2024-cv-12817

COMPLAINT filed by MVW Holdings, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22838858.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff MVW Holdings, Inc. by John Wilson

MOTION by Plaintiff MVW Holdings, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MVW Holdings, Inc.

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2).

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.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

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.

MINUTE entry before the Honorable Sara L. Ellis: The initial telephonic status conference in this matter is set for 2/13/2025 at 1:30 PM. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' website and to submit the required Initial Status Report by 2/6/2025. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

STATUS Report Initial Status Report by MVW Holdings, Inc.

MINUTE entry before the Honorable Sara L. Ellis: Plaintiff filed this case against 141 defendants for infringing four trademarks registered to Plaintiff. Under Rule 20, a plaintiff may join multiple defendants in a single action if: (1) the claims against them are asserted with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences, and (2) a question of law or fact common to all defendants exists. Fed. R. Civ. P. 20(a)(2)(A)(B). In reviewing the complaint in this case, it does not appear that joinder is proper as to all Defendants. As the Court stated in Roadget Business Pte. Ltd. v. The Individuals, Corporations, Limited Liability Cos., Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, alleging that multiple defendants have infringed on the same copyright, trademark, or patent in the same way, without more, does not create the substantial evidentiary overlap required to find joinder proper. No. 23 C 17036, 2024 WL 1858592, at *67 (N.D. Ill. Apr. 29, 2024). The Court directs Plaintiff to file an amended complaint by 2/27/2025, as well as a statement on joinder explaining how the remaining Defendants comply with the Court's order in Roadget. The Court strikes the status hearing set for 2/13/2025 and resets it to 3/12/2025 at 9:30 AM. The Court grants Plaintiff's motion for leave to file under seal 7. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice Modified on 2/11/2025.

MOTION by Plaintiff MVW Holdings, Inc. for extension of time Plaintiff's Motion for Extension of Time

MOTION by Plaintiff MVW Holdings, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

AMENDED complaint by MVW Holdings, Inc. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit A

DECLARATION of Michael Valenta

SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 2 to Valenta Declaration

MEMORANDUM by MVW Holdings, Inc. Plaintiff's Memorandum in Support of Joinder

Exhibit 1

(Exhibit 2)

SEALED DOCUMENT by Plaintiff MVW Holdings, Inc. Exhibit 3

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for extension of time 16 and for leave to file under seal 17. The Court strikes the status date set for 3/12/2025 and resets it to 4/23/2025 at 9:30 AM. The parties should file their initial joint status report by 4/18/2025. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

MOTION by Plaintiff MVW Holdings, Inc. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff MVW Holdings, Inc. to expedite Plaintiff's Motion for Expedited Discovery

NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief[25], motion to expedite[26] before Honorable Sara L. Ellis on 4/8/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for electronic service of process 25 and for leave to conduct expedited discovery 26. The Court strikes the status date set for 4/23/2025 and resets it to 5/22/2025 at 1:30 PM. The parties should file their initial joint status report by 5/15/2025. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

ORDER. Signed by the Honorable Sara L. Ellis on 4/4/2025. Mailed notice.

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

NOTICE of Voluntary Dismissal by MVW Holdings, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 125

STATUS Report by MVW Holdings, Inc.

SUMMONS Returned Executed by MVW Holdings, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/16/2025, answer due 6/6/2025.

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 5/22/2025 and resets it to 7/1/2025 at 9:30 AM. Plaintiff should file any motion for default and for default motion and notice the motion for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

MOTION by Plaintiff MVW Holdings, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by MVW Holdings, Inc. in support of motion for default judgment 35

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 35

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment 35 before Honorable Sara L. Ellis on 7/1/2025 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for entry of default and for default judgment 35. The Court finds Defendants identified on Amended Schedule A in default. The Court enters judgment in favor of Plaintiff and against Defendants. Plaintiff should submit a proposed default judgment order to the Court's proposed email. Civil case terminated. Emailed notice