2025-cv-07070

COMPLAINT filed by FOT, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-23669695.

Schedule A

Ex.1

Declaration of James E. Judge

CIVIL Cover Sheet

Ex.1

Ex.2

Ex. A

ATTORNEY Appearance for Plaintiff FOT, LLC by James Edward Judge

Ex.2

Ex.3

TRO Brief

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

Ex.3

Declaration of Plaintiff

SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Complaint

Ex.1

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. (Text entry; no document attached.)

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

MAILED Copyright request letter to counsel of record.

Ex. 2

MINUTE entry before the Honorable Lindsay C. Jenkins: The clerk is directed to update the case caption to reflect that the Plaintiff is "Fairly Odd Treasures, LLC." No-name litigation is disfavored in general, and the Seventh Circuit has repeatedly voiced disfavor of parties proceeding anonymously, as anonymous litigation runs contrary to the rights of the public to have open judicial proceedings. The Court grants the motion to seal [4], but upon review of the complaint, the Court sua sponte raises the propriety of joining more than 90 defendants in a single action. By July 3, 2025, plaintiff must file a supplemental memorandum addressing the propriety of joinder. In the alternative, plaintiff has leave to file an amended complaint by July 3, 2025 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. Any amended pleading may not proceed using a pseudonym. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting the opinion issued in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025) (Alexakis, J.). Mailed notice.

MOTION by Plaintiff Fairly Odd Treasures, LLC for leave to file Renewed Motion For Leave Documents Under Seal

Redacted AMENDED complaint by Fairly Odd Treasures, LLC against John Doe

SEALED DOCUMENT by Plaintiff Fairly Odd Treasures, LLC Unredacted Amended Complaint

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to seal [8] is denied. The clerk is directed to unseal the document sealed at entry [10] and to update the case caption to reflect that Ningbo Home-Dollar Imp.& Exp. Corp. is the Defendant. The court has already concluded that no name litigation is not warranted under the circumstances, so Plaintiff's redacted amended complaint is improper. The case will proceed on the amended complaint filed at [10], which will be the operative pleading. Any motion for electronic service or expedited discovery must be filed by July 8, 2025. Mailed notice.

MOTION by Plaintiff Fairly Odd Treasures, LLC for leave to file excess pages

MOTION by Plaintiff Fairly Odd Treasures, LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Alternative Service

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's ex parte motion 13 is granted in part and denied in part, and the motion for excess pages 12 is granted. The motion states that Plaintiff received its copyright in February 2025 and from the screenshots, is claiming infringement from acts in March 2025. The court is dubious that the claim has as much value in damages if infringement occurred shortly after the assignment. The motion is granted to the extent that it stops sales of allegedly infringing works on an ex parte basis. It is denied as to a prejudgment asset restraint, which is not to be used to secure assets for collection. Nor is an asset restraint necessary to conduct an accounting; discovery and records of sales can provide any accounting plaintiff may be entitled to. Plaintiffs in these "Schedule A" cases rarely pursue an actual accounting as a remedy and rarely justify requests for statutory damages by reference to actual sales figures, lost profits, or the like. Instead, counsel typically asks for an amount of statutory damages based on notions of deterrence without case-specific factual support justifying the number. An asset restraint is not necessary here, and for the reasons previewed in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39. A security bond is set at $30,000. The security must be posted within one week. A proposed TRO should be submitted to the court's PO Box by July 11, 2025. Mailed notice.

NOTICE of Voluntary Dismissal by Fairly Odd Treasures, LLC as to Defendant Ningbo Home-Dollar Imp.& Exp. Corp.

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a notice of voluntary dismissal, so the case is dismissed without prejudice. Civil case terminated. Mailed notice.