2025-cv-03543

COMPLAINT filed by Ubifunstudio Co., Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23293110.

Civil Cover Sheet

Schdule A (Redacted)

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

(Exhibit 10)(Van Loon, Erica)

SEALED MOTION by Plaintiff Ubifunstudio Co., Ltd.

(Schedule A to Complaint)(Van Loon, Erica)

Corporate Disclosure Statement by Ubifunstudio Co., Ltd. (Van Loon, Erica)

Report on the Filing or Determination of an Action or Appeal Regarding a Copyright by Ubifunstudio Co., Ltd. (Van Loon, Erica)

Report on the Filing or Determination of an Action Regarding a Patent or Trademark by Ubifunstudio Co., Ltd. (Van Loon, Erica)

ATTORNEY Appearance for Plaintiff Ubifunstudio Co., Ltd. by Erica J. Van Loon (Van Loon, Erica)

ATTORNEY Appearance for Plaintiff Ubifunstudio Co., Ltd. by Matthew A. Werber

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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.

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion to seal 2. However, on review of the Complaint 1 and Schedule A [2-1], the Court raises the propriety of joinder of the 16 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidence-such as screenshots of dozens and dozens of defendants' online stores-amassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "The Defendant Internet Websites also share unique identifiers, such as design elements and similarities of the infringing products offered for sale, establishing a logical relationship between them, and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." R. 1, para. 10. Similar to another court in this District, this Court's "experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Accordingly, the Court directs Plaintiff to file, on or before 4/17/2025, a supplemental memorandum addressing the propriety of joinder. Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice.

MOTION by Plaintiff Ubifunstudio Co., Ltd. for joinder [Memorandum of Law Establishing that Joinder is Proper]

Declaration of Jiwook Shin

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)(Van Loon, Erica)

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, as well as the declaration and exhibits submitted in support 10, the Court finds that Plaintiff has shown that, at this stage, the requirements of Fed. R. Civ. P. 20 are met. The Court therefore grants Plaintiff's motion for joinder 10. The Court directs Plaintiff to file a status report regarding the status of service and anything else the Court should know about the status of the case on or before 8/18/2025. Mailed notice.

MOTION by Plaintiff Ubifunstudio Co., Ltd. for temporary restraining order PLAINTIFF'S EX PARTE MOTION FOR ENTRY OF A TEMPORARY RESTRAINING ORDER

MOTION by Plaintiff Ubifunstudio Co., Ltd. EXPEDITED DISCOVERY AND ELECTRONIC SERVICE

MOTION by Plaintiff Ubifunstudio Co., Ltd. to seal document exhibit[16], exhibit[15], exhibit, [19], exhibit, [20] PLAINTIFFS MOTION AND MEMORANDUM IN SUPPORT OF LEAVE TO FILE UNDER SEAL

SEALED TEMPORARY RESTRAINING ORDER: For the reasons stated in the motions, the Court grants Plaintiff's motion for a temporary restraining order [13], its motion for expedited discovery and electronic service of process [17], and its motion to seal certain documents [21]. Provided that Plaintiff provides the security described in paragraph 11 of the temporary restraining order, the temporary restraining order shall become effective on August 15, 2025 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. Signed by the Honorable Franklin U. Valderrama on 8/13/2025. Mailed notice.

MOTION by Plaintiff Ubifunstudio Co., Ltd. for extension of time -- of TRO --

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion [28], Plaintiff's motion for an extension of the TRO [22] is granted. The TRO is extended for fourteen (14) days, up to and including 9/12/2025. Mailed notice.

MOTION by Plaintiff Ubifunstudio Co., Ltd. for default judgment as to all Defaulting Defendants listed in Exhibit A

DEFAULT JUDGMENT ORDER: Plaintiff's Motion for Entry of Default and Default Judgment [31] against the Defendants Identified in Schedule A is granted. Enter Final Judgment Order. The surety bond posted by UbiFun is hereby discharged to Matthew A. Werber of Nixon Peabody LLP. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Matthew A. Werber of Nixon Peabody LLP, 70 West Madison Suite 5200 Chicago, IL 60602. Civil case terminated. Signed by the Honorable Franklin U. Valderrama on 9/18/2025. Mailed notice.

ENTERED JUDGMENT: Mailed notice.