2024-cv-11164

COMPLAINT filed by The AL Agnew Collection LLC; Filing fee $ 405, receipt number AILNDC-22668435.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff The AL Agnew Collection LLC Schedule A to Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff The AL Agnew Collection LLC by Keith A. Vogt

CASE ASSIGNED to the Honorable Jeremy C. Daniel. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 3).

ATTORNEY Appearance for Plaintiff The AL Agnew Collection LLC by Adam Grodman

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.

ORDER: Local Rule 3.1 requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. The AL Agnew Collection LLC is directed to file the Civil Cover Sheet within 14 days of this notification. Signed by the Executive Committee.

ATTORNEY Appearance for Plaintiff The AL Agnew Collection LLC by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff The AL Agnew Collection LLC by Christopher Romero

ATTORNEY Appearance for Plaintiff The AL Agnew Collection LLC by Monica Rita Martin

ATTORNEY Appearance for Plaintiff The AL Agnew Collection LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff The AL Agnew Collection LLC by Yi Bu

MAILED copyright report to Registrar, Washington DC

MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiff has filed a complaint alleging copyright infringement against 126 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 12, 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. Having reviewed the complaint, the Court is also concerned about certain allegations directed towards joinder. For instance, the complaint alleges that, "[u]pon information and belief, Defendants are an interrelated group of infringers working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products." (R. 1 Para. 28.) This is a conclusory statement that does nothing to establish the propriety of joinder. Moreover, experience has shown that, while some individual defendants may operate several online stores, and while some individual defendants may coordinate with other defendants before or after the filing of the infringement action, rarely, if ever, have all defendants named in a Schedule A case worked together. Fed. R. Civ. P. 11(b)(3) requires that, "factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery." Pursuant to Fed. R. Civ. P. 11(c)((3), the Court requires counsel for the plaintiff to show cause why the allegation that "defendants. are working in active concert" does not violate Rule 11(b)(3). The Court will hear argument on the issues raised in this order on November 14, 2024, at 9:30 a.m. Mailed notice.

AMENDED complaint by The AL Agnew Collection LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff The AL Agnew Collection LLC [Amended] Schedule A to Complaint [1]; Schedule A [2]; and Amended Complaint [14]

MOTION by Plaintiff The AL Agnew Collection LLC for leave to file under seal

MOTION by Plaintiff The AL Agnew Collection LLC for leave to file excess pages

MEMORANDUM in Support of [18] Exparte Motion

Declaration of Keith A. Vogt

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

Declaration of Mary Wolk-Agnew

Exhibit 1, of Mary Wolk-Agnew's Declaration

SEALED EXHIBIT by Plaintiff The AL Agnew Collection LLC Sealed Exhibit 2, Declaration of Mary Wolk-Agnew regarding memorandum in support of motion, [19]

Presentment for Exparte Motion [18] and NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file[16], motion for leave to file excess pages[17] before Honorable Jeremy C. Daniel on 11/19/2024 at 09:00 AM.

MINUTE entry before the Honorable Jeremy C. Daniel: Status hearing held. Plaintiff's motions for leave to file under seal 16, for leave to file excess pages 17 and temporary restraining order 18 are granted. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Jeremy C. Daniel on 11/14/2024. Mailed notice.

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

MOTION by Plaintiff The AL Agnew Collection LLC for preliminary injunction

MEMORANDUM by The AL Agnew Collection LLC in support of motion for preliminary injunction 24

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 24 before Honorable Jeremy C. Daniel on 11/26/2024 at 09:30 AM.

SUMMONS Returned Executed by The AL Agnew Collection LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/19/2024, answer due 12/10/2024.

(Declaration of Service)

SURETY BOND in the amount of $ 1,000.00 posted by The AL Agnew Collection LLC

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeremy C. Daniel on 11/26/2024. Motion hearing held. Plaintiff's motion for entry of a preliminary injunction 24 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: ruixiaodedianpu added to case caption. Terminating The Partnerships and Unincorporated Associations Identified on Schedule A

MOTION by Plaintiff The AL Agnew Collection LLC for default judgment as to Against the Defendant Identified in [Amended] Schedule A

MEMORANDUM by The AL Agnew Collection LLC in support of motion for default judgment 30

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment 30 before Honorable Jeremy C. Daniel on 12/18/2024 at 09:30 AM.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Jeremy C. Daniel on 12/18/2024. Motion hearing held. Plaintiff's motion for default judgment 30 is granted. Civil case terminated. Mailed notice.