2024-cv-02499

COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-21792990.

(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.

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by John Wilson

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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.)

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 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, 11

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

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 of Trent Declaration

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 of Trent Declaration

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

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO [11] is taken under advisement. The plaintiff is directed to file, under seal, a chart identifying which screenshots in the Exhibit 2 to the Trent Decl. correspond to which defendants on the schedule A. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 11 is granted. Plaintiff's motions for leave to file under seal 6 and to exceed page limitation 10 are granted. Enter temporary restraining order. Counsel is instructed ensure that future proposed orders submitted to the Court will conform to the formats used by Court for its orders in its "Schedule A" cases. Mailed notice

SEALED Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/4/2024. Mailed notice

SURETY BOND in the amount of $ 166,000 posted by Bigfoot 4x4, Inc.

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

MOTION by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Motion to Substitute Defendant and Leave to File an Amended Complaint

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 32 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 4/16/2024. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion to substitute defendant and leave to file an amended complaint 33 is granted. The Court finds that amendment to add the proposed defendant does not raise any issues of undue prejudice or delay and permitted pursuant to Rules 15(a) and 21. Mailed notice

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (Text entry; no document attached.)

MOTION by Plaintiff Bigfoot 4x4, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Against Defendant Nos. 1-159 and 162-166

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for preliminary injunction 38

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 38

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 116

CERTIFICATE of Service by John Wilson on behalf of Bigfoot 4x4, Inc.

(Exhibit A)

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction 38 is taken under advisement. Any objection or response is due before 5/2/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before May 2, 2024. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal 41 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 116 is dismissed from this case. Mailed notice

ATTORNEY Appearance for Defendant H&H Life by Huicheng Zhou

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

MEMORANDUM by H&H Life in Opposition to motion for preliminary injunction[38]

Exhibit A

Exhibit B

MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal [46] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 5, 18, 28, 71, and 126 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: Defendant H&H Life (defendant no. 88) has objected to the motion for preliminary injunction against it [46]. The plaintiff's response is due 5/3/24. The TRO will be extended against defendant H&H Life beyond the 28-day limit while the motion for preliminary injunction is pending, i.e., until the Court reaches a decision on the motion. This extension is technically a conversion of the TRO to an enforceable preliminary injunction subject to appellate review. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). Mailed notice.

MINUTE entry before the Honorable John J. Tharp, Jr: On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction as to certain defendants 38 is granted, except as to the single objecting defendant (defendant no. 88) as noted in the Court's previous order 49. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 5/8/24 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable John J. Tharp, Jr on 5/3/2024. Mailed notice

REPLY by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Reply in Support of a Preliminary Injunction Against Defendant No. 88 "H&H LIFE"

Exhibit A

Exhibit B

(Exhibit C)

MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's motion for entry of a preliminary injunction order against defendant no. 88 "H& Life" 38 is denied. Upon consideration of the objection submitted by defendant no. 88 47 and the plaintiff's reply 52, the Court is not persuaded that the plaintiff has shown a sufficient likelihood of success on the merits of its trademark claim against defendant no. 88 "H&H Life" for alleged infringement of its "BIGFOOT" word mark. The "evidence of infringement" submitted by the plaintiff shows that defendant no. 88 includes the following in its product description: "Suitable for 1/10 bigfoot climbing, off road, drifting RC cars." ECF No. 52-3. Plaintiff's own reply notes that this is an instance where "Defendant is using the 'BIGFOOT' name/mark to describe the products it is selling." Reply at 5, ECF No. 52. Under 15 U.S.C. § 1115(b)(4), a defendant in a trademark infringement action may invoke the fair use defense by demonstrating that the alleged infringement "is a use, otherwise than as a mark. which is descriptive of and used fairly and in good faith only to describe the goods or services of such party." There is little to nothing about the defendant's use of the word "bigfoot" that indicates it is using the word "bigfoot" in that product description to identify itself as the owner of the "bigfoot" mark or to indicate that the source of its product is that of the trademark owner. The plaintiff thus fails to show that it has a likelihood of prevailing against the defendant's descriptive fair use defense. The extended TRO 49 is dissolved against defendant no. 88, H&H Life; any asset freeze or other restraint imposed is lifted. Mailed notice

