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1
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2023-03-29 |
COMPLAINT filed by BMTH Music Limited; Filing fee $ 402, receipt number AILNDC-20487982. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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2
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2023-03-29 |
SEALED EXHIBIT by Plaintiff BMTH Music Limited Schedule A regarding complaint[1] |
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3
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2023-03-29 |
MOTION by Plaintiff BMTH Music Limited for Leave to File Certain Documents Under Seal |
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4
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2023-03-29 |
CIVIL Cover Sheet |
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5
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2023-03-29 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BMTH Music Limited |
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6
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2023-03-29 |
Notice of Claims Involving Trademarks by BMTH Music Limited |
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7
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2023-03-29 |
ATTORNEY Appearance for Plaintiff BMTH Music Limited by Martin Francis Trainor |
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8
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2023-03-29 |
ATTORNEY Appearance for Plaintiff BMTH Music Limited by Sydney Paige Fenton |
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CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. |
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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. |
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9
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2023-04-03 |
MOTION by Plaintiff BMTH Music Limited for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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10
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2023-04-03 |
MEMORANDUM by BMTH Music Limited in support of motion for miscellaneous relief[9] |
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Declaration of Martin F. Trainor |
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Exhibit 1 |
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11
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2023-04-03 |
DECLARATION of Paul Varley regarding memorandum in support of motion[10] |
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Exhibit 1 |
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12
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2023-04-03 |
SEALED EXHIBIT by Plaintiff BMTH Music Limited Exhibit 2 Part 1-6 regarding declaration[11] |
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13
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2023-04-03 |
MOTION by Plaintiff BMTH Music Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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14
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2023-04-03 |
MEMORANDUM by BMTH Music Limited in support of motion for miscellaneous relief[13] |
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Declaration of Martin F. Trainor |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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15
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2023-04-10 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [9], and motion for electronic service of process [13] are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2 and 12]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice. |
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SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified On Schedule A |
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17
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2023-04-18 |
SURETY BOND in the amount of $ 10,000 posted by BMTH Music Limited. (Document not scanned). |
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18
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2023-04-19 |
MOTION by Plaintiff BMTH Music Limited to Extend the Temporary Restraining Order |
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19
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2023-04-19 |
MEMORANDUM by BMTH Music Limited in support of motion for miscellaneous relief[18] |
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Declaration of Martin F. Trainor |
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20
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2023-04-19 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to extend the TRO by 14 days [18] is granted. The TRO is extended to and including May 8, 2023. Mailed notice. |
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21
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2023-04-27 |
NOTICE of Voluntary Dismissal by BMTH Music Limited as to a certain Defendant |
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22
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2023-05-03 |
NOTICE of Voluntary Dismissal by BMTH Music Limited as to a certain Defendant |
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23
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2023-05-03 |
SUMMONS Returned Executed by BMTH Music Limited as to The Partnerships and Unincorporated Associations Identified On Schedule A on 5/3/2023, answer due 5/24/2023. |
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Declaration of Sydney Fenton |
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Exhibit A |
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24
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2023-05-03 |
MOTION by Plaintiff BMTH Music Limited for preliminary injunction |
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Exhibit A |
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25
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2023-05-03 |
MEMORANDUM by BMTH Music Limited in support of motion for preliminary injunction[24] |
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Declaration of Martin F. Trainor |
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Exhibit 1 |
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26
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2023-05-04 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [24] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by May 11, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice. |
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27
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2023-05-05 |
NOTICE of Voluntary Dismissal by BMTH Music Limited as to a certain Defendant |
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28
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2023-05-05 |
