2025-cv-03697

COMPLAINT filed by FOT, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-23310910.

Schedule A

Schedule A

Declaration of Plaintiff

Amended Schedule A Redacted

(Exhibit Exhibit 1 (Unredacted))

Ex. A

Ex. 1

CIVIL Cover Sheet

Ex.1

(Ex.1)

(Ex. 1)

Ex. 1 Redacted

ATTORNEY Appearance for Plaintiff FOT, LLC by James Edward Judge

Ex.2

MOTION by Plaintiff FOT, LLC for leave to file documents under seal

Ex.3

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 3). (Text entry; no document attached.)

NEW PARTIES: Sunshine In The Store added to case caption. Terminating The Partnerships and Unincorporated Associations Identified in Amended Schedule A (Text entry; no document attached.)

SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Complaint

ATTORNEY Appearance for Plaintiff FOT, LLC by Ying Chen

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants in part and denies in part plaintiff's motion for leave to file documents under seal [4]. The Clerk of the Court is directed to unseal the complaint at Dkt. 5 and the exhibit at Dkt. 5-2 and to do so promptly. Plaintiff has not rebutted the presumption that its complaint, including the intellectual property right it is asserting, should be filed publicly. Plaintiff has not identified any statute, rule, or privilege that justifies confidentiality. See In re Specht, 622 F.3d 697, 701 (7th Cir. 2010) ("Documents that affect the disposition of federal litigation are presumptively open to public view, even if the litigants strongly prefer secrecy, unless a statute, rule, or privilege justifies confidentiality."); City of Greenville, Ill. v. Syngenta Crop Prot., LLC, 764 F.3d 695, 697 (7th Cir. 2014) ("[L]itigants who enjoy publicly subsidized dispute resolution should expect public oversight."). In addition, upon review of the complaint, the Court sua sponte raises the propriety of joining 97 defendants in a single action. By 4/14/25, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of this Court's orders in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 28, 2024), and Anagram International v. The Partnerships, 24 CV 12194, Dkt. 87 (N.D. Ill. Feb. 21, 2025). In the alternative, plaintiff has leave to file an amended complaint by 4/14/25 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting this Court's order in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025).

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 6/17/25 at 9:30 a.m. in person in Courtroom 1719. By 6/10/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

MOTION by Plaintiff FOT, LLC for leave to file to File Documents Under Seal

SEALED DOCUMENT by Plaintiff FOT, LLC Memorandum in Support of Joinder

ATTORNEY Appearance for Plaintiff FOT, LLC by Zareefa Burki Flener

MINUTE entry before the Honorable Georgia N Alexakis: The Court sets an in-person hearing on plaintiff's motion for leave to file under seal 9 and its accompanying memorandum in support of joining 97 defendants in a single action for 5/15/25 at 9:30 a.m.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file documents under seal 9. The Court has reviewed plaintiff's memorandum regarding joinder 10 and determines that plaintiff has failed to satisfy its burden to show that joinder of 97 defendants is proper under Federal Rule of Civil Procedure 20. See Estee Lauder Cosms. Ltd. v. The Partnerships, 334 F.R.D. 182, 185 (N.D. Ill. 2020) ("[plaintiff] bears the burden of demonstrating that joinder is proper"). In so concluding, the Court adopts its analyses in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 28, 2024), and Anagram International v. The Partnerships, 24 CV 12194, Dkt. 87 (N.D. Ill. Feb. 21, 2025). Although the Court specifically directed plaintiff to these prior decisions 7, plaintiff's joinder memorandum does not cite them, let alone address their reasoning. According to plaintiff, joinder of 97 defendants is proper because nearly all defendants "appear to buy product from the same manufacturer"; "have identical product offered for sale"; and "are confirmed to be located in China" and because a subset of the 97 defendants use packaging that matches the packaging used by the aforementioned manufacturer. [10-2] at 2. These rationales for joinder are ones that the Court already addressed, and rejected, in Anagram International and Bug Art Limited. See also Toyota Motor Sales, USA, Inc. v. The Partnerships, 24 CV 9401, Dkt. 27 at 23 (N.D. Ill. Nov. 18, 2024) ("Even if the t-shirts came from the same factory, and even if the unauthorized vendors employed the same hustle, I would have a hard time establishing a connection between a vendor in Chicago and a vendor in Los Angeleseven though they fit a particular profile."). Plaintiff also asserts that less than half of the 97 defendants use the same phrase in the titles of its product listings and that 14 sample purchases were shipped from three locations: two in Illinois and one in California. [10-2] at 2. But plaintiff does not explain how this evidence supports joinder of 97 defendants. It may permit joinder of those defendants that use the same titles in its product listings, assuming the plaintiff proffered that evidence in full to the Court. Or it may permit joinder of the defendants who shipped from the Illinois locations. Or it may permit joinder of the defendants who shipped from the California location. But that would be joinder of a more modest degree than joinder of 97 defendants. No appearance is required on 5/15/25. Plaintiff is further ordered to show cause in writing by 5/22/25 why this case should not be dismissed.