NEW PARTIES: MAGERS, JiYuan toys, FUNNYYY, eaglestone toy house, Black Bear Hot Pot toy, Auspiciousday, ASHIONG, XZSNLYZ US, XU JNMHBG, XINWANG MODEL, WOAEIUOS, Wangzhifu store, Tiantai Yima Automobile Accessories Co., Ltd, The world and the world, Spirit HP, Sincerely Mr Huang, SINCE1912, shenyoubaihuo, RUIERTI, Ru Ying, ROOMSSHOP, RICK OWENS, RED DRAGONFLYE, ONERC Model, Mokky, Mandy Meet, LMXCTDDAS, Kosdfoge Direct, King of models, Jwentye, JUEJINGBAO, JoiJoy_JoiJoy, joeqiao, huifhdn48946513, guangdongjunhaomaoyi, FYUDI, Flytulic NA, Escape Xin, Dzstru-US, dsfholn48946, dhun8933230, Cqutevind, Chenwo-us, car life, BigkingEU, ApricotTree, And Yu, Amy store-us, 3D LED LAMP NIGHT LIGHT, zero-models, yjym-50, willemate, wangxin-6, visionmodel, tuiencool, toptrendecor, tedytjandera.mandalatoys, tbox_tbtb, stickersmaster, royalra-67, rideksshop, red-maxx, rchobbystoredeals, quality_zone_0 and online_24.7 added to case caption. (Text entry; no document attached.)

NEW PARTIES: minnie1025, macroge, luckyb5935, lisha-4155, limasagalaaya, lifebystyle, kanata2005shop, gadgetsimpact, funhome914, fantastics, egrandmart, dongfengmodel, diecast_replicas, alicewond70, XPZONE Co., Ltd., OXM MALL, HongKongEastonTechnologyCoLimited, HESITONE, Aloha Toii, teebazaar, staylacy, patricktanner, Jey57, Hamouda76, wangyuk, qiuyonghui, turbopig, trendy-toys3, supreme-model, sell4eu, parker3721, moxtoys, ministation, minimodelsgt, magic-trumpeter-6, magic-pill-toy4, knick-toys, kingpopmodel, kevinw-39870, home-lamp, has8103, gooutlook, goodshot3, gamma8858, flowerm2c, famehobby, dongfeng2019, d-caseme, chinaznb, chinalight2015, britley3, benediction-jy, beauty2337, bauble-toys, bairick333 and anita8855 added to case caption. (Text entry; no document attached.)

Terminating Joybuy Marketplace(Express), Plainclothes Commune, benediction-jy, kevinw-39870, supreme-model, yjym-50, ASHIONG and Joybuy (Text entry; no document attached.)

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 54 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 99, 121, 155, 156, and 157. 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 J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 56 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants 10, 11, 23, 24, 25, 30, 45, 50, 68, 72, 84, and 91 are dismissed from this case. 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 J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 58 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice

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

ANSWER to Complaint initiated by Bigfoot 4x4, Inc., COUNTERCLAIM filed by H&H Life against Bigfoot 4x4, Inc. by H&H Life

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 60 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 46, 55, 76, 83, and 87 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 6/21//2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice

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 4/26/2024, answer due 5/17/2024.

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 65 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 40, 41, and 112 are dismissed from this case. 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 J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 67 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 115, 122, and 145 are dismissed from this case. Mailed notice

RESPONSE by Plaintiff Bigfoot 4x4, Inc. Answer to Defendant's Counterclaims

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 103

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 70 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 103 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: The matter between plaintiff and defendant no. 88 ("H&H Life") is referred to the assigned magistrate judge for all further discovery scheduling and supervision, as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders are included within this referral. Mailed notice

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: all further discovery scheduling and supervision, as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders.Mailed notice.

