2022-cv-03901

COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 402, receipt number AILNDC-19688729.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc.

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc.

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Isaku Begert

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph

MAILED Trademark report to Patent Trademark Office, Alexandria VA

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.)

Exhibit

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED Copyright report to Registrar, Washington DC

Exhibit

MINUTE entry before the Honorable Joan B. Gottschall: Effective May 5, 2022, Local Rule 3.2(a)'s definition of affiliates was amended as follows: "For purposes of this rule, 'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." See N.D. Ill. Gen. Order No. 22-0009 (May 5, 2022). Plaintiffs' Local Rule 3.2 notification 5 of affiliates identifies plaintiffs' parent companies, but it does not state whether any other individual or entity indirectly owns plaintiffs within the meaning of Local Rule 3.2. No substantive action can be taken in this case until all notifications of affiliates required by Local Rule 3.2 have been filed. Plaintiffs' amended notification of affiliates is due on or before 8/12/2022. Mailed notice

AMENDED notification of affiliates pursuant to local rule 3.2[5]

ORDER: An initial status report and, if appropriate, case management plan is due on or before October 12, 2022. In conformity with General Order 21-0027 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing and for requirements for status reports and discovery plans during the COVID-19 pandemic. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 8/11/2022. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order[18]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Chris Harrs regarding memorandum in support of motion[19]

Exhibit 1

Exhibit 2

Exhibit 3

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1-6 regarding declaration[21]

CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master, Inc. re [18]

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs have filed a motion [18] for entry of a temporary restraining order. Plaintiffs' motion is ex parte as to the defendants, but plaintiffs intend to give notice of the motion to the non-party providers of services ("third-party providers") named in the proposed temporary restraining order. ECF No. 19 at 1 n.1. Third-party providers have until and including August 18, 2022, to object to plaintiffs' request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). Third-party providers may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending an email message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before August 18, 2022. Along with their motion papers and proposed form of temporary restraining order, plaintiffs are ordered to serve third-party providers with a copy of this order and file a certificate of service by noon on August 15, 2022. Mailed notice

CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master, Inc. re 24

MOTION by Attorney Isaku M. Begert to withdraw as attorney for Spin Master Ltd., Spin Master, Inc. No party information provided

MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing or response by the deadline 24, plaintiffs' motions for leave to file under seal 3 and for entry of a sealed temporary restraining order 18 are granted. Enter sealed temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for 9/7/2022 at 10:30 a.m. Due to the COVID-19 pandemic and in accordance with the guidance of General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested on or before Thursday, 9/1/2022. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiffs may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 4 to the Declaration of Chris Harrs and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Joan B. Gottschall on 8/24/2022.Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Isaku M. Begert's motion 26 for leave to withdraw his appearance for plaintiffs is granted. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time[30]

Declaration of Justin T. Joseph

SURETY BOND in the amount of $ 10,000.00 posted by Spin Master Ltd., Spin Master, Inc. (Received for docketing 9/7/2022)

MINUTE entry before the Honorable Joan B. Gottschall: The deadline to request a hearing has come and gone (see 27), and no request for a hearing has been received. Plaintiffs' motion 30 to extend the sealed temporary restraining order 28 is granted. Enter order. The preliminary injunction hearing tentatively set for 9/7/2022 is stricken and reset to 9/21/2022 at 10:30 a.m. Due to the ongoing COVID-19 pandemic and in accordance with General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiffs may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 4 to the Declaration of Chris Harrs and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice

EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 9/2/2022. Mailed notice

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs have filed a notice of voluntary dismissal [35] of their claims against two defendants without prejudice and with leave to reinstate within 270 days. The notice of dismissal is ineffective under Seventh Circuit case law holding that the proper way to drop fewer than all claims or defendants is to amend the complaint. Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001) (other citation omitted)). Additionally, a dismissal without prejudice must convert to a dismissal with prejudice on a date certain to comply with Seventh Circuit case law. See Blue Cross & Blue Shield Ass'n v. Am. Express Co., 467 F.3d 634 (7th Cir. 2006); Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006). If plaintiffs wish to drop these defendants, plaintiffs may file an amended complaint and amended schedule A to the complaint on or before 9/19/2022. Alternatively, if plaintiffs would like a judgment order dismissing these defendants immediately without prejudice, converting to a dismissal with prejudice on a specific date, plaintiffs must file a motion for entry of a separate judgment against these defendants and show that there is no just reason for delay in accordance with Fed. R. Civ. P. 54(b). See also Fed. R. Civ. P. 41(a)(2). Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Leave to Amend Schedule A to the Complaint Instanter

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Amended Schedule A regarding exhibit[2]

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion [37] for leave to file an amended schedule A to the complaint instanter is granted. Plaintiffs' amended schedule A [38] to the complaint is deemed filed with leave of court. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Schedule A

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction 42

(Declaration of Justin T. Joseph)

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief 44

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 45

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion [40] for leave to file a second amended schedule A to the complaint instanter is granted. Plaintiffs' second amended schedule A [41] to the complaint is deemed filed with leave of court. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline [32], the preliminary injunction hearing set for 9/21/2022 is stricken. Plaintiffs' motion for preliminary injunction [42] and motion for electronic service of process [44] are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal schedule A to the complaint [2], amended schedule A [38], Exhibit 4 to the Declaration of Chris Harrs [22], and the temporary restraining order [28]. The law firm of Greer, Burns & Crain, Ltd., is hereby ordered to add ALL defendant names listed in the second amended Schedule A [41] to the docket within three business days. Instructions can be found on the Court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 11/18/2022. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 9/20/2022. Mailed notice

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

SUMMONS Returned Executed by Spin Master, Inc., Spin Master Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/21/2022, answer due 10/12/2022.

