2022-cv-04973

COMPLAINT filed by Zinkia Entertainment ; Filing fee $ 402, receipt number AILNDC-19837626.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED DOCUMENT by Plaintiff Zinkia Entertainment Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Zinkia Entertainment by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Zinkia Entertainment by Yanling Jiang

ATTORNEY Appearance for Plaintiff Zinkia Entertainment by Yi Bu

ATTORNEY Appearance for Plaintiff Zinkia Entertainment by Adam Grodman

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.)

MOTION by Plaintiff Zinkia Entertainment for leave to file under seal

MOTION by Plaintiff Zinkia Entertainment for leave to file excess pages

MEMORANDUM In support of [10] Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Alberto Delgado Gavela

Exhibit 1, of Alberto Delgado Gavela's declaration

Exhibit 2, of Alberto Delgado Gavela's declaration

SEALED EXHIBIT by Plaintiff Zinkia Entertainment Sealed Exhibit 3, Declaration of Alberto Delgado Gavela regarding memorandum in support of motion, [11]

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Zinkia Entertainment

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file excess pages 9 is granted. For the reasons set forth in the motion 10, supporting memorandum 11, and the temporary restraining order, plaintiff's ex parte motion for electronic service of process, for a temporary restraining order, and expedited discovery 10 is granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, 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. For the same reason, plaintiff's motion for leave to file under seal 8 is also granted. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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 genuinely intends to pursue an accounting, but at this preliminary stage, 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. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 9/22/2022:

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

SURETY BOND in the amount of $ 10,000 posted by Zinkia Entertainment. (Document not Scanned)

MOTION by Plaintiff Zinkia Entertainment for preliminary injunction

MEMORANDUM by Zinkia Entertainment in support of motion for preliminary injunction[19]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

SUMMONS Returned Executed by Zinkia Entertainment as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/29/2022, answer due 10/20/2022.

Declaration of Service

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 19 under advisement and will consider the motion unopposed if no defendant appears and objects by 10/11/2022. Plaintiff shall serve defendants with this notice. For the reasons stated in the Court's order entering TRO 17, the TRO is extended to and including the date on which 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.

MOTION by Plaintiff Zinkia Entertainment for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Zinkia Entertainment in support of motion for default judgment[23]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction [22]. A preliminary injunction is appropriate for the same reasons a TRO was granted, and is unopposed. Plaintiff's motion for preliminary injunction [19] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Instructions on how to do so may be located on the Court's website at www.ilnd.uscourts.gov.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 10/21/2022:

ORDER: The Clerk is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 10/21/2022. Mailed notice

ATTORNEY Appearance for Defendants huyssrun, YZHTSJ by Adam Edward Urbanczyk

MOTION by Defendants YZHTSJ, huyssrun for extension of time UNOPPOSED

NOTICE of Voluntary Dismissal by All Plaintiffs

NEW PARTIES: XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, xiantaoshinigaokejiyouxiangongsi, Xingqing, xuhua, yishu, Younghome and Zardwill added to case caption. (Text entry; no document attached.)

MINUTE entry before the Honorable Martha M. Pacold: 1. As to defendants Huyssrun and YZHTSJ: Defendants Huyssrun and YZHTSJ's unopposed motion for extension of time to answer Plaintiff's complaint [29] is granted. Defendants' answer is due 11/21/2022. As to Defendants Huyssrun and YZHTSJ, Plaintiff's motion for default judgment [23] is denied. 2. As to all other defendants: Any defendant objecting to Plaintiff's motion for default judgment [23] must enter an appearance and file a written objection by 11/4/2022. If no objections are filed, the Court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

MOTION by Defendants Ding, HPQ, Shenzhen Linglangxi Network Technology Co., Ltd., shenzhenshishangpinyuandianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi for extension of time to file answer

ATTORNEY Appearance for Defendants Ding, HPQ, Shenzhen Linglangxi Network Technology Co., Ltd., shenzhenshishangpinyuandianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi by Lydia Pittaway

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for an extension of time to file an answer [32] is granted. Defendants Ding, HPQ, Shenzhen Linglangxi Network Technology Co., Ltd., shenzhenshishangpinyuandianzishangwuyouxiangongsi, sigeshangmao, and tianjinhefengwangluokejiyouxiangongsi shall file an answer by 11/21/2022.