MINUTE entry before the Honorable Gabriel A. Fuentes: This matter having been referred to the magistrate judge for discovery and settlement (doc. # 74), the Court directs the parties to confer under Rule 26(f) and file a joint written status report by noon on 7/3/24 setting forth an agreed or contested schedule for discovery. The parties are directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes and the Top Ten Ways to Defeat Settlement, both available on the Court's website. If the parties at any time decide they wish to engage in a settlement conference, they may contact the courtroom deputy, Lauren Knight, at 312-818-6514. Further, the parties are invited, if they wish, to communicate to Ms. Knight their pronouns for counsel or clients. The judge's pronouns are he/him/his. 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 J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 76 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 38 and 47 are dismissed from this case. Mailed notice

STATUS Report by Bigfoot 4x4, Inc. Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed plaintiff's status report (doc. #78) which appears not to be a joint report because defense counsel for H&H Life, despite having filed an answer and counterclaim (doc. #61) in the case for that defendant. With defendant not having weighed in on the scheduling issue despite having a court-ordered opportunity to do so, the Court enters and modifies slightly the discovery schedule as plaintiff has proposed, with respect to the claims as between plaintiff and H&H Life: (1) Rule 26(a)(1) disclosures to be served no later than 7/31/24; (2) written discovery requests to be served no later than 8/14/24; and (3) fact discovery to close on 10/31/24. Expert discovery scheduling is deferred until nearer the close of fact discovery and until input from H&H Life so that the Court may know what if any expert discovery might be had. The setting of a dispositive motion deadline date is deferred to the district court. The next joint written status report on discovery progress and settlement status is due at noon on 8/22/24. It needs to be a joint report.

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 80 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 85 and 124 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 82

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 82 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 82 is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 64

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 84 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 64 is dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 95

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 86, defendant no. 95 is dismissed from this case. Mailed notice

STATUS Report Joint Status Report by Bigfoot 4x4, Inc. Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' joint status report (doc. # 88), no adjustment is made to the discovery schedule, and fact discovery closes as scheduled on 10/31/24. The next joint status report on discovery progress and settlement status from plaintiff and H&H Life is due at noon on 10/24/24 and must contain a proposed contested or agreed expert discovery schedule is any expert discovery is to occur in this matter. Mailed notice.

CERTIFICATE of Service by John Wilson on behalf of Bigfoot 4x4, Inc.

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

(Exhibit A)

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment, 91

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 91

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 91 is taken under advisement. Any objections or responses are due by 9/16/24. The plaintiff is directed to provide the defendants listed in the amended Schedule A [91-1] with notice of the default proceedings against them by 9/6/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order, and (2) send an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 91 is granted. Enter default judgment order. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 9/19/2024. Mailed notice

STATUS Report Joint Status Report by Bigfoot 4x4, Inc. Presented before Magistrate Judge

MOTION by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Motion to Deem as Admitted all Unanswered Facts Set Forth in Plaintiff's First Requests for Admission of Facts to Defendant No. 88 "H&H LIFE." Presented before Magistrate Judge

Exhibit A

(Exhibit B)

MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to have Rule 36 requests deemed admitted (doc. # 98), a motion hearing is set for 9 a.m. on 10/31/24 in Courtroom 1342 of the Dirksen U.S. Courthouse. The parties should be prepared to argue the motion orally at that time. The Court will also entertain, before the hearing, a written motion to compel concerning non-responses to other written discovery requests, or, during the hearing, an oral motion to that effect. Any party to whom such a motion is directed should be prepared to argue it at the hearing, as the simple question would be whether discovery responses were or were not timely served. The fact discovery closure stands at 10/31/24. At the hearing, the Court also would like to discuss the expert discovery schedule as set forth in the joint status report (doc. # 97), and particularly the proposed four-month gap between the plaintiff's and the defendant's Rule 26(a)(2) disclosure dates. Mailed notice.

MOTION by Plaintiff Bigfoot 4x4, Inc. to reset Plaintiff's Unopposed Motion to Reset Hearing Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff Bigfoot's motion (doc. # 100) to reset the Court's 10/31/24 hearing on Bigfoot's motion to have facts deemed admitted (doc. # 98), the motion is denied in part and granted in part. The motion is granted insofar as the 10/31/24 hearing is stricken. The motion is denied insofar as the hearing is not being reset, as it could not be held for another two weeks, meaning that resolution of the relatively straightforward issues in the motion would be unduly delayed. Instead of holding a hearing, the Court simply orders defendant H&H Life to file a written response by noon on 11/1/24, and the motion will then be taken under advisement for ruling by CM-ECF. Mailed notice.

