2025-cv-00106

COMPLAINT filed by Tobias Teixeira Da Fonseca ; Filing fee $ 405, receipt number AILNDC-22913138.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Tobias Teixeira Da Fonseca Schedule A to Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Adam Grodman

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Christopher Romero

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Yanling Jiang

ATTORNEY Appearance for Plaintiff Tobias Teixeira Da Fonseca by Yi Bu

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. 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.

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

MAILED copyright report to Registrar, Washington DC.

MINUTE entry before the Honorable John Robert Blakey: In this case, recently assigned to this Court, Plaintiff seeks to sue 49 separate Defendants for infringement of seven different copyrights, see 1, 2. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). In this regard, the complaint lumps all Defendants together and alleges, in a conclusory manner, that they "share unique identifiers, such as design elements and similarities of the unauthorized 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." 1 7, 10, 14. But the conclusion does not necessarily follow from the alleged facts; it is equally possible that each online retailer set up shop in the same or similar manner. See, e.g., Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). Plaintiff also alleges that the "Infringing Products for sale in the Defendant Internet Stores bear similarities and indicia of being related to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that, upon information and belief, Defendants are interrelated." Id. 30. This additional conclusory allegation similarly fails to justify the joinder of all 49 defendants in this case, claiming infringement of seven separate copyrighted works. The Court accordingly dismisses Plaintiff's complaint 1 without prejudice. If Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to support the joinder of all Defendants in this single action, it may do so by 1/31/25. Mailed notice.

AMENDED complaint by Tobias Teixeira Da Fonseca against The Partnerships and Unincorporated Associations Identified on Schedule A

(Exhibit 1)

Amended Schedule A to Complaint 1 and Schedule A 2 by Tobias Teixeira Da Fonseca

Motion by Tobias Teixeira Da Fonseca Ex Parte Motion for Leave to Conduct Expedited Discovery and Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3

MEMORANDUM in support of 15 Exparte motion

Exhibit 1

Declaration of Keith A. Vogt

(Exhibit 1-2, of Keith A. Vogt's declaration)

Presentment for Exparte motion 15 NOTICE of Motion by Keith A. Vogt for presentment of before Honorable John Robert Blakey on 2/5/2025 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Plaintiff submitted an amended complaint naming a single defendant, which eliminates any joinder issues, see 13, 14. Plaintiff may therefore proceed on the amended complaint, and the Court grants Plaintiff's motion for leave to serve Defendant electronically and to conduct expedited discovery 15. The Court strikes the 2/5/25 Notice of Motion date. Mailed notice.