2022-cv-05188

COMPLAINT filed by Qi Chen; Jury Demand. Filing fee $ 402, receipt number AILNDC-19870746.

(Exhibit Registration)

CIVIL Cover Sheet

SEALED DOCUMENT by Plaintiff Qi Chen Exhibit 2 to the Complaint/Sealed Schedule "A"

ATTORNEY Appearance for Plaintiff Qi Chen by Lydia Pittaway

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment.

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 Plaintiff Qi Chen by Charles Edward McElvenny

AMENDED complaint by Qi Chen against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

(Exhibit)

SEALED DOCUMENT by Plaintiff Qi Chen

DECLARATION of Qi Chen

(Exhibit)

SEALED DOCUMENT by Plaintiff Qi Chen Exhibit Two to the Declaration of Qi Chen

SEALED DOCUMENT by Plaintiff Qi Chen Exhibit Three to the Declaration of Qi Chen

MOTION by Plaintiff Qi Chen to seal document sealed document 10, sealed document 3, sealed document 7, sealed document 9

MOTION by Plaintiff Qi ChenLeave to Serve Defendants Electronically

(Exhibit Unreported Cases)

MOTION by Plaintiff Qi Chen for temporary restraining order

Exhibit Proposed Order

(Exhibit Unreported Cases)

MINUTE entry before the Honorable Edmond E. Chang: In this copyright-infringement case, the Plaintiff's motion 13 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 17 U.S.C. § 504(b), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, copyright owners need only prove "the infringer's gross revenue"; the defendant must prove expenses. 17 U.S.C. §504(b). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 11 for leave to file under seal is granted in light of the asset-restraint goal. By 10/11/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 12 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 10/18/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 10/14/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/04/2022. Emailed notice

ATTORNEY Appearance for Plaintiff Qi Chen by Charles Edward McElvenny Updated

EXHIBIT - REGISTRY DEPOSIT INFORMATION FORM.

MOTION by Plaintiff Qi Chen to amend/correct Order on Motion for Temporary Restraining Order (D.E. 15)

(Text of Proposed Order)

MOTION by Plaintiff Qi Chen for preliminary injunction

(Text of Proposed Order)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 17 to amend the TRO is granted as follows: the Plaintiff may remit the bond in the amount of Five Thousand Dollars and Zero Cents ($5,000.00) as provided in the Temporary Restraining Order, R. 15, in the form of a cashier check, law firm check, cash, or surety. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 17 to amend the TRO is granted as follows: the Plaintiff may remit the bond in the amount of Five Thousand Dollars and Zero Cents ($5,000.00) as provided in the Temporary Restraining Order, R. 15, in the form of a cashier check, law firm check, cash, or surety. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts justifying entry of the TRO, the motion 19 for preliminary injunction is granted. The Plaintiff shall promptly accomplish service and file the return of service. The tracking status hearing of 10/18/2022 is reset to 11/04/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 10/27/2022. Emailed notice

ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Signed by the Honorable Edmond E. Chang on 10/17/2022. Emailed notice

BOND in the amount of $ 5,000.00 cashier's check, Receipt No. 4624277999, posted by Qi Chen

BOND in the amount of $ 5,000.00 cashier's check, Receipt No. 4624277999, posted by Qi Chen

SUMMONS Issued as to Defendant The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

SUMMONS Issued as to Defendant The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A

SUMMONS Returned Executed by Qi Chen as to The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A on 10/20/2022, answer due 11/10/2022.

CERTIFICATE of Service by Plaintiff Qi Chen

STATUS Report by Qi Chen

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 26, and given the answer deadline of 11/10/2022, the tracking status hearing of 11/04/2022 is reset to 11/25/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 11/17/2022, or the Plaintiff shall file a motion for default judgment on that same date if the Defendant is in default. Mailed notice.

(Initial Status Report) (cn)

STATUS Report by Qi Chen

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 28, the Defendant did not answer on time (the answer was due on 11/10/2022) and thus is in default. Under R. 27, the Plaintiff was supposed to file a motion for default judgment on 11/17/2022. The Plaintiff shall file the motion for default judgment, in a sum certain, by 12/12/2022. The tracking status hearing of 11/25/2022 is reset to 12/23/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called).Emailed notice

ATTORNEY Appearance for Defendant Dingren by Adam Edward Urbanczyk

MOTION by Defendant Dingren for extension of time JOINT

MINUTE entry before the Honorable Edmond E. Chang: The joint extension motion to respond to the complaint [31]is granted to 12/30/2022. If appropriate, the Plaintiff's default-judgment motion is due on 01/03/2023. The tracking status hearing of 12/23/2022 is reset to 01/13/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

MOTION by Defendant Dingren for extension of time UNOPPOSED

MINUTE entry before the Honorable Edmond E. Chang: Defendant Dingren's unopposed extension motion to respond to the complaint [34] is granted to 01/20/2023. The tracking status hearing of 01/13/2023 is reset to 02/03/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a status report by 01/25/2023 (if no stipulated dismissal has been filed before then). Emailed notice

MOTION by Defendant Dingren to vacate deadlines, and Notice of Settlement

MINUTE entry before the Honorable Edmond E. Chang: The motion [36] to vacate deadlines in light of the settlement is granted. To avoid unnecessary status hearings and to provide time to exchange consideration, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 03/20/2023. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Status hearing of 02/03/2023 is vacated. Civil case terminated. Emailed notice

MAILED copyright report and certified copy of order dated 2/1/2023 to Registrar, Washington DC