2024-cv-04820

COMPLAINT filed by Josh Billings; Filing fee $ 405, receipt number AILNDC-22127651.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

Schedule A to Complaint 1 by Josh Billings

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Josh Billings by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Josh Billings by Adam Grodman

ATTORNEY Appearance for Plaintiff Josh Billings by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Josh Billings by Christopher Romero

ATTORNEY Appearance for Plaintiff Josh Billings by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Josh Billings by Yanling Jiang

ATTORNEY Appearance for Plaintiff Josh Billings by Yi Bu

CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

MEMORANDUM in Support of 11 Exparte Motion

Exhibit 1-1

Exhibit 1-2

Exhibit 1-3

Declaration of Keith A. Vogt

(Exhibit 1-2, of Keith A. Vogt's Declaration)

MAILED copyright report to Registrar, Washington DC

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's ex parte motion for leave to conduct expedited discovery and electronic service of process 11 is entered and continued. Upon review of the complaint and Schedule A to the complaint, the Court sua sponte raises the proprietary of joinder of 110 defendants in this case. See, e.g. Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 6/27/2024, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice

MEMORANDUM Establishing that Joinder is Proper

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

(Exhibit 6)

AMENDED complaint by Josh Billings against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff has filed an Amended Complaint 17 as directed. At this preliminary stage and in the absence of adversarial presentation, the Court finds that joinder of 5 Defendants is proper at this time and this case may now proceed. Moreover, no defendants will be prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Id. Plaintiff's renewed ex parte motion for leave to conduct expedited discovery and electronic service of process 19 is granted. Plaintiff's ex parte motion for leave to conduct expedited discovery and electronic service of process 11 is denied as moot. 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. Expedited discovery is warranted to identify defendants. Enter Order for Expedited Discovery and Electronic Service. Telephone status hearing is set for 9/17/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

ORDER FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION Signed by the Honorable Sunil R. Harjani on 7/22/2024. Mailed notice

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

SUMMONS Returned Executed by Josh Billings as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/26/2024, answer due 8/16/2024.

(Declaration of Service)

MINUTE entry before the Honorable Sunil R. Harjani: Summons was issued on 7/26/2024, and Defendants' responses to the complaint are due by 8/16/2024. Plaintiff should file any motion for entry of default and default judgment by 9/6/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Mailed notice

MOTION by Plaintiff Josh Billings for default judgment as to Against the Defendants Identified in Amended Schedule A

MEMORANDUM by Josh Billings in support of motion for default judgment 25

(Declaration Keith A. Vogt)

MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 25 for entry of default and default judgment against all remaining defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 8/26/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/26/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. A tentative default judgment hearing is set for 9/3/2024 at 9:15 a.m. Telephone status hearing set for 9/17/2024 is stricken. Mailed notice

CERTIFICATE of Service by Plaintiff Josh Billings regarding terminate hearings, set/reset hearings, 27

MINUTE entry before the Honorable Sunil R. Harjani: No remaining defendant has responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 25 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's copyrights irreparably harms plaintiff and confuses the public. This infringement was willful and actual damages are awarded. Based on the foregoing and in part upon the Declaration (Doc. 30) filed in support of plaintiff's motion, the Court concludes that $5,000 per defendant is an appropriate award of actual damages, which amount is not contested by any defaulting defendant. Plaintiff has also certified and established 28 that it provided electronic notice to defendants of the objection deadline, but no objection to the motion for entry of default judgment has been filed on behalf of any defendant. Because no default judgment hearing has been requested, the default judgment hearing tentatively set for 9/3/2024 is stricken. By 8/29/2024, Plaintiff shall submit a proposed final default judgment order to the Court's proposed order inbox for entry. Mailed notice

FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Sunil R. Harjani on 8/29/2024. Civil case terminated. Mailed notice

SATISFACTION of Judgment as to defendant no. 1 YOE Roo and defendant no. 3 SUSTA