2025-cv-01764

COMPLAINT filed by Zorro Productions, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23108815.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by John Wilson

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

SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zorro Productions, Inc.

Notice of Claims Involving Trademarks by Zorro Productions, Inc.

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's ex parte motion for leave to file under seal 7. Upon review of the complaint, the Court sua sponte raises the propriety of joining multiple trademarks and 50 defendants in a single action. By 3/10/25, 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 3/10/25 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to the others.

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 4/24/25 at 9:30 a.m. in person in Courtroom 1719. By 4/17/25,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.

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

SEALED EXHIBIT by Plaintiff Zorro Productions, Inc. regarding amended complaint 14

SEALED DOCUMENT by Plaintiff Zorro Productions, Inc. Amended Schedule A

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

MOTION by Plaintiff Zorro Productions, Inc. to expedite Plaintiff's Motion for Expedited Discovery

NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief[17], motion to expedite[18] before Honorable Georgia N Alexakis on 4/17/2025 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 4/17/25. 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. Enter Order, as modified by the Court.

ORDER Signed by the Honorable Georgia N Alexakis on 4/11/25.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's counsel contacted the Courtroom Deputy by email requesting to reset the status hearing to allow time to effectuate service. The status hearing set for 4/24/25 is reset for 5/27/25 at 9:30 a.m. The joint status report is now due by 5/20/25.

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

STATUS Report by Zorro Productions, Inc.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's initial status report 25, which reports that defendant has not yet been served. The Court therefore resets the initial status hearing to 6/24/25 at 9:30 a.m. The parties shall submit a joint initial status report by 6/17/25.

ATTORNEY Appearance for Plaintiff Zorro Productions, Inc. by Elizabeth Aubree Miller

SUMMONS Returned Executed by Zorro Productions, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/23/2025, answer due 6/13/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Zorro Productions, Inc.

STATUS Report by Zorro Productions, Inc.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 30. Consistent with plaintiff's proposal, and assuming no defendant appears beforehand, plaintiff is directed to file a motion for entry of default and default judgment by 6/25/25. The Court vacates the 6/24/25 status hearing.

MOTION by Plaintiff Zorro Productions, 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 Zorro Productions, Inc. in support of motion for default judgment, 32

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 32

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 32 before Honorable Georgia N Alexakis on 7/1/2025 at 09:30 AM.

MEMORANDUM motion for default judgment, 32 by Zorro Productions, Inc. Plaintiff's Supplemental Memorandum in Support of a $5,000 Damage Award Per Defaulting Defendant

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

(Exhibit Wilson Exhibit 1)

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff seeks entry of default as to Defendant No. 24, the remaining defendant in this matter. Defendant No. 24 has failed either to plead or to otherwise appear to defend against this action. Accordingly, default against Defendant No. 24 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 Defendant must be filed on or before 7/10/25. 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 7/1/25 to 7/17/25 at 9:30 a.m.

CERTIFICATE of Service by John Wilson on behalf of Zorro Productions, Inc.

MEMORANDUM motion for default judgment, 32 by Zorro Productions, Inc. Plaintiff's Supplemental Memorandum in Support of a $5,000 Damage Award Per Defaulting Defendant

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

(Exhibit Wilson Exhibit 1)

MOTION by Plaintiff Zorro Productions, Inc. to strike Plaintiff's Motion to Strike Plaintiff's Supplemental Memorandum in Support of a $5,000 Damage Award Per Defaulting Defendant [Dkt. No. 36]

NOTICE of Motion by Michael A. Hierl for presentment of motion to strike 40 before Honorable Georgia N Alexakis on 7/1/2025 at 09:30 AM.

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

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion to strike plaintiff's supplemental memorandum in support of a $5,000 damage award per defaulting defendant 40. Plaintiff's motion to exceed the page limitation 42 is denied as the motion (which pertains to different parties and a different case number) was filed on the wrong docket. The Clerk of Court is directed to remove document 42 from the docket. No appearance is required on 7/1/25.

MINUTE entry before the Honorable Georgia N Alexakis: Defaulting Defendant No. 24 has not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 32 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, the length of time the defendant store has been in operation, the estimated number of products sold and available for sale by defendants, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $5,000 is an appropriate award of statutory damages against Defaulting Defendant No. 24. Enter Final Judgment Order, as modified by the Court. Civil case terminated.

FINAL JUDGMENT ORDER Signed by the Honorable Georgia N Alexakis on 7/16/25.