2024-cv-12861

2024-cv-12861 Playboy Enterprises International, Inc. v. Icedout

Date :12/16/2024
Court :Northen District of Illinois
Law FirmHSP

#

Date

Document

1

Dec. 16, 2024

COMPLAINT filed by Playboy Enterprises International, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22845291.

(Exhibit 1)

2

Dec. 16, 2024

CIVIL Cover Sheet

3

Dec. 16, 2024

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Michael A. Hierl

4

Dec. 16, 2024

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by William Benjamin Kalbac

5

Dec. 16, 2024

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by Robert Payton Mcmurray

6

Dec. 16, 2024

ATTORNEY Appearance for Plaintiff Playboy Enterprises International, Inc. by John Wilson

7

Dec. 16, 2024

MOTION by Plaintiff Playboy Enterprises International, Inc. to seal document Plaintiff's Motion for Leave to File Under Seal

8

Dec. 16, 2024

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Sealed Schedule A

9

Dec. 16, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Playboy Enterprises International, Inc.

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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.)

10

Dec. 17, 2024

STANDING ORDER IN "SCHEDULE A" CASES Signed by the Honorable Joan B. Gottschall on 12/17/2024.Mailed notice

11

Dec. 18, 2024

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 7 to seal is granted. Enter order directing plaintiff to brief joinder. Pursuant to the order, plaintiff has until and including 12/30/2024 to show cause why joinder is permissible in this case under Fed. R. Civ. P. Rule 20(a)(2) and Bailie v. Schedule A Defendants, 2024 WL 2209698 (N.D. Ill. May 15, 2024). Mailed notice

12

Dec. 18, 2024

ORDER Signed by the Honorable Joan B. Gottschall on 12/18/2024.Mailed notice

15

Dec. 27, 2024

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.

13

Dec. 30, 2024

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

(Exhibit 1)

14

Dec. 30, 2024

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Amended Schedule A

16

Jan. 3, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

17

Jan. 3, 2025

MOTION by Plaintiff Playboy Enterprises International, 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

18

Jan. 3, 2025

MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for temporary restraining order, 17

Declaration McCarthy Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

19

Jan. 3, 2025

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit 2 to McCarthy Declaration

20

Jan. 3, 2025

Notice of Claims Involving Trademarks by Playboy Enterprises International, Inc.

21

Jan. 6, 2025

ORDER: An initial status report is due on or before February 14, 2025. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at https://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within fourteen days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report.If, by the due date of the scheduled status report, defendants have not been served, plaintiff should email chambers_gottschall@ilnd.uscourts.gov to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 1/6/2025.Mailed notice

22

Jan. 6, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 16 for leave to exceed the Local Rule 7.1 page limit is granted. Plaintiff's memorandum of law 18 filed 01/03/2025, is deemed filed with leave of court. Plaintiff's motion 17 for temporary restraining order is ex parte as to defendant, but plaintiff gave notice 18 of the motion to the non-party service provider named in the proposed temporary restraining order ("third-party provider"). Plaintiff asks the court to find that the third-party provider will be bound by the proposed temporary restraining order under Federal Rule of Civil Procedure 65(d)(2). The third-party provider has until and including 01/13/2025 to file a written response to, or request a hearing on, plaintiff's motion. A response or request for hearing must be filed on the docket. Any hearing will be held by teleconference. Any response or request for hearing must be accompanied by i) a notice of appearance and (ii) a Local Rule 3.2 notice of affiliates. Plaintiff is instructed to serve the third-party provider with this minute order in accordance with Rule 5(b). Plaintiff must file a certificate of service of this minute order by and including 01/09/2025.Mailed notice

23

Jan. 7, 2025

CERTIFICATE of Service by John Wilson on behalf of Playboy Enterprises International, Inc.

24

Jan. 24, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion for a temporary restraining order, Doc. No. 17, is denied without prejudice for the reasons explained in the following paragraphs of this court's standing order in Schedule A cases (Doc. No. 10): ¶¶ 1, 3, and 5. Mailed notice

25

Jan. 24, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Consistent with amended Schedule A 14, the Clerk is instructed to update the docket sheet's case title as follows: Playboy Enterprises International, LLC v. icedout. Mailed notice

26

Feb. 14, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

27

Feb. 14, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for temporary restraining order Plaintiff's Renewed 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

28

Feb. 14, 2025

MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for temporary restraining order, 27

Declaration Exhibit A

Exhibit 1

Declaration Exhibit B

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

Exhibit Hierl Exhibit 4

(Declaration Exhibit C)

29

Feb. 14, 2025

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit 1 to Figueroa Declaration

30

Feb. 14, 2025

STATUS Report Initial Status Report by Playboy Enterprises International, Inc.

