2024-cv-06099

COMPLAINT filed by Collectanea J. Limited, a Hong Kong Limited Corporation; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22261485.

Exhibit One: Registration with Samples

Exhibit Two: CBP Report

Exhibit Three: Law Review Article

(Exhibit Four: HSI Report)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation by Lydia Pittaway

SEALED DOCUMENT by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation SCHEDULE A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited, a Hong Kong Limited Corporation

CASE ASSIGNED to the Honorable Joan B. Gottschall. 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.

ATTORNEY Appearance for Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation by Michael Thomas Stanley

MOTION by Plaintiff Collectanea J. Limited, a Hong Kong Limited Corporation for discovery from third parties

MAILED copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable Joan B. Gottschall: This court's Local Rule 5.5(d) provides, "A motion for an ex parte order shall be accompanied by an affidavit showing cause for withholding service and stating whether or not a previous application for similar relief has been made." Within seven days (on or before 8/1/2024), plaintiff is instructed to file a Local Rule 5.5(d) affidavit regarding its motion 7 for expedited discovery. The affidavit must explain why the non-party providers of services to defendant, such as Walmart, named in plaintiff's proposed order, should not be given notice of the motion for expedited discovery and an opportunity to be heard on the motion. Mailed notice

SEALED ORDER Signed by the Honorable Joan B. Gottschall on 7/25/2024. Mailed notice

MOTION by Plaintiff Collectanea J. Limited for extension of time TO RESPOND TO COURT ORDER [DOC. 9]

DECLARATION of Yu Chung Ting

(Exhibit One: Registration with Samples)

SEALED DOCUMENT by Plaintiff Collectanea J. Limited EXHIBITS THREE (SCHEDULE A) AND FOUR (EVIDENCE) TO THE DECLARATION OF YU CHUNG TING (DOC. 12)

(Exhibit Three: Evidence)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 11 for a ten-day extension of its deadline to respond to the minute order 9 entered 7/25/2024 is granted. Plaintiff's deadline is extended to and including 8/12/2024. The court clarifies that it granted plaintiff's motion 7 for leave to conduct expedited discovery by sealed order 10 dated 7/25/2024. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff is instructed to file a status report on the progress of discovery by and including 8/29/2024.Mailed notice

STATUS Report by Collectanea J. Limited

ORDER: An initial status report is due on or before October 4, 2024. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2).If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 9/3/2024.Mailed notice

MOTION by Plaintiff Collectanea J. Limited FOR ELECTRONIC SERVICE OF PROCESS PURSUANTTO FED. R. CIV. P. 4(f)(3)

MOTION by Plaintiff Collectanea J. Limited for temporary restraining order

(Exhibit One: Declaration of L. Pittaway)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 20 under Fed. R. Civ. P. 4(f)(3) for leave to serve the summons and complaint by electronic means is denied without prejudice as premature. Plaintiff neither cites nor attempts to distinguish this court's holding in Luxottica Grp. S.p.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 391 F. Supp. 3d 816, 82128 (N.D. Ill. 2019), that a plaintiff must demonstrate reasonable diligence in determining an international defendant's mailing address before the court can find that the Hague Convention does not apply and authorize service by electronic means. See Luxottica, 391 F. Supp. 3d at 82224. Plaintiff may renew its motion after (1) third-party providers of services to defendants answer plaintiff's discovery requests and (2) plaintiff has conducted a reasonably diligent investigation of any mailing addresses disclosed. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed an ex parte motion 21 for temporary restraining order. On or before 10/17/2024, plaintiff is directed to either give notice of the motion to the non-party providers of services to the defendants named in its proposed temporary restraining order (collectively "third-party providers") or file a supplemental memorandum of law explaining why notice to the third-party providers should not be required. For legal authority on notice to third parties named in a temporary restraining order, counsel are directed to the cases cited in this court's standing order in Lanham Act Counterfeiting Cases, which can be obtained from the judge's page on the court's official website at https://www.ilnd.uscourts.gov/. See Lake Shore Asset Mgmt. Limited v. CFTC, 511 F.3d 762 (7th Cir. 2007); United States v. Kirschenbaum, 156 F.3d 784 (7th Cir. 1998); Pow! Entertainment, LLC v. Defendants. Listed On Sched. A, 2020 WL 5076715 (N.D. Ill. Aug. 26, 2020). Mailed notice.

MEMORANDUM set deadlines, 23 by Collectanea J. Limited OF LAW REGARDING THE ISSUE OF NOTICE TO THIRD PARTY PLATFORMS

MINUTE entry before the Honorable Joan B. Gottschall: In its supplemental memorandum 24, plaintiff proposes that, in lieu of service of the motion for a temporary restraining order on the third party platform, the court set "a deadline for any third party platform to object prior to the implementation of any temporary restraining order." Suppl. Mem. 1. Plaintiff asserts that this procedure is consistent with Harai v. Defendants Listed on Schedule A, No. 1:23-cv-03382 (N.D. Ill. June 1, 2023). Id. But this court did not follow such a procedure in Harai. Rather, as the minute order (No. 1:23-cv-03382, Doc. No. 15) of 06/01/2023 states, the plaintiff voluntarily gave notice of her motion for a temporary restraining order to Amazon. The court then entered a minute order stating in part: "Amazon has until noon on Thursday, June 8, 2023, to object to plaintiff's request that the court find that it has personal jurisdiction over it and that it is in active concert or participation with the defendants named in schedule A to the complaint." Id. (citing Fed. R. Civ. P. 65(d)(2)). The deadline came and went without Amazon filing a response, and the court entered a temporary restraining order on 06/09/2023. As the foregoing discussion shows, Harai does not support plaintiff's request, which the court reads as a proposal to adopt a temporary restraining order without notice. (No. 1:23-cv-03382, Doc. No. 18). Nor does the court understand what plaintiff means by proposing that third parties be given an opportunity to object before "implementation" of the temporary restraining order. If plaintiff wishes to explain what this proposal means, it may do so on or before 11/06/2024. Plaintiff's explanation should be accompanied by language it proposes to include in the temporary restraining order. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Pursuant to plaintiff's notice 26 of voluntary dismissal, this case is dismissed without prejudice. Plaintiff's motion for a temporary restraining order 21 is denied without prejudice as moot. Civil case terminated. All presently sealed documents will remain sealed for six months, that is, until and including 05/15/2025. Plaintiff must show good cause under Local Rule 26.2(c) to continue the seal beyond that date. If plaintiff does not file a motion to extend the seal on or before 05/15/2025, all presently sealed documents will be unsealed on 05/16/2025. Motion for TRO 21 is denied; Civil case terminated. Mailed notice

MAILED copyright report to Registrar, Washington DC

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Collectanea J. Limited (Amended)