SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Second Amended Complaint
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2025/11/03
Redacted Second AMENDED complaint by FOT, LLC against John Doe
2025/11/03
NEW PARTIES: John Doe added to case caption. Terminating The Partnerships and Unincorporated Associations Identified in Schedule A
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2025/11/03
MOTION by Plaintiff FOT, LLC for leave to file Documents Under Seal
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2025/10/29
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff filed an amended complaint with fewer defendants on 10/24/2025 but failed to timely file a memorandum explaining specifically why each defendant is properly joined to all of the others. Plaintiff belatedly filed a memorandum in support of joinder [13], which does not change this analysis. After reviewing plaintiff's amended complaint, the Court determines, within its discretion, that plaintiff has failed to satisfy its burden to show that joinder of 3 defendants is proper in this matter under Fed. R. Civ. P. 20(a)(2). See Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"); H-D U.S.A. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 780486, at *2 (N.D. Ill. Mar. 1, 2021) ("The Seventh Circuit has recognized the broad discretion that district courts have in remedying misjoinder, so long as the court's decision avoids unnecessary harm to the parties."). The Court observes that plaintiff's amended complaint includes a fair amount of conclusory language about a logical relationship among all defendants but not many, if any, facts to actually support that relationship. Beyond alleging that the 3 defendants are infringing upon plaintiff's patented design, plaintiff claims only generally that joinder is proper because, inter alia, defendants "use the same pictures" and "share unique identifiers, such as common design elements, the same or similar knockoff products that they offer for sale, similar product descriptions, the same or substantially similar shopping cart platforms, accepted payment methods, and check-out methods, lack of contact information, and identically or similarly priced products and volume sale discounts." (Doc. 12 at 57). But plaintiff provides no specific examples of such shared features or similar irregularities. Moreover, "defendants with nearly identical product descriptions may in fact share no ties, with each simply copying the same description from elsewhere." Estee Lauder Cosms. Ltd., et al. v. The Partnerships, et al., No. 20-cv-00845 (N.D. Ill. June 22, 2020) (Lee, J.) (Doc. 40 at 9); see also Estee Lauder, 334 F.R.D. at 188. Within its discretion, on this record, the Court finds that plaintiff has failed to meet its burden to show that joinder is proper here. See Art Ask Agency v. Individuals, Corporations, Limited Liability Companies, Partnerships & Unincorporated Associations Identified on Schedule "A", 2021 WL 5493226, at *2 (N.D. Ill. Nov. 23, 2021) (holding similar conclusory statements do not support joinder); H-D U.S.A., 2021 WL 780486, at *3 (finding joinder improper where plaintiff failed to allege "any nonconclusory facts to form a basis for a conclusion that the defendants' conduct overlaps enough to warrant joinder"). Accordingly, the Court dismisses defendant Nos. 2-3 without prejudice. The case will proceed against defendant No. 1. If plaintiff files a new action against defendants Nos. 2-3, plaintiff shall indicate on the Civil Cover Sheet that the filed case is related to this matter. See Local Rule 40.3(b)(2). Plaintiff's motion to seal [10] is granted. Plaintiff is granted leave to file an amended complaint in accordance with this Order by 11/3/2025. Mailed notice
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2025/10/29
SEALED DOCUMENT by Plaintiff FOT, LLC Memorandum in Support of Joinder
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2025/10/24
SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Amended Complaint
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2025/10/24
Redacted AMENDED complaint by FOT, LLC against The Partnerships and Unincorporated Associations Identified in Schedule A
10
2025/10/24
MOTION by Plaintiff FOT, LLC for leave to file documents under seal
9
2025/10/20
ATTORNEY Appearance for Plaintiff FOT, LLC by Ying Chen
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2025/10/20
ATTORNEY Appearance for Plaintiff FOT, LLC by Zareefa Burki Flener
7
2025/10/20
MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for leave to file under seal [4] is granted as to the request to file certain documents under seal and denied as to the request to proceed under a pseudonym. Exceptional circumstances have not been shown to proceed anonymously. See Fed. R. Civ. P. 10(a) ("The title of the complaint must name all the parties[.]"); Doe v. Village of Deerfield, 819 F.3d 372, 377 (7th Cir. 2016) ("To proceed anonymously, a party must demonstrate 'exceptional circumstances' that outweigh both the public policy in favor of identified parties and the prejudice to the opposing party that would result from anonymity."); XYZ Corp. v. Partn. & Unincorporated Ass'ns Identified on Schedule A, 2020 WL 6681360, at *1 (N.D. Ill. Nov. 12, 2020) ("No-name litigation is the rare exception, not the Rule."). "There is insufficient evidence. that Schedule A defendants are taking advantage of the case-tracking option to such an extent that it is materially impeding brand owners' enforcement efforts." XYZ Corp. v. Partn. & Unincorporated Ass'ns Identified on Schedule A, 2022 WL 180151, at *2 (N.D. Ill. Jan. 20, 2022). Accordingly, by 10/24/2025, plaintiff shall file an amended complaint that lists plaintiff's true name. Moreover, upon review of the complaint the Court sua sponte raises the proprietary of joinder of 97 defendants in this case. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 10/24/2025, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. In the alternative, plaintiff has leave to file an amended complaint with a single defendant or a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. Mailed notice
5
2025/10/10
SEALED DOCUMENT by Plaintiff FOT, LLC Unredacted Complaint
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2025/10/10
MOTION by Plaintiff FOT, LLC for leave to file documents under seal
3
2025/10/10
ATTORNEY Appearance for Plaintiff FOT, LLC by James Edward Judge
2
2025/10/10
CIVIL Cover Sheet
1
2025/10/10
COMPLAINT filed by FOT, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-24189123.