31

Feb. 19, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 26 for leave to exceed the Local Rule 7.1 page limit is granted. Plaintiff's memorandum of law 28 filed 02/14/2025 is deemed filed with leave of court. Plaintiff's motion 27 for temporary restraining order is ex parte as to defendant, but plaintiff gave notice 28 of the motion to the non-party service provider named in the proposed temporary restraining order ("third-party provider"). Plaintiff asks the court to find that the third-party provider will be bound by the proposed temporary restraining order under Federal Rule of Civil Procedure 65(d)(2). The third-party provider has until and including 02/25/2025 to file a written response to, or request a hearing on, plaintiff's motion. A response or request for hearing must be filed on the docket. Any hearing will be held by teleconference. Any response or request for hearing must be accompanied by (i) a notice of appearance and (ii) a Local Rule 3.2 notice of affiliates. Plaintiff is instructed to serve the third-party provider with this minute order in accordance with Rule 5(b). Plaintiff must file a certificate of service of this minute order by and including 02/21/2025. Mailed notice

32

Feb. 19, 2025

MINUTE entry before the Honorable Joan B. Gottschall: In its initial status report 30, plaintiff does not indicate that it has served defendant or that it is attempting to do so. Plaintiff's proposal to set another status report deadline in eight-to-ten weeks is rejected because under Fed. R. Civ. P. 4(m), plaintiff has until and including 03/30/2025 to serve the summons and complaint. The next status report is due on or before 03/25/2025. Mailed notice

33

Feb. 28, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's deadline 31 of 02/21/2025 to file a certificate of service of its renewed motion for a temporary restraining order has come and gone, and no certificate of service has been filed. For this reason, plaintiff's ex parte motion 27 for a temporary restraining order is denied without prejudice. Mailed notice

34

March 25, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

35

March 25, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for temporary restraining order Plaintiff's Renewed 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

36

March 25, 2025

MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for temporary restraining order, 35

Declaration McCarthy Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

Exhibit Hierl Exhibit 4

Declaration Figueroa Declaration

(Exhibit Figueroa Exhibit 1)

37

March 25, 2025

SEALED DOCUMENT by Plaintiff Playboy Enterprises International, Inc. Exhibit 2 to McCarthy Declaration

38

March 25, 2025

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Playboy Enterprises International, Inc.

(Exhibit A)

39

March 25, 2025

STATUS Report by Playboy Enterprises International, Inc.

40

March 27, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 35 for temporary restraining order is ex parte as to defendant, but plaintiff gave notice of the motion 38 to the non-party service provider named in the proposed temporary restraining order. Plaintiff asks the court to find that the third-party provider will be bound by the temporary restraining order under Federal Rule of Civil Procedure 65(d)(2). Third-party provider has until and including April 3, 2025, to file a written response to, or request a hearing on, plaintiff's motion. A response or request for hearing must be filed on the docket. Any motion hearing will be held by teleconference. Any response or request for hearing must be accompanied by: (i) a notice of appearance; and (ii) a Local Rule 3.2 notice of affiliates. Plaintiff is instructed to serve the third-party provider with this minute order in accordance with Federal Rule of Civil Procedure 5(b). Plaintiff must file a certificate of service of this minute order by and including March 31, 2025. Mailed notice

41

March 27, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 34 for leave to exceed page limit is granted. Plaintiff's memorandum of law 36 in support of its renewed motion for temporary restraining order is deemed filed with leave of court under Local Rule 7.1. Mailed notice

42

March 28, 2025

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Playboy Enterprises International, Inc.

