2025-cv-01947

COMPLAINT filed by TV Tokyo Corporation; Filing fee $ 405, receipt number AILNDC-23128561.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Schedule A to Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Keith A. Vogt

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Adam Grodman

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Christopher Romero

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Monica Rita Martin

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Yanling Jiang

ATTORNEY Appearance for Plaintiff TV Tokyo Corporation by Yi Bu

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TV Tokyo Corporation

CASE ASSIGNED to the Honorable April M. Perry. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

Schedule A to Complaint [1] and Schedule A to Complaint [2] by TV Tokyo Corporation

MEMORANDUM in Support of [13] Exparte Motion

Exhibit 1-1

Exhibit 1-2

Exhibit 1-3

Declaration of Keith A. Vogt

Exhibit 1-2, of Keith A. Vogt's Declaration

Presentment for Exparte Motion [13] NOTICE of Motion by Keith A. Vogt for presentment of before Honorable April M. Perry on 3/4/2025 at 10:00 AM.

MAILED copyright report to Registrar, Washington DC

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion for Electronic Service of Process and Expedited Discovery [13] is granted. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with an online marketplace defendant. Expedited discovery is warranted to identify defendants. It appearing that the case filed is a "Schedule A" case, the Plaintiff is directed to the Court's standing order on its website directing the filing of Court's Schedule A Template within 14 days. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 50 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff is reminded that "[c]ourts in this district generally agree that alleging that multiple defendants have infringed on the same copyright in the same way does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." See Roadget Bus. Pte. Ltd. v. Individuals, Corps, Ltd. Liab. Companies, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Plaintiff should also reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in such cases. By 3/14/2025, the plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described above. In the alternative, plaintiff has leave to file an amended complaint by 3/14/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. The Court strikes the motion hearing set for 3/4/2025. Enter order. Mailed notice. (jcc,)

SEALED ORDER for Leave to Conduct Expedited Discovery and Service of Process by E-Mail and/or Electronic Publication. Signed by the Honorable April M. Perry on 2/28/2025. Mailed notice. (jcc,)

SUMMONS Submitted (Court Participant) for defendant(s) 3DIFYFIGURES and all other Defendants identified in the Complaint by Plaintiff TV Tokyo Corporation

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

AMENDED complaint by TV Tokyo Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

(Exhibit 2)

[Amended] Schedule A to Complaint 1, Schedule A 2, and Amended Complaint 23 by TV Tokyo Corporation

SEALED DOCUMENT by Plaintiff TV Tokyo Corporation Schedule A Template Schedule of Defendants to the Amended Complaint 23 and [Amended] Schedule A 24

MEMORANDUM by TV Tokyo Corporation Establishing that Joinder is Proper

(Exhibit 1)

MINUTE entry before the Honorable April M. Perry: The Court finds that joinder is proper at this stage based on representations made within Plaintiff's memorandum establishing that joinder is proper 26. Mailed notice. (jcc,)

SUMMONS Returned Executed by TV Tokyo Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/2/2025, answer due 4/23/2025.

(Declaration of Service)

MINUTE entry before the Honorable April M. Perry: There has been no activity on this docket in more than four months. Plaintiff is directed to file either a status report, a request for entry of default, or a notice of voluntary dismissal by 9/3/2025. Mailed notice. (jcc,)

MOTION by Plaintiff TV Tokyo Corporation for default judgment as to The Defendants Identified In Amended Schedule A

MEMORANDUM by TV Tokyo Corporation in support of motion for default judgment[30]

Declaration of Keith A. Vogt

Declaration of Hiroaki Saiki

Exhibit 1, Declaration of of Hiroaki Saiki

Exhibit 2, Declaration of of Hiroaki Saiki

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[30] before Honorable April M. Perry on 9/3/2025 at 10:00 AM.

MINUTE entry before the Honorable April M. Perry: The Court strikes the motion date of 9/3/2025 and orders that the parties appear for a hearing on 9/23/2025 at 10:00 a.m. in Courtroom 1725 to address Plaintiff's motion for default judgment [30]. Based on its review of Plaintiff's motion, the Court requires supplemental briefing and materials supporting Plaintiff's request for $30,000 in actual damages per defaulting defendant. Therefore, by 9/16/2025, Plaintiff shall file a supplemental memorandum in support of its motion for default judgment that includes an individualized damages assessment on a defendant-by-defendant basis, including an explanation of how each Defendant infringed on Plaintiff's trademarks and copyrights. The information in the summary should be supported by citations to exhibits submitted with the brief and include any other relevant information on the "saved acquisition cost". At the hearing, Plaintiff's counsel should be prepared to address the damage amount sought. Plaintiff must serve a copy of this minute order upon all affected defendants within two business days of its entry on the docket and promptly file proof of service. Mailed notice. (jcc,)

NOTICE of Voluntary Dismissal by TV Tokyo Corporation as to the Defendant(s) Identified in Amended Schedule A

MINUTE entry before the Honorable April M. Perry: Notice of Voluntary Dismissal [34] is acknowledged. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), this case is dismissed without prejudice. Any or all previously set deadlines/hearings to be struck, and pending motions are denied as moot. Civil case terminated. Mailed notice. (jcc,)