2025-cv-06555

COMPLAINT filed by Toho Co. Ltd.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23617060.

Exhibit 1

(Exhibit 2)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Toho Co. Ltd. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Toho Co. Ltd. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Toho Co. Ltd. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Toho Co. Ltd. by John Wilson

ATTORNEY Appearance for Plaintiff Toho Co. Ltd. by Elizabeth Aubree Miller

MOTION by Plaintiff Toho Co. Ltd. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Toho Co. Ltd. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toho Co. Ltd.

Notice of Claims Involving Trademarks by Toho Co. Ltd.

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Maria Valdez. 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.

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Maria Valdez. 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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable LaShonda A. Hunt: This case has been assigned to the calendar of Judge LaShonda A. Hunt. On 6/12/25, Plaintiff commenced this action by filing a complaint 1, a motion to seal 8, and provisionally sealed Schedule A 9 naming 124 Defendants in this single case. However, the Court questions whether Plaintiff has established sufficient grounds for joinder of all Defendants. See Fed. R. Civ. P. 20(a)(2); Viking Arm AS v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105 (N.D. Ill. June 6, 2024). By 7/3/25, Plaintiff must either (a) file a supplemental memorandum that refers to specific facts alleged in its filings and provides citations to specific screenshots associated with each Schedule A Defendant to demonstrate that joinder is proper; or (b) file an amended schedule A with a subset of Defendants, along with a declaration that explains how each of these defendants is properly joined with each other and includes labeled exhibits that contain screenshots or other information specific to Defendants listed on amended Schedule A only. In addition, Plaintiff's motion to seal 9 argues that such relief is necessary to prevent the Defendants from learning of these proceedings prior to the execution of the temporary restraining order. To date, however, Plaintiff has neither noticed the motion to seal for presentment in accordance with this Court's case management procedures nor filed a motion for entry of a temporary restraining order. Thus, Plaintiff has not established exceptional circumstances that would provide any basis for sealing the names of associated defendants listed in its complaint and schedule A 9. See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case. be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."). Accordingly, the motion to seal 8 is denied, and the Clerk's office is directed, forthwith, to unseal Schedule A 9. Failure to timely comply with this order may result in dismissal without prejudice. Mailed notice (gel,)

AMENDED complaint by Toho Co. Ltd. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

(Exhibit 1)

Amended Schedule A by Toho Co. Ltd.

DECLARATION of Koji Ueda

(Exhibit 1)

EXHIBIT by Plaintiff Toho Co. Ltd. Exhibit 2 to Ueda Declaration

MOTION by Plaintiff Toho Co. Ltd. to expedite Plaintiff's Motion for Expedited Discovery

MOTION by Plaintiff Toho Co. Ltd. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 20, motion to expedite 19 before Honorable LaShonda A. Hunt on 7/8/2025 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to conduct expedited discovery 19 is granted. The Court finds that expedited discovery is warranted to obtain Defendant's contact information. Enter Order Authorizing Expedited Discovery. Plaintiff's motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 20 is denied without prejudice. Plaintiff seeks authorization to effectuate service of process by email and electronic publication but has not yet shown that it has a reliable email address at which it may reach Defendant, despite claiming in the motion that Defendant's email address is included in Exhibit 2 to the declaration of Koji Ueda (see Dkt. 20 at 2). There is no such email address included in the exhibit. Any renewed motion must include these details. The motion hearing set for 7/8/25 21 is stricken. If no other relief has been sought, Plaintiff is ordered to file a status report by 7/24/25 updating the Court on the progress of expedited discovery and proposed next steps in the case. The Clerk of Court is directed to correct the case caption and docket to reflect that the Defendant in this case is "Ashylly." Mailed notice (gel,)

ORDER AUTHORIZING EXPEDITED DISCOVERY Signed by the Honorable LaShonda A. Hunt on 7/3/2025. Mailed notice (gel,)

MOTION by Plaintiff Toho Co. Ltd. Plaintiff's Renewed Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

DECLARATION of Elizabeth A. Miller

NOTICE of Motion by Elizabeth Aubree Miller for presentment of motion for miscellaneous relief 24 before Honorable LaShonda A. Hunt on 7/31/2025 at 10:00 AM.

STATUS Report by Toho Co. Ltd.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's renewed motion for electronic service 24 is granted. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with online marketplace defendants. Enter Order Authorizing Electronic Service of Process. Motion hearing set for 7/31/25 26 is stricken. A status report regarding next steps is due by 8/29/25, if other appropriate relief has not been sought by that date. Mailed notice (gel,)

ORDER AUTHORIZING ELECTRONIC SERVICE OF PROCESS Signed by the Honorable LaShonda A. Hunt on 7/25/2025. Mailed notice (gel,)

SUMMONS Issued (Court Participant) as to Defendant Ashylly

SUMMONS Returned Executed by Toho Co. Ltd. as to Ashylly on 7/28/2025, answer due 8/18/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Toho Co. Ltd.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Toho Co. Ltd.

MOTION by Plaintiff Toho Co. Ltd. for default judgment as to Defendant No. 58

MEMORANDUM by Toho Co. Ltd. in support of motion for default judgment 35

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 35

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 35 before Honorable LaShonda A. Hunt on 9/2/2025 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for default and default judgment 35 is granted in part as to the request for entry of default. Plaintiff has shown that Defendant Ashylly was served on 7/28/25 and failed to plead or otherwise defend this action by 8/18/25 32. Accordingly, pursuant to Federal Rule of Civil Procedure 55(a), default is entered against Defendant Ashylly. Plaintiff's motion is entered and continued as to the request for entry of a default judgment. Any objections to the motion for entry of default judgment are due by 9/3/25. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve a copy of this order on defaulted Defendant within one business day of entry and promptly file proof of such service. The motion hearing set for 9/2/25 38 is stricken. Mailed notice (gel,)

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Toho Co. Ltd.

STATUS Report by Toho Co. Ltd.