2022-cv-06410

2022-cv-06410 Bigfoot 4X4, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

Date :11/17/2022
Court :Northen District of Illinois
Law FirmHSP

#

Date

Document

1

Nov. 16, 2022

COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20052799.

(Exhibit 1)

2

Nov. 16, 2022

CIVIL Cover Sheet

3

Nov. 16, 2022

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl

4

Nov. 16, 2022

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac

5

Nov. 16, 2022

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray

6

Nov. 16, 2022

MOTION by Plaintiff Bigfoot 4x4, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

7

Nov. 16, 2022

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A

8

Nov. 16, 2022

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc.

CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment.

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.

9

Nov. 16, 2022

MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

10

Nov. 16, 2022

MOTION by Plaintiff Bigfoot 4x4, Inc. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Domain Names, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

11

Nov. 16, 2022

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for temporary restraining order, 10

Declaration Trent Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

12

Nov. 16, 2022

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 of Trent Declaration

13

Nov. 16, 2022

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 of Trent Declaration

14

Nov. 16, 2022

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 of Trent Declaration

15

Nov. 16, 2022

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 of Trent Declaration

16

Nov. 16, 2022

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 of Trent Declaration

17

Nov. 16, 2022

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 of Trent Declaration

18

Nov. 16, 2022

Notice of Claims Involving Trademarks by Bigfoot 4x4, Inc.

19

Nov. 16, 2022

MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 1/23/2023 at 9:00 a.m. Initial Status Report shall be filed by 1/17/2023. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.

20

Nov. 17, 2022

MAILED trademark report to Patent Trademark Office, Alexandria VA.

(Trademarks)

21

Nov. 18, 2022

MINUTE entry before the Honorable Gary Feinerman:Motions to seal document 6, 9, and 10 are entered and continued 11/22/2022 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.

22

Nov. 21, 2022

MINUTE entry before the Honorable Gary Feinerman:The motion hearing set for 11/22/2022 at 9:00 a.m. 21 is re-set for 9:20 a.m. TIME CHANGE ONLY. Attorneys/Parties should appear for the 11/22/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.

23

Nov. 22, 2022

MINUTE entry before the Honorable Gary Feinerman:Today's motion hearing is stricken and re-set for 11/29/2022 at 9:00 a.m. regarding motions 6, 9, and 10. Attorneys/Parties should appear for the 11/29/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Plaintiff's failure to appear for the 11/29/2022 hearing will result in the dismissal with prejudice of this case for want of prosecution. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.

24

Nov. 29, 2022

MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued 12/13/2022 at 9:00 a.m. Motion hearing held. For the reasons stated on the record, Plaintiff's motion for leave to file under seal 6, Plaintiff's motion to exceed page limitation 9, and Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary transfer of the Defendant Domain Names, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 10 are granted. Enter sealed TRO. Attorneys/Parties should appear for the 12/13/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Plaintiff's failure to appear for the 12/13/2022 hearing will result in the dismissal with prejudice of this case for want of prosecution. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.

26

Dec. 7, 2022

MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

27

Dec. 7, 2022

SURETY BOND in the amount of $ $10,000 posted by Bigfoot 4x4, Inc. (Document not scanned).

28

Dec. 9, 2022

MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time 26 is granted. The TRO 25 is extended to 12/27/2022. The status hearing set for 12/13/2022 24 is stricken and re-set for 12/20/2022 at 9:00 a.m. Attorneys/Parties should appear for the 12/20/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Plaintiff's failure to appear for the 12/13/2022 hearing will result in the dismissal with prejudice of this case for want of prosecution. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

29

Dec. 20, 2022

MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

30

Dec. 20, 2022

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction[29]

31

Dec. 20, 2022

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[29]

32

Dec. 21, 2022

SUMMONS Returned Executed by Bigfoot 4x4, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 12/20/2022, answer due 1/10/2023.

34

Dec. 21, 2022

MINUTE entry before the Honorable Gary Feinerman:Motion for preliminary injunction 29 is entered and continued. Any opposition to the preliminary injunction motion shall be filed by 12/26/2022. Mailed notice.

35

Dec. 26, 2022

MOTION by Yang Su to dismiss plaintiffs complaint and Opposition to plaintiffs motion for preliminary injunction. (Exhibits)

36

Dec. 28, 2022

ORDER OF THE EXECUTIVE COMMITTEE. The Honorable Gary S. Feinerman will resign his Commission as a United States District Judge effective December 31, 2022. IT IS HEREBY ORDERED That the civil cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any civil case that was assigned to the Honorable Gary S. Feinerman and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable John J. Tharp, Jr for all further proceedings. Honorable Gary Feinerman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 12/28/2022.

37

Dec. 29, 2022

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 30,88

38

Dec. 29, 2022

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.

