2024-cv-11907

COMPLAINT filed by Carrie Schmitt; Filing fee $ 405, receipt number AILNDC-22746863.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Carrie Schmitt Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Carrie Schmitt by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Carrie Schmitt by Yanling Jiang

ATTORNEY Appearance for Plaintiff Carrie Schmitt by Yi Bu

ATTORNEY Appearance for Plaintiff Carrie Schmitt by Adam Grodman

ATTORNEY Appearance for Plaintiff Carrie Schmitt by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Carrie Schmitt by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Carrie Schmitt by Christopher Romero

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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 Carrie Schmitt Amended Schedule A to the Complaint 1 and Schedule A 2

MOTION by Plaintiff Carrie Schmitt for leave to file under seal

MOTION by Plaintiff Carrie Schmitt for leave to file excess pages

MEMORANDUM in support of 14 Exparte motion

Declaration of Keith A. Vogt

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

Declaration of Carrie Schmitt

(Exhibit 1, of Carrie Schmitt's declaration)

SEALED EXHIBIT by Plaintiff Carrie Schmitt Sealed Exhibit 2, Declaration of Carrie Schmitt regarding memorandum in support of motion, 15

(Exhibit 2-1)

MAILED Copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal 12, plaintiff's motion to exceed page limitation 13, and plaintiff's motion for temporary restraining order 14 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 13 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 11/27/2024, 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

MEMORANDUM by Carrie Schmitt Establishing that Joinder is Proper

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

ORDER: For the reasons stated in this Order, the Court finds that joinder of 13 defendants is improper under Fed. R. Civ. P. 20(a)(2). Accordingly, Defendant Nos. 2-13 are dismissed without prejudice. Plaintiff's motion for temporary restraining order 14 and motion to exceed page limit 13 are denied without prejudice. Plaintiff may refile its motions consistent with this Order. Plaintiff's motion to file under seal 12 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 23 Exparte Motion

Exhibit 1

Declaration of Keith A. Vogt

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

STATUS Report Pursuant to Minute Entry 22 by Carrie Schmitt

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 23. 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 Carrie Schmitt as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/28/2025, answer due 2/18/2025.

(Declaration of Service)

MOTION by Plaintiff Carrie Schmitt for default judgment as to the Defendant Identified in the [Amended] Schedule A

MEMORANDUM by Carrie Schmitt in support of motion for default judgment 29

Exhibit 1

Exhibit 2

Declaration of Carrie Schmitt

(Declaration of Kenth A. Vogt)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 29 for entry of default and default judgment against the Defendant identified in [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 2/26/2025. If no objections are 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 2/26/2025. 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 Defendant within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 3/6/2025 at 9:15 a.m. Plaintiff need not file the status report due by 3/3/2025 as directed by the Court's order dated 1/21/2025. Telephone status hearing set for 3/11/2025 is stricken. Mailed notice

CERTIFICATE of Service by Plaintiff Carrie Schmitt regarding terminate hearings, set/reset hearings, 31

MINUTE entry before the Honorable Sunil R. Harjani: Defendant identified in [Amended] Schedule A has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 29 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 32 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 3/6/2025 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 3/3/2025. Mailed notice