2023-cv-01346

2023-cv-01346 Bestway Inflatables and Material Corp. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

Date :6/3/2023
BrandBESTWAY 泳池
Court :Northen District of Illinois
Law FirmHSP

#

Date

Document

1

March 6, 2023

COMPLAINT filed by Bestway Inflatables and Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20408816.

(Exhibit 1)

2

March 6, 2023

CIVIL Cover Sheet

3

March 6, 2023

ATTORNEY Appearance for Plaintiff Bestway Inflatables and Material Corp. by Michael A. Hierl

4

March 6, 2023

ATTORNEY Appearance for Plaintiff Bestway Inflatables and Material Corp. by William Benjamin Kalbac

5

March 6, 2023

ATTORNEY Appearance for Plaintiff Bestway Inflatables and Material Corp. by Robert Payton Mcmurray

6

March 6, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal

7

March 6, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables and Material Corp. Sealed Schedule A

8

March 6, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables and Material Corp.

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Sunil R. Harjani. 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

March 6, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

10

March 6, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. 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

March 6, 2023

MEMORANDUM by Bestway Inflatables and Material Corp. in support of motion for temporary restraining order, 10

Declaration Liu Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

12

March 6, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables and Material Corp. Exhibit 2 Part 1 of Liu Declaration

13

March 6, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables and Material Corp. Exhibit 2 Part 2 of Liu Declaration

14

March 6, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables and Material Corp. Exhibit 2 Part 3 of Liu Declaration

15

March 6, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables and Material Corp. Exhibit 2 Part 4 of Liu Declaration

16

March 6, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables and Material Corp. Exhibit 2 Part 5 of Liu Declaration

17

March 6, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables and Material Corp. Exhibit 2 Part 6 of Liu Declaration

18

March 6, 2023

Notice of Claims Involving Trademarks by Bestway Inflatables and Material Corp.

19

March 6, 2023

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 10 before Honorable Sara L. Ellis on 3/14/2023 at 09:45 AM.

20

March 7, 2023

MAILED Trademark report to Patent Trademark Office, Alexandria VA

21

March 7, 2023

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

22

March 13, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal 6, for leave to file excess pages 9, and entry of a temporary restraining order 10. The Court sets a status date for 3/28/2023 at 9:30 a.m. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

March 23, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

24

March 23, 2023

NOTICE of Motion by Michael A. Hierl for presentment of extension of time[23] before Honorable Sara L. Ellis on 3/28/2023 at 09:30 AM.

25

March 24, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order 23. The Court extends the TRO through 4/7/2023. The Court strikes the status date set for 3/28/2023 and resets it to 4/6/2023 at 1:30 p.m. Plaintiff should file a motion for preliminary injunction and notice it for the presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

April 3, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

27

April 3, 2023

NOTICE of Motion by Michael A. Hierl for presentment of extension of time[26] before Honorable Sara L. Ellis on 4/6/2023 at 01:30 PM.

28

April 3, 2023

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sara L. Ellis on 4/3/2023. Mailed notice.

29

April 4, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of time 26. The Court entered the TRO on 3/24/2023 and the TRO expires on 4/7/2023. The Court grants the first extension of the TRO through 4/21/2023. The Court strikes the status date set for 4/6/2023 and resets it to 4/20/2023 at 1:30 p.m. Plaintiff should file any motion for preliminary injunction and notice it to the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

30

April 4, 2023

SURETY BOND in the amount of $ 10,000.00 posted by Bestway Inflatables and Material Corp. (Document not scanned).

31

April 19, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order as to Defendant Nos. 5-65, 86-108 and 110-120

Exhibit 1

(Exhibit 2)

32

April 19, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-4, 66-85, 109 and 121

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

33

April 19, 2023

MEMORANDUM by Bestway Inflatables and Material Corp. in support of motion for preliminary injunction 32

34

April 19, 2023

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 32

35

April 19, 2023

NOTICE of Motion by Michael A. Hierl for presentment of extension of time, 31, motion for preliminary injunction 32 before Honorable Sara L. Ellis on 4/25/2023 at 09:45 AM.

