2022-cv-02321

COMPLAINT filed by MLB Advanced Media, L.P., Major League Baseball Properties, Inc.; Filing fee $ 402, receipt number AILNDC-19423943.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MLB Advanced Media, L.P., Major League Baseball Properties, Inc.

Notice of Claims Involving Trademarks by MLB Advanced Media, L.P., Major League Baseball Properties, Inc.

ATTORNEY Appearance for Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. by Allyson M. Martin

ATTORNEY Appearance for Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. by Rachel S Miller

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. (Text entry; no document attached.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. in support of motion for temporary restraining order, 14

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Tanya Fickenscher Leonard regarding memorandum in support of motion 15

Exhibit 1

(Exhibit 2)

DECLARATION of Lindsay Conn regarding memorandum in support of motion 15

SEALED EXHIBIT by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. Exhibit 1 - Parts 1-9 regarding declaration 18

Exhibit 1-1

Exhibit 1-2

Exhibit 1-3

Exhibit 1-4

Exhibit 1-5

Exhibit 1-6

Exhibit 1-7

Exhibit 1-8

(Exhibit 1-9)

SEALED EXHIBIT by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. Exhibit 2 regarding declaration 18

(Exhibit 2)

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. in support of motion for miscellaneous relief 21

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 22

Exhibit 1

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motions for leave to file under seal 3, for electronic service of process 21 and ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the domain names, a temporary asset restraint, and expedited discovery 15 are granted. Telephonic status hearing set for 5/19/2022 at 9:45 a.m. The call-in number is (888) 684-8852, and the access code is 1503395. Mailed notice

SEALED TEMPORARY Restraining Order signed by the Honorable Robert W. Gettleman on 5/5/2022. Mailed notice

SURETY BOND in the amount of $ 10,000 posted by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. (Document not Scanned)

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for extension of time of Temporary Restraining Order as to Certain Defendants

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MEMORANDUM by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. in support of extension of time 27

(Declaration of Allyson Martin)

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for preliminary injunction as to Certain Defendants

Exhibit 1

(Exhibit 2)

MEMORANDUM by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. in support of motion for preliminary injunction 29

Declaration of Allyson Martin

(Exhibit 1)

SUMMONS Returned Executed by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/16/2022, answer due 6/6/2022.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 5/19/2022. No defendants appeared. For the reasons stated on the record, Plaintiffs' ex parte motion to extend the Temporary Restraining Order to 6/2/2022 as to certain defendants 27 and motion for entry of a preliminary injunction as to certain defendants 29 are granted. The law firm Greer Burns & Crain Ltd. is ordered to add ALL Defendant names listed in the Schedule A, exhibit 29-1, to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. Telephonic hearing set for 6/2/2022 at 9:15 a.m. Members of the public and media may listen to these proceedings by dialing (888) 684-8852 and using the access code is 1503395. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

(Add/Terminate Party Instructions) (cn)

EXTENSION OF TEMPORARY Restraining Order as to Certain Defendants signed by the Honorable Robert W. Gettleman on 5/19/2022. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable Robert W. Gettleman on 5/19/2022. Mailed notice

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MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for preliminary injunction as to Certain Defendants

Exhibit 1

(Exhibit 2)

MEMORANDUM by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. in support of motion for preliminary injunction 35

Declaration of Allyson M. Martin

(Exhibit 1)

SUMMONS Returned Executed by Major League Baseball Properties, Inc., MLB Advanced Media, L.P. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/26/2022, answer due 6/16/2022.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Robert W. Gettleman: Telephonic hearing held on 6/2/2022. For the reasons stated on the record, motion for entry of a preliminary injunction as to certain defendants 35 is granted. Enter Order. Telephonic hearing set for 9/7/2022 at 9:15 a.m. Members of the public and media may listen to these proceedings by dialing (888) 684-8852 and using the access code is 1503395. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

PRELIMINARY INJUNCTION Order signed by the Honorable Robert W. Gettleman on 6/2/2022. Mailed notice

NEW PARTIES: Baseball suitcustom Store, porters of bags Store, Shop911586004 Store, Triathlon cycling sportswear Store, championshipring888, childrendm4 and trendofdr added to case caption. (Text entry; no document attached.)