39

Dec. 30, 2022

MINUTE entry before the Honorable John J. Tharp, Jr: pon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 37, defendants Nos. 30 and 88 are dismissed from this case. Mailed notice

40

Dec. 30, 2022

MINUTE entry before the Honorable John J. Tharp, Jr:The status hearing set for 01/12/23 is stricken. The plaintiff's motion for entry of a preliminary injunction 29 is taken under advisement. The plaintiff is directed to submit a proposed preliminary injunction order, in Word format, to the Court's proposed order inbox (Proposed_Order_Tharp@ilnd.uscourts.gov). Mailed notice

41

Dec. 30, 2022

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant Sue's motion to dismiss and opposition to preliminary injunction 35 is taken under advisement. The plaintiff's response is due by 01/19/2023; the defendant's reply is due by 02/02/2023. In the motion, Defendant Sue indicates affiliation with four online stores: Def. Nos. 6 and 7 and two online stores not listed on the plaintiff's Schedule A (KUANKUANBAO and FRUUGO_BAODAN STORE). If Defendant Sue intends to claim affiliation with any named online store other than Nos. 6 and 7, the defendant is directed to file by 01/05/2023 an update notice of affiliation referencing the plaintiff's Schedule A. Mailed notice

42

Jan. 4, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fruugo_Baodan Store, Kuankuanbao, Shenzhenshihuinengjiagongyipinyouxiangongsi, guangzhoushikaixiangdianziyouxiangongsi.

43

Jan. 6, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 35, 47, 49

44

Jan. 9, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 43, defendants Nos. 35, 47, and 49 are dismissed from this case. Mailed notice

45

Jan. 11, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 107, 113

46

Jan. 13, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 45, defendants Nos. 107 and 113 are dismissed from this case. Mailed notice

47

Jan. 17, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 51,53,91,132

48

Jan. 17, 2023

MOTION to withdraw the Motion to Dismiss plaintiff's Complaint and opposition to preliminary injunction, Dkt. 35 filed by Yang Su.

49

Jan. 18, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 47, defendants Nos. 51, 53, 91, and 132 are dismissed from this case. Mailed notice

50

Jan. 19, 2023

MINUTE entry before the Honorable John J. Tharp, Jr:Defendants Nos. 6, 7, 52, and 54's motion to withdraw the motion to dismiss 48 is granted. The defendants' motion to dismiss 35 is denied as moot. Mailed notice

51

Jan. 20, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 6,7,52,54,92

52

Jan. 23, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 51, defendants Nos. 6, 7, 52, 54, and 92 are dismissed from this case. Mailed notice

53

Jan. 25, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 125

54

Jan. 26, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 53, defendant No. 125 is dismissed from this case. Mailed notice

55

Feb. 3, 2023

ATTORNEY Appearance for Defendants Caitrun, Velaurs, Pinsofy, yafa, Naroote, Taiddad, Qiter, Cosiki, Qinlorgo, Leftwei, Sayring, Nitrip, Woriil, Lafermy, Shanbor, Winddin, Rujun220, Vidoo, Densive, Voshowylor, Tenyse-K by Timothy Tiewei Wang

(Exhibit A - List of Represented Defendants)

56

Feb. 3, 2023

MOTION by Defendants Caitrun, Cosiki, Densive, Lafermy, Leftwei, Naroote, Nitrip, Pinsofy, Qinlorgo, Qiter, Rujun220, Sayring, Shanbor, Taiddad, Tenyse-K, Velaurs, Vidoo, Voshowylor, Winddin, Woriil, yafa for extension of time to file answer regarding complaint 1

57

Feb. 6, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 96

58

Feb. 6, 2023

MINUTE entry before the Honorable John J. Tharp, Jr:The defendants' unopposed motion to extend deadline to answer or otherwise respond 56 is granted. Defendants Nos. 82, 85, 86, 97, 98, 104, 106, 108, 110, 111, 114, 116, 119, 128, 130, 134, 135, 136, 138, 139, and 144's responsive pleading is due by 02/17/2023. Mailed notice

59

Feb. 7, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 57, defendant No. 96 is dismissed from this case. Mailed notice

60

Feb. 9, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 112, 115, 150

61

Feb. 10, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 60, defendants Nos. 112, 115, and 150 are dismissed from this case. Mailed notice

62

Feb. 13, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 48

63

Feb. 14, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 62, defendant No. 48 is dismissed from this case. Mailed notice

64

Feb. 16, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 101

65

Feb. 17, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 64, defendant No. 101 is dismissed from this case. Mailed notice

66

Feb. 17, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 120

67

Feb. 20, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 50

68

Feb. 21, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 66 67, defendants Nos. 50 and 120 are dismissed from this case. Mailed notice

69

Feb. 21, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

70

Feb. 22, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 69, defendants Nos. 23, 25, 81, 89, 93-95, 99, 102, 105, 109, 117, 118, 122-124, 126, 133, 137, 140-143, and 145-148 are dismissed from this case. Mailed notice

71

March 14, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 131

72

March 15, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 71, defendant No. 131 is dismissed from this case.

