2024-cv-11939

COMPLAINT filed by Epoch Company, Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22750656.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Epoch Company, Ltd. by John Wilson

MOTION by Plaintiff Epoch Company, Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Epoch Company, Ltd. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Epoch Company, Ltd.

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).

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

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. 7) is hereby denied for the reasons stated by the Court in Zorro Productions, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A (23-cv-5761). 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.

MOTION by Plaintiff Epoch Company, Ltd. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Epoch Company, Ltd. to expedite Plaintiff's Motion for Expedited Discovery

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to conduct expedited discovery (Dckt. No. 15) is hereby granted. Plaintiff's motion for electronic service of process (Dckt. No. 14) is hereby granted. Order to follow. Mailed notice

ORDER GRANTING EXPEDITED THIRD-PARTY DISCOVERY AND ELECTRONIC SERVICE OF PROCESS Signed by the Honorable Steven C. Seeger on 4/25/2025. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: On April 25, 2025, the Court granted Plaintiff's motion for expedited third-party discovery and electronic service of process (Dckt. No. 17). The Court permitted third parties 14 days to respond to discovery requests. Plaintiff had an obligation to serve those requests in a timely manner. Plaintiff must file a status report by May 9, 2025. Plaintiff must serve process by May 23, 2025. The Court expects Plaintiff to keep this case moving along. The Court directs the parties to engage in meaningful, good faith settlement discussions at the earliest opportunity. A failure to comply will lead to appropriate relief, including dismissal. Mailed notice

STATUS Report by Epoch Company, Ltd.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the status report. (Dckt. No. 19) By May 16, 2025, Plaintiff must file a status report or a motion to compel. The Court directs the parties to engage in good faith, energetic settlement discussions. Plaintiff must press the case forward in a diligent manner, with a sense of purpose. Plaintiff must serve a copy of this order and file a certificate of service. Mailed notice

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Epoch Company, Ltd.

NOTICE of Voluntary Dismissal by Epoch Company, Ltd. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

STATUS Report by Epoch Company, Ltd.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the docket, including the recent status report (Dckt. No. 24) and the subsequent entry by the Clerk's Office about the summons. By the look of things, Plaintiff's submission to the Clerk of Court seeking the issuance of summons was rejected because Plaintiff used the incorrect form. The Clerk provided a hyperlink to the correct form in that same docket entry. The Court directs Plaintiff to resubmit a summons request to the Clerk of Court on the correct form by May 21, 2025. The Court reaffirms its deadline of May 23, 2025 to serve process on Defendants as noted in its order dated May 2, 2025 (Dckt. No. 18). Plaintiff must file an affidavit of service of process by May 23, 2025. A failure to obtain a summons, serve process, and file an affidavit of summons by May 23, 2025 will lead to dismissal. If Defendants miss the deadline to respond to the complaint, then Plaintiff must file a motion for default and default judgment within one business day. A response to that motion is due two weeks later. The Court directs the parties to engage in good faith, energetic settlement discussions. Plaintiff must serve a copy of this order and file a certificate of service. A failure to comply will lead to appropriate relief, including dismissal and the entry of judgment. Mailed notice.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by Epoch Company, Ltd. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/22/2025, answer due 6/12/2025.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Epoch Company, Ltd.

DECLARATION of Kazuto Fumuro

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 2 Part 1 to Fumuro Declaration regarding declaration 30

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 2 Part 2 to Fumuro Declaration regarding declaration 30

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 2 Part 3 to Fumuro Declaration regarding declaration 30

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 2 Part 4 to Fumuro Declaration regarding declaration 30

EXHIBIT by Plaintiff Epoch Company, Ltd. Exhibit 2 Part 5 to Fumuro Declaration regarding declaration 30

MINUTE entry before the Honorable Steven C. Seeger: Based on the affidavit of service (Dckt. No. 28), the answers are due by June 12, 2025. If Defendants do not meet that deadline, then Plaintiff must file a motion for the entry of default and default judgment by June 13, 2025. A response to that motion is due by June 27, 2025. The Court reminds Plaintiff to submit a Word version of the proposed judgment to the proposed order inbox, proposed_order_seeger@ilnd.uscourts.gov. A failure to comply will lead to appropriate relief, including dismissal or the entry of judgment. Plaintiff must serve a copy of this order and file a certificate of service. Mailed notice

AMENDED complaint by Epoch Company, Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

Exhibit 1

(Exhibit 2)

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Epoch Company, Ltd.

STATUS Report by Epoch Company, Ltd.

