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2023-cv-14102

Roblox Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院:伊利诺伊州北法院
发案日期:2023-09-26
原告:Roblox Corporation
代理律所:HSP
诉讼类型:商标、版权
# Date Description
[+] 1 2023-09-26 COMPLAINT filed by Roblox Corporation; Jury Demand. Filing fee $ 402, receipt number AILNDC-21144218.
2 2023-09-26 CIVIL Cover Sheet
3 2023-09-26 ATTORNEY Appearance for Plaintiff Roblox Corporation by Michael A. Hierl
4 2023-09-26 ATTORNEY Appearance for Plaintiff Roblox Corporation by William Benjamin Kalbac
5 2023-09-26 ATTORNEY Appearance for Plaintiff Roblox Corporation by Robert Payton Mcmurray
6 2023-09-26 MOTION by Plaintiff Roblox Corporation to seal document Plaintiff's Motion for Leave to File Under Seal
7 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Sealed Schedule A
[+] 8 2023-09-26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Roblox Corporation
9 2023-09-26 MOTION by Plaintiff Roblox Corporation for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation
10 2023-09-26 MOTION by Plaintiff Roblox Corporation 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
[+] 11 2023-09-26 MEMORANDUM by Roblox Corporation in support of motion for temporary restraining order, 10
12 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 1 of Bayley Declaration
13 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 2 of Bayley Declaration
14 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 3 of Bayley Declaration
15 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 4 of Bayley Declaration
16 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 5 of Bayley Declaration
17 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 6 of Bayley Declaration
18 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 7 of Bayley Declaration
19 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 8 of Bayley Declaration
20 2023-09-26 SEALED DOCUMENT by Plaintiff Roblox Corporation Exhibit 2 Part 9 of Bayley Declaration
21 2023-09-26 Notice of Claims Involving Trademarks by Roblox Corporation
22 2023-09-27 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for entry of a temporary restraining order 10. Provided that Plaintiff provides the security described in Paragraph 11 of the temporary restraining order, the temporary restraining order shall become effective on October 2, 2023 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Emailed notice
23 2023-09-27 SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 9/27/2023. Emailed notice
24 2023-09-28 SURETY BOND in the amount of $10,000 posted by Roblox Corporation (Document not scanned.)
25 2023-10-10 MOTION by Plaintiff Roblox Corporation for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order
26 2023-10-12 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's ex parte motion to extend the temporary restraining order 25. The temporary restraining order 23 shall now expire on 10/30/2023 at 6:00 p.m. Emailed notice
27 2023-10-18 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 152
[+] 28 2023-10-27 MOTION by Plaintiff Roblox Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction
29 2023-10-27 MEMORANDUM by Roblox Corporation in support of motion for preliminary injunction 28
30 2023-10-27 DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 28
[+] 31 2023-10-27 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
32 2023-10-31 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
33 2023-11-01 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
34 2023-11-02 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
35 2023-11-03 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
[+] 36 2023-11-06 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 28 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint 7 ; (2) Exhibit 2 to the Declaration of Christian Bayley [12-20]; and (3) the TRO 23. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice.
37 2023-11-06 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 11/6/2023. Emailed notice
38 2023-11-06 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
[+] 39 2023-11-07 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
40 2023-11-08 ANSWER to Complaint by TianyuDesign(TianyuDesign,)
41 2023-11-09 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants
42 2023-11-15 MOTION by Defendant TheStickerShopCanada to dismiss insufficient service of process (TheStickerShopCanada,)
[+] 43 2023-11-15 MINUTE entry before the Honorable Franklin U. Valderrama: In Plaintiff's Notice of Voluntary Dismissal Plaintiff 41, Plaintiff includes the following Defendants to be terminated: 215 xColorLine, 216 XistosaCreations, 217 XpressGraphixx, 218 Yakoutlet, 223 ZinaMadeIt, and 224 ZugarComa. However, those Defendants were never added as parties to the docket, despite the Court's instruction to counsel for Plaintiff that ALL Defendants from Schedule A must be added to the docket within three business days. R. 36. The Court orders Plaintiff to add those Defendants to the docket by 11/17/2023. Emailed notice
44 2023-11-16 Appearance of Pro Se Litigant by TheStickerShopCanada (TheStickerShopCanada,)
45 2023-11-16 Appearance of Pro Se Litigant by TianyuDesign (TianyuDesign,)
46 2023-11-16 MINUTE entry before the Honorable Franklin U. Valderrama: Defendant TheStickerShopCanada entered a pro se litigant appearance 44. The Court denies Defendant TheStickerShopCanada's motion to dismiss complaint 42 without prejudice. In order to file any motion before the Court, Defendant TheStickerShopCanada must obtain counsel, as a corporation cannot appear in court pro se or be represented by a non-lawyer. Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."). Emailed notice
[+] 47 2023-11-17 RESPONSE to Minute entry 46 and Motion to Reconsider.
