2025-cv-03334

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 405, receipt number AILNDC-23271672.

(Exhibit 1)

CIVIL Cover Sheet

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

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

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

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by John Wilson

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

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

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

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

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Laura K. McNally. 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.

NOTICE of Motion by Michael A. Hierl for presentment of motion to seal document 7 before Honorable Georgia N Alexakis on 4/3/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 6/3/25 at 9:30 a.m. in person in Courtroom 1719. By 5/27/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motion for leave to file under seal 7. No appearance is required on 4/3/25. Upon review of the complaint, the Court sua sponte raises the propriety of joining 50 defendants in a single action. By 4/14/25, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of this Court's orders in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 28, 2024), and Anagram International v. The Partnerships, 24 CV 12194, Dkt. 87 (N.D. Ill. Feb. 21, 2025). In the alternative, plaintiff has leave to file an amended complaint by 4/14/25 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting this Court's order in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025).

AMENDED complaint by Bestway Inflatables & Material Corp. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

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

MEMORANDUM by Bestway Inflatables & Material Corp. Plaintiff's Memorandum in Support of Joinder

(Exhibit)

MOTION by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Bestway Inflatables & Material Corp. to expedite Plaintiff's Motion for Expedited Discovery

DECLARATION of Eric Li

SEALED EXHIBIT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 to Li Declaration regarding declaration 19

NOTICE of Motion by Michael A. Hierl for presentment of motion to expedite 18, motion for miscellaneous relief 17 before Honorable Georgia N Alexakis on 4/24/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: The Court grants plaintiff's motions for leave to conduct expedited discovery and for electronic service of process 17, 18. No appearance is required on 4/24/25. The Court finds that expedited discovery is warranted to identify defendants. The Court also finds that electronic service does not violate any treaty and is consistent with due process because it is an effective way to communicate with the online marketplace defendants. The Court decides these issues, however, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court will take a fresh look at the issues of electronic service and expedited discovery as well as any issues related to personal jurisdiction and joinder. Enter Order, as modified by the Court.

ORDER Signed by the Honorable Georgia N Alexakis on 4/23/25.

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Elizabeth Aubree Miller

STATUS Report Joint Initial Status Report by Bestway Inflatables & Material Corp.

SUMMONS Issued (Court Participant) as to Defendants BYS Technology and all other Defendants identified in the Amended Complaint.

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 5/27/2025, answer due 6/17/2025.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Bestway Inflatables & Material Corp.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed the plaintiff's status report 26 and also notes that, per the docket, defendants' answers or responses to the complaint are not due until 6/17/25 28. The Court therefore vacates the initial status hearing set for 6/3/25 and resets it for 7/17/25 at 9:30 a.m. The parties are directed to submit a joint status report by 7/10/25. If no defendants have appeared or otherwise defended by 7/10/25, on that date, plaintiff should file either its own status report or a motion for entry of default and default judgment.

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Bestway Inflatables & Material Corp.

MOTION by Plaintiff Bestway Inflatables & Material Corp. 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 Bestway Inflatables & Material Corp. in support of motion for default judgment, 32

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 32

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 32 before Honorable Georgia N Alexakis on 7/15/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff seeks entry of default as to Defendant Nos. 2, 3, and 4, the remaining defendants in this matter 32. Defendant Nos. 2, 3, and 4 have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against Defendant Nos. 2, 3, and 4 is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the Defaulting Defendants must be filed on or before 7/28/25. Plaintiff must serve this minute order upon the Defaulting Defendants within one business day of its entry on the docket and must promptly file proof of that service. The Court re-sets the hearing on plaintiff's motion seeking default judgment as to the Defaulting Defendants from 7/15/25 to 7/31/25 at 9:30 a.m.

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Bestway Inflatables & Material Corp.

MINUTE entry before the Honorable Georgia N Alexakis: In light of plaintiff's pending motion for default judgment, the Court vacates the 7/17/25 initial status hearing. The 7/31/25 hearing on the motion for default judgment stands.

MINUTE entry before the Honorable Georgia N Alexakis: Defaulting Defendants 2, 3, and 4 have not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 32 is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The infringement of Plaintiff's intellectual property rights irreparably harms Plaintiff and confuses the public. Because this infringement was willful, and after considering the value of Plaintiff's brand, the low price-point of the infringing products, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $5,000 is an appropriate award of statutory damages against each Defaulting Defendant. Enter Final Judgment Order, as modified by the Court. Civil case terminated.

DEFAULT Judgment Order Signed by the Honorable Georgia N Alexakis on 7/29/25.