2024-cv-10927

COMPLAINT filed by Merch Traffic, LLC; Filing fee $ 405, receipt number AILNDC-22645701.

Exhibit 1

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SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Merch Traffic, LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Merch Traffic, LLC

Notice of Claims Involving Trademarks by Merch Traffic, LLC

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Luana Faria De Souza (Faria De Souza, Luana)

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging trademark infringement, counterfeiting, and false designation of origin against 80 defendants. (R. 1 and R. 2.) This case follows a pattern common to "Schedule A" cases where plaintiffs allege that defendants employ similar methods and "work in active concert" to infringe plaintiffs' intellectual property. But experience has shown that not all defendants named in a Schedule A case work together. More importantly, experience has shown that joinder under Fed. R. Civ. P. 20 is rarely appropriate in Schedule A cases. Accordingly, the Court raises the propriety of joinder and requires the plaintiff to file a supplemental memorandum addressing the propriety of joinder on or before November 7, 2024. Alternatively, by the same date, the plaintiff may file an amended complaint naming one or more defendants; however, if the plaintiff names multiple defendants, the plaintiff must show that joinder of those defendants is proper. Mailed notice.

MOTION by Plaintiff Merch Traffic, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Merch Traffic, LLC in support of motion for temporary restraining order[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

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DECLARATION of Emily Holt regarding memorandum in support of motion[15]

Exhibit 1

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Exhibit 2 - Parts 1-2 regarding declaration[17]

MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief[19]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

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Exhibit 2

MEMORANDUM text entry, [13] by Merch Traffic, LLC Supplemental Memorandum in Response to [13]

DECLARATION of Justin R. Gaudio regarding memorandum[22]

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NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3], motion for miscellaneous relief[19], motion for temporary restraining order[14] before Honorable Jeremy C. Daniel on 11/12/2024 at 09:30 AM.

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Berel Yonathan Lakovitsky

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. For the reasons stated on the record, plaintiff's pending motions are taken under advisement. Mailed notice.

ORDER. The complaint [1] is dismissed without prejudice for misjoinder. The plaintiff has fourteen days from the entry of this order to file an amended complaint naming an appropriate defendant or group of properly joined defendants. The plaintiff's motion for leave to file under seal [3] is granted. All other pending motions [[14], [19]] are denied as moot. Signed by the Honorable Jeremy C. Daniel on 11/18/2024. Mailed notice.

AMENDED complaint by Merch Traffic, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

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SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Schedule A regarding amended complaint[28]

MOTION by Plaintiff Merch Traffic, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Merch Traffic, LLC in support of motion for temporary restraining order[30]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[31]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Emily Holt regarding memorandum in support of motion[31]

Exhibit 1

SEALED EXHIBIT by Plaintiff Merch Traffic, LLC Exhibit 2 - Part 1 regarding declaration[33]

MOTION by Plaintiff Merch Traffic, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Merch Traffic, LLC in support of motion for miscellaneous relief[35]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[30], motion for miscellaneous relief[35] before Honorable Jeremy C. Daniel on 11/26/2024 at 09:30 AM.

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Trevor Christian Talhami

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Plaintiff's motions for temporary restraining order [30] and for electronic service of process [35] are granted. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 11/26/2024. Mailed notice.

Registry Deposit Information Form by Merch Traffic, LLC

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

BOND in the amount of $ 1,000 check, Receipt No. 100013834, posted by Merch Traffic, LLC. (Text entry; no document attached.)

MOTION by Plaintiff Merch Traffic, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Merch Traffic, LLC in support of extension of time[43]

DECLARATION of Kahlia R. Halpern regarding memorandum in support of motion[44]

NOTICE of Motion by Kahlia Roe Halpern for presentment of extension of time[43] before Honorable Jeremy C. Daniel on 12/10/2024 at 09:30 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff's motion to extend the temporary restraining order [43] is granted in part. The temporary restraining order entered on November 26, 2024, [41], now expires December 19, 2024, at 11:00 a.m. The motion hearing is stricken. Mailed notice.

MOTION by Plaintiff Merch Traffic, LLC for preliminary injunction

Exhibit A

MEMORANDUM by Merch Traffic, LLC in support of motion for preliminary injunction[48]

Declaration of Kahlia R. Halpern

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for preliminary injunction[48] before Honorable Jeremy C. Daniel on 12/19/2024 at 09:30 AM.

Exhibit A

SUMMONS Returned Executed by Merch Traffic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2024, answer due 1/1/2025.

Declaration of Luana Faria de Souza

Exhibit A

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Thomas Joseph Juettner

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 12/19/2024. Motion hearing held. Plaintiff's motion for entry of a preliminary injunction as to certain defendants [48] is granted. The plaintiff is hereby ordered to add ALL defendant names listed in the Schedule A to the docket within three business days, instructions can be found on court's website located at www.ilnd.uscourts.gov/instructions. Mailed notice.

NEW PARTIES: UNI-US added to case caption. (Text entry; no document attached.)

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MOTION by Plaintiff Merch Traffic, LLC for entry of default, MOTION by Plaintiff Merch Traffic, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Merch Traffic, LLC in support of motion for entry of default, motion for default judgment 55

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 56

(Exhibit 1)

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for entry of default, motion for default judgment 55 before Honorable Jeremy C. Daniel on 1/14/2025 at 09:30 AM.

(Exhibit A)

ATTORNEY Appearance for Plaintiff Merch Traffic, LLC by Marcella Deshonda Slay

FINAL JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 1/14/2025. Motion hearing held. Plaintiff's motion for entry of default and default judgment [55] is granted. Civil case terminated. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MOTION by Plaintiff Merch Traffic, LLC for Release of Bond

NOTICE of Motion by Kahlia Roe Halpern for presentment of motion for miscellaneous relief[62] before Honorable Jeremy C. Daniel on 3/4/2025 at 09:30 AM.

ORDER TO RELEASE BOND TO PLAINTIFF. The one thousand dollar ($1,000) cash bond, including the interest minus the registry fee, posted by Merch Traffic, LLC ("Plaintiff") is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Signed by the Honorable Jeremy C. Daniel on 2/26/2025. Mailed notice.

FULL SATISFACTION of Judgment regarding order on motion for entry of default, order on motion for default judgment, motion hearing, terminated case 60 in the amount of $50,000 as to certain defendant

MINUTE entry before the Honorable Jeremy C. Daniel: Any party to this action has until October 21, 2025, to justify the continued need to seal any documents in this case. The Court intends to unseal all documents in this case after that date. Mailed notice.