36

April 19, 2023

SUMMONS Returned Executed by Bestway Inflatables and Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/19/2023, answer due 5/10/2023.

37

April 20, 2023

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 4/20/2023. Plaintiff's ex parte motion to extend the temporary restraining order as to Defendant Nos. 5-65, 86-108 and 110-120 is denied. Plaintiff's motion for entry of a preliminary injunction against Defendant Nos. 1-4, 66-85, 109 and 121 [32] is granted. The Law Firm of Hughes Socol PIers Resnick & Dym Ltd is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website located at www.ilnd.uscourts.gov/instructions. Telephone Conference set for 5/18/2023 at 1:45 PM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

38

April 24, 2023

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sara L. Ellis on 4/24/2023:Mailed notice

NEW PARTIES: deaseighrunfx, dgdra9, teighulkp, zhimei003, 3K Digital Store, A35I Store, A67P Store, AU 13 Store, Baby Town Store, Be Warm Home Store, beautiful life 88 Store, Bicycl Accessories Store, Bodybuilding Shaping Store, Cool Living Online Store, Daliy Supplies Store, Digital Tech Store, FUN DAY Store, Fun decorative D Tool Store, GT GT Store, hanan life Store, Happyy life online Store Store, Home appliance Store Store, HOT Good Store, House Light Life Store, Hydrangea Madam Store, Innovation Accessories Factory Store, It is up to you Store, Kitchen Cooking Tool Store, Lengend S-e-a Beach Store, Life Exercise Store, Lights Tools Store, love city love life6868, Meinianjia electrical appliances Store, Missy he s Store, Moonmoon686 Store, NLs-House Store, ODP outdoors Store, OUTDOORS ATHLETICS Store, Pick Me Pick Me Pick Me Up Store, Purchasing Mall Store, Ryan-Outdoor products Store, Ryan-Sporting goods Store, Shop1100051214 Store, Shop1100121006 Store, Shop1100169293 Store, Shop1100180316 Store, Shop1102161368 Store, Shop1102212289 Store, Shop1102372815 Store, Shop1102471165 Store, Shop1102472159 Store, Shop1102475201 Store, Shop1102481079 Store, Shop1102483247 Store, Shop1102485166 Store, Shop5008436 Store, Shop5665038 Store, Shop911041051 Store, Shop912624964 Store, Spring Gardening Store, TOOL Big sell Store and WARMS HOUSE Store added to case caption.

NEW PARTIES: You Belong With Me Store, YoYo-Home Store, Zoes Tools Store, crushe81, fiee-ki, hdjkhdjk1, jiuyun32, joltio895, thyt-10, tut383145, derakasdr, Jakeaa, Maomaoloveme, mcaivhvw, setoughskjpf, sithetmlfnbs, sleighthshqqqe, teethasjeyesu, thesoaxhik, BELIeve-L, Furnace Queen, Less Work, XDDID, A88 Life Tool Store, AhOutdoors Entertainment Store, Beautiful Day 21 Store, BELOVING Musical Instrument Store, Characteristic Life Store, Good GO Store, Hero Personal Store, Is Sunflowers Store, isfriday - HomeLife Tool Store, LILI TOOL 01 Store, living FUHO Store, Moms buy some toys Store, Pink Marie Store, Shop1100114017 Store, Shop5889491 Store, Shop910569245 Store, Shop911198212 Store, Small Supplies Store, sport tools Store, toyenjoy Store, Youvogue Store, Zimosz Store, Zitour Officially Store Store, bei10 Store, Gu an Xinye Environmental Protection Equipment Manufacturing Co., Ltd., Hebei Lianrun Automobile Parts Co., Ltd., Hee Yoo Purification Technology Co.,Ltd., Huaian FUDIRUN Outdoor Gears Co., Ltd, Jiaxing Easy Vac Co., Ltd., Jietai Purification Tech Co., Ltd., Nantong Kangjing Environmental Protection Technology Co., Ltd., Ningbo Dropship International Co., Ltd., Shanghai Meixin Industrial Co., Ltd., Tianjin Tianchuang Best Pure Environmental Science And Technology Co., Ltd., Wuhan Huanyu Lianhua International Trade Co., Ltd. and pu jue qiang added to case caption.

39

April 25, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables and Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 120

40

May 8, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables and Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

41

May 18, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 5/18/2023 and resets it to 5/31/2023 at 9:30 a.m. Plaintiff should file and notice for presentment at the next status date any motion for entry of default judgment. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

42

May 18, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 5-65, 86-108 and 110-120

43

May 18, 2023

MEMORANDUM by Bestway Inflatables and Material Corp. in support of motion for preliminary injunction 42

44

May 18, 2023

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 42

45

May 18, 2023

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 42 before Honorable Sara L. Ellis on 5/23/2023 at 09:30 AM.

46

May 19, 2023

SUMMONS Returned Executed by Bestway Inflatables and Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/18/2023, answer due 6/8/2023.

47

May 22, 2023

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction 42. The Law Firm of Hughes Socol PIers Resnick & Dym Ltd is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the Court's website located at www.ilnd.uscourts.gov/instructions. The Court strikes the status date set for 5/31/2023 and resets it to 7/11/2023 at 9:30 a.m. Plaintiff should file and notice for presentment at the next status date any motion for default judgment. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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

48

June 7, 2023

PRELIMINARY INJUNCTION ORDER AGAINSTDEFENDANT NOS. 5-65, 86-108 AND 110-120. Signed by the Honorable Sara L. Ellis on 6/7/2023:Mailed notice

49

June 14, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. Agreed Motion to Reduce the Asset Restraint of Defendant Tianjin Tianchuang Best Pure Environmental Science and Technology Co., Ltd.

50

June 14, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables and Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

51

June 16, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables and Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 113, 114

52

June 20, 2023

ATTORNEY Appearance for Defendant Hebei Lianrun Automobile Parts Co., Ltd. by Haipeng Xiao

53

June 20, 2023

MOTION by Defendant Hebei Lianrun Automobile Parts Co., Ltd. for extension of time to file answer

54

June 29, 2023

MOTION by Defendant Hebei Lianrun Automobile Parts Co., Ltd. for leave to file Answer or Otherwise Plead

55

July 5, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables and Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 117

56

July 6, 2023

DECLARATION of William B. Kalbac Declaration of Service

57

July 6, 2023

DECLARATION of Robert P. McMurray Declaration of Service

58

July 6, 2023

MOTION by Plaintiff Bestway Inflatables and Material Corp. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

59

July 6, 2023

MEMORANDUM by Bestway Inflatables and Material Corp. in support of motion for default judgment 58

Exhibit 1

(Exhibit 2)

60

July 6, 2023

DECLARATION of Michael A. Hierl regarding motion for default judgment 58

(Exhibit Hierl Exhibit 1)

61

July 6, 2023

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 58 before Honorable Sara L. Ellis on 7/11/2023 at 09:30 AM.

62

July 11, 2023

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 7/11/2023. Agreed motion to reduce the asset restraint of Defendant Tianjin Tianchuang Best Pure Environmental Science and Technology Co., Ltd 49 is granted. Defendant Hebei Lianrun Automobile Parts Co., Ltd.'s motion for leave to answer or otherwise plead 53 is granted. Defendant Hebei Lianrun Automobile Parts Co., Ltd.'s motion for leave to answer or otherwise plead 54 is granted. Plaintiff's motion for entry of default and default judgment against the Defendants identified in amended Schedule A 58 is granted. Civil case terminated. Mailed notice

63

Aug. 3, 2023

SATISFACTION of Judgment

64

Sept. 13, 2023

SATISFACTION of Judgment

65

Sept. 28, 2023

DEFAULT JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 9/26/2023:Mailed notice

66

Oct. 3, 2023

SATISFACTION of Judgment

67

Oct. 19, 2023

SATISFACTION of Judgment

68

Nov. 20, 2023

SATISFACTION of Judgment

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