2023-cv-01961

2023-cv-01961 Bestway Inflatables & Material Corp. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

Date :3/29/2023
BrandBESTWAY 泳池
Court :Northen District of Illinois
Law FirmHSP

#

Date

Document

1

March 29, 2023

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20487246.

(Exhibit 1)

2

March 29, 2023

CIVIL Cover Sheet

3

March 29, 2023

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

4

March 29, 2023

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

5

March 29, 2023

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

6

March 29, 2023

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

7

March 29, 2023

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

8

March 29, 2023

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

CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. 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 29, 2023

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

10

March 29, 2023

MOTION by Plaintiff Bestway Inflatables & 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 29, 2023

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

Declaration Li Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

12

March 29, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration

13

March 29, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration

14

March 29, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration

15

March 29, 2023

SEALED DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration

16

March 29, 2023

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

17

March 30, 2023

MAILED trademark report to Patent Trademark Office, Alexandria VA

18

March 30, 2023

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

19

March 30, 2023

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for leave to file under seal 6 is granted. Plaintiff's motion to exceed page limitation 9 is granted. Plaintiff's ex parte motion for entry of a Temporary restraining order 10 is granted. Order to enter. Mailed notice.

20

March 30, 2023

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2023. Mailed notice.

21

April 4, 2023

SURETY BOND in the amount of $ 10,000 posted by Bestway Inflatables & Material Corp. (Document not imaged)

22

April 10, 2023

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

23

April 12, 2023

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER: THIS CAUSE coming before the Court on Plaintiff BESTWAY INFLATABLES & MATERIAL CORP.'s Ex Parte Motion to Extend the Temporary Restraining Order, and this Court, having considered the matter, hereby GRANTS Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order. This extension is justified by the same circumstances that justified issuance of the initial TRO and the need to effectuate the initial TRO without notifying the Defendants. Accordingly, the existing Temporary Restraining Order is extended for an additional fourteen (14) days to and including April 27, 2023. Signed by the Honorable Rebecca R. Pallmeyer on 4/12/2023. Mailed notice.

24

April 20, 2023

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

25

April 21, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 60, 69, 77

26

April 24, 2023

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

27

April 25, 2023

MOTION by Plaintiff Bestway Inflatables & Material Corp. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

28

April 25, 2023

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for preliminary injunction[27]

29

April 25, 2023

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction[27]

30

April 26, 2023

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/26/2023, answer due 5/17/2023.

31

April 26, 2023

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

32

April 26, 2023

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for entry of a preliminary injunction 27 is granted. Order to enter. The Law Firm of Hughes Socol Piers Resnick & Dym, Ltd. is ordered to add all defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf.Mailed notice.

33

April 26, 2023

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Rebecca R. Pallmeyer on 4/26/2023: Mailed notice

NEW PARTIES: abelard1013, banglu63, caider3wy6, donho-8857, eugene1637, fierceman007, hongkongmel_0, kunmingbupengnusha_0, lanxia-21, liweqully63, neadsalv-94, pinxia_27, tuye3954, zhouhan-5, zhuoshan880, zyc8468641, jiding880722, xingyueheng, guardung, Magical Rainbow, Martokay, Redempion, shanxizhanqitong, ambrothers, asher_9609, awesome-king, best_of_harvests, best-shopping-with-us, cheah-30, chenhai-62, cuitianyis, dilmad68, dinh-4009, dopedo41, everydaypromotion, fantastic_destiny, futan1688, fuxiawan-0, guanx_5130, huanfawooc, ineffable-10, jiabaoelectro0, jingxiangmaoyi, jskmk3, khphun-30, kuguan-82, legend006, lifeilove33, love_jillee, luohedaihaishang-0, maheshidissanayake, maizibake_0, mickey2875, ngctng99, Ngnh-88, nguye_5545, provence_demon, sanglikgeihardwarere0, thith_6263, twinkle_cute, vietdong_6, vu0548, weng232 and yingenuous added to case caption.

NEW PARTIES: CXYZM Brand complaint, ailix, AINAG, andygor, Anzemax, Aqestyerly, AutoWild, Baize Electronic Commerce Co., Ltd., Beeiee, Bfoison, CVILL, Dongguan Qiyan Sports Goods Co., Ltd., Dream Tool, ECOPOOLTECH, Etotal Global US, fansfly, FELHOOD, goodyusstore, HEZEPLAY, JIUDIAORIYONG, JXLXYY, kezhun-us, Laiwanqu, LOFIU, LWjingyingbu, MAPOTAD, newReach, Rsoise, RUIXUPLAY, shia, slina, Teuopioe, Trees in Autumn, Wring, XJ Betta, XY-outdoors, YiGeLa, YPSLZY, zhanghf, ZRSWV, ZZDUS, AMI PARTS, aoanydony, Beauty And Health Expert, GDFIH, Kironypik, Litchi House, liuaodq, Ningduxian Wuyi Dianzi Shangwu Youxian Gongsi, SALEBRY, sanyapengpeiwangluo, seronyiar and YiTOP Co. Ltd added to case caption.

34

May 1, 2023

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

35

May 2, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 34, 36, 48

36

May 9, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 6, 78, 81

37

May 12, 2023

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

38

May 17, 2023

ATTORNEY Appearance for Defendant YiTOP Co. Ltd by Larry Ford Banister, II Defendant No. 117, YiTOP Co. Ltd

39

May 17, 2023

ANSWER to Complaint with Jury Demand by YiTOP Co. Ltd

(Exhibit)

40

May 18, 2023

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

41

May 23, 2023

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

42

May 25, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 96

43

May 31, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 105

44

June 1, 2023

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 68, 86

45

June 15, 2023

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

46

June 27, 2023

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

47

Aug. 8, 2023

DECLARATION of William B. Kalbac Declaration of Service

48

Aug. 8, 2023

MOTION by Plaintiff Bestway Inflatables & 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

49

Aug. 8, 2023

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment 48

Exhibit 1

(Exhibit 2)

50

Aug. 8, 2023

DECLARATION of Michael A. Hierl regarding motion for default judgment 48

(Exhibit Hierl Exhibit 1)

51

Aug. 8, 2023

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for entry of default and default judgment against the defendants identified in amended schedule A 48 is granted against all remaining defendants except for Defendant No. 117 "YiTop Co. Ltd." Order to enter. Mailed notice.

52

Aug. 8, 2023

FINAL JUDGMENT ORDER: Signed by the Honorable Rebecca R. Pallmeyer on 8/8/2023. Mailed notice.

53

Aug. 10, 2023

SATISFACTION of Judgment

54

Oct. 9, 2023

SATISFACTION of Judgment

55

Dec. 28, 2023

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 12/28/2023: Mailed notice.

56

Jan. 5, 2024

SATISFACTION of Judgment

57

March 20, 2024

Notice of Settlement by Bestway Inflatables & Material Corp.

58

March 22, 2024

LIMITED APPEARANCE FOR SETTLEMENT by Michael Thomas Stanley for Defendant YiTOP Co. Ltd

59

March 22, 2024

STIPULATION of Dismissal

60

March 22, 2024

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Pursuant to the Stipulation of Voluntary Dismissal 59 as to the remaining defendant No. 117 "YiTOP Co. Ltd", this case is dismissed without prejudice as to this defendant. Each party shall bear its own attorney's fees and costs. Civil case terminated. Mailed notice.

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