MOTION by Plaintiff FOT, LLC for leave to file documents under seal Renewed Motion

AMENDED complaint by FOT, LLC against The Partnerships and Unincorporated Associations Identified in Amended Schedule A and terminating The Partnerships and Unincorporated Associations Identified in Schedule A

SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Amended Complaint

MOTION by Plaintiff FOT, LLC for leave to file excess pages

SEALED MOTION by Plaintiff FOT, LLC for Entry of a Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service

SEALED DOCUMENT by Plaintiff FOT, LLC Memorandum in Support of Joinder

MINUTE entry before the Honorable Georgia N Alexakis:The Court sets a hearing in this matter for 5/27/25 at 9:30 a.m. Plaintiff should come prepared to explain why it did not respond to the Court's rule to show cause by 5/22/25, as it was previously directed.

MINUTE entry before the Honorable Georgia N Alexakis: At the request of counsel, the hearing set for 5/27/25 is reset for 5/28/25 at 10:00 a.m.

MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 5/28/25. For the reasons reflected on the record, the Court recognizes that plaintiff responded to its rule to show cause order with the joinder-related memorandum at [19] and, upon consideration of that memorandum and supporting materials, is also satisfied that the amended complaint satisfies Rule 20's joinder requirements. The Court makes this determination without the benefit of adversarial presentation, however, and is willing to revisit the issue if a defendant appears and raises it. In addition, for the reasons reflected on the record, plaintiff's renewed motion for leave to file documents under seal [14] is granted in part and denied in part. By 5/29/25, plaintiff should file an unredacted version of the amended complaint and public versions of plaintiff's intellectual property registrations at issue in this action. Plaintiff's motion for leave to file excess pages [17] is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and alternative service [18], is entered and continued. A supplemental memorandum in support of the temporary restraining order is due by 6/4/25. Plaintiff's amended proposed order should be submitted to the proposed order mailbox by 6/4/25.

AMENDED complaint by FOT, LLC against The Partnerships and Unincorporated Associations Identified in Amended Schedule A (Unredacted)

MOTION by Plaintiff FOT, LLC for leave to file Second Amended Complaint

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file a second amended complaint [24]. Plaintiff's second amended complaint should be filed separately on the docket by 6/6/25.

Second AMENDED complaint by FOT, LLC against Sunshine In The Store

MINUTE entry before the Honorable Georgia N Alexakis: In a 6/9/25 email communication to the Courtroom Deputy, plaintiff's counsel stated that plaintiff intended to file a renewed motion for a temporary restraining order in light of the amended complaint [26]. Plaintiff's motion for a temporary restraining order [18] is therefore denied as moot.

STATUS Report by FOT, LLC

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 28. Because defendant has not yet been served, the Court vacates the 6/17/25 initial status hearing and resets it for 7/17/25 at 9:30 a.m.

NOTICE of Voluntary Dismissal by FOT, LLC as to Defendant Sunshine In The Store

MINUTE entry before the Honorable Georgia N Alexakis: Per plaintiff's notice of voluntary dismissal 30, pursuant to Federal Rule of Civil Procedure 41(a)(1), defendant Sunshine In The Store is dismissed without prejudice. Civil case terminated.