2023-cv-00147

COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20224347.

(Exhibit 1)

CIVIL Cover Sheet

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

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

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

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

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

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

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Text entry; no document attached.)

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

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

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)

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

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

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

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

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

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

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 of Trent Declaration

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

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Robert Blakey for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 1/11/23.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal 6 and motion for leave to file excess pages 9. The Court takes Plaintiff's ex parte motion for entry of a temporary restraining order 10 under advisement and will consider the motion upon receipt of a proposed order, as required by this Court's standing orders. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Plaintiff having submitted a proposed order as directed, and based upon the materials previously submitted, the Court grants Plaintiff's ex parte motion for entry of a temporary restraining order 10. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 2/17/23. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 2/3/2023. Mailed notice

SURETY BOND in the amount of $ 10,000.00 posted by Bigfoot 4x4, Inc. (Document not imaged)

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

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion 25 to extend the temporary restraining order entered 2/3/23 23. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 3/3/23. The Court once again reminds counsel that all motions must be noticed for presentment; in the future, the Court will strike any nonconforming motions. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 72

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

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction 28

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 28

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 28 before Honorable John Robert Blakey on 3/8/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: In light of the Court's trial schedule, the 3/8/23 status hearing is reset for 12:00 p.m. (Note time change only.) Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 71

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 3/6/2023, answer due 3/27/2023.

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 3/8/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for preliminary injunction 28 is granted. Enter Preliminary Injunction Order. Status hearing set for 5/9/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 3/8/2023. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 33, this case is dismissed with prejudice as to Defendant goodfeeling100 (No. 71). Mailed notice

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

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 38, Defendants 1 chinewstore-uk, 2 francesto-82, 3 lichistore99-uk, 5 summer_6962, 6 zhuobotech, 59 andwind, 84 targetland28, 93 xshcyg9 and 146 FUTATA are dismissed with prejudice. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 67

ATTORNEY Appearance for Defendant RC Mall by Mark K. Suri

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant RC Mall

(Exhibit A)

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 148

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 94, 163

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal Without Prejudice as to Defendant No. 79

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notices of voluntary dismissal 40, 43, 44 and 45, Defendants easymarket-a, Guorenwangnuokeji Co. ltd, Cairhuire, shenzhenshikeyuanfeimaoyiyouxiangongsi are dismissed with prejudice and Defendant rc-parts is dismissed without prejudice. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Plaintiff shall respond to Defendant RC Mall's motion to dismiss 42 by 4/17/23, and RC Mall shall file any reply by 4/24/23. The Court reminds counsel that all motions must be noticed for presentment; in the future, the Court will strike any motions that fail to comply with this Court's standing orders. Mailed notice

NEW PARTIES: Taiyuan Muguali Trading Co.Ltd, Taiyuan Qipeiyun E-commerce Co., Ltd, Taiyuan Weizhaichen E-commerce Co., Ltd, Taiyuanjibielidianzishangwuyouxiangongsi, taiyuanjihenghaodianzishangwuyouxiangongsi, Taiyuanqianshengyumaoyiyouxiangongsi, TY BQJ E-Com Co.Ltd, TY Toys Co. Ltd, youjin INC, YZ Technology Co.,Ltd., Zh Technology Co.Ltd, Zhuo Sen Teng Co.Ltd, ali20151228-6, andwind, begam7653, bhanitah, brolleea_store, cotton candy, dilrathn_49, dimuthudilhani, donypasindu0, easymarket-a, ep3car, fmedon shop, good minute4, goodfeeling100, kassu71, ledbike, medboudar, petras 1919, priymadu 77, rasaj38, rboth 31, rc-parts, rcawd eng, sacruwan 77, salesh 17, ssg super, targetland28, tharmadu 6, the kido bot, theother dox, top1 4you, toyplaza, ucdealzzz, veromtec, viban32, xshcyg9, Cairhuire, feifeideshop, hankssss, Oeudire, PriceBubby, qianxianaishangzhimeishangmaodian, WONFAST, xdkj-HAOYUZH, xdkj-YMXYMX, Zoupei commercial bank, Nanhai District, Foshan Ci, abcy8720 Store, ae609 Store, ai801 Store, ai809 Store, bai09 Store, bellarseller Store, cyc_amazed Store, fgjr309 Store, fzctj33 Store, gfmr Store, gfrb821 Store, guan08 Store, h4c1 Store, iamnalriya Store, keeg Store, kokig Store and mkij851 Store added to case caption. (Text entry; no document attached.)

