2023-cv-15337

COMPLAINT filed by Plaintiff Iron Maiden Holdings Limited ; Filing fee $ 402, receipt number AILNDC-21262590.

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SEALED EXHIBIT by Plaintiff Plaintiff Iron Maiden Holdings Limited Schedule A regarding complaint[1]

MOTION by Plaintiff Plaintiff Iron Maiden Holdings Limited for Leave to File Certain Documents Under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Plaintiff Iron Maiden Holdings Limited

Notice of Claims Involving Trademarks by Plaintiff Iron Maiden Holdings Limited

ATTORNEY Appearance for Plaintiff Plaintiff Iron Maiden Holdings Limited by Martin Francis Trainor

ATTORNEY Appearance for Plaintiff Plaintiff Iron Maiden Holdings Limited by Sydney Paige Fenton

NEW PARTIES: Iron Maiden Holdings Limited added to case caption. Terminating Plaintiff Iron Maiden Holdings Limited

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). (mek,)

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. (mek,)

AMENDED complaint by Iron Maiden Holdings Limited against The Partnerships and Unincorporated Associations Identified On Schedule A

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SEALED EXHIBIT by Plaintiff Iron Maiden Holdings Limited Amended Schedule A regarding amended complaint, [9]

MOTION by Plaintiff Iron Maiden Holdings Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Iron Maiden Holdings Limited in support of motion for miscellaneous relief[11]

Declaration of Martin F. Trainor

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DECLARATION of Paul Varley regarding memorandum in support of motion[12]

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SEALED EXHIBIT by Plaintiff Iron Maiden Holdings Limited Exhibit 3 regarding declaration[13]

MOTION by Plaintiff Iron Maiden Holdings Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Iron Maiden Holdings Limited in support of motion for miscellaneous relief[15]

Declaration of Martin F. Trainor

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NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief[15], motion for miscellaneous relief[11] before Honorable Edmond E. Chang on 11/6/2023 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: The notices of motions set for 11/06/2023 are terminated, and the Court takes the motions [3], [11], [15] under advisement. 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 12/28/2023: Mailed notice.

ATTORNEY Appearance for Plaintiff Iron Maiden Holdings Limited by Alexander Whang

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [11] 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 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). (The copyright claim is supported by similar provisions.) To the extent that the restraint might be too broad, the Defendants 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 Defendants, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 04/08/2024, 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 [15] 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 04/12/2024 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/09/2024. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable Edmond E. Chang on 04/02/2024. Emailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/03/2024. Emailed notice

MOTION by Plaintiff Iron Maiden Holdings Limited to Extend the Temporary Restraining Order

MEMORANDUM by Iron Maiden Holdings Limited in support of motion for miscellaneous relief[24]

Declaration of Martin F. Trainor

NOTICE of Motion by Martin Francis Trainor for presentment of motion for miscellaneous relief[24] before Honorable Edmond E. Chang on 4/12/2024 at 08:30 AM.

INJUNCTION BOND in the amount of $ 2,000.00 posted by Iron Maiden Holdings Limited. (Document not scanned).

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend TRO [20] is granted through 04/30/2024. The tracking status hearing of 04/12/2024 is reset to 05/03/2024 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 on 04/26/2024 and, if appropriate, a preliminary-injunction motion. Emailed notice

NOTICE of Voluntary Dismissal by Iron Maiden Holdings Limited as to certain Defendants

STATUS Report by Iron Maiden Holdings Limited

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice. Status hearing of 05/03/2023 is vacated. Civil case terminated. Emailed notice