MOTION by Defendant H&H Life withdraw or amend default admissions Presented before Magistrate Judge

Declaration of Counsel

(Exhibit A)

MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's Motion to Deem as Admitted all Unanswered Facts Set forth in Plaintiff's First Requests for Admission of Facts to Defendant No. 88 "H&H Life." (doc. # 98) is granted in part and denied in part, and Defendant H&H Life's Motion to Withdraw or Amend the Default Admissions (doc. # 102) is denied, all for the reasons stated in the accompanying memorandum opinion and order. Enter Order. Mailed notice.

ORDER Signed by the Honorable Gabriel A. Fuentes on 11/5/2024. Mailed notice.

MINUTE entry before the Honorable Gabriel A. Fuentes: A discovery status hearing is set for the 11:30 a.m. status call on 12/4/24 in Courtroom 1342 of the Dirksen U.S. Courthouse. At the hearing, the parties should be prepared to discuss the closure of fact discovery on 10/31/24, and the expert discovery schedule as proposed in the 10/25/24 status report (doc. # 97). The discovery status will be followed by an off-the-record, settlement-only status hearing. Out-of-town counsel has leave to participate in the hearing by telephone. The dial-in number is 1-650-479-3207, using access code 1607759621. Entering an attendee code is not required. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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.

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file a motion to re-open closed fact discovery. (Text entry; no document attached.)

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. to temporarily defer the setting of an expert schedule. (Text entry; no document attached.)

MINUTE entry before the Honorable Gabriel A. Fuentes: Discovery status hearing held concerning Plaintiff and Defendant H&H Life. The parties report that not all parties are interested in settlement discussions. Plaintiff makes an oral motion for leave to file a motion to re-open closed fact discovery to depose a China-based representative of H&H Life in China. That motion is granted without objection, and the motion is to be on filed by noon on 12/13/24. Plaintiff makes an oral motion to temporarily defer the setting of an expert schedule until the motion for extension of fact discovery is ruled on. That motion is granted without objection. Mailed notice.

MOTION by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Opposed Motion to Reopen Discovery Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's contested motion to re-open discovery (doc. # 107) is set for hearing at 10 a.m. on 12/17/24 in Courtroom 1342 of the Dirksen U.S. Courthouse. Due to audio difficulties with the last effort to permit defense counsel for H&H Life to appear telephonically, telephonic participation is not being permitted. If the parties reach agreement on this motion, they should notify the courtroom deputy as soon as possible so that the hearing may be vacated. Mailed notice.

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. to set fact discovery deadline. (Text entry; no document attached.)

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file a motion to compel. (Text entry; no document attached.)

MINUTE entry before the Honorable Gabriel A. Fuentes: Hearing held on plaintiff's contested motion to re-open discovery (doc. # 107). Defense counsel for H&H Life ("Defendant") did not appear and did not notify the Court that it would not appear, would have difficulty appearing, or needed to request a postponement. Plaintiff's counsel reported that instead, Defendant's counsel contacted plaintiff's counsel to state that defense counsel would be in China and would not be appearing, and also that defense counsel did not oppose the motion to reopen discovery. Accordingly, the Court granted as unopposed the motion to reopen discovery. The Court kindly reminds defense counsel that counsel's appearance at court-ordered hearings is mandatory (i.e., that having opposing counsel carry one's water at a court-ordered hearing is not how this Court does business), that "Schedule A" infringement cases are federal civil lawsuits and are as important as any other case, and that failing to appear at court-ordered proceedings without notice to the Court is discourteous, wasteful, and unprofessional. As it happened, the Court also wished to use today's hearing as an opportunity to obtain input from Defendant H&H Life and plaintiff concerning the remaining discovery schedule (including the when and where of oral depositions), which was part and parcel of the motion to re-open. Oral motion by plaintiff to set fact discovery to close on 3/17/25 is granted as unopposed, for reasons stated on the record. The parties are ordered to begin discussing and planning, by their counsel, the scheduling of all discovery depositions so that such depositions and/or motion practice concerning them are completed in advance of the 3/17/25 cutoff, which is marked as final. Plaintiff makes an oral motion for leave to file a motion to compel concerning Defendant's Rule 33 and Rule 34 responses (and document production) on or before 1/6/25. That motion is granted as unopposed, given defense counsel's absence. A status hearing on discovery progress and settlement status is set for 9 a.m. on 3/13/25 in Courtroom 1342, in person at the Dirksen U.S. Courthouse. Mailed notice.

