2025-cv-03685

COMPLAINT filed by Bryan Fletcher, Garrett Fletcher; Filing fee $ 405, receipt number AILNDC-23309477.

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Schedule A regarding complaint[1]

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for leave to file under seal

CIVIL Cover Sheet

Notice of Claims Involving Trademarks by Bryan Fletcher, Garrett Fletcher

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Amy Crout Ziegler

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. 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 Plaintiffs Bryan Fletcher, Garrett Fletcher by Luana Faria De Souza (Faria De Souza, Luana)

ATTORNEY Appearance for Plaintiffs Bryan Fletcher, Garrett Fletcher by Madeline Halgren

AMENDED complaint by Bryan Fletcher, Garrett Fletcher against Ganzhou Zhizunlin E-Commerce Co., Ltd. and the Individuals and Entities Operating Ganzhou Zhizunlin E-Commerce Co., Ltd and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

EXHIBIT by Plaintiffs Bryan Fletcher, Garrett Fletcher Amended Schedule A regarding amended complaint, [10]

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MAILED copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, 3, is denied. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. Id. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Id. (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendant's profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See Zorro, 2023 WL 8807254, at *3-4. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Plaintiff's motion for leave to file under seal, 3, is therefore denied. Plaintiff's sealed exhibit, 2, is stricken. Plaintiff has already filed a public version of its amended Schedule A on the docket. 11.

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for discovery Expedited

(Exhibit 1)

MOTION by Plaintiffs Bryan Fletcher, Garrett Fletcher for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Bryan Fletcher, Garrett Fletcher in support of motion for miscellaneous relief 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' motion for expedited discovery, [16], and motion for electronic service of process, [17], are granted. Enter order.

ORDER Signed by the Honorable Martha M. Pacold on 6/23/2025:

MINUTE entry before the Honorable Martha M. Pacold: By 7/10/2025, plaintiffs should provide a status report with an update on the case.

SUMMONS Submitted (Court Participant) for defendant(s) Ganzhou Zhizunlin E-Commerce Co.,ltd. and the Individuals and Entities Operating Ganzhou Zhizunlin E-Commerce Co.,ltd. by Plaintiffs Bryan Fletcher, Garrett Fletcher (Faria De Souza, Luana)

SUMMONS Issued (Court Participant) as to Defendant Ganzhou Zhizunlin E-Commerce Co.,ltd. and the Individuals and Entities Operating Ganzhou Zhizunlin E-Commerce Co.,ltd

SUMMONS Returned Executed by Bryan Fletcher, Garrett Fletcher as to Ganzhou Zhizunlin E-Commerce Co., Ltd. and the Individuals and Entities Operating Ganzhou Zhizunlin E-Commerce Co., Ltd on 7/2/2025, answer due 7/23/2025.

Declaration of Madeline B. Halgren

Exhibit A

STATUS Report pursuant to 22 by Bryan Fletcher, Garrett Fletcher

(Exhibit A)(Faria De Souza, Luana)

NOTICE of Voluntary Dismissal by Bryan Fletcher, Garrett Fletcher (Faria De Souza, Luana)

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of voluntary dismissal. [27]. This dismissal took effect without court intervention. See Fed. R. Civ. P. 41(a)(1)(A)(i); Waetzig v. Haliburton Energy Servs., 145 S. Ct. 690, 694 (2025). Civil case terminated.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED copyright report to Registrar, Washington DC.