/reset hearings, [36]

MINUTE entry before the Honorable Sunil R. Harjani: Defendant identified in Second Amended Schedule A has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [34] is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyright irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendant (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established [37] that it provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 3/11/2025 is stricken. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice

FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 3/4/2025. Mailed notice

EMAILED Copyright report with certified copy of minute order dated 3/4/25 to Registrar, Washington DC