2024-cv-04235

COMPLAINT filed by Greg & Company, LLC.; Filing fee $ 405, receipt number AILNDC-21997842.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Greg & Company, LLC. Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Greg & Company, LLC. by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Greg & Company, LLC. by Adam Grodman

ATTORNEY Appearance for Plaintiff Greg & Company, LLC. by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Greg & Company, LLC. by Christopher Romero

ATTORNEY Appearance for Plaintiff Greg & Company, LLC. by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Greg & Company, LLC. by Yanling Jiang

ATTORNEY Appearance for Plaintiff Greg & Company, LLC. by Yi Bu

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

MOTION by Plaintiff Greg & Company, LLC. for leave to file under seal

MOTION by Plaintiff Greg & Company, LLC. for leave to file excess pages

MEMORANDUM in support of 13 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4, of of Keith A. Vogt's declaration

Declaration of Greg Giordano

(Exhibit 1, of Greg Giordano's declaration)

SEALED EXHIBIT by Plaintiff Greg & Company, LLC. Sealed Exhibit 2, Declaration of Greg Giordano regarding memorandum in support of motion, 14

(Exhibit 2-1)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 11, motion to exceed page limitation 12, and ex parte motion for a temporary restraining order, which includes a motion for electronic service of process 13, are granted in part. Plaintiff's submissions (e.g., Dkt. 14 at 57) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 15. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying Defendants, stopping Defendants' infringing conduct, and obtaining the equitable accounting that, at this point, Plaintiff states that it may pursue. These facts justify, among other relief, the imposition of a prejudgment asset restraint against Defendants in an amount not to exceed $50,000 per separate account. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing versions of Plaintiff's copyrighted works to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by infringing goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As several judges have previously noted, there may be reason to question the propriety of joining all Defendants in this one action, but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the Court will reconsider the asset freeze and joinder. Enter sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 6/25/2024. Mailed notice.

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

CIVIL BOND in the amount of $ 10,000 posted by Greg & Company, LLC. (Document not Imaged).

MOTION by Plaintiff Greg & Company, LLC. for extension of time for Temporary Restraining Order

MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion to extend TRO 18 is granted. Enter separate order. Mailed notice.

ORDER ON MOTION FOR EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/3/2024. Mailed notice.

MOTION by Plaintiff Greg & Company, LLC. for preliminary injunction

MEMORANDUM by Greg & Company, LLC. in support of motion for preliminary injunction 22

Declaration of Keith A. Vogt

(Exhibit 1, of Keith A. Vogt's Declaration)

SUMMONS Returned Executed by Greg & Company, LLC. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/9/2024, answer due 7/30/2024.

(Declaration of Service)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 22 for entry of a preliminary injunction as to certain Defendants. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 7/18/2024." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), as well as in Plaintiff's earlier motion 18 to extend the TRO, the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice.

CERTIFICATE of Service by Plaintiff Greg & Company, LLC. regarding text entry, 25

NOTICE of Voluntary Dismissal by All Plaintiffs as to [certain] defendants

MOTION by Plaintiff Greg & Company, LLC. for default judgment as to Against the Defendants Identified in First Amended Schedule A

MEMORANDUM by Greg & Company, LLC. in support of motion for default judgment 28

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

MEMORANDUM by Greg & Company, LLC. in support of motion for default judgment 28 [[CORRECTED]]

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

ORDER: Plaintiff's motion 28 seeking a default judgment is granted. Any other pending motions are dismissed as moot. Civil case terminated. Signed by the Honorable John F. Kness on 7/31/2024. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 7/31/2024. Mailed notice.

MAILED copyright report to Registrar, Washington DC

SATISFACTION of Judgment as to defendant no. 38 HAILIAN US