2025-cv-00520

COMPLAINT filed by Kitsch LLC; Filing fee $ 405, receipt number BILNDC-22961843.

(Exhibit Exhibit 2)

ATTORNEY Appearance for Plaintiff Kitsch LLC by Harry Oliver Channon

SEALED MOTION by Plaintiff Kitsch LLC To File Exhibit 1 and Schedule A to Complaint Under Seal

Exhibit Exhibit 1

(Exhibit Schedule A to Complaint)

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kitsch LLC

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22968929.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22968972.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22968991.

MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Mark A. Cantor's motion to appear pro hac vice 6 is granted. Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Rebecca J. Cantor's motion to appear pro hac vice 7 is granted. Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Muhammad A. Siwani's motion to appear pro hac vice 8 is granted. Mailed notice.

MAILED copyright report to Registrar, Washington DC

MOTION by Plaintiff Kitsch LLC for temporary restraining order EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER, INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, AND EXPEDITED DISCOVERY

Brief in Support filed under Seal

Exhibit 1 - Certificate of Registration

Exhibit 2 - Kitsch webpage

(Exhibit 3 - filed under seal)

DECLARATION of Jeremy Thurswell regarding motion for temporary restraining order, 13

DECLARATION of Mark A. Cantor regarding motion for temporary restraining order, 13

SEALED MOTION by Plaintiff Kitsch LLC to file certain exhibits under Seal to Motion for TRO and Declaration of Jeremy Thurswell

Brief in Support of Plaintiffs ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery

Exhibit 3 to Brief in Support - screenshots of infringing product listings

(Exhibit 3 to Jeremy Thurswell's Declaration - screenshots of infringing product listings)

MOTION by Plaintiff Kitsch LLCfor Electronic Service of Process

MEMORANDUM by Kitsch LLC in support of motion for miscellaneous relief 17

DECLARATION of Mark A. Cantor regarding motion for miscellaneous relief 17, memorandum in support of motion 18

MINUTE entry before the Honorable Franklin U. Valderrama: On review of the complaint and the memorandum in support of Plaintiff's motion for a temporary restraining order, the Court raises the propriety of joinder of the 23 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is 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. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024).). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "[d]efendants are an interrelated group of infringers acting in concert to willfully market, offer for sale, sell, and/or import into the United States for subsequent sale or use products that directly and/or indirectly infringe upon the Kitsch Copyright." R. 1, para. 14. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Federal Rule of Civil Procedure 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Accordingly, the Court directs Plaintiff to file, on or before 3/19/25, a supplemental memorandum addressing the propriety of joinder, including, pursuant to Fed. R. Civ. P. 11(c)((3), showing cause why the allegation that "defendants are working in active concert" does not violate Rule 11(b)(3). Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice.

MEMORANDUM set deadlines, 20 by Kitsch LLC in Support of Joinder of Defendants

Declaration Declaration of Muhammad A. Siwani - FILED UNDER SEAL

(Exhibit Modified Schedule A - FILED UNDER SEAL)

MOTION by Plaintiff Kitsch LLC to seal document memorandum, 21

(Exhibit Modified Schedule A)

SEALED DOCUMENT by Plaintiff Kitsch LLC Declaration of Muhammad A. Siwani

(Exhibit Modified Schedule A)

ORDER: For the reasons set forth in the accompanying Order, the Court finds that the four Defendants in this case are not properly joined. Therefore, Plaintiff's complaint is dismissed without prejudice. By 07/24/2025, Plaintiff is directed to amend its complaint to name one defendant. Plaintiff's motions to seal, 3 16 22, are granted. Plaintiff's motions for temporary restraining order 13 and for electronic service of process 17 are denied as moot. Signed by the Honorable Franklin U. Valderrama on 7/14/2025. Mailed notice.

AMENDED complaint by Kitsch LLC against The Partnerships and Unincorporated Corporations Identified on Schedule A

(Exhibit 1 - Heatless Curl Copyright Registration)