Standing Order Re Schedule A Counterfeit Product Cases; New Case Joint Status Report; Reassigned Case Joint Status Report; FINAL PRETRIAL ORDER IN CIVIL TRIAL CASES

=== Standing Order Re Schedule A Counterfeit Product Cases ===

Standing Order Re: “Schedule A” Counterfeit Product Cases Plaintiffs seeking to file “Schedule A” cases (i.e., cases in which a plaintiff seeks ex parte injunctive relief against defendant(s) that have allegedly infringed plaintiff’s copyright, trademark, or patent) are put on notice of the following standing orders: I. Joinder. Under Federal Rule of Civil Procedure 19, which addresses compulsory joinder of parties, a defendant must be joined if (A) in that defendant’s absence, the court cannot accord complete relief among existing parties; or (B) that party claims an interest relating to the subject of the action and is so situated that disposing of the action in that defendant’s absence may (i) as a practical matter impair or impede that defendant’s ability to protect the interest; or (ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest. See Fed. R. Civ. P. 19(1)(A)–(B). Under Rule 20(a)(2), which addresses permissive joinder of parties, defendants may be joined in a single action if two requirements are satisfied: (1) the right to relief against them is asserted “with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences,” and (2) a “question of law or fact common to all defendants” will arise in the action. Fed. R. Civ. P. 20(a)(2)(A)– (B) (emphasis added); see also Estee Lauder Cosms. Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020) (Chang, J.) (analyzing the propriety of joinder in Schedule A cases). Plaintiffs in Schedule A cases should be prepared to show why joinder of numerous and/or unconnected defendants, particularly those selling multiple different types of infringing products on multiple e-commerce websites, comports with Rule 20(a)(2). The Court will not entertain speculative allegations unsupported by statements based in fact. If a plaintiff cannot or will not be able to show that such joinder is proper, plaintiff—without needing to seek leave of court—should amend the Schedule A to reflect only defendants it can demonstrate are properly joined. II. Bond. If a plaintiff has proposed a bond or security amount, that plaintiff must include in its briefing an explanation as to why the amount is proper based on the costs and damages that may be sustained by any party found to have been wrongfully enjoined or restrained. Fed. R. Civ. P. 62(c). III. Notice to Third Parties Before Issuance of a Preliminary Injunction. Any motion for a preliminary injunction must be filed at least 14 days after service on the defendants of the complaint, Temporary Restraining Order, motion for a temporary restraining order, and other relevant and applicable documents. IV. Motion for Entry of Default Judgment. Before or in conjunction with moving for entry of default, a plaintiff in a “Schedule A” case must file an affidavit, declaration, or other document (e.g., spreadsheet, chart) describing with specificity the following for each defendant and each allegedly infringing product: 1. The allegedly infringing product that Plaintiff alleges the defendant is selling or has sold; 2. The number of units of the allegedly infringing product the defendant has sold; 3. The date the defendant’s sale of the product began and the date of the latest known sale; 4. The online marketplace(s) over which the defendant sold the product at issue; 5. The defendant’s sales volume on each online marketplace; 6. The price at which Plaintiff sells the allegedly infringing product; 7. How, if at all, the price at which Plaintiff has sold the product has changed during the time period of defendants’ sales of the allegedly infringing product; 8. The price(s) at which the defendant sells and has sold the allegedly infringing product; 9. The difference between the Plaintiff’s price of the product and the defendant’s price of the allegedly infringing product; 10. The total sales volume (in U.S. dollars) of the allegedly infringing product on each online marketplace; 11. The amount of assets in defendant’s restrained and enjoined financial account; and 12. For each of defendant’s restrained and enjoined financial accounts, the portion of assets in such account that is derived from sales of the allegedly infringing product. If a plaintiff cannot provide a response to any of the listed questions, the plaintiff must provide in written form a reason for not providing a response.

=== FINAL PRETRIAL ORDER IN CIVIL TRIAL CASES ===

FINAL PRETRIAL ORDER IN CIVIL TRIAL CASES In all civil jury trials scheduled before Judge Coleman, the parties must jointly prepare and submit a Final Pretrial Order. In each case, the Court will set the date in advance of the trial (a minimum of two weeks before trial) on which the parties must file the Final Pretrial Order. The Final Pretrial Order (including the Court’s courtesy copy) must include the following items: 1. Jurisdiction A statement of the basis for the Court’s jurisdiction. 2. Trial Attorneys A list of the attorneys trying the case, including business addresses and telephone numbers. 3. Case Statement A concise agreed statement of the case, including: the nature of the case; the claims, counterclaims and cross-claims; and the defenses raised to those claims. The Court will read this statement to the jury during voir dire. 4. Witness Lists Separate lists for plaintiff and defendant providing the names of witnesses, including expert witnesses, divided into the following three categories: (a) witnesses who will be called to testify at trial; (b) witnesses who may be called to testify at trial; and (c) witnesses whose testimony a party will present by deposition or other prior testimony, indicating whether the presentation will be by transcript or video. The Court will read these lists to the jury during voir dire. 5. Exhibit Lists A list by each side of all trial exhibits (including demonstratives, summaries or other specially prepared exhibits), which includes the following: (a) the exhibit number for each document; (b) the date of the document; (c) a brief description of the document; (d) whether there is an objection to admission of the document and, if so, a concise statement of the basis for the objections (e.g., Rule 402-relevance; Rule 403-undue prejudice or confusion); and (e) a concise statement of the asserted basis of admissibility. 6. Itemization of Damages An itemization of damages and other relief sought. 7. Motions In Limine All motions in limine must be filed with the pretrial order or on the date specified by the Court. The parties are directed to meet and confer on all motions in limine before filing them. 8. Proposed Voir Dire The parties must file a joint document that includes: (a) each party’s proposed voir dire questions; and (b) each party’s objections, if any, to the voir dire questions proposed by other parties. 9. Jury Instructions The parties are instructed to meet and attempt to agree on jury instructions. The parties must submit all agreed and proposed instructions with the Final Pretrial Order. Each proposed instruction must indicate the proponent of the instruction and whether the instruction is agreed or disputed. The bottom of each instruction must identify the legal authority supporting that instruction. If an instruction is disputed, the grounds for the objection and any proposed modification or alternate instruction must be concisely stated on the page immediately following the disputed instruction; on the next immediate page, the party proposing the instruction may state concisely the reasons supporting the instruction as proposed. 10. Trial Briefs The Court does not require trial briefs in jury trials. Any party who wishes to file a trial brief must seek leave of the Court to do so. Enter: Sharon Johnson Coleman United States District Judge