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Motion for a First Extension of Time to File a Motion to Compel Discovery Requests of Defendant No. 88 "H&H LIFE" Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion for a one-week extension of time to 1/13/25 to file a motion to compel (doc. # 111), no statement is made about conferral or about whether defendant H&H Life objects, but the Court, seeing that plaintiff is the party considering the motion to compel in question, in its discretion sees no prejudice in granting this motion without further reference to H&H Life's position. In the interest of efficiency and cost management, Fed. R. Civ. P. 1, the motion is granted, and the discovery motion in question is to be filed no later than noon on 1/13/25. Mailed notice.

MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Unopposed Motion for a Second Extension of Time to File a Motion to Complete Discovery Requests of Defendant No. 88 "H&H Life" Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's second unopposed motion for an extension of time from 1/13/25 to 1/21/25 to file a motion to compel responses to discovery requests (doc. # 113) is granted. If the parties resolve their differences such that no such motion need be filed, discovery will simply proceed, with fact discovery set to close on 3/17/25, and with a discovery progress and settlement status hearing still set for 9 a.m. on 3/13/25 in Courtroom 1342, in person at the Dirksen U.S. Courthouse. Mailed notice.

MINUTE entry before the Honorable Gabriel A. Fuentes: The 3/13/25 status hearing is stricken and reset for 9 a.m. on 3/11/25 in Courtroom 1342 of the Dirksen U.S. Courthouse. DATE CHANGE ONLY. Mailed notice.

MOTION by Plaintiff Bigfoot 4x4, Inc. to compel Plaintiff's Motion to Compel Discovery Requests of Defendant No. 88 "H&H LIFE" Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion to compel (doc. # 116) is set for a motion hearing and oral argument at 11 a.m. on 2/6/25 in person in Courtroom 1342 of if the Dirksen U.S. Courthouse. In the meantime, by noon on 1/24/25, plaintiff is directed to supplement the motion with the discovery requests and responses at issue, any discovery correspondence, and a certificate of Local Rule 37.2 in compliance with that rule. Mailed notice.

by Bigfoot 4x4, Inc. Local Rule 37.2 Certification

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

(Exhibit F)

RESPONSE by H&H Life to MOTION by Plaintiff Bigfoot 4x4, Inc. to compel Plaintiff's Motion to Compel Discovery Requests of Defendant No. 88 "H&H LIFE" Presented before Magistrate Judge 116 Response to Motion to Compel

(Declaration)

MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion to compel (doc. # 116) is granted in part and denied in part for the reasons stated in the accompanying order. Supplemental responses to Interrogatory Nos. 1, 12, 13, 18 and 19 and due for service by noon on 2/19/25. The motion is denied as to the remainder of the interrogatory responses challenged in the motion, and denied as to all of the document request responses challenged in the motion. The motion's sanctions request is granted, and is ordered to file a bill of costs with reasonable fees and costs incurred in the filing of the motion by 5 p.m. on 2/19/25, and the Court will enter a further order on the sanctions amount after conducting a reasonableness review of the bill of costs. A defense status report on defendant's discovery obligations and review as compelled by the Order is by noon on 2/19/25. Fact discovery remains set to close on 3/17/25, and a joint written status report on closure is due at noon that day. The 2/6/25 hearing date on the instant motion is stricken. Mailed notice.

ORDER Signed by the Honorable Gabriel A. Fuentes on 2/4/2025. Mailed notice.

MEMORANDUM Memorandum in Support of Plaintiff's Fee Petition for Attorney Fees Against Defendant No. 88 "H&H LIFE"

Exhibit A

(Exhibit 1)

MINUTE entry before the Honorable Gabriel A. Fuentes: Written objections, if any, to fee petition (doc. # 122) due by noon on 2/27/25. Mailed notice.

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 124, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 36. Mailed notice

MINUTE entry before the Honorable Gabriel A. Fuentes: No timely objection (doc. # 123) having been received to plaintiff's sanctions fee specification and petition (doc. # 122), the fee petition is granted, and the amount of discovery sanction levied against defendant is H&H Life is $2,025, payable forthwith to Hughes Socol Piers Resnick & Dym Ltd. A status report or motion for rule to show cause from plaintiff, in the event of non-payment, is due at noon on 3/18/25, which is a day after fact discovery is set to close. A joint status report on discovery and settlement status is due at noon on 3/18/25. Mailed notice.