Declaration of Justin T. Joseph

Exhibit A

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for limited admission Instanter, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Leave to Amend Schedule A to the Complaint as to a certain defendant

AMENDED exhibit 2 Schedule A

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion 51 for leave to file an amended schedule of defendants is granted. Plaintiffs' amended schedule A 52 to the complaint is deemed filed with leave of court. The clerk is directed to terminate defendant No. 96, "ChusD." Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Amended Schedule A

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion 54 for leave to file an amended schedule of defendants is granted. Plaintiffs' amended schedule A 55 to the complaint is deemed filed with leave of court. The clerk is directed to terminate defendant No. 88, "Channel V." Mailed notice

STATUS Report pursuant to [17] by Spin Master Ltd., Spin Master, Inc.

Exhibit A

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs report [57] that they anticipate moving for entry of default judgment before the next status report deadline of 11/18/2022. The deadline of 11/18/2022 to file an initial status report is stricken. If plaintiffs have not filed a motion for entry of default judgment by 12/2/2022, a status report is due on that date. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Leave to Amend Schedule A to the Complaint as to certain defendants

AMENDED exhibit[2] Schedule A

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion 59 for leave to file an amended schedule of defendants is granted. Plaintiffs' amended schedule A 60 to the complaint is deemed filed with leave of court. The clerk is directed to terminate defendant No. 86, "Chairlish," and defendant No. 102, "Dance Pig." Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc.for Leave to Amend Schedule A to the Complaint as to certain defendants

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion [62] for leave to file an amended schedule of defendants is granted. Plaintiffs' amended schedule A [63] to the complaint is deemed filed with leave of court. The clerk is directed to terminate defendant No. 64, "AKBYOYIOHMMSG;" defendant No. 106, "DOKKIA;" defendant No. 109, "FANTASY PARTY;" defendant No. 128, "hangqiaoyoupin;" and defendant No. 152, "jiuyin16." Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment[65]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[66]

Exhibit 1

MINUTE entry before the Honorable Joan B. Gottschall: Any response to plaintiffs' motion 65 for entry of default and for entry of default judgment is due on or before November 10, 2022. The court will rule on the papers unless a hearing is requested on or before November 10, 2022. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiffs are ordered to serve defendants and any affected third-party providers with a copy of this order and file a certificate of service on or before October 31, 2022. Mailed notice

CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master, Inc. regarding set motion and R&R deadlines/hearings, 68

(Exhibit A)

ATTORNEY Appearance for Defendant Amor Present by Adam Edward Urbanczyk

MOTION by Defendant Amor Present for extension of time

MINUTE entry before the Honorable Joan B. Gottschall: Defendant "Amor Present" is advised that the court cannot take action on its motion [71] for an extension of its deadline to answer or otherwise respond to the complaint until the notification of affiliates required by Local Rule 3.2 has been filed. Because a response or request for hearing on plaintiffs' pending motion for entry of an order of default and default judgment is due by Thursday, November 10, 2022, defendant Amor Present's notification of affiliates is due by noon on Wednesday, November 9, 2022. Any response to the instant motion [71] is also due by noon on November 9, 2022. Mailed notice

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amor Present

MINUTE entry before the Honorable Joan B. Gottschall: No response having been filed by the deadline [72], defendant Amor Present's motion [71] for an extension to and including 11/28/2022 of its deadline to answer or otherwise respond to the complaint is granted. The deadline [68] to request a hearing on or file a response to plaintiffs' motion for entry of an order of default and default judgment has come and gone, and only defendant Amor Present has appeared. Accordingly, plaintiffs' motion [65] for entry of an order of default is granted as to all defendants except appearing defendant Amor Present. Accordingly, default under Fed. R. Civ. P. 55(a) is entered against all defendants except appearing defendant Amor Present. Plaintiffs' motion for entry of a default judgment against all defendants is denied without prejudice because "[i]n a suit against multiple defendants a default judgment should not be entered against one until the matter has been resolved as to all." VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811 F.3d 247, 256 n.6 (7th Cir. 2016). Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff and appearing defendant Amor Present are ordered to file a status report on or before 12/7/2022. Mailed notice

STATUS Report pursuant to [75] (Joint) by Spin Master Ltd., Spin Master, Inc.

Exhibit A

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs and appearing defendant report [76] that they have reached a settlement and that plaintiffs intend to file a motion for leave to amend the complaint and drop the appearing defendant once the settlement has been consummated. Along with any motion for leave to amend the complaint to drop the appearing defendant, plaintiffs must also send an amended proposed form of default judgment in Word and PDF formats to Proposed_Order_Gottschall@ind.uscourts.gov. The next status report is due on or before 1/10/2023. Mailed notice

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' unopposed motion [78] for leave to file an amended schedule A to the complaint [79] instanter is granted. Plaintiffs have dropped their claims against appearing defendant Amor Present and non-appearing defendant hefeininmanshangmaoyouxiangongsi. None of the remaining defendants has appeared. Accordingly, plaintiffs' motion for entry of default and default judgment [65] against all remaining defendants is granted. Enter default judgment. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 12/15/2022. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.

NOTICE of withdrawal of bond 34 by John Summerfield

FULL SATISFACTION of Judgment regarding order[81] in the amount of $500,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[81] in the amount of $500,000 as to certain defendant