(Exhibit A)

43

April 8, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Upon consideration of the certificate of service 42 filed March 28, 2025, plaintiff's motion for entry of a temporary restraining order is granted on the condition that plaintiff must revise its proposed form of temporary restraining order to include language substantially in the form prescribed by paragraph eight of this court's standing order 10 in "Schedule A" cases. Plaintiff's revised proposed temporary restraining order is due on or before April 9, 2025. Plaintiff must file its revised proposed temporary restraining order on the docket and email a copy in PDF and Microsoft Word-readable formats to Proposed_Order_Gottschall@ilnd.uscourts.gov.Mailed notice

44

April 21, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Enter temporary restraining order. A preliminary injunction hearing to be held by teleconference is tentatively set for May 2, 2025, at 10:30 AM. Any motion for preliminary injunction must be filed on or before April 28, 2025. Any written response to, or request for a hearing on, the anticipated motion for preliminary injunction must be received by 10:30 AM on April 30, 2025. The court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested by the deadline. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendant in the manner specified in the temporary restraining order, ¶ 7. Unless defendant has appeared, plaintiff must file a certificate of service along with any motion for preliminary injunction or motion to extend the temporary restraining order. Mailed notice

45

April 21, 2025

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 4/18/2025. Mailed notice

46

April 28, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for extension of time Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order

47

April 29, 2025

SURETY BOND in the amount of $ 1,000.00 posted by Playboy Enterprises International, Inc.

48

April 30, 2025

MINUTE entry before the Honorable Joan B. Gottschall: The deadline 44 to request a hearing has come and gone, and no request for a hearing has been received. Accordingly, plaintiff's motion 46 to extend the sealed temporary restraining order 45 to and including May 16, 2025, is granted. If plaintiff would like a captioned order to be entered, counsel should send a proposed order extending the sealed temporary restraining order, in PDF and Microsoft Word-readable formats, to Proposed_Order_Gottschall@ilnd.uscourts.gov. The preliminary injunction hearing tentatively set for May 2, 2025, at 10:30 a.m. is stricken and reset to May 16, 2025, at 10:30 a.m. Any preliminary injunction motion is due on or before May 12, 2025. The court will rule on any preliminary injunction motion without holding a hearing unless a timely written response is filed or a timely request to hold a hearing is received. The deadline to file a response to, or request a hearing on, plaintiff's anticipated motion for preliminary injunction is May 14, 2025. A hearing may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff is ordered to serve defendant with a copy of this order along with any motion for preliminary injunction. Mailed notice

50

April 30, 2025

SUMMONS Issued (Court Participant) as to Defendant icedout

51

May 2, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's proposed order emailed May 1, 2025, extending the temporary restraining order does not include the language required by ¶¶ 8 and 9 of this court's standing order 10 in "Schedule A" cases. The proposed order also extends the temporary restraining order to the incorrect date. The injunction hearing is tentatively set for May 16, 2025, at 10:30 AM. Plaintiff is instructed to re-submit and re-file its proposed order extending the temporary restraining order by and including May 6, 2025.Mailed notice

52

May 8, 2025

ORDER TO EXTEND THE TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 5/8/2025.Mailed notice

53

May 15, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's May 12, 2025, deadline 52 to file a motion for preliminary injunction has come and gone, and no motion has been filed. The preliminary injunction hearing tentatively set for May 16, 2025, is stricken. Plaintiff is instructed to file a status report by and including May 23, 2025. Mailed notice

55

May 23, 2025

STATUS Report by Playboy Enterprises International, Inc.

57

May 23, 2025

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

58

May 27, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff represents in its status report 55 dated May 23, 2025, that it intends to serve defendant with the summons and complaint by May 30, 2025. As plaintiff proposes, its motion for preliminary injunction is due on or before June 3, 2025. The court will set a tentative preliminary injunction hearing if and when plaintiff files a written motion for preliminary injunction. The next status report is due on the date proposed by plaintiff, that is, June 5, 2025. Mailed notice

59

May 28, 2025

SUMMONS Returned Executed by Playboy Enterprises International, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 5/28/2025, answer due 6/18/2025.

60

May 28, 2025

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Playboy Enterprises International, Inc.

61

June 3, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

62

June 3, 2025

MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for preliminary injunction 61

63

June 3, 2025

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 61

64

June 4, 2025

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Playboy Enterprises International, Inc.

65

June 5, 2025

STATUS Report by Playboy Enterprises International, Inc.

