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2025-cv-13842

FOT, LLC v. The Partnerships and Unincorporated Associations Identified in Schedule A

法院：伊利诺伊州北法院
发案日期：2025-11-11
原告：Fairly Odd Treasures, LLC
代理律所：Flener
诉讼类型：专利
# Date Description
[+] 1 2025-11-11 COMPLAINT filed by FOT, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-24331736.
2 2025-11-11 CIVIL Cover Sheet
3 2025-11-11 ATTORNEY Appearance for Plaintiff FOT, LLC by James Edward Judge
[+] 4 2025-11-11 MOTION by Plaintiff FOT, LLC for leave to file documents under seal
5 2025-11-11 SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Complaint
6 2025-11-12 EMAILED Copyright report to Registrar, Washington DC
7 2025-11-14 ATTORNEY Appearance for Plaintiff FOT, LLC by Ying Chen
8 2025-11-14 MINUTE entry before the Honorable April M. Perry: Plaintiff's Motion to Seal [4] is granted in part. Plaintiff's identity shall not be sealed. The Seventh Circuit heavily disfavors anonymous, pseudonymous, or "no-name" litigation and requires plaintiffs to demonstrate "exceptional circumstances" that justify a refusal to self-identify. Doe v. Village of Deerfield, 819 F.3d 372, 37677 (7th Cir. 2016). "[B]rand owners who seek relief against alleged counterfeiters may be frustrated by the stringent requirements for pseudonymous litigation. But in the absence of a change in binding Seventh Circuit caselaw, changes to the Federal Rules of Civil Procedure, or the creation of an alternative legislative remedy, the current legal framework does not permit pseudonymity without a demonstration of circumstances more exceptional than those presented" in a typical Schedule A online counterfeiting case. XYZ Corp. v. Partnerships and Unincorporated Associations Identified on Sched. A, No. 21- CV-06471, 2022 WL 180151 (N.D. Ill. Jan. 20, 2022); see also XYZ Corporation v. Partnership and Unincorporated Associations Identified on Schedule "A", 2020 WL 6681360 (N.D. Ill., 2020) (noting that in a case with an anonymous plaintiff suing sealed Schedule A defendants "[t]he public has no earthly idea who is suing whom," and striking the complaint because the plaintiff attempted to proceed anonymously without "request[ing] leave of Court, let alone establish[ing] that 'exceptional circumstances' justify shielding its identity."). The complaint identifies circumstances that are common to all "Schedule A" cases, meaning that the circumstances are, by definition, not exceptional. Accordingly, Plaintiff is directed to file an amended, non-anonymous complaint and to change the pseudonym used on the case caption on CM/ECF to the plaintiff's true identity by 11/21/2025. The Court also sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 92 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff is reminded that "[c]ourts in this district generally agree that alleging that multiple defendants have infringed on the same copyright in the same way does not create the substantial evidentiary overlap required to find a similar transaction or occurrence." See Roadget Bus. Pte. Ltd. v. Individuals, Corps, Ltd. Liab. Companies, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23-cv-17036, 2024 WL 1858592, at *6 (N.D. Ill. Apr. 29, 2024) (collecting cases). Plaintiff should also reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in such cases. By 11/28/2025, Plaintiff must file a supplemental memorandum addressing the propriety of joining each defendant to every other defendant in light of the above cases. In the alternative, Plaintiff has leave to file an amended complaint by 11/28/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Plaintiff is also directed to the Court's standing order on its website directing the filing of the Court's Schedule A Template within 14 days. Finally, to the extent Plaintiff intends to file a request for service via electronic means, that motion must be filed by 12/1/2025. Mailed notice. (jcc,)
[+] 9 2025-11-21 Unredacted AMENDED complaint by FOT, LLC against Xiamen Joinste Arts & Crafts Co., Ltd and terminating The Partnerships and Unincorporated Associations Identified in Schedule A
10 2025-11-26 ATTORNEY Appearance for Plaintiff FOT, LLC by Ying Chen
11 2025-11-26 ATTORNEY Appearance for Plaintiff FOT, LLC by Zareefa Burki Flener
12 2025-12-01 MOTION by Plaintiff FOT, LLC for Expedited Discovery
13 2025-12-01 MOTION by Plaintiff FOT, LLC for Electronic Service
[+] 14 2025-12-01 MEMORANDUM by FOT, LLC in support of motion for miscellaneous relief[13]
15 2025-12-01 NOTICE of Motion by James Edward Judge for presentment of motion for miscellaneous relief[13], motion for miscellaneous relief[12] before Honorable April M. Perry on 12/4/2025 at 10:00 AM.
16 2025-12-02 MINUTE entry before the Honorable April M. Perry: Plaintiff's motions for expedited discovery [12] and electronic service [13] are taken under advisement, pending Plaintiff's submission of a proposed order to Proposed_Order_Perry@ilnd.uscourts.gov. The Court strikes the motion presentment date of 12/4/2025. The Court also will not grant any motions until Plaintiff has complied with the Court's standing order to submit the required Schedule A Template, which was due on 11/28/2025 per minute order [8]. Mailed notice. (jcc,)
17 2025-12-04 NOTICE of Voluntary Dismissal by FOT, LLC as to Defendant Xiamen Joinste Arts & Crafts Co., Ltd.
18 2025-12-04 MINUTE entry before the Honorable April M. Perry: Notice of Voluntary Dismissal [17] is acknowledged. Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, this case is dismissed without prejudice. Any or all previously set deadlines/hearings to be struck. Civil case terminated. Mailed notice. (jcc,)