CERTIFICATE of Service by Martin Francis Trainor on behalf of BMTH Music Limited |
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Exhibit A |
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29
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2023-05-05 |
NOTICE of Voluntary Dismissal by BMTH Music Limited as to a certain Defendant |
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30
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2023-05-11 |
NOTICE of Voluntary Dismissal by BMTH Music Limited as to a certain Defendant |
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31
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2023-05-16 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction [24] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [28] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. The Clerk shall unseal any documents that are sealed. The Law Firm of TME Law P.C., is ordered to add ALL defendant names listed in the Schedule A to the docket within five business days, instructions can be found on the Court's website at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice. |
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32
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2023-05-16 |
PRELIMINARY INJUNCTION ORDER Signed by the Honorable Lindsay C. Jenkins on 5/16/2023. Mailed notice. |
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NEW PARTIES: 100% cotton T-shirt 38 Store, Chevy Store, droppingcustomized Store, Fun Hub Store, GGGK Store, gkul Store, long ji store, Lonvin Store, NeighborTee Store, Peninsula Box Store, shop 9900024 Store, Shop1100009076 Store, Shop1100010010 Store, Shop1100013032 Store, Shop1100170235 Store, Shop1100219228 Store, Shop1102096002 Store, Shop1102152491 Store, Shop1102174802 Store, Shop1102191338 Store, Shop1102196198 Store, Shop1102214716 Store, Shop1102339817 Store, Shop1102352110 Store, Shop1102375713 Store, Shop1102423594 Store, Shop5477028 Store, Shop910756003 Store, Shop910863009 Store, Shop911043043 Store, Shop911046144 Store and Shop911048118 Store added to case caption. Terminating The Partnerships and Unincorporated Associations Identified On Schedule A |
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NEW PARTIES: Stylitectly store, SXDRT Store, t-shirt01 store, Vintage 90s Tshirt Store, WARM*HAT Store, Xinrui2023 Store, YB sanTee Store, zdta Store, ABCgreat821 Store, dongfanghuijixinshangmaoyouxiangongsi520, Homelabstore, lijing-shop, LinYin Shop, liuguibingksdk, meizhoudaoqinfeng, MRS A PIKE, ngocquyen12, pengjingganghsgeb, quoc huy SHOP, RODRIGUEZTEE, TheConcertPoster, VIOLEIT LIEGHT, wangyuanlkjsduie, xielipingksdkjk, zhanhonghaojiafangyyds, ZLEEZ, zongbo, jranabe_53, 2wusjac-83, aliceviv-98, blaesghriorsi91, classicclobber, courtney-7441, dischum_6628, gary_kevin_gould_2029, BalthiersBazaar, BAShopVN, BattleUnicornStudio, DKShopVN, JenniisPrints, PleaseBePrints, ThatOtherStyle, carnuoc, Emprints.top1, giftforu.store, GiftMyDad.com and Graviss added to case caption. |
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NEW PARTIES: Shirtgenics, EyedRaven, Greeir175, Gretchenwrightc, hellen1, JozefMalce, lurtianice, menarlakri45, SHOPGGG4, bizhihua, buiguanqun123, Catshop.vicky, danqiufengzai, DerrickRobindXw, Dominick Arroyo, Fairyde Skirts, fengjinliang9691, George Wagner, Hearsmistfemar, houlinfer, huiminghuili, ilovewehome, Jeanette Garner, jiakuan0202, jianghuajiang2584, John Howard, Jose Chang, Klineseacths, konglinghua163, LANG XIAN, linxiaozhi, liubaihang65800, liupenglong71665, luang83040, Margaretsq, mariajosevesn, Natalie Cook, Nathan Fernandes, Nerly Zanbola tomenlaty seruoway, qiaocaijia0, Ruth Hunter, Shari Caplan, shngadyue, wangqianqian01, wangsijie44399, wulihua12353, wumengru7793, Yiyingbaby Inner, yuanruixue, yuxiaofei fashion, zhongjianhui, zuoluanjiao and KlovaPhotos added to case caption. |
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33
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2023-06-15 |
NOTICE of Voluntary Dismissal by BMTH Music Limited as to a certain Defendant |
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34
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2023-06-29 |
MOTION by Plaintiff BMTH Music Limited for entry of default, MOTION by Plaintiff BMTH Music Limited for default judgment as to all Defendants |
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Exhibit A |
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35
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2023-06-29 |
MEMORANDUM by BMTH Music Limited in support of motion for entry of default, motion for default judgment[34] |
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Exhibit 1 |
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36
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2023-06-29 |
DECLARATION of Martin F. Trainor regarding memorandum in support of motion[35] |
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Exhibit 1 |
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37
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2023-06-29 |
MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [34] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before July 7, 2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice. |
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38
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2023-06-29 |
CERTIFICATE of Service by Sydney Paige Fenton on behalf of BMTH Music Limited |
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Exhibit A |
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39
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2023-07-11 |
MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion 34 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's marks irreparably harms Plaintiff and confuses the public. This infringement was willful and statutory damages are awarded. After considering the nature of the products, the price point, the absence of any concrete evidence of lost profits or high-volume infringement by Defendants, the value of Plaintiff's brand, and the need to deter infringement that is easily committed and difficult to stop, the court concludes that $75,000 is an appropriate award of statutory damages. Enter Final Judgment Order. Civil case closed. Mailed notice. |
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40
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2023-07-11 |
ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 7/11/2023. Mailed notice. |
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41
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2024-04-23 |
MEMORANDUM by the Illinois Department of Corrections regarding Terrence Williams (received via pro se email 4/23/2024). |
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42
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2024-04-24 |
NOTICE of Correction regarding memorandum[41]. |