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for entry of default as to all Defendants, MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by MLB Advanced Media, L.P., Major League Baseball Properties, Inc. in support of motion for entry of default, motion for default judgment, 40

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 41

(Exhibit 1)

MINUTE entry before the Honorable Robert W. Gettleman: Plaintiffs' motion for entry of default and default judgment 40 is granted. Enter Order. Telephonic hearing set for 9/7/2022 is stricken. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable Robert W. Gettleman on 7/1/2022. Mailed notice

NOTICE of removal of material from the custody of the Clerk's Office of surety bond [24] by Greer, Burns & Crain, Ltd.

ATTORNEY Appearance for Defendant Castle Fairy by Bryan Paul Sugar

MOTION by Defendant Castle Fairy to set aside judgment DEFAULT JUDGMENT AS TO DAMAGES PURSUANT TO FED. R. CIV. P. 60(b)(1) & 60(b)(6)

Exhibit Exhibit A

Exhibit Exhibit B

MINUTE entry before the Honorable Robert W. Gettleman: The court sets the following briefing schedule on the motion To Set Aside Default Judgment As To Damages Pursuant To Fed. R. Civ. P. 60(b)(1) & 60(b)(6) 46 : plaintiff's response due 9/20/2022; defendant's reply due 9/27/2022. The court will issue its ruling via CM/ECF. Mailed notice

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. for extension of time to file response/reply as to set motion and R&R deadlines/hearings, [47] (UNOPPOSED)

MINUTE entry before the Honorable Robert W. Gettleman: Unopposed motion to extend briefing schedule [48] is granted. The briefing schedule set on defendant Castle Fairy's motion to set aside default judgment [46] entered on 9/3/2022 [47] is modified as follows: plaintiffs' response due 10/4/2022; defendant's reply due 10/11/2022. The court will issue its ruling via CM/ECF. Mailed notice

MOTION by Plaintiffs MLB Advanced Media, L.P., Major League Baseball Properties, Inc. to stay (AGREED)

MINUTE entry before the Honorable Robert W. Gettleman: Agreed motion to stay briefing [51] of defendant's motion to set aside default judgment [46] is granted. The briefing schedule set on 9/19/2022 [49] is stayed. The parties are directed to file a Status Report on settlement on or before 10/28/2022. Mailed notice

STATUS Report by MLB Advanced Media, L.P., Major League Baseball Properties, Inc.

MINUTE entry before the Honorable Robert W. Gettleman: On review of the parties' Joint Status Report [53], if a stipulation is not filed by 11/17/2022, the parties are directed to file an updated status report on settlement by 11/18/2022. Mailed notice

STATUS Report per [54] by MLB Advanced Media, L.P., Major League Baseball Properties, Inc.

MINUTE entry before the Honorable Robert W. Gettleman: On review of the parties' Joint Status Report [55] the stay issued on 9/29/2022 [52] is continued until further order of court. The parties are directed to file a Joint Status Report regarding the settlement by 12/9/2022. Mailed notice

MOTION by Defendant Castle Fairy to withdraw motion to set aside judgment[46] Agreed Motion

MINUTE entry before the Honorable Robert W. Gettleman: Agreed Motion To Withdraw Motion To Set Aside Default Judgment As To Damages Pursuant To Fed. R. Civ. P. 60(B)(1) & 60(B)(6) [57] is granted. The stay in this case is lifted and Defendant's Motion to Set Aside Default Judgment as to Damages Pursuant to Fed. R. Civ. P. 60(b)(1) & 60(b)(6) [46] is withdrawn. Mailed notice

FULL SATISFACTION of Judgment regarding order[44] in the amount of $500,000 as to certain defendant