NOTICE of Voluntary Dismissal by All Plaintiffs

First Amended Schedule A by Zinkia Entertainment

NOTICE of Voluntary Dismissal by All Plaintiffs

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of default and default judgment [23] is taken under advisement. By 12/8/2022, Plaintiff is directed to file a supplemental brief of no more than 10 pages addressing whether default judgment against some but not all defendants is appropriate under Federal Rule of Civil Procedure 54(b) and the principles articulated in Frow v. De La Vega, 82 U.S. 552 (1872). See Arwa Chiropractic, P.C. v. Med-Care Diabetic and Medical Supplies, Inc., 961 F.3d 942, 950-52 (7th Cir. 2020); VLM Food Trading Int'l, Inc. v. Illinois Trading Co., 811 F.3d 247, 256 n.6 (7th Cir. 2016); Marshall & Ilsley Trust Co. v. Pate, 819 F.2d 806, 811-12 (7th Cir. 1987); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257-58 (7th Cir. 1980); Krakow Bus. Park v. Locke Lord, LLP, 135 F. Supp. 3d 770, 783 (N.D. Ill. 2015), aff'd sub nom. Domanus v. Locke Lord LLP, 847 F.3d 469 (7th Cir. 2017). Any other party who wishes to file a brief on this point is free to do so by the same deadline. Plaintiff is directed to serve this order on Defendants and file a certificate of service on the docket.

CERTIFICATE of Service by Plaintiff Zinkia Entertainment regarding order on motion for default judgment, text entry, [38]

MOTION by Defendants YZHTSJ, huyssrun for extension of time UNOPPOSED

MOTION by Defendants Ding, HPQ, Shenzhen Linglangxi Network Technology Co., Ltd., shenzhenshishangpinyuandianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi for extension of time to file answer (Unopposed)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motions for extension of time to file an answer [40], [41] are granted. Defendants YZHTSJ, huyssrun, Ding, HPQ, Shenzhen Linglangxi Network Technology Co., Ltd., shenzhenshishangpinyuandianzishangwuyouxiangongsi, sigeshangmao, and tianjinhefengwangluokejiyouxiangongsi shall file an answer by 12/12/2022.

ATTORNEY Appearance for Defendants ChengDuXinChenRongHuiMaoYiYouXianGongSi, DGMTY, Fuyu, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu by Lydia Pittaway

MOTION by Defendants DGMTY, Fuyu, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu for extension of time (Unopposed)

MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion for an extension of time to file an answer [44] is granted. Defendants DGMTY, Fuyu, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, and yishu should file an answer by 1/4/2023.

MOTION by Plaintiff Zinkia Entertainment to withdraw motion for default judgment[23]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion to withdraw its motion for entry of default and default judgment [46] is granted. Plaintiff's motion for entry of default and default judgment [23] is withdrawn.

MOTION by Defendants YZHTSJ, huyssrun for extension of time UNOPPOSED

MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for an extension of time [48] is granted. YZHTSJ and huyssrun shall file an answer by 1/2/2023.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

MOTION by Defendants YZHTSJ, huyssrun for extension of time

MINUTE entry before the Honorable Martha M. Pacold: Defendants' fourth motion for extension of time [51] is granted. YZHTSJ and huyssrun shall file an answer by 1/24/2023.

ANSWER to Complaint with Jury Demand by DGMTY, Ding, Fuyu, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Linglangxi Network Technology Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshishangpinyuandianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff and all answering defendants should confer and file by 1/31/2023 a joint status report proposing next steps in the case.

Motion by Zinkia Entertainment Motion to Require Compliance with Local Rule 83.15

Exhibit 1

RESPONSE by Defendants DGMTY, Ding, Fuyu, HPQ, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Linglangxi Network Technology Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshishangpinyuandianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu to other[55]

MOTION by Plaintiff Zinkia Entertainment for summary judgment, A Statutory Damages Award, And A Permanent Injunction

MEMORANDUM by Zinkia Entertainment in support of motion for summary judgment[57], A Statutory Damages Award, And A Permanent Injunction

RULE 56 RULE 56.1(a) Statement by Zinkia Entertainment regarding motion for summary judgment[57]

Exhibit 1

Exhibit 2

Exhibit 3

ATTORNEY Appearance for Defendants ChengDuXinChenRongHuiMaoYiYouXianGongSi, DGMTY, Fuyu, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu by Michael Thomas Stanley

ATTORNEY Appearance for Defendants Ding, Shenzhen Linglangxi Network Technology Co., Ltd., shenzhenshishangpinyuandianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi by Michael Thomas Stanley

Notice of Compliance by DGMTY, Fuyu, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu

MINUTE entry before the Honorable Martha M. Pacold: Certain defendants filed a notice of compliance [62] in response to plaintiff's motion for compliance with L.R. 83.15. In light of the notice of compliance, the motion to require compliance [55] is denied as moot.