NEW PARTIES: modelstore Store, mommyloves Store, qw8a Store, rctoy2020 Store, tie08 Store, tlpn Store, toyrus2020 Store, ufo430 Store, ujh5104 Store, waql Store, wm4q Store, xrxl Store, xs4k Store, yw6765 Store, zaful Store, Ainiiwode, beautyUS, BLUE WHALE Store, cherish, CQ SY Tech Co., Ltd., Cuhas, ENOWONE home, Euramerican Fashion Design Co. Ltd, FUTATA, GLOBAL TOUR, Guorenwangnuokeji Co. ltd, Haikou Shengji Culture Media Co., Ltd, Hefeininnaowangluokejiyouxiangongsi, HJ Co. ltd, Hongshuangxi Trading Co., LTD, Huizhou Bingchen Technology Co., Ltd., huizhoushishashabeierfuzhuangyouxiangongsi, hunanzhuojingwangluokejiyouxiangongsi, JL Toys Co.Ltd, Keluoda Co.Ltd, LIXZ Co. Ltd, loyafo Co. Ltd, Major Multi, shenzhen jier maoyi youxiangongsi, Shenzhen Xinhuida Department Store Co., Ltd., shenzhenshikeyuanfeimaoyiyouxiangongsi, shenzhenshiyingjiushipinyouxiangongsi, tai yuan hui sheng fei ke ji you xian gong si, tai yuan yin meng jun dian zi shang wu you xian Co., LTD, Taiyuan Nitaiteng Trading Co., Ltd, XDF Home Co.Ltd, XinYee Co. ltd and XLN department store co.,ltd. added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 143

ATTORNEY Appearance for Defendant Keluoda Co.Ltd by Lydia Pittaway

ANSWER to Complaint with Jury Demand AND AFFIRMATIVE DEFENSES by Keluoda Co.Ltd

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 48, this case is hereby dismissed with prejudice as to Defendant Cuhas (No. 143). Mailed notice

RESPONSE by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Response to Defendant's Motion to Dismiss Pursuant to Federal Rule 12(b)(6)

Exhibit Group Exhibit 1

Exhibit 2

(Exhibit 3)

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 89

REPLY by RC Mall to Response 52 to Motion to Dismiss 42

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

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 55, the Court hereby dismisses this case with prejudice as to Defendant WONFAST (No. 101). The Court strikes the 5/9/23 status hearing and will rule on the pending motion to dismiss in due course. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Defendant RC Mall (No. 100) moves to dismiss Plaintiff's complaint, see 42, arguing that its use of Plaintiff's marks constitutes a "permissible fair use." Initially, courts should usually refrain from granting Rule 12(b)(6) motions based upon the existence of a defense, e.g., Brownmark Films, LLC v. Comedy Partners, 682 F.3d 687, 690 (7th Cir. 2012); Rule 12(b)(6) tests "whether the complaint states a claim for relief, and a plaintiff may state a claim even though there is a defense to that claim." Defendant's heavy reliance on New Kids on the Block v. News America Pub, Inc., 971 F.2d 303 (9th Cir. 1992), proves the point. There, the Ninth Circuit described "fair use": a "problem arises when a trademark also describes a person, a place, or an attribute of a product. If the trademark holder were allowed exclusive rights in such use, the language would be depleted in much the same way as if generic words were protectable. Thus, trademark law recognizes a defense where the mark is used only 'to describe the goods or services of [a] party, or their geographic origin'"; the "fair-use defense," "in essence, forbids a trademark registrant to appropriate a descriptive term for his exclusive use and so prevent others from accurately describing a characteristic of their goods." Id. at 306 (citing 15 U.S.C. § 1115(b)(4) and Soweco, Inc. v. Shell Oil Co., 617 F.2d 1178, 1185 (5th Cir. 1980)). Significantly, however, New Kids was decided on summary judgment, not on a motion to dismiss, and Defendant has not pointed to anything in the complaint to demonstrate that the alleged use here necessarily falls within the defense. To prevail on a Lanham Act claim (whether a claim of trademark infringement and counterfeiting under § 1114(1) or unfair competition (or false designation) under § 1125(a)(1)), a plaintiff must establish that (1) its mark is protectable, and (2) the defendant's use of the mark is likely to cause confusion among consumers. Packman v. Chicago Trib. Co., 267 F.3d 628, 638 (7th Cir. 2001) (citing Eli Lilly & Co. v. Natural Answers, Inc., 233 F.3d 456, 461 (7th Cir. 2000)). Plaintiff here alleges that it owns U.S. Trademark Registration Nos. 1,228,960 and 1,387,617 for the "BIG FOOT" word mark in class 28; Registration Nos. 1,433,779; 1,973,606; and 3,125,288 for the "BIGFOOT" word mark in classes 9, 16, and 25; and Registration No. 3,641,155 for the "BIGFOOT 4X4" word mark for class 12, 1 8; that these registrations for the BIGFOOT marks are valid, subsisting, and in full force and effect; and that they are distinctive and identify merchandise as goods from BIGFOOT 4x4, INC. or its duly authorized licensees, id. 9-10. Plaintiff also alleges that Defendants, including RC Mall, "have knowledge of Plaintiff's rights in its Trademarks and are willfully infringing and intentionally using Plaintiff's BIGFOOT Trademarks on counterfeit products. Defendants' willful, intentional, and unauthorized use of Plaintiff's BIGFOOT Trademarks are likely to cause and is causing confusion, mistake, and deception as to the origin and quality of the counterfeit products among the general public," id. 31, and that "Defendants' promotion, marketing, offering for sale, and sale of counterfeit products have created and are creating a likelihood of confusion, mistake, and deception among the general public as to the affiliation, connection, or association with Plaintiff or the origin, sponsorship, or approval of Defendants' counterfeit products by Plaintiff," id. 36. Based upon these allegations, the Court denies Defendant RC Mall's motion to dismiss 42. RC Mall shall respond to the complaint by 5/31/23. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 110, 117, 127

