2025-cv-01191

COMPLAINT filed by Albert Koetsier; Filing fee $ 405, receipt number AILNDC-23043713.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Albert Koetsier Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Albert Koetsier by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Albert Koetsier by Adam Grodman

ATTORNEY Appearance for Plaintiff Albert Koetsier by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Albert Koetsier by Christopher Romero

ATTORNEY Appearance for Plaintiff Albert Koetsier by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Albert Koetsier by Yanling Jiang

ATTORNEY Appearance for Plaintiff Albert Koetsier by Yi Bu

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

MOTION by Plaintiff Albert Koetsier for leave to file under seal

MOTION by Plaintiff Albert Koetsier for leave to file excess pages

MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the joinder memorandum, R. 18, joinder appears to be proper for the Amended Schedule A Defendants. The Defendants use the same the same advertising photos (though that is not as important in this case given that the photo is of the copyrighted work) and (more importantly) the same product-description text along with unique capitalization, missing parenthesis in the same spot, and missing the same words. (2.) On the copyright claim, the Plaintiff's motion 15 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendants may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 13 for leave to file under seal is granted in light of the asset-restraint goal. The Plaintiff's request for electronic service of process is granted for good cause. The motion 14 for extra pages is granted. The tracking status hearing of 02/28/2025 is reset to 02/21/2028 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on 02/21/2025. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion), if appropriate, no later than 02/21/2025. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/10/2025. Emailed notice

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/10/2025. Emailed notice

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

MAILED copyright report to Registrar, Washington DC.

INJUCTION BOND in the amount of $ 5,000 posted by Albert Koetsier (Document not scanned).

MOTION by Plaintiff Albert Koetsier for preliminary injunction

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction 27 is granted. Based on the answer deadline of 03/10/2025, if the Defendants do not answer on time, then they shall be deemed in default. The tracking status hearing of 02/21/2025 is reset 03/28/2025 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 03/19/2025. If the Defendants have defaulted, then the Plaintiff shall instead file a motion for default judgment by 03/19/2025. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/18/2025. Emailed notice

MOTION by Plaintiff Albert Koetsier for default judgment as to the Defendants Identified in Amended Schedule A

MEMORANDUM by Albert Koetsier in support of motion for default judgment 33

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 33 before Honorable Edmond E. Chang on 3/28/2025 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely response to the amended complaint, the motion for default judgment 33 is granted. Statutory damages entered in favor of the Plaintiff and against the Defendants in the amount of fifteen-thousand dollars ($15,000) against each Defendant. Given the finding of willfulness based on the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The status hearing of 03/28/2025 is vacated. Civil case terminated. Emailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 03/27/2025. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 03/27/2025:. Emailed notice