2024-cv-06456

COMPLAINT filed by Andrew Blair Bailie ; Filing fee $ 405, receipt number AILNDC-22287593.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Andrew Blair Bailie Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Andrew Blair Bailie by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Andrew Blair Bailie by Adam Grodman

ATTORNEY Appearance for Plaintiff Andrew Blair Bailie by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Andrew Blair Bailie by Christopher Romero

ATTORNEY Appearance for Plaintiff Andrew Blair Bailie by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Andrew Blair Bailie by Yanling Jiang

ATTORNEY Appearance for Plaintiff Andrew Blair Bailie by Yi Bu

MOTION by Plaintiff Andrew Blair Bailie for leave to file under seal

MOTION by Plaintiff Andrew Blair Bailie for leave to file excess pages

MINUTE entry before the Honorable Edmond E. Chang: (1.) The Plaintiff's motion 13 to seal is granted given the asset-restraint goal. The motion 14 for extra pages is granted. (2.) On the motion 15 for TRO and other relief, the Plaintiff shall file a Joinder Memorandum explaining the propriety of joinder of the three Defendants in Amended Schedule A, consistent with Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 18789 (N.D. Ill. 2020). The Joinder Memorandum is due on 08/07/2024. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 08/16/2024 at 8:30 a.m. Emailed notice

SEALED DOCUMENT by Plaintiff Andrew Blair Bailie Plaintiff's Memorandum Establishing That Joinder Is Proper

MINUTE entry before the Honorable Edmond E. Chang: The tracking status hearing of 08/16/2024 is reset to 08/23/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: On review of the joinder memorandum, R. 20, for now the case may progress with the three Defendants given the use of the same unique brand name, same exact product, and same unique advertising text. The Plaintiff shall include a joinder discussion when filing TRO motions in other cases before Judge Chang. The Plaintiff's motion 15 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 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 shall promptly move the case forward and promptly accomplish electronic service when appropriate. The tracking status hearing of 08/23/2024 is reset to 09/06/2024 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 by 09/03/2024, and if appropriate file an extension motion on the TRO (or preliminary injunction motion, if appropriate) by 08/30/2024. Emailed notice

SEALED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 8/22/2024. Emailed notice

PUBLIC REDACTED TEMPORARY Restraining Order signed by the Honorable Edmond E. Chang on 8/22/2024. Emailed notice (cn). Modified on 8/22/2024.

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

MOTION by Plaintiff Andrew Blair Bailie for preliminary injunction

MEMORANDUM by Andrew Blair Bailie in support of motion for preliminary injunction 26

Declaration of Keith A. Vogt

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

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction 26 before Honorable Edmond E. Chang on 9/5/2024 at 08:30 AM.

SUMMONS Returned Executed by Andrew Blair Bailie as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/29/2024, answer due 9/19/2024.

(Declaration of Service)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the TRO, the preliminary injunction motion 26 is granted. Given the 09/19/2024 answer deadline, the tracking status hearing of 09/06/2024 is reset to 10/04/2024 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 09/27/2024, of the Defendants do not answer on time, then they are deemed to be in default and the Plaintiff shall file a motion for default judgment in a sum certain by 09/27/2024. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/30/2024. Emailed notice

NEW PARTIES: ZHUyi, Defendant no. 2 and liufengjingyingbu added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A

MOTION by Plaintiff Andrew Blair Bailie for default judgment as to The Defendant Identified In [Amended] Schedule A

MEMORANDUM by Andrew Blair Bailie in support of motion for default judgment 32

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

Tentative NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 32 before Honorable Edmond E. Chang on 9/26/2024 at 08:30 AM.

MINUTE entry before the Honorable Edmond E. Chang: In the absence of a timely response to the complaint, the motion for default judgment 32 is granted. Judgment shall be entered for the Plaintiff and against each Defendant in the amount of ten-thousand dollars ($10,000) each. Given the willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The status hearing of 10/04/2024 is vacated. Civil case terminated. Emailed notice

DEFAULT FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 09/25/2024. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 09/25/2024. Emailed notice

MAILED copyright report to Registrar, Washington DC