2022-cv-05958

COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 402, receipt number AILNDC-19994293.

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 Justin Tyler Joseph

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

(List of Trademarks, Exhibit 1)

(List of Trademarks, Exhibit 2)

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

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by January 17, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. 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 14

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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Chris Harrs regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1 - 7 regarding declaration 17

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

Exhibit 4-5

Exhibit 4-6

(Exhibit 4-7)

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 19

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

Exhibit 1

(Exhibit 2)

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.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. [3]) is hereby granted. Plaintiff's motion for electronic service of process (Dckt. No. [19]) is hereby granted. Plaintiff's motion for a temporary restraining order (Dckt. No. [14]) is granted in part as stated in the accompanying order. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Plaintiff must promptly effectuate service of process. Plaintiff's counsel should not take it as a given that the Court will extend the TRO. Any motion for an extension for a TRO must establish a genuine need to do so, and must demonstrate diligence in response to the TRO. Mailed notice

SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice.

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

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to February 24, 2023. Mailed notice.

SURETY BOND in the amount of $ 163,000.00 posted by Spin Master Ltd., Spin Master, Inc. (Document not scanned)

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

DECLARATION of Justin T. Joseph regarding extension of time 27

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Andrew Daniel Burnham

MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction as to certain Defendants

(Exhibit A)

DECLARATION of Justin T. Joseph regarding motion for preliminary injunction 30

(Exhibit 1)

SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/24/2023, answer due 2/14/2023.

Declaration of Andrew D. Burnham

(Exhibit A)

SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/2/2023, answer due 2/23/2023.

Declaration of Andrew D. Burnham

(Exhibit A)

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

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to a Certain Defendant

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to May 25, 2023. Mailed notice.

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

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

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

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

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

MINUTE entry before the Honorable Steven C. Seeger: Last year, this Court directed Plaintiffs' counsel to prepare, file, and email an Excel spreadsheet of all Schedule A cases that Plaintiffs' counsel had filed in this district in 2020 and 2021. The Court directs Plaintiffs' counsel to prepare, file, and email an updated version of the spreadsheet by May 19, 2023. The spreadsheet must include columns showing the case number, the case name, the date of filing each case, and the assigned judge. Counsel must file the spreadsheet on the docket, and must email an Excel version to the proposed order inbox: proposed_order_seeger@ilnd.uscourts.gov. The cover page of the filing must reveal how many Schedule A cases Plaintiffs' counsel filed in this district in 2022, and from 2020 to 2022. Mailed notice.

STATEMENT by Spin Master Ltd., Spin Master, Inc. regarding 42

(Exhibit 1)

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to July 11, 2023. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: The Court took a look at the docket in this case. The responses to the complaint were due on February 23, 2023. (Dckt. No. [33]) Defendants missed the deadline. But Plaintiffs has not pursued it, either. The Court hereby enters default under Rule 55(a) against all remaining defendants. A motion for default judgment is due by June 8, 2023. A response to the motion is due by June 14, 2023. A failure to comply will lead to appropriate relief, including possible dismissal for want of prosecution. In light of the forthcoming motion for default judgment, the motion for a temporary restraining order (Dckt. No. [27]) and the motion for a preliminary injunction (Dckt. No. [30]) are hereby denied because Plaintiffs will presumably seek a permanent injunction in a matter of days. Mailed notice.

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

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, [47]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[48]

Exhibit 1

MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' motion for default judgment (Dckt. No. 47) is hereby granted. Default Judgment Order to follow. Permanent Injunction Order to follow. Answers to the complaint are long since overdue. Given the significant passage of time, the Court elects to grant the motion for default judgment now, and vacates the deadline of June 14, 2023 (Dckt. No. 45) for any response. Instead, the Court sets June 20, 2023 as the deadline for any motion to set aside the default judgment. The case is closed. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 6/9/2023. Mailed notice.

PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 6/9/2023. Mailed notice.

CITATION to Discover Assets issued as to Ebay, Etsy, Walmart, Amazon, PayPal.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to Amazon.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to PayPal.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to Walmart.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to Etsy.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to eBay.

NOTICE of Removal of Material from the Custody of the Clerk's Office Surety Bond 26 in the amount of $ 163,000.00 posted by Spin Master Ltd., Spin Master, Inc. (Attachment) (Received for docketing 7/28/2023)

FULL SATISFACTION of Judgment regarding entered judgment, order 51 in the amount of $1,000 as to certain defendant

FULL SATISFACTION of Judgment regarding entered judgment, order 51 in the amount of $1,000 as to certain defendants

FULL SATISFACTION of Judgment regarding entered judgment, order 51 in the amount of $1,000 as to certain defendant