2022-cv-06692

COMPLAINT filed by Malcolm McCormick Revocable Trust; Filing fee $ 402, receipt number AILNDC-20090886.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Malcolm McCormick Revocable Trust Schedule A regarding complaint[1]

MOTION by Plaintiff Malcolm McCormick Revocable Trust for leave to file under seal

CIVIL Cover Sheet

Notice of Claims Involving Trademarks by Malcolm McCormick Revocable Trust

ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Justin Tyler Joseph

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Maria Valdez. 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.

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by February 13, 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MOTION by Plaintiff Malcolm McCormick Revocable Trust for temporary restraining order

MEMORANDUM by Malcolm McCormick Revocable Trust in support of motion for temporary restraining order 12

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Emily Holt regarding memorandum in support of motion 13

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Malcolm McCormick Revocable Trust Exhibit 2 - Parts 1 - 5 regarding declaration 15

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

MOTION by Plaintiff Malcolm McCormick Revocable Trustfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Malcolm McCormick Revocable Trust in support of motion for miscellaneous relief 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

Exhibit 1

(Exhibit 2)

ATTORNEY Appearance for Plaintiff Malcolm McCormick Revocable Trust by Quinn Bradley Guillermo

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. [17]) is hereby granted. Plaintiff's motion for a temporary restraining order (Dckt. No. [12]) 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

SURETY BOND in the amount of $176,000.00 posted by Malcolm McCormick Revocable Trust (Document not scanned)

MOTION by Plaintiff Malcolm McCormick Revocable Trust for extension of time of Temporary Restraining Order

(Declaration of Justin T. Joseph)

MOTION by Plaintiff Malcolm McCormick Revocable Trust for preliminary injunction

Exhibit A

Declaration of Justin T. Joseph

(Exhibit 1)

SUMMONS Returned Executed by Malcolm McCormick Revocable Trust as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/24/2023, answer due 2/14/2023.

Declaration of Quinn B. Guillermo

(Exhibit A)

NOTICE of Voluntary Dismissal by Malcolm McCormick Revocable Trust as to certain defendant

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file the joint initial status report is extended to March 30, 2023. Mailed notice.

NOTICE of Voluntary Dismissal by Malcolm McCormick Revocable Trust as to certain defendants

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint status report is extended to May 1, 2023. Mailed notice.

MOTION by Plaintiff Malcolm McCormick Revocable Trust for entry of default, MOTION by Plaintiff Malcolm McCormick Revocable Trust for default judgment as to all Defendants with the exception of a Certain Defendant

(Exhibit A)

MEMORANDUM by Malcolm McCormick Revocable Trust in support of motion for entry of default, motion for default judgment, 32

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 33

(Exhibit 1)

MOTION by Plaintiff Malcolm McCormick Revocable Trust to approve consent judgment as to a Certain Defendant

(Exhibit A)

MOTION by Plaintiff Malcolm McCormick Revocable Trust to approve consent judgment (Amended)

Exhibit A

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint status report is extended to June 5, 2023. Mailed notice.

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

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff Malcolm McCormick Revocable Trust's motion for entry of default and default judgment (Dckt. No. 32) is hereby granted in part as follows. Plaintiff effectuated service of process on January 24, 2023. (Dckt. No. 27) The remaining defendants have not responded to the complaint. The responses to the complaint are long overdue. The Court hereby enters default under Rule 55(a) against all remaining defendants, except defendant no. 73 (chenzhousuxianqumeizhoumaoyiyouxiangongsi). The response to the motion for default judgment is due by May 12, 2023. No extensions. Defendants must file a motion if they seek a hearing. Plaintiff must serve a copy of this Order and file a certificate of service on the docket. Plaintiff must ensure that it has sent an up-to-date draft judgment with an up-to-date Schedule A in Word to the proposed order inbox. Mailed notice

CERTIFICATE of Service by Plaintiff Malcolm McCormick Revocable Trust per 39

(Exhibit A)

STATEMENT by Malcolm McCormick Revocable Trust regarding 38

(Exhibit 1)

MINUTE entry before the Honorable Steven C. Seeger: At the plaintiff's request, the deadline to file an initial status report is extended to August 8, 2023. Mailed notice.

NOTICE of Voluntary Dismissal by Malcolm McCormick Revocable Trust as to certain defendant

MINUTE entry before the Honorable Steven C. Seeger: At the plaintiff's request, the deadline to file an initial status report is extended to November 3, 2023. Mailed notice.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an extension of the TRO (Dckt. No. 25) is hereby denied as moot. Plaintiff's motion for preliminary injunction (Dckt. No. 26) is hereby denied as moot. Plaintiff's motion for approve consent judgment as to a certain defendant (Dckt. No. 35) is hereby denied. Plaintiff's motion for approve consent judgment as to a certain defendant (amended) (Dckt. No. 36) is hereby granted. Plaintiff's motion for default judgment (Dckt. No. 32) is hereby granted as to all other defendants remaining in the case. Final Judgment Order to follow. The complaint is dismissed. The case is closed. Civil case terminated. Mailed notice

CONSENT JUDGMENT Signed by the Honorable Steven C. Seeger on 8/14/2023. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 8/14/2023. Mailed notice.

PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 8/14/2023. Mailed notice.

MAILED trademark report with certified copy of minute order dated 8/14/2023 to Patent Trademark Office, Alexandria VA.

NOTICE of Removal of Material from the Custody of the Clerk's Office by Greer, Burns & Crain, Ltd. (Attachment).