2023-cv-15305

2023-cv-15305 Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :10/25/2023
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

Oct. 25, 2023

COMPLAINT filed by Spin Master Ltd., Spin Master Toys UK Limited; Filing fee $ 402, receipt number AILNDC-21257916.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

2

Oct. 25, 2023

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Schedule A regarding complaint[1]

3

Oct. 25, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for leave to file under seal

4

Oct. 25, 2023

CIVIL Cover Sheet

5

Oct. 25, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master Toys UK Limited

6

Oct. 25, 2023

Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master Toys UK Limited

7

Oct. 25, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin R. Gaudio

8

Oct. 25, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Amy Crout Ziegler

9

Oct. 25, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Justin Tyler Joseph

10

Oct. 25, 2023

ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited by Trevor Christian Talhami

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Civil Category 2). (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.)

11

Oct. 26, 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

12

Oct. 26, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for temporary restraining order 11

13

Oct. 26, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

14

Oct. 26, 2023

DECLARATION of Chris Harrs regarding memorandum in support of motion 12

(Exhibit 1)

15

Oct. 26, 2023

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 2 - Parts 1-7 regarding declaration 14

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

(Exhibit 2-7)

16

Oct. 26, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

17

Oct. 26, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for miscellaneous relief 16

18

Oct. 26, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

19

Oct. 26, 2023

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 11, motion for leave to file 3, motion for miscellaneous relief 16 before Honorable John Robert Blakey on 11/1/2023 at 11:00 AM.

20

Oct. 31, 2023

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 [3] and motion for electronic service of process [16]. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [11]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 11/14/23. The 11/1/23 Notice of Motion date is stricken. Mailed notice

21

Oct. 31, 2023

SEALED ORDER Signed by the Honorable John Robert Blakey on 10/31/2023. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

22

Nov. 3, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for extension of time of Temporary Restraining Order

23

Nov. 3, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of extension of time 22

(Declaration of Justin T. Joseph)

24

Nov. 3, 2023

NOTICE of Motion by Justin Tyler Joseph for presentment of extension of time 22 before Honorable John Robert Blakey on 11/8/2023 at 11:00 AM.

25

Nov. 3, 2023

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 22 to extend the temporary restraining order entered 10/31/23 21. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 11/28/23. The 11/8/23 Notice of Motion date is stricken. Mailed notice

26

Nov. 3, 2023

SURETY BOND in the amount of $ 10,000 posted by Spin Master Ltd., Spin Master Toys UK Limited. (Document not Scanned)

27

Nov. 13, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to a certain Defendant

28

Nov. 14, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to substitute party

29

Nov. 14, 2023

SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited Exhibit 1 regarding MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to substitute party [28]

30

Nov. 14, 2023

NOTICE of Motion by Trevor Christian Talhami for presentment of motion to substitute party[28] before Honorable John Robert Blakey on 11/22/2023 at 11:00 AM.

31

Nov. 16, 2023

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 27, the Court hereby dismisses this case without prejudice as to Defendant collectrooming (No. 68). Absent reinstatement by 8/16/23, the dismissal as to these Defendants shall automatically convert to a dismissal with prejudice. The Court grants Plaintiff's motion to substitute Defendant Joybuy Marketplace(Selection) (No. 114) with the name "Guangzhou Force smooth trading Co., LTD," to appear at that same line on Schedule A. The 11/22/23 Notice of Motion date is stricken. Mailed notice

32

Nov. 21, 2023

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited for preliminary injunction as to Certain Defendants

(Exhibit A)

33

Nov. 21, 2023

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for preliminary injunction 32

Declaration of Justin T. Joseph

(Exhibit 1)

34

Nov. 21, 2023

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 32 before Honorable Sara L. Ellis on 11/28/2023 at 09:45 AM.

(Exhibit A)

35

Nov. 21, 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 11/21/2023, answer due 12/12/2023.

Declaration of Trevor C. Talhami

(Exhibit A)

36

Nov. 21, 2023

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 32 before Honorable John Robert Blakey on 11/28/2023 at 11:00 AM.