66

June 5, 2025

MINUTE entry before the Honorable Joan B. Gottschall: A hearing on plaintiff's motion for preliminary injunction 61 is tentatively set for June 13, 2025, at 10:30 AM Central Standard Time. Any preliminary injunction hearing will be held by teleconference. The court will rule on plaintiff's motion for preliminary injunction 61 without holding a hearing unless the court receives a request to hold a hearing on or before June 11, 2025. A hearing may be requested by emailing Chambers_Gottschall@ilnd.uscourts.gov. All counsel of record must be copied. Plaintiff may provide notice of the preliminary injunction hearing to defendants in the manner specified in the temporary restraining order. ECF No. 45 ¶ 7. Plaintiff is instructed to file a supplemental certificate of service showing that defendant received notice of this order setting a tentative preliminary injunction hearing. Plaintiff's supplemental certificate of service is due by and including June 6, 2025. Mailed notice

67

June 6, 2025

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Playboy Enterprises International, Inc.

68

June 9, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff represents in its June 5, 2025, status report 65 that it is engaged in settlement discussions with defendant "icedout" and that plaintiff expects to resolve this matter within thirty days. Given those representations, plaintiff is instructed to file a supplemental status report by noon on June 11, 2025, telling the court whether it wishes to proceed on its motion for preliminary injunction, which is tentatively set for hearing on June 13, 2025, at 10:30 AM. Mailed notice

69

June 11, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for preliminary injunction Plaintiff's Renewed Motion for Entry of a Preliminary Injunction as to Defendant No. 95 "ICEDOUT' Nunc Pro Tunc as of May 16, 2025

70

June 11, 2025

MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for preliminary injunction, 69

71

June 11, 2025

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction, 69

72

June 11, 2025

STATUS Report by Playboy Enterprises International, Inc.

73

June 12, 2025

MINUTE entry before the Honorable Joan B. Gottschall: On June 11, 2025, plaintiff filed what is in substance an amended motion 69 for preliminary injunction. Plaintiff seeks all of the relief it sought in its original preliminary injunction motion 61 filed June 3, 2025. In addition, plaintiff requests that the preliminary injunction be issued nunc pro tunc to May 16, 2025, apparently to maintain the efficacy of the temporary restraining order, which expired on that date. Plaintiff cites no authority in support of its request for nunc pro tunc relief. Ordinarily, the amended motion would require the hearing date to be reset because plaintiff filed it on the day defendant's response or request for a hearing was due, risking depriving defendant of notice and a meaningful opportunity to be heard on plaintiff's request for nunc pro tunc relief. Resetting the hearing/response deadline is unnecessary however, because plaintiff offers no legally sufficient justification for issuing a nunc pro tunc order other than the bare fact that the temporary restraining order expired by its own terms three weeks ago. The Seventh Circuit has repeatedly held that the nunc pro tunc procedure "is not a substitute for relation back. It can't be used to revise history, but only to correct inaccurate records." Just. v. Town of Cicero., 682 F.3d 662, 664 (7th Cir. 2012) (quoting In re IFC Credit Corp., 663 F.3d 315, 31718 (7th Cir. 2011); other citations omitted). Plaintiff identifies no inaccurate records to be corrected, so its motion for a preliminary injunction is denied insofar as it seeks a nunc pro tunc order. In addition, the motion is denied insofar as plaintiff requests in ¶ 5 of its proposed form of preliminary injunction emailed to the court on June 11, 2025, an order authorizing plaintiff to serve the summons and complaint by electronic means under Federal Rule of Civil Procedure 4(f)(3). Plaintiff makes no effort to justify Rule 4(f)(3) relief in its motion and supporting memorandum, nor has it demonstrated that it is unable to determine defendant's location after reasonably diligent efforts. See Standing Order in "Schedule A" Cases ¶ 7, ECF No. 10. Defendant's deadline 68 to request a hearing on, or file a response to, plaintiff's motion 61 for a preliminary injunction has come and gone, and nothing has been received. Plaintiff's original and amended motions (ECF Nos. 61 and 69) for a preliminary injunction are granted in part and denied in part consistent with this order. Enter preliminary injunction consistent with this order. The preliminary injunction hearing set tentatively for June 13, 2025, is stricken. A status report is due by and including June 27, 2025. Mailed notice

74

June 12, 2025

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 6/12/2025.Mailed notice

75

June 27, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. Motion for Leave to Serve Summons and Complaint by Electronic Means

Exhibit A

(Exhibit B)

76

June 27, 2025

STATUS Report by Playboy Enterprises International, Inc.

