2025-cv-01292

COMPLAINT filed by Playboy Enterprises International, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23052837.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by John Wilson

MOTION by Plaintiff Playboy Enterprises International, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Playboy Enterprises International, Inc.

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

EMAILED Trademark report to Patent Trademark Office, Alexandria VA (Main Document 10 replaced on 2/6/2025).

NOTICE of Correction regarding Patent/Trademark report 10

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motion for leave to file under seal 7 is granted. Upon review of the complaint, the Court sua sponte raises the propriety of joining 250 defendants in a single action. By 2/21/25, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff's memorandum should also address this Court's order in Bug Art Limited v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 8, 2024), and Yi Pu (Tianjin) Intelligent Technology Co., Ltd. v. Gyroor et al, 25 CV 81, Dkt. 19 (N.D. Ill. Jan. 28, 2025), as well as other orders in this District expressing similar concerns regarding misjoinder in so-called "Schedule A" cases, namely, Zaful (Hong Kong) Limited v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 11111, Dkt. 12 (N.D. Ill. Jan. 10, 2025); Toyota Motor Sales, USA, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 9401, Dkt. 27 (N.D. Ill. Nov. 18, 2024); Viking Arm AS v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 C 1566, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024); and Bailie v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 02150, 2024 WL 2209698 (N.D. Ill. May 15, 2024). In the alternative, plaintiff has leave to file an amended complaint and Amended Schedule A by 2/21/25 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to the others.

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 4/7/25 at 9:30 a.m. in person in Courtroom 1719. By 3/31/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

MINUTE entry before the Honorable Georgia N Alexakis: The status hearing set for 4/7/25 is reset for 4/10/25 at 9:30 a.m.

MOTION by Plaintiff Playboy Enterprises International, Inc. for extension of time Plaintiff's Motion for an Extension of Time

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 15 before Honorable Georgia N Alexakis on 3/3/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis:Plaintiff's motion for extension of time until March 3, 2025, to file a Memorandum in Support of Joinder or an Amended Complaint 15 is granted. No appearance is required on the motion.

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

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Amended Schedule A

DECLARATION of Jennifer McCarthy

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit 2 to McCarthy Declaration

MEMORANDUM by Playboy Enterprises International, Inc. Plaintiff's Memorandum in Support of Joinder

Exhibit 1

(Exhibit 2)

STATUS Report Initial Status Report by Playboy Enterprises International, Inc.

MOTION by Plaintiff Playboy Enterprises International, Inc. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Playboy Enterprises International, Inc. to expedite Plaintiff's Motion for Expedited Discovery

NOTICE of Motion by Michael A. Hierl for presentment of motion to expedite 25, motion for miscellaneous relief 24 before Honorable Georgia N Alexakis on 4/10/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 23 and adopts plaintiff's proposed deadline of 4/28/25 for the amendment of any pleadings. Plaintiff's motions for expedited discovery and electronic service of process are granted 24, 25. No appearance is required on 4/10/25. The Court finds that expedited discovery is warranted to identify defendants. The Court also finds that electronic service does not violate any treaty and is consistent with due process because it is an effective way to communicate with the online marketplace defendants. The Court decides these issues, however, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court will take a fresh look at the issues of electronic service and expedited discovery as well as any issues related to personal jurisdiction and joinder. Enter Order, as modified by the Court. The Court vacates the status hearing set for 4/10/25. Plaintiff is directed to file its next joint status report by 5/8/25. The status report should be jointly prepared with any defendant who may enter an appearance before that date.

ORDER Signed by the Honorable Georgia N Alexakis on 4/8/25.

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

STATUS Report by Playboy Enterprises International, Inc.

SUMMONS Returned Executed by Playboy Enterprises International, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 5/8/2025, answer due 5/29/2025.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 32. Plaintiff is directed to file any motion for entry of default and default judgment by 6/5/25. If no such motion is filed by that date, plaintiff is directed to file another status report instead. Mailed notice.

STATUS Report by Playboy Enterprises International, Inc.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 35. The Court directs plaintiff to file any motion for entry of default and default judgment against any remaining defendants on or before June 12, 2025.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Playboy Enterprises International, Inc.

MOTION by Plaintiff Playboy Enterprises International, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Playboy Enterprises International, 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 Playboy Enterprises International, Inc. in support of motion for default judgment, 39

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

(Exhibit Kalbac Exhibit 1)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 39

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 38, motion for default judgment, 39 before Honorable Georgia N Alexakis on 6/16/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file excess page 38. Plaintiff seeks entry of default as to Defendant Nos. 2, 19, and 34, the remaining defendant in this matter. Defendant Nos. 2, 19, and 34 have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against Defendant Nos. 2, 19, and 34 is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the Defaulting Defendants must be filed on or before 6/26/25. Plaintiff must serve this minute order upon the Defaulting Defendant within one business day of its entry on the docket and must promptly file proof of that service. The Court re-sets the hearing on plaintiff's motion seeking default judgment as to the Defaulting Defendant from 6/16/25 to 6/30/25 at 9:30 a.m.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Playboy Enterprises International, Inc.

MINUTE entry before the Honorable Georgia N Alexakis: Defaulting Defendants 2, 19, and 34 have not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 39 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's intellectual property rights irreparably harms Plaintiff and confuses the public. Because this infringement was willful, and after considering the value of Plaintiff's brand, the price-point of the infringing products, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $10,000 is an appropriate award of statutory damages against each Defaulting Defendant. Enter Final Judgment Order, as modified by the Court. No appearance required on 6/30/25. Civil case terminated.

FINAL Judgment Order Signed by the Honorable Georgia N Alexakis on 6/27/25.

MAILED trademark report to Patent Trademark Office, Alexandria VA

ENTERED IN ERROR Modified on 6/30/2025.

NOTICE of Correction regarding Patent/Trademark report 48