2024-cv-12990

COMPLAINT filed by Blujay Studios, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22857866.

(Exhibit 1)

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Blujay Studios, Inc. by John Wilson

MOTION by Plaintiff Blujay Studios, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blujay Studios, Inc.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging infringement by 250 defendants. (R. 1 and R. 8.) 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 January 3, 2025. 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. All pending motions are hereby stayed pending resolution of the joinder issue. 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 12/27/2024: Mailed notice.

AMENDED complaint by Blujay Studios, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Amended Schedule A

MOTION by Plaintiff Blujay Studios, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Blujay Studios, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Blujay Studios, Inc. in support of motion for temporary restraining order, 15

Declaration Stout Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Blujay Studios, Inc. Exhibit 2 to Stout Declaration

Notice of Claims Involving Trademarks by Blujay Studios, Inc.

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 7, motion for temporary restraining order, 15, motion for leave to file excess pages 14 before Honorable Jeremy C. Daniel on 1/8/2025 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Motions to seal 7, for leave to file excess 14 and for temporary restraining order 15 are granted. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 1/8/2025. Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 22 before Honorable Jeremy C. Daniel on 1/28/2025 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion to extend the temporary restraining order 22 is granted. The temporary restraining order now expires February 5, 2025, at 11:00 a.m. The motion hearing is stricken. Mailed notice.

INJUNCTION BOND in the amount of $10,000 posted by Blujay Studios, Inc. (Document not scanned).

MINUTE entry before the Honorable Jeremy C. Daniel: Status report due on or before 2/20/2025. Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Blujay Studios, Inc. in support of motion for preliminary injunction 28

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 28

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 28 before Honorable Jeremy C. Daniel on 2/18/2025 at 09:30 AM.

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

SUMMONS Returned Executed by Blujay Studios, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 2/13/2025, answer due 3/6/2025.

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. The TRO expired on February 5, 2025. The plaintiff did not seek a preliminary injunction until February 13, 2025. In support of its motion, the plaintiff referred to its January 3, 2025, motion for a TRO. Given the lapse in the TRO, and the age of the information contained in the motion for the TRO, the plaintiff's motion for a preliminary injunction is based on stale information. At the motion hearing, plaintiff's counsel "believed the last time he visited [the defendant's online store]" was when the plaintiff filed for a TRO. Part of the plaintiff's justification for the TRO and asset restraint was to prevent the defendant from closing the online store or removing assets. With the TRO's expiration, and the concomitant opportunity to close the online store or move assets, those justifications are no longer valid. Accordingly, the plaintiff's motion for entry of a preliminary injunction as to defendants 28 is denied without prejudice. The 2/20/2025 status report due date is stricken. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Status report due on or before 3/28/2025. Mailed notice.

STATUS Report by Blujay Studios, Inc.

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing set for 4/16/2025 at 9:30 AM. Mailed notice.

MOTION by Plaintiff Blujay Studios, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Blujay Studios, Inc. in support of motion for default judgment 38

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 38

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 38 before Honorable Jeremy C. Daniel on 4/22/2025 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. Mailed notice.

FINAL JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 4/22/2025. Motion hearing held. Plaintiff's motion for entry of default judgment 38 is granted. Civil case terminated. Mailed notice.

MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 21, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice.

STATUS Report by Blujay Studios, Inc.