(Exhibit A)

37

Nov. 28, 2023

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 11/28/2023. Plaintiff appeared, but no Defendants appeared or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [32]. Accordingly, and based upon the same findings made in this Court's TRO [21], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [32]. Enter Preliminary Injunction Order. 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. Status hearing set for 1/23/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice

38

Nov. 28, 2023

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 11/28/2023. Mailed notice

NEW PARTIES: Changsha Ox Arts & Crafts Co., Ltd., Changsha Wodemore Technology Co., Ltd., Dongyang Walrus Commodity Co.,ltd., Hangzhou Fabulang Enterprise Co., Ltd., Hangzhou Jiusi Import And Export Co., Ltd., Quanzhou Scentmile Crafts Co., Ltd., Shenzhen Mingzhi Yide Technology Co., Ltd., Yiwu Jachon Fashion Jewelry Co., Ltd., Yiwu Xinxing Jewelry Co., Ltd., Yiwu Yanrui Arts& Crafts Co., Ltd., Yiwu Youcan Imp. & Exp. Co., Ltd., Yuanhong Garment Accessory Co., Ltd., A23DG6YLSVK1ZU, A2E5HZUIOYS1LB, A2UFJ4HNJ3I0QL, A3OPZX83WGEMCD, A7NGNV1CS3440, Alusvcele, ANXIN STORE, Bukefuno Cuber, CAIYUANGJ, Carino Jewelry, Doll-house, fuzhouxinye, haikoushiyingbaoshangmaoyouxiangongsi, HuTeng, Jieleshidai, jiemingshuma, JoyTown, JunGuoMaoYi, KOEDLN, Mansheng, Melanie Hyter, Moon Mailing, Premium Customization, Real fun store, Roundshop Jewelry, RUIZHEN, Sayring, SKNGMO, Spiritrain, sszdd, SuchinmL, WFZS SHOP, tianzhanwangluokeji, U-TOY, VOVEA USA, WEIPENGFLY, WEISHINEW, XiAnBaiHuoDian, XIAOYUDRAGON, Xing-Star Online, xinguanhao company, yangxiaoyanyanyan, yiquanshanghang, ZHANGDELIN, zhicongjj283, ZONEXAO, CaiZhiToys, carshop2006, household_artist, prinz_heinrich, xiaola_store, 8ms8rbx7, abyss_755, acvdc-27, cha5-94, dt-quanquan, fangy_2290, fuli268, hongkongmurphyent0, horlez45, igan32, lwy9845, meadow977, nj1254, color4will, osmancomp0, pygyzpo-32, sejel42, smarthea_0, songta-36, spc8_lmmall, starictechn_0, Starlight Jewelry Stone Store, sunmoon-820, sunyounggr_0, suq_8971, takic_74, tiksangtra-0, totointernat_0, tqs-16, ChengYuan, Future of fashion, Future Toys, Grabetter, JRXDZB, JRXDZZ, Orlabno, QUALITY LIFES, Summer Wik, Tan Jun International boutique, wengshan, Yifeichogtian, BELLEGAL, BLESSAMEN, CSun Co.ltd, DabuLiu, Deapert, D-FantiX, foshantaikaigemaoyiyouxiangongsi, ISHANTECH, Joybuy Marketplace(Selection), kunminghuireng Co. ltd, LEAOU Co. Ltd, LovelyWholesale, MYTJLSMYXGS Store, PAWPAW, PENGYD, Shuoshi Trading, Sishang Household, VATENIC, Yuhao, zhengqian store, zhongheshangmao and ZUOYILI added to case caption. (Text entry; no document attached.)

39

Nov. 30, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

40

Dec. 7, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

41

Dec. 8, 2023

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [39], the Court hereby dismisses this case without prejudice as to Defendant tianzhanwangluokeji (No. 45). Absent reinstatement by 9/6/24, the dismissal shall automatically convert to a dismissal with prejudice as to this Defendant. Mailed notice

42

Dec. 9, 2023

MOTION by Defendant D-FantiX to dismiss for lack of jurisdiction under Rule 12(b)(2)

Memorandum of Law

43

Dec. 11, 2023

ATTORNEY Appearance for Defendant D-FantiX by Lance Y. Liu

44

Dec. 11, 2023

MOTION by Defendant D-FantiX for extension of time

45

Dec. 11, 2023

SUMMONS Returned Executed by Spin Master Toys UK Limited, Spin Master Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/11/2023, answer due 1/1/2024.

Declaration of Trevor C. Talhami

Exhibit A

46

Dec. 14, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

47

Dec. 21, 2023

STIPULATION of Dismissal

48

Dec. 21, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

49

Dec. 28, 2023

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendants

50

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.