48 2023-11-20 SUMMONS Returned Executed by Roblox Corporation as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 10/27/2023, answer due 11/17/2023.
49 2023-11-20 CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Roblox Corporation
[+] 50 2023-11-20 MOTION by Plaintiff Roblox Corporation for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A
[+] 51 2023-11-20 MEMORANDUM by Roblox Corporation in support of motion for default judgment, 50
[+] 52 2023-11-20 DECLARATION of Michael A. Hierl regarding motion for default judgment, 50
53 2023-11-20 ANSWER to Complaint by TianyuDesign.
54 2023-11-29 MINUTE Entry before the Franklin U. Valderrama: The Court is in receipt of Defendant TheStickerShopCanada's response to minute entry R. 46 and motion to reconsider 47. Defendant TheStickerShopCanada has entered a pro se litigant appearance 44. As previously explained by Minute Entry dated 11/16/2023 46, TheStickerShopCanada must obtain counsel, as an entity cannot appear pro se or be represented by a non-lawyer. Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."). Further, "[t]here is no right to court-appointed counsel in federal civil litigation." Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014). Therefore, in the absence of an appearance on behalf of TheStickerShopCanada by counsel, the Court cannot consider motions or other filings submitted on behalf of TheStickerShopCanada 42 47 by a non-attorney. Defendant must retain counsel if it is to participate in this case. Defendant TheStickerShopCanada has until 12/19/2023 to retain an attorney and have that attorney file an appearance in this case. Defendant TheStickerShopCanada's failure to file an appearance in this case by that date may result in the grant of Plaintiff's motion for default and default judgment against that entity. Emailed notice
55 2023-11-29 MINUTE Entry before the Franklin U. Valderrama: Defendant TianyuDesign entered a pro se litigant appearance 45 and has filed two answers on behalf of TianyuDesign 40 53. In order to file any document before the Court, Defendant TianyuDesign must obtain counsel, as a corporation cannot appear in court pro se or be represented by a non-lawyer. Scandia Down Corp. v. Euroquilt, Inc., 772 F. 2d 1423, 1427 (7th Cir. 1985) ("A corporation must appear by counsel, or not at all."). Further, "[t]here is no right to court-appointed counsel in federal civil litigation." Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014). Therefore, in the absence of an appearance on behalf of TianyuDesign by counsel, the Court cannot consider motions or other filings submitted on behalf of TianyuDesign 40 53 by a non-attorney. Defendant must retain counsel if it is to participate in this case. Defendant TianyuDesign has until 12/19/2023 to retain an attorney and have that attorney file an appearance in this case. Defendant TianyuDesign's failure to file an appearance in this case by that date may result in the grant of Plaintiff's motion for default and default judgment against that entity. Emailed notice
56 2023-11-29 MINUTE Entry before the Franklin U. Valderrama: The Court grants, in part, Plaintiff's Motion for Entry of Default and Default Judgment against Defendants identified in Amended Schedule A 50. At this time, the Court denies the motion to the extent it includes Defendants TianyuDesign and TheStickerShopCanada. Statutory damages are awarded in the amount of $100,000 per each distinct Defaulting Defendant as indicated in the order. Enter Amended Default Judgment Order. By 12/28/2023, Plaintiff is directed to file a status report as to the status of the case against the remaining Defendants TianyuDesign and TheStickerShopCanada. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Emailed notice
57 2023-11-29 DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 11/29/2023. Emailed notice
[+] 58 2023-12-04 DECLARATION of Phoebe Pothaar (TheStickerShopCanada) OF PRO SE STATUS
59 2023-12-06 MINUTE entry before the Honorable Franklin U. Valderrama: The Court is in receipt of TheStickerShopCanada's Declaration of Pro Se Status 58. In the Declaration, Phoebe Pothaar, the owner and operator of TheStickerShopCanada, attests that her business is a sole proprietorship, and attaches a business license verifying the entity is a sole proprietorship at Exhibit D to the Declaration. R. 58-3. On that basis, Ms. Pothaar may represent her sole proprietorship pro se. U.S. v. Hagerman, 545 F.3d 579, 581 (7th Cir. 2008) (internal citations omitted) ("A sole proprietorship may litigate pro se, because it has no legal identity separate from the proprietor himself.") On that basis, the Court sets the following briefing schedule on TheStickerShopCanada's motion to dismiss 42 : Plaintiff's response due 12/26/2023; Defendant's reply due 01/09/2024. Emailed notice
62 2023-12-28 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 Executive Committee on 12/28/2023: Mailed notice.
