2025-cv-01878

COMPLAINT filed by Dorina Zieske; Filing fee $ 405, receipt number AILNDC-23125247.

(Exhibit Exhibit 1)

SEALED DOCUMENT by Plaintiff Dorina Zieske Schedule A to Complaint

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Dorina Zieske by David Lee Gulbransen, Jr

MOTION by Plaintiff Dorina Zieske to seal document sealed document 2

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Laura K. McNally. 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.

NEW PARTIES: EIIORPO-US added to case caption.

MINUTE entry before the Honorable Sunil R. Harjani: By 3/25/2025, Plaintiff shall file a status report with an update on the case. Mailed notice.

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff failed to file the status report on 3/25/2025 as ordered. See Doc. 6. Plaintiff is to file a status report with an update on the case by 3/31/2025. Telephone status hearing set for 4/3/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice.

MOTION by Plaintiff Dorina Zieske for temporary restraining order

RESPONSE by Dorina Zieskein Support of MOTION by Plaintiff Dorina Zieske for temporary restraining order 8

Declaration Declaration of David Gulbransen

Declaration Declaration of Plaintiff

(Exhibit Exhibit 1)

SEALED DOCUMENT by Plaintiff Dorina Zieske Exhibit 2 to Declaration of Plaintiff

Exhibit Exhibit 2 (Part 2 of 15)

Exhibit Exhibit 2 (Part 3 of 15)

Exhibit Exhibit 2 (Part 4 of 15)

Exhibit Exhibit 2 (Part 5 of 15)

Exhibit Exhibit 2 (Part 6 of 15)

Exhibit Exhibit 2 (Part 7 of 15)

Exhibit Exhibit 2 (Part 8 of 15)

Exhibit Exhibit 2 (Part 9 of 15)

Exhibit Exhibit 2 (Part 10 of 15)

Exhibit Exhibit 2 (Part 11 of 15)

Exhibit Exhibit 2 (Part 12 of 15)

Exhibit Exhibit 2 (Part 13 of 15)

Exhibit Exhibit 2 (Part 14 of 15)

(Exhibit Exhibit 2 (Part 15 of 15))

MOTION by Plaintiff Dorina Zieske to seal document sealed document, 10

MOTION by Plaintiff Dorina Zieske for leave to file excess pages

STATUS Report by Dorina Zieske

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motions for leave to temporarily seal documents [5, 11], plaintiff's motion for temporary restraining order, asset restraining order, expedited discovery order, and service of process by email 8, and plaintiff's motion to exceed page limitation 12 are entered and continued. Upon review of the complaint and the TRO submissions, the Court sua sponte raises the proprietary of joinder of 275 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 4/7/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a single defendant or a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Telephone status hearing set for 4/3/2025 is stricken. Mailed notice

SEALED DOCUMENT by Plaintiff Dorina Zieske Memorandum in Support of Joinder

Declaration Declaration of David Gulbransen

Exhibit Exhibit 1

Exhibit Exhibit 2

(Exhibit Exhibit 3)

ORDER Signed by the Honorable Sunil R. Harjani on 4/21/2025: The Court has reviewed the plaintiff's memorandum on joinder [15]. For the reasons stated in the attached Order, the Court determines, within its discretion, that plaintiff has failed to satisfy her burden to show that joinder of 275 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). Accordingly, the Court dismisses defendant Nos. 2-275 without prejudice. If plaintiff files a new action against defendant Nos. 2-275, plaintiff shall indicate on the Civil Cover Sheet that the filed case is related to this matter. See Local Rule 40.3(b)(2). Plaintiff's motion for temporary restraining order [8] and motion to exceed page limitation [12] are denied without prejudice. Plaintiff's motions for leave to temporarily seal documents [5, 11] are granted. Mailed notice

MINUTE entry before the Honorable Sunil R. Harjani: By 5/9/2025, Plaintiff shall file a status report with an update on the case. Mailed notice

MOTION by Plaintiff Dorina Zieske for temporary restraining order

MEMORANDUM by Dorina Zieske in support of motion for temporary restraining order[18]

Declaration Declaration of David Gulbransen

Declaration Declaration of Plaintiff

Exhibit Exhibit 1 to Declaration of Plaintiff

SEALED DOCUMENT by Plaintiff Dorina Zieske Exhibit 2 to Declaration of Plaintiff

Exhibit Exhibit 2 (Part 2 of 14)

Exhibit Exhibit 2 (Part 3 of 14)

Exhibit Exhibit 2 (Part 4 of 14)

Exhibit Exhibit 2 (Part 5 of 14)

Exhibit Exhibit 2 (Part 6 of 14)

Exhibit Exhibit 2 (Part 7 of 14)

Exhibit Exhibit 2 (Part 8 of 14)

Exhibit Exhibit 2 (Part 9 of 14)

Exhibit Exhibit 2 (Part 10 of 14)

Exhibit Exhibit 2 (Part 11 of 14)

Exhibit Exhibit 2 (Part 12 of 14)