51

Jan. 2, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal [40], [46], [48], [49], the Court hereby dismisses this case without prejudice under Rule 41(a) as to the following Defendants: Bukefuno Cuber (No. 20); Doll-house (No. 23); Mansheng (No. 32); RUIZHEN (No. 38); Spiritrain (No. 41); WEIPENGFLY (No. 48); WEISHINEW (No. 49); dt-quanquan (No. 69); fuli268 (No. 71); tqs-16 (No. 93); ISHANTECH (No. 113); PENGYD (No. 120); VATENIC (No. 123); Sayring (No. 39); SuchinmL (No. 43); xinguanhao company (No. 53); ANXIN STORE (No. 19); Carino Jewelry (No. 22); JoyTown (No. 29); KOEDLN (No. 31); Roundshop Jewelry (No. 37); U-TOY (No. 46); VOVEA USA (No. 47); Grabetter (No. 97); Changsha Wodemore Technology Co., ltd. (No. 2); Shenzhen Mingzhi Yide Technology Co., ltd. (No. 7); Yiwu Jachon Fashion Jewelry Co., Ltd. (No. 8); Yiwu Yanrui Arts& Crafts Co., ltd. (No. 10); Yuanhong Garment Accessory Co., ltd. (No. 12); Color4will (No. 78); Starlight Jewelry Stone Store (No. 86);DabuLiu (No. 109); PAWPAW (No. 119); and Shuoshi Trading (No. 121). Absent reinstatement by 9/27/24, the dismissal shall automatically convert to a dismissal with prejudice as to this Defendant. Additionally, by stipulation [47], this case is hereby dismissed with prejudice as to Defendant D-FantiX (No. 111). The Court denies as moot Defendant D-FantiX's motions to dismiss [42] and extend time [44]. The Court strikes the 1/23/24 status hearing and orders Plaintiff to file a status report by 1/30/24. Mailed notice

52

Jan. 4, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

53

Jan. 4, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 52, Defendant Guangzhou Force smooth trading Co., LTD is dismissed without prejudice with leave to reinstate within 270 days of the entry of this order. Absent reinstatement, this defendant will be dismissed with prejudice. Mailed notice

54

Jan. 10, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to a certain Defendant

55

Jan. 10, 2024

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

56

Jan. 10, 2024

MEMORANDUM by Spin Master Ltd., Spin Master Toys UK Limited in support of motion for entry of default, motion for default judgment, [55]

Exhibit 1

57

Jan. 10, 2024

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[56]

Exhibit 1

58

Jan. 10, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for entry of default, motion for default judgment, [55] before Honorable John Robert Blakey on 1/17/2024 at 11:00 AM.

Exhibit A

59

Jan. 11, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 54, the Court dismisses this matter without prejudice as to Defendant Orlabno (No. 100). Absent reinstatement by 9/11/24, this dismissal shall automatically convert to a dismissal with prejudice. Additionally, the Court strikes the 1/17/24 Notice of Motion date and resets the hearing on Plaintiff's motion for default and default judgment 55 to 1/24/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

60

Jan. 18, 2024

MOTION by Plaintiffs Spin Master Ltd., Spin Master Toys UK Limited to approve consent judgment as to defendant MYTJLSMYXGS Store

(Exhibit A)

61

Jan. 18, 2024

NOTICE of Motion by Justin Tyler Joseph for presentment of motion to approve consent judgment 60 before Honorable John Robert Blakey on 1/24/2024 at 11:00 AM.

(Exhibit A)

62

Jan. 18, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to certain defendant

63

Jan. 22, 2024

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [62], the case is dismissed without prejudice as to Defendant Hangzhou Jiusi Import And Export Co., Ltd. (No. 5). Absent reinstatement by 10/16/24, this dismissal shall automatically convert to a dismissal with prejudice. Additionally, the Court grants Plaintiff's agreed motion for entry of a consent judgment as to Defendant MYTJLSMYXGS Store (Defendant No. 118). Enter Consent Judgment. The 1/24/24 Notice of Motion date is stricken as to this motion, but stands as to Plaintiff's motion for default [55]. Mailed notice

64

Jan. 22, 2024

CONSENT JUDGMENT AS TO DEFENDANT MYTJLSMYXGS STORE Signed by the Honorable John Robert Blakey on 1/22/2024. Mailed notice

65

Jan. 23, 2024

NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master Toys UK Limited as to a certain Defendant

66

Jan. 24, 2024

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 1/24/2024. The Court grants Plaintiff's motion for entry of default and default judgment as to all remaining Defendants 55. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice.

67

Jan. 24, 2024

FINAL JUDGMENT ORDER. Signed by the Honorable John Robert Blakey on 1/24/2024. Mailed notice.

68

Feb. 1, 2024

FULL SATISFACTION of Judgment regarding order 67 in the amount of $500,000 as to certain defendant

69

June 13, 2024

FULL SATISFACTION of Judgment regarding order 67 in the amount of $500,000 as to certain defendants

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