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for H&H Life to comply with the Court's 2/4/25 order (doc. #[120]). (Text entry; no document attached.)

Extension of Time to Complete Discovery (Text entry; no document attached.)

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time to complete discovery. (Text entry; no document attached.)

MINUTE entry before the Honorable Gabriel A. Fuentes: Discovery and settlement status hearing held. Counsel for Defendant H&H Life did not appear, despite the status having been a court-ordered, in-person status (doc. #s 114, 115). Plaintiff's counsel reported that defendant H&H Life has not served supplemental discovery responses by 2/19/25 or at all, as ordered by the Court on 2/4/25 (doc. # 120). Thus today appears to mark two straight court orders that plaintiff outright ignored. All counsel are reminded that they must appear at court-ordered hearings or communicate to court staff, reasonably in advance, whether they request a postponement or leave to appear remotely. Plaintiff makes an oral motion to have the Court order H&H Life to comply with the Court's 2/4/25 order (doc. # 120), and the Court had to treat that motion as unopposed, with defense counsel not having appeared at the hearing. That motion is granted, and the supplemental responses as to be served forthwith. Plaintiff also made an oral motion to extend the fact discovery deadline, also unopposed in defendant's absence. That motion is granted, and fact discovery is extended to 4/16/25 for the limited purposes as stated on the record. Any motions to compel oral depositions are to be filed by 5 p.m. on 4/9/25. A joint written status report on discovery progress, settlement status, and payment on the sanctions order is due by noon on 4/9/25, and the 3/17/25 and 3/18/25 status report dates are vacated. Payment on the Court's sanctions order remains due from defendant to plaintiff's counsel by noon on 3/18/25. Mailed notice.

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for H&H Life to comply with the Court's 2/4/25 order (doc. # 120). (Text entry; no document attached.)

MINUTE entry before the Honorable Gabriel A. Fuentes: Although the Court is seeking to avoid duplicative or excessive status reports, the Court has concluded such a report is needed from plaintiff by noon on 3/19/25 on the issue of the sanctions payment due on 3/18/25. Mailed notice.

MOTION by Attorney Huicheng Zhou to withdraw as attorney for H&H Life. New address information: Zhong Chunping B-2861, 8/F, Block B, No. 51 Xiba Rd, Wuchang St, Yuhang District, Hangzhou, Zhejiang, P.R.C Presented before Magistrate Judge

(Appendix)

MINUTE entry before the Honorable John J. Tharp, Jr: The motion by attorney Zhou to withdraw 129 is referred to Magistrate Judge Fuentes. Mailed notice

MINUTE entry before the Honorable Gabriel A. Fuentes: On the opposed motion by counsel Huicheng Zhou to withdraw (doc. # 129), a hearing is set for 11:00 a.m. on 3/19/25 in Courtroom 1342 of the Dirksen U.S. Courthouse. With the motion not yet ruled upon, Mr. Zhou remains as counsel to H&H Life for purposes of helping ensure that H&H Life complies with court orders including the order to render the sanctions payment to plaintiff's counsel no later than 3/18/25. Plaintiff's status report on receipt of that payment is vacated, as counsel can orally advise the Court at the 3/19/25 motion hearing. Mailed notice.

MOTION by Movant Huicheng Zhou APPEAR REMOTELY for hearing set on March 19 Presented before Magistrate Judge

MINUTE entry before the Honorable Gabriel A. Fuentes: Attorney Zhou's motion to appear remotely (doc. #[132]) at the 3/19/25 hearing on his motion to withdraw is granted, providing that Mr. Zhou connects from a working telephone line so that he is audible. The dial-in number is 1-650-479-3207, using access code 1607759621. Entering an attendee code is not required. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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.

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for rule to show cause hearing. (Text entry; no document attached.)