MINUTE entry before the Honorable Steven C. Seeger: The Court previously set a deadline of June 13, 2025 for Plaintiff to file a motion for default and default judgment (Dckt. No. 36). On June 3, 2025, Plaintiff filed an amended complaint (Dckt. No. 37). Rule 15 permits a plaintiff to file an amended complaint without leave of court within 21 days of serving Defendants. See Fed. R. Civ. P. 15(a)(1)(A). Plaintiff served Defendants on May 22, 2025 (Dckt. No. 28), so the amended complaint does fall within the 21-day window. But Plaintiffs failed to comply with the Court's standing order, which requires an amended complaint to include a redline exhibit comparing the amended complaint against the original complaint, as noted on the Court's website. So the Court cannot easily see what is different about the amended complaint. But, by the look of things, very little has changed, except for a few more copyright registration documents filed as an exhibit to the complaint. The Court also reviewed Plaintiff's status report (Dckt. No. 39). Plaintiff seeks a settlement with Defendants (Dckt. No. 39). The Court also wonders why it took Plaintiffs over seven months to file an amended complaint, particularly since the documents in the amended complaint appear to have been in Plaintiff's possession from the beginning of this case. Overall, Plaintiffs have not shown much urgency in prosecuting this case. Plaintiff took six months just to serve Defendants, twice the 90-day limit permitted by the Federal Rules under normal circumstances. See Fed. R. Civ. P. 4(m). That lack of urgency is going to change. By June 18, 2025, Plaintiff must file a redline showing the differences between the amended complaint (Dckt. No. 37) and the original complaint (Dckt. No. 1). By that same date, Plaintiff must also show cause why the case should not be dismissed for failure to comply with the Court's standing order. Last, Plaintiff's counsel must affirmatively certify in that filing that it did not file the amended complaint (Dckt. No. 37) for the purpose of "caus[ing] unnecessary delay" that is, additional time to negotiate a settlement. If Defendants miss the deadline for the answer, then Plaintiff must file a motion for entry of default and a default judgment no later than two business days later. A response to any such motion is due two weeks later. A failure to comply will lead to appropriate relief, including without limitation dismissal or the entry of judgment. The Court directs the parties to discuss settlement with a sense of urgency, and press forward toward the goal line with all due speed. The parties must file a joint status report about settlement by June 23, 2025. The Court expects the parties to make every effort to achieve substantial progress in the meantime. Emailed notice

EXHIBIT by Plaintiff Epoch Company, Ltd. regarding amended complaint, 37

Exhibit 1

(Exhibit 2)

RESPONSE by Plaintiff Epoch Company, Ltd. Plaintiff's Response to the Court's June 17, 2025 Minute Order [Dkt. No. 40]

MOTION by Plaintiff Epoch Company, Ltd. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Schedule A

(Exhibit A)

MEMORANDUM by Epoch Company, Ltd. in support of motion for default judgment 43

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 43

(Exhibit Hierl Exhibit 1)

STATUS Report by Epoch Company, Ltd.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's status report (Dckt. No. 46). Plaintiff has concluded settlement negotiations and has filed a motion for default and default judgment (Dckt. No. 43) against remaining Defendants. The original deadline for Defendants to answer the complaint was June 12, 2025 (Dckt. No. 28). So the Court directed Plaintiffs to file a motion for default and default judgment by June 13, 2025, and set a deadline of June 27, 2025 for any response to that motion (Dckt. No. 36). On June 3, 2025, Plaintiff felt the need to file an amended complaint, even though the amended complaint (Dckt. No. 37) had no substantive changes other than a few additional attached exhibits (Dckt. No. 41). Exhibits are usually evidence, not facts, so the Court is unsure why Plaintiff needed to have all of its exhibits included in the complaint. In any case, the amended complaint reset the deadline for Defendants to answer to June 17, 2025. See Rule 15(a)(3) (providing 14 days to respond to an amended complaint). That date has come and gone, and no Defendant responded to the complaint. So the Court hereby enters default against all remaining Defendants under Rule 55(a). Defendants were previously on notice that they would need to respond to a motion for default judgment by June 27, 2025 (Dckt. No. 36). Given that prior notice, and given that the amended complaint did not make any changes, this Court does not see any need to adjust the deadline to respond to the motion for default judgment. As previously ordered, any response to the motion for default judgment is due by June 27, 2025. A failure to comply will lead to appropriate relief, including possible entry of judgment. The Court reminds Plaintiff of the need to submit a Word version of a proposed judgment to the proposed order inbox, Proposed_Order_Seeger@ilnd.uscourts.gov. Plaintiff must serve a copy of this order on Defendants and file a certificate of service. Mailed notice

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Epoch Company, Ltd.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for the entry of default judgment (Dckt. No. 43) against all remaining Defendants identified in the Schedule A is hereby granted. Any answer to the complaint from Defendants was due by June 17, 2025 (Dckt. No. 47). That date has come and gone. On June 25, 2025, the Court entered default against all remaining Defendants under Rule 55(a) (Dckt. No. 47). On May 30, 2025, this Court set a deadline of June 27, 2025 (Dckt. Nos. 36, 47) for any Defendant to respond to the motion for default and default judgment. No Defendant responded to that motion, and that date has now passed. So the motion for default judgment against the remaining Defendants (Dckt. No. 43) is hereby granted. The Court enters default judgment against all Defendants on the Amended Schedule A under Rule 55(b). Final Judgment Order and Permanent Injunction Order to follow. The case is closed. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 6/30/2025. Mailed notice.

PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 6/30/2025. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

SATISFACTION of Judgment