73

March 23, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

74

March 27, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 73, defendants Nos. 82, 85, 86, 97, 98, 104, 106, 108, 110, 111, 114, 116, 119, 128, 130, 134-136, 138, 139, and 144 are dismissed from this case. Mailed notice

75

April 4, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 24

76

April 6, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 75, defendant No. 24 is dismissed from this case. Mailed notice

77

April 27, 2023

DECLARATION of William B. Kalbac Declaration of Service

78

April 27, 2023

MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

79

April 27, 2023

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 78

Exhibit 1

(Exhibit 2)

80

April 27, 2023

DECLARATION of Michael A. Hierl regarding motion for default judgment 78

(Exhibit Hierl Exhibit 1)

81

April 28, 2023

CERTIFICATE of Service by Plaintiff Bigfoot 4x4, Inc.

82

May 1, 2023

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 78 is taken under advisement. Any objections or responses are due by 05/08/2023. Mailed notice

83

May 15, 2023

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction 29 is denied. Upon taking the motion under advisement on December 30, 2022, this Court directed the plaintiff to submit a proposed preliminary injunction order to the Court. (ECF No. 40) The plaintiff never complied despite continuing to remain active in this case. This Court construes the plaintiff's failure to comply with a court order as an abandonment of its motion and denies the motion with prejudice for failure to prosecute. Additionally, the plaintiff's motion for entry of default and default judgment 78 is denied without prejudice. The motion purports to apply to "all remaining defendants" in this case, as identified in the plaintiff's Amended Schedule A. (ECF No. 78) The plaintiff did not file an Amended Schedule A on the docket but did include one within the proposed default judgment order it sent to the Court. This Amended Schedule A identifies defendant No. 92 among the "remaining defendants" in this case, but the plaintiff voluntarily dismissed defendant No. 92 on January 20, 2023. (ECF No. 51) Further, the Amended Schedule A does not account for defendant No. 55, who is yet to be dismissed and therefore should be, by all accounts, considered among the "remaining defendants." Both errors cast doubt on all of the plaintiff's representations to this Court, especially given the nature of a default judgment and the ex parte progression of this case in general. Most critically, it appears the plaintiff has not adequately proved all defendants have been served. For instance, the plaintiff's executed summons indicates that notice has been sent to "the email addresses identified in Exhibit 1 to the Ann C. Trent [sic]" (ECF No. 32), but that exhibit is nothing more than the plaintiff's trademark registrations (ECF No. 11-2). The summons also indicates that notice has been sent to "any email addresses provided for Defendants by third parties," (ECF No. 32), but this does not inform the Court which defendants' emails were provided, if any. In follow-on declarations of service the plaintiff filed in conjunction with its motion for default judgment, the plaintiff declares that notice has been sent to "the email addresses identified in Exhibit 2 to the Declaration of Ann C. Trent and any email addresses provided for Defendants by third parties." (ECF Nos. 77, 81) This statement suffers from the same infirmity as the statement within the plaintiff's executed summons, except that Exhibit 2 to the Declaration of Ann C. Trent is not the plaintiff's trademark registration but a compilation of screenshots of the defendants' online marketplaces. (ECF Nos. 12-17) It, too, is inadequate. The screenshot compilation does not readily identify any emails whatsoever. Even if it did, this Court is disinclined to comb through the plaintiff's 1,210-page exhibit hunting for them. By 05/18/2023, the plaintiff is directed to file proof of service of summons or to show cause why this case should not be dismissed pursuant to Fed. R. Civ. P. 4(m). Mailed notice

84

May 18, 2023

CERTIFICATE of Service Proof of Service of Summons by Michael A. Hierl on behalf of Bigfoot 4x4, Inc.

Exhibit A

(Exhibit B)

85

May 25, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 149

86

May 26, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 85 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 149 is dismissed from this case. Mailed notice

87

May 30, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 27

88

May 31, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 87 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 27 is dismissed from this case Mailed notice

89

June 22, 2023

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 84

90

June 26, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 89 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant number 84 is dismissed. Mailed notice

91

July 12, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff is directed to file a status report identifying the remaining defendants in the case and Plaintiff's expectation as to when a motion for default judgment as to the remaining defendants will be filed.Mailed notice

92

July 18, 2023

STATUS Report by Bigfoot 4x4, Inc.

93

Sept. 6, 2023

MINUTE entry before the Honorable John J. Tharp, Jr:In light of the plaintiff's failure to file a motion for default judgment as to the remaining defendants as it stated it would do months ago in its prior status report 92 or to identify them in a status report, as required by the Court's prior order 91, this matter is dismissed with prejudice as to any and all remaining defendants for failure to prosecute. Enter Judgment Order. Civil Case Terminated. Mailed notice

94

Sept. 6, 2023

JUDGMENT Order Signed by the Honorable John J. Tharp, Jr on 9/6/2023. Mailed notice

95

Oct. 9, 2023

SATISFACTION of Judgment

96

Oct. 10, 2023

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 95, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant No. 90. Mailed notice

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