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

ANSWER to Complaint with Jury Demand by RC Mall

MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal 58, 59, the Court hereby dismisses this case with prejudice as to Defendants bai09 Store (No. 110); guan08 Store (No. 117); tie08 Store (No. 127); C Adaidian Co. ltd (No. 8); CC Dreamday Co. ltd (No. 9); Changsha Xinzong Trading Co., Ltd. (No. 10); CQ YJX Tech Co.Ltd (No. 12); DZ Electronics Co.,Ltd. (No. 13); Huizhou Danqiu Technology Co., Ltd. (No. 16); Huizhou Ruolin Technology Co., Ltd. (No. 17); Ji Ru Xiang Trading Co.Ltd (No. 19); JM Digital Co., Ltd. (No. 21); Linu Technology Co. Ltd (No. 22); LJ Electronic Co., Ltd. (No. 23); Mia HOO Co. ltd (No. 24); Musical Instruments and Furniture Co.Ltd (No. 25); Nanchang Changke Electronic Technology Co., Ltd. (No. 26); Quality Supply Co. Ltd (No. 27); Quanzhou Yingqi Trading Co. Ltd (No. 28); R.0llywood Co. ltd (No. 29); RLY Electronic Technology Co., Ltd. (No. 30); shen zhen shi an hao ran mao yi you xian gong si (No. 31); Shenzhen Lg Electronic Technology Co., Ltd. (No. 32); SZ Electronics Co.Ltd (No. 35); SZ Home&Living Co.Ltd No. 36); tai yuan ji cai mei dian zi shang wu you xian gong si (No. 37); tai yuan lai rong lai lei shang mao you xian gong si (No. 38); Tai yuan mu pu mu qin shang mao Trading Co., Ltd (No. 39); tai yuan sheng chi er qi shang mao you xian gong si (No. 40); tai yuan wu xiao cheng wang luo ke ji you xian gong si (No. 41); tai yuan xuan le ge dian zi shang wu you xian gong si (No. 42); tai yuan zun yin guan mao yi you xian gong si (No. 43); Taiyuan damanrui dianzishangwu youxiangongsi Co. Ltd (No. 44); Taiyuan Juetule E-commerce Co.Ltd (No. 45); Taiyuan Muguali Trading Co.Ltd (No. 46); Taiyuan Qipeiyun E-commerce Co., Ltd (No. 47); Taiyuan Weizhaichen E-commerce Co., Ltd (No. 48); Taiyuanjibielidianzishangwuyouxiangongsi (No. 49); taiyuanjihenghaodianzishangwuyouxiangongsi (No. 50); Taiyuanqianshengyumaoyiyouxiangongsi (No. 51); TY BQJ E-Com Co.Ltd (No. 52); YZ Technology Co.,Ltd. (No. 55); Ainiiwode (No. 138); cherish (No. 141); CQ SY Tech Co., Ltd. (No. 142); Euramerican Fashion Design Co. Ltd (No. 145); Hefeininnaowangluokejiyouxiangongsi (No. 150); HJ Co. ltd (No. 151); Hongshuangxi Trading Co., LTD (No. 152); Huizhou Bingchen Technology Co., Ltd. (No. 153); huizhoushishashabeierfuzhuangyouxiangongsi (No. 154); JL Toys Co.Ltd (No. 156); LIXZ Co. Ltd (No. 158); loyafo Co. Ltd (No. 159); Major Multi (No. 160); Shenzhen Xinhuida Department Store Co., Ltd. (No. 162); shenzhenshiyingjiushipinyouxiangongsi (No. 164); tai yuan hui sheng fei ke ji you xian gong si (No. 165); tai yuan yin meng jun dian zi shang wu you xian Co., LTD (No. 166); Taiyuan Nitaiteng Trading Co., Ltd (No. 167); XDF Home Co.Ltd (No. 168); and XLN department store co.,ltd. (No. 170). Plaintiff shall file an updated status report by 7/7/23 concerning the remaining Defendants and proposing additional case management dates. Additionally, Plaintiff and Defendant RC Mall (No. 100) shall exchange Rule 26(a)(1) disclosures by 6/30/23. Mailed notice