64 2023-12-31 Notice of Withdrawal of Motion to Dismiss by TheStickerShopCanada (TheStickerShopCanada,)
[+] 65 2023-12-31 ANSWER to Complaint, AFFIRMATIVE DEFENSES, and COUNTERCLAIM filed by TheStickerShopCanada against Roblox Corporation. by TheStickerShopCanada
66 2024-01-02 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant TheStickerShopCanada's notice of withdrawal of motion to dismiss 64. Defendant TheStickerShopCanada withdraws its previously filed motion to dismiss 42, and has now filed an answer to Plaintiff's complaint, affirmative defenses, and counterclaims 65. On that basis, the Court strikes the briefing schedule on the motion to dismiss 59 and strikes the pending motion to dismiss 42 as moot. The 01/26/2024 joint status report requirement deadline remains as to Plaintiff and Defendant TheStickerShopCanada, and if the case will be proceeding against that Defendant, the Court orders the parties to file a joint status report compliant with the Court's Standing Order on the 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.' Emailed notice
67 2024-01-19 RESPONSE by Plaintiff Roblox Corporation Answer to Defendant's Counterclaims
68 2024-01-26 STATUS Report Joint Initial Status Report by Roblox Corporation
69 2024-01-29 ATTORNEY Appearance for Defendant TianyuDesign by Travis Jacob Stockman
70 2024-01-29 STIPULATION of Dismissal Stipulation of Dismissal with Prejudice
71 2024-01-29 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff Roblox Corporation and Defendant The StickerShopCanada's joint initial status report 68. The deadline for amendments to the pleadings is 05/31/2024. The Court refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Jantz. Emailed notice
72 2024-01-29 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Beth W. Jantz for the purpose of holding proceedings related to: discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (axc) Emailed notice.
73 2024-01-30 MINUTE entry before the Honorable Beth W. Jantz: This case has been referred to Magistrate Judge Beth W. Jantz for the purpose of discovery supervision and settlement. The Court has reviewed the Parties' recent Joint Status Report 68. Initial discovery responses to issue by 2/23/24. A telephonic status hearing is set for 2/16/24 at 11:30 a.m. The Parties should be prepared to update the Court on their discovery progress and the status of settlement discussions. To join the 2/16/24 status hearing by phone, dial 888-273-3658 and enter access code 2217918. Mailed notice.
[+] 74 2024-02-01 MOTION to Dissolve Preliminary Injunction by TheStickerShopCanada and Memorandum in Support Thereof
75 2024-02-05 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant TheStickerShopCanada's Motion to Dissolve Preliminary Injunction and Memorandum in Support Thereof 74 as follows: Plaintiff's response due on or before 2/26/2024; Defendant TheStickerShopCanada's reply due on or before 03/11/2024. Emailed notice
76 2024-02-07 Notice of Withdrawal of Motion to Dissolve the Preliminary Injunction by TheStickerShopCanada (TheStickerShopCanada,)
77 2024-02-07 STIPULATION of Dismissal Stipulation of Dismissal with Prejudice
78 2024-02-08 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the stipulation of voluntary dismissal with prejudice 77, the parties stipulate and agree to the voluntary dismissal of the Complaint and the Answer, Affirmative Defenses and Counterclaim, relative to Defendant No. 211, TheStickerShopCanada, with prejudice. The motion to dissolve the preliminary injunction 74 is terminated as moot based on the stipulation, and on Defendant TheStickerShopCanada's notice of withdrawal of motion to dissolve preliminary injunction 76. Each party to bear its own attorney's fees and costs. The case continues against the remaining defendants. Mailed notice
79 2024-02-09 STATUS Report by Roblox Corporation Presented before District Judge
80 2024-02-09 MINUTE entry before the Honorable Beth W. Jantz: In light of the parties' joint status report 79 representing that "no other defendants remain in this matter and this case may be closed," the status hearing set for 2/16/24 is stricken and this referral is closed. Mailed notice (jcc,)
81 2024-02-12 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's status report 29. Plaintiff reports that "no other defendants remain in this matter and this case may be closed." Plaintiff is directed to file a motion for the return of the bond once to obtain release of the bond previously posted in this action, and to close this matter. Mailed notice
82 2024-02-22 MOTION by Plaintiff Roblox Corporation Plaintiff's Motion for Return of Bond
83 2024-02-23 ORDER: For the reasons stated in the motion, Plaintiff's motion for return of bond 82 is granted.Plaintiff represents that the preliminary injunction no longer applies to any Defendant, and has stipulated to the dismissal of remaining Defendants 70 71. The ten thousand dollar ($10,000.00) surety bond posted by Hughes Socol Piers Resnick & Dym, Ltd., including any interest minus the registry fee, is hereby released to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Michael A. Hierl of Hughes Socol Piers Resnick & Dym, Ltd., 70 West Madison Street, Suite 4000, Chicago IL 60602 via certified mail. Civil case terminated. Signed by the Honorable Franklin U. Valderrama on 2/23/2024. Emailed notice
84 2024-03-11 SATISFACTION of Judgment
85 2024-04-05 SATISFACTION of Judgment
86 2024-08-15 NOTICE of Voluntary Dismissal by Roblox Corporation Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 167
87 2024-11-08 SATISFACTION of Judgment