2025-cv-01671

COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 405, receipt number AILNDC-23097389.

Exhibit 1

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Merch Traffic, LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Merch Traffic, LLC

Notice of Claims Involving Trademarks by Merch Traffic, LLC

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin R. Gaudio

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Young B. Kim. 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.

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Luana Faria De Souza (Faria De Souza, Luana)

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's ex parte motion for leave to file under seal [3]. Upon review of the complaint, the Court sua sponte raises the propriety of joining multiple trademarks and 20 defendants in a single action. By 3/6/25, 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 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 3/6/25 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to the others.

AMENDED complaint by Merch Traffic, LLC against Dongxiaogao Trading Company, the Individuals and Entities Operating Dongxiaogao Trading Company and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding amended complaint, [12]

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 4/21/25 at 9:30 a.m. in person in Courtroom 1719. By 4/14/25,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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

((List of Trademarks, Ex. 1))

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MOTION by Plaintiff Merch Traffic, LLC for discovery Expedited

MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[18], motion for discovery[17] before Honorable Georgia N Alexakis on 4/10/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motions for expedited discovery and electronic service of process are granted [17], [18]. 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.

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

SUMMONS Submitted (Court Participant) for defendant(s) Dongxiaogao Trading Company and the Individuals and Entities Operating Dongxiaogao Trading Company by Plaintiff Merch Traffic, LLC

SUMMONS Issued (Court Participant) as to Defendant Dongxiaogao Trading Company

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's counsel contacted the Courtroom Deputy to reset the status hearing to allow time for service to be effectuated. The status hearing set for 4/21/25 is reset for 5/22/25 at 9:30 a.m. The joint status report is now due by 5/15/25.

SUMMONS Returned Executed by Merch Traffic, LLC as to Dongxiaogao Trading Company on 4/15/2025, answer due 5/6/2025; the Individuals and Entities Operating Dongxiaogao Trading Company on 4/15/2025, answer due 5/6/2025.

Declaration of Luana Faria de Souza

(Exhibit A)(Faria De Souza, Luana)

NOTICE of Voluntary Dismissal by Merch Traffic, LLC

MINUTE entry before the Honorable Georgia N Alexakis: Per Plaintiff's notice of voluntary dismissal, pursuant to Federal Rule of Civil Procedure 41(a)(1), plaintiff's claims in this matter as to Defendant Dongxiaogao Trading Company and the individuals and entities operating Dongxiaogao Trading Company are dismissed without prejudice. Civil case terminated. Mailed notice.