2024-cv-12646

COMPLAINT filed by Pushpeel LLC; Filing fee $ 405, receipt number AILNDC-22817083.

Exhibit 1

SEALED EXHIBIT by Plaintiff Pushpeel LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Pushpeel LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pushpeel LLC

ATTORNEY Appearance for Plaintiff Pushpeel LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Pushpeel LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Pushpeel LLC by Trevor Christian Talhami

ATTORNEY Appearance for Plaintiff Pushpeel LLC by Lucas Allen Peterson

CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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

Check BOND in the amount of $ 1000 Rcpt. No: 100014459 posted by Pushpeel LLC

NEW PARTIES: HSGTRH added to case caption.

MOTION by Plaintiff Pushpeel LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Pushpeel LLC in support of motion for temporary restraining order[10]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[11]

DECLARATION of Sayer Murphy regarding memorandum in support of motion[11]

Exhibit 1

SEALED EXHIBIT by Plaintiff Pushpeel LLC Exhibit 2 - Parts 1-3 regarding declaration[13]

MOTION by Plaintiff Pushpeel LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Pushpeel LLC in support of motion for miscellaneous relief[15]

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

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[10], motion for miscellaneous relief[15], motion for leave to file[3] before Honorable April M. Perry on 12/17/2024 at 10:00 AM.

SEALED DOCUMENT by Plaintiff Pushpeel LLC Schedule A Template

MINUTE entry before the Honorable April M. Perry: Plaintiff's motions for leave to file under seal [3] and for electronic service of process [15] are granted. Plaintiff's motion for an ex parte temporary restraining order [10] is taken under advisement. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 147 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). The Seventh Circuit has found it "appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases." Id. at 186 (discussing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)). When addressing joinder, Plaintiff is reminded that "[c]ourts in this district generally agree that alleging that multiple defendants have infringed on the same copyright in the same way does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." See Roadget Bus. Pte. Ltd. v. Individuals, Corps, Ltd. Liab. Companies, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23 C 17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). By 12/23/2024, the Plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in the aforementioned cases. In the alternative, plaintiff has leave to file an amended complaint by 12/23/2024 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. The motion hearing set for 12/17/2024 is stricken. Mailed notice. (jcc,)

AMENDED complaint by Pushpeel LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Pushpeel LLC Schedule A regarding amended complaint 21

MOTION by Plaintiff Pushpeel LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Pushpeel LLC in support of motion for temporary restraining order 23

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 24

DECLARATION of Sayer Murphy regarding memorandum in support of motion 24

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Pushpeel LLC Exhibit 2 regarding declaration 26

SEALED DOCUMENT by Plaintiff Pushpeel LLC Schedule A Template

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 23 before Honorable April M. Perry on 12/18/2024 at 10:00 AM.

MINUTE entry before the Honorable April M. Perry: Plaintiff's ex parte motion for entry of a temporary restraining order [23], including a temporary injunction, a temporary asset restraint, and expedited discovery, is granted. Plaintiff's earlier motion for entry of a temporary restraining order [10] is denied as moot. Plaintiff's written submissions establish that if defendant was informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendant, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendant from an order directing it to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with an online marketplace defendant. Expedited discovery is warranted to identify defendant and implement the asset freeze. If the defendant were to appear and object, the Court will revisit the asset freeze and personal jurisdiction. A $ 1,000 bond is sufficient to secure the injunctive relief. The Court strikes the motion hearing set for 12/18/2024. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable April M. Perry on 12/16/2024. Mailed notice.

Registry Deposit Information Form by Pushpeel LLC

MOTION by Plaintiff Pushpeel LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Pushpeel LLC in support of extension of time[33]

DECLARATION of Trevor C. Talhami regarding memorandum in support of motion[34]

NOTICE of Motion by Trevor Christian Talhami for presentment of extension of time[33] before Honorable April M. Perry on 12/31/2024 at 10:00 AM.

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Extend the Temporary Restraining Order [33] is granted. The previously-granted TRO [31] shall be extended until 1/13/2025. The Court strikes the hearing date of 12/31/2024. Mailed notice. (jcc,)

SEALED EXTENSION OF TEMPORARY RESTRAINING ORDER. Signed by the Honorable April M. Perry on 12/19/2024. Mailed notice. (jcc,)

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.

MAILED copyright report to Registrar, Washington DC

MOTION by Plaintiff Pushpeel LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Pushpeel LLC in support of motion for preliminary injunction 41

DECLARATION of Trevor C. Talhami regarding memorandum in support of motion 42

NOTICE of Motion by Trevor Christian Talhami for presentment of motion for preliminary injunction 41 before Honorable April M. Perry on 1/8/2025 at 10:00 AM.

(Exhibit A)

SUMMONS Returned Executed by Pushpeel LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/3/2025, answer due 1/24/2025.

Declaration of Lucas A. Peterson

(Exhibit A)

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for a preliminary injunction 41 is taken under advisement. The Court strikes the 1/8/2025 hearing. Plaintiff's motion for entry of a preliminary injunction will be heard at a hearing on 1/10/2025, at 10:00 AM. The motion may be considered unopposed as to any defendant who does not file an objection by 1/9/2025 and/or appear at the hearing. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. Mailed notice. (jcc,)

CERTIFICATE of Service by Plaintiff Pushpeel LLC regarding order on motion for preliminary injunction, terminate hearings, set/reset hearings, 46

(Exhibit A)

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for a preliminary injunction 41 is granted. Plaintiff is ordered to add the remaining defendant name listed in the Schedule A to the docket within three business days. Instructions can be found on the Court's website at: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. The Clerk is directed to unseal. Enter Order. Mailed notice. (jcc,)

PRELIMINARY INJUCTION ORDER. Signed by the Honorable April M. Perry on 1/10/2025. Mailed notice. (jcc,)

NOTICE of Voluntary Dismissal by Pushpeel LLC as to certain defendant

MINUTE entry before the Honorable April M. Perry: Plaintiff's notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1) 50 is acknowledged. Civil case terminated. Mailed notice. (jcc,)

MOTION by Plaintiff Pushpeel LLC for Release of Bond

NOTICE of Motion by Trevor Christian Talhami for presentment of motion for miscellaneous relief[52] before Honorable April M. Perry on 8/26/2025 at 10:00 AM.

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for release of bond 52 is granted. The Court strikes the hearing date of 8/26/2025. Enter order. Mailed notice.

ORDER TO RELEASE BOND TO PLAINTIFF Signed by the Honorable April M. Perry on 8/20/2025. Mailed notice.