MINUTE entry before the Honorable Gabriel A. Fuentes: Status hearing and hearing on opposed motion by H&H Life's counsel Huicheng Zhou to withdraw (doc. # 129) held. Plaintiff reports that sanctions payment due on 3/18/25 has not been received. Before withdrawal was granted, counsel Zhou was given an opportunity to explain why H&H Life did not comply with the sanctions order, and counsel Zhou had no other explanation other than to reiterate the reasons why he is moving to withdraw. Plaintiff makes an oral motion for a rule to show cause hearing on why Defendant H&H Life should not be held in civil contempt for failure to comply with the Court's sanctions order and failure to comply with the Court's order directing Defendant H&H Life to supply requested discovery responses by 2/19/25. That motion is granted without objection. Rule to show cause hearing set for 10 a.m. on 3/31/25 in Courtroom 1342 of the Dirksen U.S. Courthouse. Plaintiff and H&H Life, unrepresented as of today, are ordered to appear. After hearing, the opposed motion by H&H Life's counsel Zhou to withdraw is granted for the reasons stated on the record. Attorney Zhou terminated. Fact discovery cutoff remains set to close 4/16/25. Mailed notice.

MINUTE entry before the Honorable Gabriel A. Fuentes: In connection with the Court's grant of attorney Zhou's motion to withdraw, the Court directs attorney Zhou to communicate to H&H Life this order and the Court's order entered on 3/19/25 (doc. # 134) granting the withdrawal but also setting the 3/31/25 rule to show cause hearing at which H&H Life is directed to appear. H&H Life is further informed that its continued participation in this litigation, including any opposition to the relief sought by plaintiff, depends on H&H Life's appearance in this matter through newly obtained counsel. Mailed notice.

ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. that Defendant H&H Life be held in contempt of Court. (Text entry; no document attached.)

MINUTE entry before the Honorable Gabriel A. Fuentes: Rule to show cause hearing held. Defendant H&H Life did not appear. Plaintiff makes an oral motion that Defendant H&H Life be held in contempt of Court for failure to comply with the Court's sanctions order and failure to comply with the Court's order directing Defendant H&H Life to supply requested discovery responses by 2/19/25, and for the contempt sanction be that H&H Life be found in default by the district court on a proper motion for default by plaintiff in the district court. Today's oral motion that H&H Life be held in contempt is granted for the reasons stated on the record, and to be articulated further in a proposed order to be submitted by plaintiff no later than 4/4/25 for the magistrate judge's consideration. The order is to address further the form of relief sought and imposed in connection with today's contempt finding. Plaintiff directed to submit the proposed order to the Court's proposed order inbox at Proposed_Order_Fuentes@ilnd.uscourts.gov. Mailed notice.

SATISFACTION of Judgment

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 137, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 96. Mailed notice

MINUTE entry before the Honorable Gabriel A. Fuentes: Consistent with the Court's ruling and on-the-record findings and statements on 3/31/25 in finding defendant No. 88 ("H&H Life") in civil contempt of court (doc. # 136), the Court sets forth those findings further in the accompanying Order of Contempt. Enter Order of Contempt. The referral for discovery supervision on preliminary injunction as to H&H Life is terminated. Judge Honorable Gabriel A. Fuentes no longer referred to the case. Mailed notice.

ORDER of Contempt signed by the Honorable Gabriel A. Fuentes on 4/11/2025. Mailed notice.

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 default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendant

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 142

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 142

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for leave to file excess pages 141 is granted. The plaintiff's motion for entry of default and default judgment against defendant no. 88 142 is taken under advisement. Any objection or response is due by 5/5/25. The plaintiff is directed to provide defendant no. 88 with notice of the default proceedings against it by 4/28/25. To effectuate that notice, the Court directs the plaintiff to send an email to the email address provided for defendant no. 88 by third parties (or otherwise obtained by the plaintiff) informing it of the default proceedings and attaching a copy of the plaintiff's motion for default judgment, the memorandum in support thereof, and this Order. If the plaintiff does not have a current email address for defendant no. 88, it is directed to obtain the defendant's contact information from attorney Huicheng Zhou. Mailed notice

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Bigfoot 4x4, Inc.

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant no. 88 having filed no objection, the plaintiff's motion for default judgment 142 is granted. Enter default judgment order. As default judgment has now been entered against all remaining defendants, this matter is concluded. Civil case terminated. Mailed notice

DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 5/6/2025. Mailed notice

MAILED Trademark report with certified copy of minute order dated 5/6/2025 to Patent Trademark Office, Alexandria VA