Exhibit Exhibit 2 (Part 13 of 14)

(Exhibit Exhibit 2 (Part 14 of 14))

MOTION by Plaintiff Dorina Zieske for leave to file excess pages

MOTION by Plaintiff Dorina Zieske to seal document sealed document, [20]

STATUS Report by Dorina Zieske

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [22], ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery and service of process by email [18], and motion to exceed page limitation [21] are granted. Plaintiff's submissions establish that were defendants to learn of these proceedings before the execution of plaintiff's requested preliminary injunctive relief, there is a significant risk that defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, plaintiff may file under seal the documents identified in the motion to seal. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, plaintiff's filings support proceeding on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. Further, the evidence submitted by plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit products, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order at 2:00 p.m. on 5/20/2025. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 5/27/2025. Telephone status hearing is set for 6/3/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

SEALED Ex Parte Temporary Restraining Order with Assest Freeze and Other Equitable Relief Signed by the Honorable Sunil R. Harjani on 5/20/2025.Mailed notice

MOTION by Plaintiff Dorina Zieske for extension of time of Temporary Restraining Order

SURETY BOND in the amount of $ 10,000.00 posted by Dorina Zieske. (Document not imaged) (Received at the Intake Counter on 5/27/25)

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order [26] is granted. For the reasons stated in Plaintiff's Memorandum [26], the Court finds good cause to extend the temporary restraining order an additional 14 days to 6/17/2025. Plaintiff shall file a preliminary injunction motion if appropriate no later than 6/10/2025. Telephone status hearing set for 6/3/2025 is stricken and reset to 6/17/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

SUMMONS Submitted (Court Participant) for defendant(s) EIIORPO-US and all other Defendants identified in the Complaint by Plaintiff Dorina Zieske

SUMMONS Issued (Court Participant) as to EIIORPO-US and all other Defendants identified in the Complaint

MOTION by Plaintiff Dorina Zieske for preliminary injunction

MEMORANDUM by Dorina Zieske in support of motion for preliminary injunction[31]

Declaration Declaration of David Gulbransen

Exhibit Exhibit 1

NOTICE of Motion by David Lee Gulbransen, Jr for presentment of motion for preliminary injunction[31] before Honorable Sunil R. Harjani on 6/17/2025 at 09:15 AM.

SUMMONS Returned Executed by Dorina Zieske as to Partnerships and Unincorporated Associations Identified on Schedule A on 6/9/2025, answer due 6/30/2025.

CERTIFICATE of Service by Plaintiff Dorina Zieske regarding SEALED Order[25], complaint[1], sealed document[2], MOTION by Plaintiff Dorina Zieske for preliminary injunction [31], summons issued (court participant)[30], notice of motion[33]

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [31] for entry of a preliminary injunction. In connection with that motion, plaintiff must serve the defendant with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no defendant appears and objects by 6/15/2025." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 6/15/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. Plaintiff must serve this minute order upon the defendant within one business day of its entry on the docket and must promptly file proof of that service. Status hearing set for 6/17/2025 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice

CERTIFICATE of Service by Plaintiff Dorina Zieske regarding terminate hearings, set/reset hearings, [36]

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction [31] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court finds that plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [35] [37] that it provided electronic notice to defendants of the pendency of this action and the motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 6/17/2025 is stricken. Summons was issued on 6/9/2025, and Defendants' responses to the complaint are due by 6/30/2025. Plaintiff should file any motion for entry of default and default judgment by 7/14/2025. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 7/22/2025 at 9:15 a.m. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Attorneys of record may not use speakerphones during the status hearing. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 6/16/2025. Mailed notice

MOTION by Plaintiff Dorina Zieske for default judgment as to the sole remaining Defendant

MEMORANDUM by Dorina Zieske in support of motion for default judgment[40]

Declaration Declaration of David Gulbransen

Exhibit Exhibit 1

Exhibit Exhibit 2

CERTIFICATE of Service by Plaintiff Dorina Zieske regarding MOTION by Plaintiff Dorina Zieske for default judgment as to the sole remaining Defendant [40]

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion [40] for entry of default and default judgment against the remaining defendant. The remaining defendant has failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 7/22/2025. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 7/22/2025. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 7/29/2025 at 9:15 a.m. Status set for 7/22/2025 is stricken. Mailed notice

CERTIFICATE of Service by Plaintiff Dorina Zieske regarding terminate hearings, set/reset hearings, [43]

MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion [40] 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 copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by defendants (plaintiff has failed to seek an accounting of profits), the value of plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $50,000 is an appropriate award of statutory damages. Plaintiff has also certified and established [44] that she provided electronic notice to defendant of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 7/29/2025 is stricken. Enter separate Final Default Judgment Order. Civil case terminated. Mailed notice

FINAL DEFAULT JUDGMENT ORDER Signed by the Honorable Sunil R. Harjani on 7/25/2025. Mailed notice

MAILED copyright report to Registrar, Washington DC.