2024-cv-11936

COMPLAINT filed by Mercis B.V.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22750448.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Mercis B.V. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Mercis B.V. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Mercis B.V. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Mercis B.V. by John Wilson

MOTION by Plaintiff Mercis B.V. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Mercis B.V.

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2).

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.

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 12/20/2024: Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion to seal 7. However, on review of the Complaint 1 and Schedule A 8, the Court raises the propriety of joinder of the 89 Defendants. Federal Rule of Civil Procedure 20(a)(2) governs permissive joinder of defendants. It permits defendants to be joined in a single action if two conditions are met: (1) "any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions"; and (2) "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P 20(a)(2); see UWM Student Ass'n v. Lovell, 888 F.3d 854, 863 (7th Cir. 2018). As other courts within this District have held, "it is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases. The need for sua sponte evaluation also intensifies when it would take enormous time and effort to check the evidencesuch as screenshots of dozens and dozens of defendants' online storesamassed into a single case absent actual connections between the defendants." Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) (citing George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007)); see also, e.g., Andrew Blair Bailie v. Partnerships and Unincorporated Associations Identified on Schedule "A," 24-cv-02150 Dkt. 28 (Apr. 24, 2024). Here, Plaintiff's allegations purporting to establish joinder are merely conclusory. For example, Plaintiff alleges that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the counterfeit products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." R. 1, para. 4. Similar to another court in this District, this Court's "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." Toyota Motor Sales, U.S.A., Inc. v. Partnerships and Unincorporated Associations Identified on Schedule A, 24-cv-09401 Dkt. 23 (Oct. 18, 2024). Accordingly, the Court directs Plaintiff to file, on or before 1/8/2025, a supplemental memorandum addressing the propriety of joinder. Instead of the supplemental memorandum, by the same deadline, Plaintiff may file an amended complaint with (a) one defendant or (b) a subset of the defendants along with a memorandum explaining why joinder of those defendants is proper. Mailed notice.

AMENDED complaint by Mercis B.V. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

(Exhibit 2)

SEALED DOCUMENT by Plaintiff Mercis B.V. Amended Schedule A

MOTION by Plaintiff Mercis B.V. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Mercis B.V. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Mercis B.V. in support of motion for temporary restraining order, 15

Declaration Padberg Declaration

Exhibit 1

Exhibit 2

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 1 to Padberg Declaration

SEALED DOCUMENT by Plaintiff Mercis B.V. Exhibit 3 Part 2 to Padberg Declaration

Notice of Claims Involving Trademarks by Mercis B.V.

MEMORANDUM by Mercis B.V. Plaintiff's Memorandum in Support of Joinder

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Exhibit 2

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons in the accompanying Order, the Court finds that Defendants in this case are not properly joined. Therefore, the amended complaint is dismissed without prejudice. Within 14 days of this Order, Plaintiff is directed to amend its complaint to eliminate all improperly joined defendants. If the second amended complaint names more than one defendant, Plaintiff must simultaneously file a memorandum explaining why joinder of those defendants is proper. Plaintiff's motion for leave to file excess page 14 and motion for a temporary restraining order 15 are denied as moot. Mailed notice.

ORDER: Signed by the Honorable Franklin U. Valderrama on 1/10/2025. Mailed notice.

Second Amended Complaint AMENDED complaint by Mercis B.V. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

Exhibit 1

(Exhibit 2)

SEALED DOCUMENT by Plaintiff Mercis B.V. Sealed Schedule A

MINUTE entry before the Honorable Franklin U. Valderrama: On 01/24/2025, Plaintiff filed an amended complaint 24 naming only one defendant 25. Since then, there has been no activity on the docket. By 07/25/2025, Plaintiff shall file a status report setting forth its anticipated next steps or an appropriate motion. Mailed notice.

STATUS Report by Mercis B.V.

MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's status report, which advises that Plaintiff intends to file a motion for expedited discovery and motion for electronic service within the next seven (7) days 27. Accordingly, the Court directs Plaintiff to file the aforementioned motions, or alternatively another status report, on or before 8/1/2025. Mailed notice.

MOTION by Plaintiff Mercis B.V. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Mercis B.V. to expedite Plaintiff's Motion for Expedited Discovery

ORDER: For the reasons stated therein, Plaintiff's motions for electronic service of process 29 and for expedited discovery 30 are granted. Signed by the Honorable Franklin U. Valderrama on 8/1/2025. Mailed notice.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SUMMONS Returned Executed by Mercis B.V. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 10/1/2025, answer due 10/22/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Mercis B.V.

MINUTE entry before the Honorable Franklin U. Valderrama: On or before 10/29/2025, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If Defendant has not filed an appearance by that date, plaintiff's counsel is instructed to file an individual status report indicating proposed next steps to move the case forward. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice.