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# |
Date |
Document |
|---|---|---|
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1 |
March 10, 2023 |
COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 402, receipt number AILNDC-20428335. Exhibit 1 Exhibit 2 Exhibit 3 (Exhibit 4) |
|
2 |
March 10, 2023 |
SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint 1 |
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3 |
March 10, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal |
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4 |
March 10, 2023 |
CIVIL Cover Sheet |
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5 |
March 10, 2023 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited |
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6 |
March 10, 2023 |
Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited |
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7 |
March 10, 2023 |
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio |
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8 |
March 10, 2023 |
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler |
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9 |
March 10, 2023 |
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin Tyler Joseph |
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10 |
March 10, 2023 |
ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Maria Valdez. 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.) |
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11 |
March 13, 2023 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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12 |
March 13, 2023 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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13 |
March 14, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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14 |
March 14, 2023 |
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order 13 |
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15 |
March 14, 2023 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 Exhibit 1 Exhibit 2 Exhibit 3 (Exhibit 4) |
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16 |
March 14, 2023 |
DECLARATION of Chris Harrs regarding memorandum in support of motion 14 (Exhibit 1) |
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17 |
March 14, 2023 |
SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Parts 1-6 regarding declaration 16 Exhibit 2-1 Exhibit 2-2 Exhibit 2-3 Exhibit 2-4 Exhibit 2-5 (Exhibit 2-6) |
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18 |
March 14, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limitedfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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19 |
March 14, 2023 |
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief 18 |
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20 |
March 14, 2023 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 Exhibit 1 (Exhibit 2) |
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21 |
May 10, 2023 |
MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 13, and motion for electronic service of process 18 are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 17. The accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
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22 |
May 10, 2023 |
SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 5/10/2023. Mailed notice. |
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23 |
May 16, 2023 |
SURETY BOND in the amount of $ 10,000.00 posted by Spin Master Ltd., Spin Master Toys UK Limited. (Document not imaged) |
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24 |
May 19, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction (Exhibit A) |
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25 |
May 19, 2023 |
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction 24 SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.) Declaration of Justin T. Joseph (Exhibit 1) |
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26 |
May 19, 2023 |
SUMMONS Returned Executed by Spin Master Ltd., Spin Master Toys UK Limited as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/19/2023, answer due 6/9/2023. Declaration of Trevor C. Talhami (Exhibit A) |
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27 |
May 25, 2023 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [24] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by 5/31/2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). If this extension exceeds the maximum duration for a TRO under FRCP 65(b), the extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
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28 |
May 26, 2023 |
CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited regarding text entry, 27 (Exhibit A) |
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29 |
June 1, 2023 |
MOTION by Defendants Hong Kong Lesheng Technology Co., Ltd., Yiwu Youquan Toys Co., Ltd., Dongguan Beiguo Information Technology Co., Ltd., Dongguan Lanxian Information Technology Co., Ltd., Donguan Shantuo Electric Commerce Co., Ltd., Shenzhen Damei Jewelry Co., Ltd., Guangzhou Qunying Technology Co., Ltd. a, Qinghua Wu for extension of time to file response/reply as to text entry, 27 |
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30 |
June 1, 2023 |
ATTORNEY Appearance for Defendants Dongguan Beiguo Information Technology Co., Ltd., Dongguan Lanxian Information Technology Co., Ltd., Donguan Shantuo Electric Commerce Co., Ltd., Guangzhou Qunying Technology Co., Ltd. a, Hong Kong Lesheng Technology Co., Ltd., Shenzhen Damei Jewelry Co., Ltd., Qinghua Wu, Yiwu Youquan Toys Co., Ltd. by Edward Chen |
|
31 |
June 1, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants |
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32 |
June 4, 2023 |
MINUTE entry before the Honorable John F. Kness: Motion 29 by Defendants Hong Kong Lesheng Technology Co., Ltd., Yiwu Youquan Toys Co., Ltd., Dongguan Beiguo Information Technology Co., Ltd., Dongguan Lanxian Information Technology Co., Ltd., Donguan Shantuo Electric Commerce Co., Ltd., Shenzhen Damei for extension of time to file response to the pending motion for a preliminary injunction is granted. Response due by 6/9/2023. Mailed notice |
|
33 |
June 8, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants |
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34 |
June 9, 2023 |
ATTORNEY Appearance for Defendants salmue, Goaus, LWG shop, partyfun by Timothy Tiewei Wang |
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35 |
June 9, 2023 |
RESPONSE by Dongguan Beiguo Information Technology Co., Ltd., Dongguan Lanxian Information Technology Co., Ltd., Donguan Shantuo Electric Commerce Co., Ltd., Guangzhou Qunying Technology Co., Ltd. a, Hong Kong Lesheng Technology Co., Ltd., Shenzhen Damei Jewelry Co., Ltd., Qinghua Wu, Yiwu Youquan Toys Co., Ltd.in Opposition to MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction [24] |
|
36 |
June 12, 2023 |
MOTION by Defendants Goaus, LWG shop, partyfun, salmue for extension of time to file answer regarding complaint[1] |
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37 |
June 13, 2023 |
ATTORNEY Appearance for Defendants Bingole Online (A263N6OVS50SKP), Ronshion Online (A2MCX4H0Q8SWDM) by Christopher Paul Keleher |
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38 |
June 13, 2023 |
MOTION by Defendants Bingole Online (A263N6OVS50SKP), Ronshion Online (A2MCX4H0Q8SWDM) for extension of time to file answer UNOPPOSED |
|
39 |
June 14, 2023 |
MINUTE entry before the Honorable John F. Kness: Defendants' Unopposed Motions for extension of time to answer [36] [38] are granted. Defendants Goaus, LWG shop, partyfun, and salmue must answer or otherwise plead to Plaintiffs' complaint on or before 7/3/2023; Defendants Bingole Online (A263N6OVS50SKP) and Ronshion Online (A2MCX4H0Q8SWDM) must answer or otherwise plead to Plaintiffs' complaint on or before 7/5/2023. Mailed notice |
|
40 |
June 14, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to strike response in opposition to motion, [35], attorney appearance, [30] Exhibit 1 |
|
41 |
June 15, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants |
|
42 |
June 22, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants |
|
43 |
June 29, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants |
|
44 |
July 3, 2023 |
ATTORNEY Appearance for Defendant Eunvabir by Timothy Tiewei Wang |
|
45 |
July 3, 2023 |
MOTION by Defendant Eunvabir for extension of time to file answer regarding complaint[1] |
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46 |
July 3, 2023 |
ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by salmue, LWG shop, Eunvabir, partyfun against Spin Master Ltd., Spin Master Toys UK Limited. by salmue, LWG shop, Eunvabir, partyfun |
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47 |
July 3, 2023 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Eunvabir, LWG shop, partyfun, salmue |
|
48 |
July 5, 2023 |
MINUTE entry before the Honorable John F. Kness: Defendant Eunvabir's unopposed motion [45] for an extension of time to answer is granted. Plaintiffs' motion [40] to strike a response [35] and attorney appearance [30] is granted for the reasons provided by Plaintiffs; no response to the motion was filed, and in any event, the Court cannot find any evidence that any of the putative defendants listed in the response [35] are actually defendants in this case. Accordingly, the motion to strike [40] is granted. See Local Rule 5.6. Plaintiff's motion for a preliminary injunction [24] is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [28] that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any Defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the Court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Mailed notice |
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49 |
July 5, 2023 |
PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 7/5/2023. Mailed notice |
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50 |
July 5, 2023 |
MOTION by Defendant Ronshion Online (A2MCX4H0Q8SWDM) for extension of time to file answer UNOPPOSED NEW PARTIES: 5 STROKES, A2Q3T8QC07YS6Z, Beoneself, BFSJAG, BRICKKIDS, Buzkkoy, CJVHAD, CYFSYXGS, DaMei, DFLONG, DONGQing2312, EDsportshouse, FEEL LOVE - SOUFEEL, Giganticstore, goharu, Gu Na Li Fashion store, hhy, hiweizelinshangmaoyouxiangongsi, Hookdan, HuiTengshidai, IRRDFO, itbagstyle, I-xun, jinjiangfupimaoyiyouxiangongsi, Jo Brya, KIDSBETT, KYHUI_STORE, laotongdong, lin jian art shop, liyanghu20221, LovXine Direct, mahuajiedidian, Mantyplay, Maryviya, MaudSmed06, MODEXIAN, NANASHouse, NCAI, NEOACT, Original Color US, party sulution, pengbao123, Phimota, Powcoo, QinHangdian, QINOON, QunYing US, Rstjkbe, RYKEJI, SALEPO, Shantuo Direct, Shengshou Direct, sheswenly, SHJ888, SHOP-CX, Shopping LIfes, SMALL FISH, SPOLUX, SweFuncy, Szenest, TaLeKiKi and TBFUNNY added to case caption. (Text entry; no document attached.) |
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51 |
July 6, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant |
|
52 |
July 6, 2023 |
MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion for extension of time to answer 50 is granted. Defendant Ronshion Online (A2MCX4H0Q8SWDM) must answer or otherwise plead to Plaintiff's complaint on or before 7/19/2023. Mailed notice |
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53 |
July 13, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant |
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54 |
July 20, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants |
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55 |
July 20, 2023 |
STIPULATION of Dismissal as to Defendants Salmue, Eunvabir, LWG shop, and partyfun |
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56 |
July 27, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants |
|
57 |
July 28, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for default judgment as to all Defendants (Exhibit A) |
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58 |
July 28, 2023 |
MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, 57 (Exhibit 1) |
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59 |
July 28, 2023 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 58 (Exhibit 1) |
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60 |
July 31, 2023 |
ATTORNEY Appearance for Defendants DaMei, LovXine Direct, Mantyplay, Powcoo, QunYing US, SPOLUX, Shantuo Direct by Edward Chen |
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61 |
July 31, 2023 |
ANSWER to Complaint by DaMei, LovXine Direct, Mantyplay, Powcoo, QunYing US, SPOLUX, Shantuo Direct |
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62 |
July 31, 2023 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DaMei, LovXine Direct, Mantyplay, Powcoo, QunYing US, SPOLUX, Shantuo Direct |
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63 |
Aug. 1, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to strike answer to complaint[61] and Affirmative Defenses [61] Exhibit 1 |
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64 |
Aug. 1, 2023 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [57] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 8/7/2023. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice |
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65 |
Aug. 1, 2023 |
CERTIFICATE of Service by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited regarding order on motion for entry of default, order on motion for default judgment, terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set motion and R&R deadlines/hearings, [64] Exhibit A |
|
66 |
Aug. 2, 2023 |
MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiffs' motion to strike answer to complaint [61]. It does not appear that Plaintiffs have complied with the Court's motions policy, which is available on the Court's webpage. Specifically, the policy requires that each motion filed on the docket must state whether it is agreed or opposed. The policy also requires the parties to propose a briefing schedule (see the policy for details) if the motion is opposed. Accordingly, the motion is stricken. Plaintiffs may refile the motion, in compliance with the motions policy. Mailed notice |
|
67 |
Aug. 3, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant |
|
68 |
Aug. 4, 2023 |
MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to strike answer to complaint 61 Renewed (Exhibit 1) |
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69 |
Aug. 4, 2023 |
Proposed Briefing Schedule STATEMENT by Spin Master Ltd., Spin Master Toys UK Limited |
|
70 |
Aug. 4, 2023 |
ATTORNEY Appearance for Defendants EDsportshouse, TBFUNNY by Christopher Paul Keleher |
|
71 |
Aug. 7, 2023 |
MOTION by Defendant EDsportshouse for extension of time to file answer regarding complaint[1] (OPPOSED) |
|
72 |
Aug. 8, 2023 |
OBJECTIONS by DaMei, LovXine Direct, Mantyplay, Powcoo, QunYing US, SPOLUX, Shantuo Direct to order on motion for entry of default, order on motion for default judgment, terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set motion and R&R deadlines/hearings, [64] |
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73 |
Aug. 8, 2023 |
MINUTE entry before the Honorable John F. Kness: The filing [72] containing objections of DaMei, LovXine Direct, Mantyplay, Powcoo, QunYing US, SPOLUX, Shantuo Direct to the motion for default judgment is stricken. The deadline for any objections was 8/7/2023; the CM/ECF time stamp for reflects that these Defendants' filing was entered on 8/8/2023, which is late. Defendants did not seek leave to submit an out of time filing. Accordingly, the filing [72] is stricken. Any motion for leave to submit an out of time filing must be submitted on or before 5 p.m. CDT on 8/9/2023 and must establish "excusable neglect" for the late filing. FRCP 6(b)(1)(B). Mailed notice |
|
74 |
Aug. 8, 2023 |
RESPONSE by DaMei, LovXine Direct, Mantyplay, QunYing US, SPOLUX, Shantuo Direct to MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to strike answer to complaint[61] Renewed [68] Declaration of Edward Chen |
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75 |
Aug. 9, 2023 |
RESPONSE by Defendants DaMei, LovXine Direct, Mantyplay, QunYing US, SPOLUX, Shantuo Direct to terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set deadlines, [73] Declaration of Edward Chen |
|
76 |
Aug. 10, 2023 |
NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant |
|
77 |
Aug. 10, 2023 |
REPLY by Spin Master Ltd., Spin Master Toys UK Limited to Response 68. Docket Text Modified on 8/11/2023. (Declaration of Justin R. Gaudio) |
|
78 |
Aug. 18, 2023 |
ATTORNEY Appearance for Defendant SPOLUX by Adam Edward Urbanczyk |
|
79 |
Aug. 18, 2023 |
STIPULATION of Dismissal as to a certain Defendant |
|
80 |
Aug. 29, 2023 |
MINUTE entry before the Honorable John F. Kness: Status hearing set for 9/6/2023 at 09:30 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice |
|
81 |
Aug. 31, 2023 |
STIPULATION of Dismissal as to Defendant DaMei |
|
82 |
Aug. 31, 2023 |
STIPULATION of Dismissal as to Defendant QunYing US |
|
83 |
Sept. 6, 2023 |
MINUTE entry before the Honorable John F. Kness: Telephonic motion hearing held on 9/6/2023. Counsel for Plaintiff and counsel for Defendants LovXine Direct, Mantyplay, Powcoo, and Shantuo Direct appeared. The parties reported on the status of the case. For the reasons stated on the record, Defendants' objection [72] to Plaintiffs' motion for default judgment, response [74] to Plaintiff's renewed motion to strike/motion for leave to file an answer out of time, and motion [75] for leave to file untimely objections (incorrectly noted on the docket as a response), are stricken without prejudice. By no later than 5:00 p.m. CDT on 9/8/2023, Defendants LovXine Direct, Mantyplay, Powcoo, and Shantuo Direct must file a motion for leave to submit any out of time filings. If these Defendants choose to seek leave to make untimely submissions, Defendants must address the governing standards and include citations to relevant rules and cases. For tracking purposes, a continued motion hearing is set for 9/25/2023 at 9:30 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice |
|
84 |
Sept. 7, 2023 |
MOTION by Attorney Christopher Keleher to withdraw as attorney for EDsportshouse. New address information: Meijin Luo, Edsportshouse, Unit 101, No. 155 Qianjin Road, Xiayuan Village, Kengyuan Town Fuzhou City, Lianjiang, Fujian, China 350500 Declaration Notification of Party Contact Information |
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85 |
Sept. 8, 2023 |
MOTION by Defendants LovXine Direct, Mantyplay, Powcoo, Shantuo Direct to set aside default and for leave to file Answer [Dkt. 61] and Objections to Plaintiff's Motion for Default Judgment [72, 74, 75] instanter. (Declaration of Edward Chen) |
|
86 |
Sept. 11, 2023 |
MINUTE entry before the Honorable John F. Kness: Defendants LovXine Direct, Mantyplay, Powcoo, Shantuo Direct have filed a late motion 85 to set aside default and for leave to file an out of time answer as well as objections to Plaintiffs' motion for default judgment. Defendants' motion 85 is set for an in-person hearing in Courtroom 2125 at the Everett McKinley Dirksen United States Courthouse, 219 S. Dearborn St., Chicago IL on 9/18/2023 at 09:45 AM. Counsel for Defendants, Edward Chen, along with at least one counsel of record for Plaintiffs, must appear in person at the motion hearing. Requests to appear by telephone will be summarily denied. Any response by Plaintiffs to the motion 85 for leave must be filed on or before 9/15/2023. Counsel Edward Chen must be prepared to explain why he submitted the present motion past the explicit deadline set by the Court (see Dkt. 83) and why he did not seek separate leave to submit that late filing. The motion hearing set for 9/25/2023 is stricken. Mailed notice |
|
87 |
Sept. 11, 2023 |
MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney 84 is granted. Attorney Christopher Paul Keleher is withdrawn as counsel of record. Any appearance by substitute counsel on behalf of Defendant EDsportshouse must be filed on or before 9/18/2023. Mailed notice |
|
88 |
Sept. 15, 2023 |
RESPONSE by Spin Master Ltd., Spin Master Toys UK Limitedin Opposition to MOTION by Defendants LovXine Direct, Mantyplay, Powcoo, Shantuo Direct to set aside default and for leave to file Answer [Dkt. 61] and Objections to Plaintiff's Motion for Default Judgment [72, 74, 75] instanter. [85] Declaration of Justin R. Gaudio |
|
89 |
Sept. 16, 2023 |
MOTION by Defendants LovXine Direct, Mantyplay, Powcoo, Shantuo DirectRe: Dkt. 86 Declaration of Edward Chen Declaration of Yifei Deng |
|
90 |
Sept. 18, 2023 |
MINUTE entry before the Honorable John F. Kness: In-person status hearing held on 9/18/2023. Counsel for Plaintiff and counsel for Defendants LovXine Direct, Mantyplay, Powcoo, Shantuo Direct appeared. For the reasons stated on the record, Defendants LovXine Direct, Mantyplay, Powcoo, and Shantuo Direct are granted leave to file a single omnibus motion addressing both the issue of why Defendants should be permitted to file an out of time answer and have the previously entered default 64 vacated. Defendants' anticipated motion must be filed on or before 10/2/2023. NO EXTENSIONS. Plaintiff's response, if any, must be filed on or before 10/10/2023; no reply briefs will be allowed at this time. For tracking purposes, a telephonic status hearing is set for 10/25/2023 at 9:30 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice |
|
91 |
Oct. 2, 2023 |
STIPULATION of Dismissal as to certain Defendants (Joint) |
|
92 |
Oct. 4, 2023 |
ORDER signed by the Honorable John F. Kness on 10/4/2023: Plaintiffs' Motion for default judgment 57 is granted. Enter separate Final Judgment Order. Civil case terminated. Mailed notice |
|
93 |
Oct. 4, 2023 |
FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 10/4/2023. The ten-thousand-dollar ($10,000) surety bond posted by Spin Master Ltd. and Spin Master Toys UK Limited is hereby released to Spin Master Ltd. and Spin Master Toys UK Limited or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Mailed notice MAILED Surety Bond previously deposited with the Clerk of the Court to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail; Article No. 7019 2280 0000 0962 5650. (Text entry; no document attached.) |
|
94 |
Nov. 16, 2023 |
FULL SATISFACTION of Judgment regarding order, 93 in the amount of the judgment amount as to certain defendant |
|
95 |
Dec. 21, 2023 |
FULL SATISFACTION of Judgment regarding order, 93 in the amount of the judgment amount as to certain defendant |