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

STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 62 and the filing of the stipulation of dismissal 63, this case is dismissed with prejudice as to the Defendants listed on document 62 and voluntarily dismissed as to Defendant (100 RC Mall). Mailed notice

STATUS Report Joint Status Report by Bigfoot 4x4, Inc.

DECLARATION of Robert P. McMurray Declaration of Service

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

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 67

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 67

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 67 before Honorable John Robert Blakey on 7/26/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 7/26/2023. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment 67 is denied without prejudice as stated in open court. The Court refers this case to the Magistrate Judge for a settlement conference. Enter Expedited Referral Order. Status hearing set for 11/1/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: settlement conference. Mailed notice.

MINUTE entry before the Honorable Young B. Kim: A preliminary settlement discussion with the attorneys of record is scheduled for August 2, 2023, at 11:30 a.m.by phone. The conference call number is (877) 336-1839 and the passcode is 4333213. Mailed notice

ATTORNEY Appearance for Defendant Keluoda Co.Ltd by Michael Thomas Stanley

MINUTE entry before the Honorable Young B. Kim: The preliminary settlement discussion scheduled for August 2, 2023, is rescheduled for August 2, 2023, at 1:00 p.m. Parties are to note the time change.Mailed notice

MINUTE entry before the Honorable Young B. Kim: Preliminary settlement discussion held. Plaintiff reported that the case has been settled as to Defendant RC Mall. Plaintiff made a settlement demand and Defendant Keluoda Co., Ltd. responded with an offer. As discussed, the court started an email chain and Plaintiff is to email the court and Defendant with a revised demand by August 4, 2023. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 7

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 77, the Court dismisses this case with prejudice as to Defendant Bargain Store Co. Ltd (No. 7). Mailed notice

MINUTE entry before the Honorable Young B. Kim: Plaintiff and Defendant Keluoda Co.Ltd have resolved this matter. Plaintiff is directed to email a draft settlement agreement to Defendant by tomorrow. Parties are to then file their stipulation to dismiss as soon as possible with the assigned District Judge. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned District Judge. Emailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of minute entry 79, this case is now resolved. Counsel shall either file dismissal documents or a joint status report on or before 9/11/2023. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 58, 80

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 81, this case is dismissed with prejudice as to Defendants (58 ali20151228-6) and (80 rcawd_eng). Mailed notice

STIPULATION of Dismissal Stipulation of Voluntary Dismissal with Prejudice

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the stipulation of voluntary dismissal 83, this case is dismissed with prejudice as to Defendant (157 Keluoda Co. Ltd.). Mailed notice

DECLARATION of Robert P. McMurray Declaration of Service

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

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 86

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 86

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 86 before Honorable John Robert Blakey on 9/20/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court denies without prejudice Plaintiff's renewed motion for entry of default and default judgment [86] because Plaintiff failed to attach the Amended Scheule A to its motion, and the Court thus remains unable to determine to which Defendants the motion is directed. The 9/20/23 Notice of Motion date is stricken. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 105

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 91, this case is dismissed as to Defendant (105). Mailed notice

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

(Exhibit 1)

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment, 93

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 93

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 93 before Honorable John Robert Blakey on 9/27/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the 9/27/23 hearing on Plaintiff's renewed motion for default judgment 93 is stricken and reset to 9/29/2023 at 11:00 a.m. in Courtroom 1203. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 9/29/2023 on Plaintiff's renewed motion for entry of default and default judgment as to the Defendants identified on the Amended Schedule A 93. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. No defendant having filed an appearance to object to the motion or otherwise, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion for entry of default and default judgment 93. Enter Default Judgment Order. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 9/29/2023. Mailed notice

SATISFACTION of Judgment