77

June 30, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion 75 for leave to serve the summons and complaint by electronic means is granted. The court bases its decision solely on the declaration of Luis Figueroa because that declaration references defendant no. 95, the sole defendant named in amended Schedule A 14 to the complaint. The declaration of Robert P. McMurray references defendant no. 66, which is not named in amended Schedule A. Enter order. The next status report is due by and including July 21, 2025. Mailed notice

78

June 30, 2025

ORDER Signed by the Honorable Joan B. Gottschall on 6/30/2025.Mailed notice

79

July 21, 2025

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Playboy Enterprises International, Inc.

80

July 21, 2025

STATUS Report by Playboy Enterprises International, Inc.

81

July 24, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff represents in its status report 80 filed July 21, 2025, that it intends to move for default judgment by August 15, 2025. If no such motion is on file by that date, plaintiff must file a further status report on August 15, 2025. Mailed notice

82

Aug. 15, 2025

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Playboy Enterprises International, Inc.

83

Aug. 15, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

84

Aug. 15, 2025

MOTION by Plaintiff Playboy Enterprises International, Inc. for default judgment as to

(Final Judgment Order)

85

Aug. 15, 2025

MEMORANDUM by Playboy Enterprises International, Inc. in support of motion for default judgment 84

Exhibit A

Exhibit B

Exhibit C

Exhibit D

(Exhibit E)

86

Aug. 15, 2025

DECLARATION of Michael A. Hierl regarding motion for default judgment 84

(Exhibit Hierl Exhibit 1)

87

Aug. 19, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion, Dkt. No. [83], for leave to exceed page limit, filed August 15, 2025, is granted. Plaintiff's memorandum of law, Dkt. No. [85], in support of its motion for default judgment, filed August 15, 2025, is deemed filed with leave of court under Local Rule 7.1. Mailed notice

88

Aug. 19, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion for default judgment Dkt. No. [84]. A written response to, or request for a hearing on, the motion is due by and including September 2, 2025. Any hearing will be held by teleconference. A hearing may be requested by emailing Chambers_Gottschall@ilnd.uscourts.gov and copying all parties and attorneys who have appeared in this case. The court will rule on the papers if it does not receive a timely response or hearing request. Plaintiff is ordered to serve defendant with a copy of this order in accordance with Federal Rule of Civil Procedure 5. Plaintiff is further ordered to file a supplemental certificate of service on or before August 20, 2025. Mailed notice

89

Aug. 20, 2025

CERTIFICATE of Service by Elizabeth Aubree Miller on behalf of Playboy Enterprises International, Inc.

90

Sept. 15, 2025

MINUTE entry before the Honorable Joan B. Gottschall: The deadline 88 to respond to, or request a hearing on, plaintiff's motion for default judgment has come and gone, and nothing has been received. The motion 84 is granted with the exception of the proposed permanent asset freeze in paragraph four of the proposed default judgment: "Amazon shall, within five (5) business days of receipt of this Order, permanently restrain and enjoin Defaulting Defendant's account, Defaulting Defendant's Online Marketplace Account or Defaulting Defendant's website from transferring or disposing of any money or other of Defaulting Defendant's assets." Plaintiff did not justify imposing a permanent asset freeze in its memorandum 85 supporting its motion for default judgment. Plaintiff has one week, to and including September 22, 2025, either to file a supplemental memorandum of law justifying proposed paragraph four or file an amended proposed default judgment eliminating paragraph four. Mailed notice

91

Sept. 22, 2025

MEMORANDUM by Playboy Enterprises International, Inc. Plaintiff's Supplemental Memorandum in Support of its Claim for a Permanent Injunction as Part of its Motion for Entry of Default and Default Judgment

(Exhibit A)

92

Sept. 24, 2025

ORDER Signed by the Honorable Joan B. Gottschall on 9/24/2025.Mailed notice

93

Sept. 24, 2025

MINUTE entry before the Honorable Joan B. Gottschall: Enter default judgment. Civil case terminated. Mailed notice

94

Sept. 24, 2025

FINAL JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 9/24/2025. Mailed notice

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