MINUTE entry before the Honorable Martha M. Pacold: Regarding the motion for summary judgment against Ding [57]: Plaintiff filed a motion for summary judgment [57] against Ding, one of the 38 defendants in this case. However, the court previously set a joint status report deadline for 1/31/2023 requiring plaintiff and all answering defendants (including Ding) to confer and file a joint status report proposing next steps in the case. Instead, plaintiff proceeded to file a summary judgment motion before any schedule had been set. The summary judgment motion [57] is struck as premature. If plaintiff proposes filing for summary judgment, plaintiff may propose that in the 1/31/2023 status report, after conferring with Defendant Ding and including a proposed briefing schedule in the joint status report.

MINUTE entry before the Honorable Martha M. Pacold: Regarding joinder: By 4:00 p.m. on 1/24/2023, plaintiff and each set of appearing defendants should file simultaneous briefs (limited to 5 pages, excluding caption and signature block) addressing whether joinder of all defendants in a single case remains appropriate. The complaint alleged that "The Defendant Internet Stores share unique identifiers, such as design elements and similarities of the unauthorized products offered for sale, establishing a logical relationship between them and suggesting that Defendants' illegal operations arise out of the same transaction, occurrence, or series of transactions or occurrences." Complaint, [1], paragraph 8. However, plaintiff has now filed a motion for summary judgment against one of 38 defendants, [57], raising the possibility that this case could effectively become multiple cases litigated by separate defendants on separate tracks, all under a single case number, creating inefficiency and confusion on the docket. In light of that possibility, the parties' briefs should address whether, under Fed. R. Civ. P. 20 and 21 (and any other relevant authority), one or more defendant(s) or set(s) of defendants should be severed into a separate case, in which plaintiff would pay the filing fee and then the case would proceed.

NOTICE by YZHTSJ, huyssrun of Settlement, Joint

NOTICE of Voluntary Dismissal by All Plaintiffs as to Defendant no. 8 huyssrun

MINUTE entry before the Honorable Martha M. Pacold: as to defendants YZHTSJ and Huyssrun: The parties are directed to file a joint status report by 3/29/2023 updating the court on the status of settlement unless a stipulation of dismissal is filed before then.

MEMORANDUM by DGMTY, Ding, Fuyu, HPQ, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Linglangxi Network Technology Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshishangpinyuandianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu ON JOINDER IN RESPONSE TO COURT ORDER (D.E. 65)

MOTION by Plaintiff Zinkia Entertainment to sever Defendants and withdraw Motion [57]

Exhibit 1

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal [67], which seeks to voluntarily dismiss defendant huyssrun under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant huyssrun from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 1/30/2023 identifying the remaining defendants.

MINUTE entry before the Honorable Martha M. Pacold: On review of the parties' filings regarding joinder, [69], [70], the court grants in part and denies in part plaintiff's motion [70]. The motion [70] is granted to the extent that it requests to withdraw the summary judgment motion [57] (which the court already struck as premature, [64]). The motion [70] is granted to the extent that the court intends to sever the defendants that filed [69] (the "DGMTY defendants") into a separate case and request that the Clerk of Court assign that case to this court as related to this case (22-cv-04973). Once the DGMTY defendants are severed into a separate case, plaintiff will pay the filing fee, file an amended complaint in the new case (involving the DGMTY defendants only), and then the court will refer that case to the assigned magistrate judge for discovery and settlement. In all other respects, the motion is denied. Given the DGMTY defendants' representation that the parties remain engaged in settlement negotiations, and that the severance of the case will require some time and administrative / logistical steps, for efficiency, the court will give the parties an opportunity to conclude those negotiations before the court actually initiates the severance. The parties should file a status report by noon CT one week from today (2/1/2023) on the status of settlement discussions. If settlement discussions have not concluded, and the parties do not request more time, the court will proceed with the severance and the steps above, including the referral of the new case for discovery and settlement.

Amended Schedule A [2] to Compalint [1] by Zinkia Entertainment

STATUS Report by Zinkia Entertainment

STATUS Report by DGMTY, Ding, Fuyu, HPQ, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Linglangxi Network Technology Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshishangpinyuandianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu

Exhibit One

Exhibit Two

ORDER: On 1/25/2023, the court granted plaintiff's motion to sever defendants [70] to the extent that the court intended to sever the defendants that filed [69] (the "DGMTY defendants") into a separate case. [72]. But before severing these defendants, the court gave the parties an opportunity to conclude their negotiations. The court has now reviewed the parties' status reports ([73], [74]), which state that settlement discussions have not concluded and that the parties do not oppose the severance of the DGMTY defendants or a referral to the magistrate judge for settlement conference. Accordingly, the court severs plaintiff's claims against the DGMTY defendants (DGMTY, Ding, Fuyu, HPQ, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Linglangxi Network Technology Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, chengdulijingyaxiumaoyiyouxiangongsi, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshishangpinyuandianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, and yishu). The court requests that the Clerk of Court open a single separate lawsuit for plaintiff against all defendants in this group of defendants (the DGMTY defendants), assign a new case number to that case, and assign that case to this judge as related to this case (22-cv-04973). Once the DGMTY defendants are severed into a separate case, plaintiff will pay the filing fee, file an amended complaint in the new case (involving the DGMTY defendants only), and then the court will refer that case to the assigned magistrate judge for discovery and settlement. Signed by the Honorable Martha M. Pacold on 2/3/2023. Mailed notice

MINUTE entry before the Honorable Martha M. Pacold: The parties should file a status report by 4/18/2023 on the status of status of remaining defendants, the status of settlement discussions, and how the parties seek to proceed with this case. Emailed notice.

STATUS Report by Zinkia Entertainment

MOTION by Defendant YZHTSJ to approve consent judgment JOINT

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for entry of stipulated consent judgment [79] is granted. Defendant No. 37 YZHTSJ is dismissed without prejudice.

CONSENT JUDGMENT AS TO Defendant 37 YZHTSJ Signed by the Honorable Martha M. Pacold on 4/21/2023:

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file an amended Schedule A on the docket by 4/25/2023. By 4/26/2023, plaintiff and any appearing defendants that remain in the case shall file a status report with an update on the status of all remaining defendants in the case (i.e., which defendants have appeared, any pending motions and to which defendants those motion(s) relate, the status of settlement discussions, and any other pertinent information as to the status of the case or matters the parties wish to raise).

First Amended Schedule A by Zinkia Entertainment

MOTION by Plaintiff Zinkia Entertainment for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in First Amended Schedule A

MEMORANDUM by Zinkia Entertainment in support of motion for default judgment[84]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment [84] must enter an appearance and file a written objection by 5/3/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

STATUS Report by Zinkia Entertainment

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report 87. By 5/10/2023, Attorney Lydia Pittaway should file a status report regarding the status of her representation.

MINUTE entry before the Honorable Martha M. Pacold: On 5/4/2023, the court directed Attorney Lydia Pittaway to file a status report. By 5/22/2023, Attorney Lydia Pittaway should file a status report regarding the status of her representation.

MINUTE entry before the Honorable Martha M. Pacold: The court directed Attorney Lydia Pittaway to file a status report by 5/22/2023. [88]; [89]. By 6/12/2023, Attorney Lydia Pittaway should file a status report regarding the status of her representation.

STATUS Report by DGMTY, Ding, Fuyu, Lucakuins, Qingtian Yingying Electronic Commerce Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Dali Industry Co., Ltd., Shenzhen Linglangxi Network Technology Co., Ltd., Shenzhen Rongxiner Network Technology Co., Ltd., Shenzhen Weitian Industrial Co., Ltd., Soothfeel, Store shopping, XiaMen Shi AiDeMan XinXiKeJi YouXian GongSi, Xingqing, minggong, shenzhenshiqinglisongdianzishangwuyouxiangongsi, shenzhenshishangpinyuandianzishangwuyouxiangongsi, shenzhenshiyishengyangdianzishangwuyouxiangongsi, sigeshangmao, tianjinhefengwangluokejiyouxiangongsi, tianjinshidongfangsugouwangluokejiyouxiangongsi, xuhua, yishu

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed Attorney Lydia Pittaway's status report 91. Any defendant objecting to plaintiff's motion for entry of default and default judgment 84 must enter an appearance and file a written objection by 6/6/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

ORDER: No defendant has responded to plaintiff's motion for entry of default and default judgment 84. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $350,000 per defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendant has appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Keith Vogt, Ltd., 33 West Jackson Boulevard, Unit #2W, Chicago, IL 60604, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on 6/9/2023. Mailed notice.

DEFAULT FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 6/9/2023. Mailed notice.

MAILED trademark report with certified copy of order dated 6/09/23 ([93],[94]) to Patent Trademark Office, Alexandria VA. (Attachment(s): # (1) Exhibit, # (2) Exhibit). Modified on 6/12/2023.

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Zinkia Entertainment to plaintiff's counsel Keith A. Vogt, Keith Vogt, Ltd., 33 West Jackson Boulevard, Unit #2W, Chicago, IL 60604, via certified mail # 7008 1830 0000 4138 9035. (Text entry; no document attached.)

RETURN of U.S. Post Office receipt, Article No. 7008 1830 0000 4138 9035.

SATISFACTION of Judgment as to Defendant no. 38 Zardwill