Osprey LLC v. Partnerships and Unincorporated Associations Identified on Schedule A

最近更新时间:2025-07-22
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案件信息

案件号:ilnd-1:2025-cv-00495

状态:open

提交时间:2025-02-19 00:00:00

诉讼类型:

律所:

原告:Osprey LLC v. Partnerships and Unincorporated Associations Identified on Schedule A

# 日期 案件进程
15 2025-02-19 MINUTE entry before the Honorable John Robert Blakey: The Court previously dismissed Plaintiff's complaint for improper joinder, see 10. At that time, the Court also observed that Plaintiff failed to allege facts to support the existence of personal jurisdiction as to each of the named Defendants, but granted Plaintiff leave to amend if it could cure the noted deficiencies; the Court indicated that, if Plaintiff failed to amend by 2/12/25, the Court would dismiss the case, id. To date, Plaintiff has failed to amend. Accordingly, consistent with its prior order 10, the Court hereby dismisses this case. Civil case terminated. Mailed notice.
14 2025-01-28 MINUTE entry before the Honorable John Robert Blakey: Plaintiff seeks to sue 39 separate defendants in this single suit alleging trademark and copyright infringement, see [1], [2]. Joinder of multiple defendants in a single infringement action remains appropriate only if the claims against the defendants are asserted "with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences," and a common question of law or fact exists as to all defendants. Fed. R. Civ. P. 20(a)(2)(A)-(B). The complaint is largely silent as to joinder; Plaintiff alleges only that "upon information and belief, Defendants are an interrelated group of counterfeiters working in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Counterfeit Products." See [1] 4. The allegation remains conclusory and insufficient to support joinder. As a result, the Court dismisses Plaintiff's complaint [1] without prejudice. The Court grants Plaintiff's motion to seal [7]. To the extent Plaintiff can, consistent with its obligations under Rule 11, amend its complaint to allege facts to support the joinder of 39 defendants in this single action, it may do so by 2/12/25. If Plaintiff fails to comply, the Court will dismiss this case. If Plaintiff elects to amend its complaint, it should also bolster its allegations relating to personal jurisdiction as to each Defendant. See, e.g., Am. Bridal & Prom Indus. Ass'n, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 192 F. Supp. 3d 924, 93435 (N.D. Ill. 2016) (simply alleging the existence of purported counterfeiting via an interactive website is not enough, by itself, to confer personal jurisdiction); Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."); Rubik's Brand, Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 20-CV-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) (screenshot evidence showing that an order could be placed by an Illinoisan, "amounts to nothing more than maintaining an interactive website that is accessible in Illinois," and "that alone cannot confer personal jurisdiction."). Mailed notice.
13 2025-01-27 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.
12 2025-01-27 CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2).
11 2025-01-27 MAILED trademark report to Patent Trademark Office, Alexandria VA.
10 2025-01-27 MAILED to plaintiff(s) counsel Lanham Mediation Program materials.
9 2025-01-24 COMPLAINT filed by Osprey LLC; Filing fee $ 405, receipt number AILNDC-22999027.
8 2025-01-24 Exhibit Exhibit 1
7 2025-01-24 Exhibit Exhibit 2
6 2025-01-24 SEALED DOCUMENT by Plaintiff Osprey LLC Schedule A to Complaint
5 2025-01-24 CIVIL Cover Sheet
4 2025-01-24 USPTO Cover Sheet by Osprey LLC
3 2025-01-24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Osprey LLC
2 2025-01-24 ATTORNEY Appearance for Plaintiff Osprey LLC by David Lee Gulbransen, Jr
1 2025-01-24 MOTION by Plaintiff Osprey LLC to seal document sealed document[2]
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