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2023-cv-15309

Kelly Toys Holdings, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院:伊利诺伊州北法院
发案日期:2023-10-25
原告:Kelly Toys Holdings, LLC
代理律所:GBC
诉讼类型:商标、版权
# Date Description
[+] 1 2023-10-25 COMPLAINT filed by Kelly Toys Holdings, LLC; Filing fee $ 402, receipt number AILNDC-21258769.
2 2023-10-25 SEALED EXHIBIT by Plaintiff Kelly Toys Holdings, LLC Schedule A regarding complaint, [1]
3 2023-10-25 MOTION by Plaintiff Kelly Toys Holdings, LLC for leave to file under seal
4 2023-10-25 CIVIL Cover Sheet
5 2023-10-25 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kelly Toys Holdings, LLC
6 2023-10-25 Notice of Claims Involving Trademarks by Kelly Toys Holdings, LLC
7 2023-10-25 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Justin R. Gaudio
8 2023-10-25 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Amy Crout Ziegler
9 2023-10-25 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Jake Michael Christensen
[+] 10 2023-10-25 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Berel Yonathan Lakovitsky
11 2023-10-27 MOTION by Plaintiff Kelly Toys Holdings, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
12 2023-10-27 MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for temporary restraining order 11
[+] 13 2023-10-27 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12
[+] 14 2023-10-27 DECLARATION of Jeremy Padawer regarding memorandum in support of motion 12
[+] 15 2023-10-27 SEALED EXHIBIT by Plaintiff Kelly Toys Holdings, LLC Exhibit 4 - Parts 1-5 regarding declaration 14
16 2023-10-27 MOTION by Plaintiff Kelly Toys Holdings, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
17 2023-10-27 MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for miscellaneous relief 16
[+] 18 2023-10-27 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17
19 2023-10-27 NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 11, motion for miscellaneous relief 16, motion for leave to file 3 before Honorable John Robert Blakey on 11/1/2023 at 11:00 AM.
20 2023-10-31 MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal [3] and motion for electronic service of process [16]. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [11]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 11/14/23. The 11/1/23 Notice of Motion date is stricken. Mailed notice
[+] 21 2023-10-31 SEALED ORDER Signed by the Honorable John Robert Blakey on 10/31/2023. Mailed notice
22 2023-11-03 MOTION by Plaintiff Kelly Toys Holdings, LLC for extension of time of Temporary Restraining Order
[+] 23 2023-11-03 MEMORANDUM by Kelly Toys Holdings, LLC in support of extension of time 22
24 2023-11-03 NOTICE of Motion by Jake Michael Christensen for presentment of extension of time 22 before Honorable John Robert Blakey on 11/8/2023 at 11:00 AM.
25 2023-11-03 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 22 to extend the temporary restraining order entered 10/31/23 21. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 11/28/23. The 11/8/23 Notice of Motion date is stricken. Mailed notice
26 2023-11-03 SURETY BOND in the amount of $ 10,000.00 posted by Kelly Toys Holdings, LLC. (Document not scanned)
27 2023-11-16 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
28 2023-11-17 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain Defendants
[+] 29 2023-11-17 MOTION by Plaintiff Kelly Toys Holdings, LLC for preliminary injunction
[+] 30 2023-11-17 MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for preliminary injunction 29
[+] 31 2023-11-17 NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction 29 before Honorable John Robert Blakey on 11/22/2023 at 11:00 AM.
[+] 32 2023-11-17 SUMMONS Returned Executed by Kelly Toys Holdings, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/17/2023, answer due 12/8/2023.
33 2023-11-17 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Trevor Christian Talhami
34 2023-11-21 MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal 27, 28, the Court hereby dismisses this case without prejudice as to the following Defendants: promshoes (No. 37); smith_dress (No. 41); Hopearl (No. 69); Nocpek (Temu) (No. 77); and YAAAY (No. 90). Absent reinstatement by 8/16/24, the dismissal as to these Defendants shall automatically convert to a dismissal with prejudice. The 11/22/23 hearing on Plaintiff's motion for preliminary injunction 29 is stricken and reset for 11/28/23 at 11:00 a.m. in Courtroom 1203. Mailed notice
35 2023-11-28 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Justin Tyler Joseph
36 2023-11-28 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 11/28/2023. Plaintiff appeared, but no Defendants appeared or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [29]. Accordingly, and based upon the same findings made in this Court's TRO [21], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [29]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Status hearing set for 1/23/2024 at 11:00 a.m. in Courtroom 1203. Mailed notice
[+] 37 2023-11-28 PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 11/28/2023. Mailed notice
38 2023-11-30 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
39 2023-12-07 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
40 2023-12-12 MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal [38], [39], the Court hereby dismisses this case without prejudice as to the following Defendants: liubabyshop (No. 27); maple-today (No. 32); spen13tne (No. 43); Easfan (No. 2); cestbon (No. 59); Punch duck stuffed toy (No. 78); and YOYIGA (No. 91). Absent reinstatement by 9/12/24, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. Mailed notice
41 2023-12-14 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
42 2023-12-21 MOTION by Attorney Jake M. Christensen to withdraw as attorney for Kelly Toys Holdings, LLC. No party information provided
43 2023-12-21 NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion to withdraw as attorney[42] before Honorable John Robert Blakey on 1/3/2024 at 11:00 AM.
44 2023-12-27 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to withdraw the appearance of Jake M. Christensen [42], strikes the 1/3/24 Notice of Motion date, and directs the Clerk to remove Attorney Christensen from the docket. Additionally, based upon the notice of voluntary dismissal [41], the Court hereby dismisses this case without prejudice as to the following Defendants: A Red Book (No. 52); BOTXRQX Sticker (No. 57); Chillcity (No. 60); Curious Life (No. 63); Sky Bamboo (No. 83); TNTIYO (No. 86); and ZXIRNA (No. 93). Absent reinstatement by 9/12/24, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. Mailed notice.
45 2023-12-28 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
46 2023-12-28 ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.
47 2024-01-02 MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal [45], the Court hereby dismisses this case without prejudice under Rule 41(a) as to the following Defendants: foreverxxx (No. 8); czfy03 (No. 16); and Art union toys (No. 56). Absent reinstatement by 9/26/24, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. The Court strikes the 1/23/24 status hearing and orders Plaintiff to file a status report by 1/30/24. Mailed notice
48 2024-01-02 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Andrew Daniel Burnham
[+] 49 2024-01-02 MOTION by Plaintiff Kelly Toys Holdings, LLC for entry of default, MOTION by Plaintiff Kelly Toys Holdings, LLC for default judgment as to all Defendants
[+] 50 2024-01-02 MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment[49]
[+] 51 2024-01-02 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[50]
[+] 52 2024-01-02 NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for entry of default, motion for default judgment[49] before Honorable John Robert Blakey on 1/10/2024 at 11:00 AM.
53 2024-01-03 ATTORNEY Appearance for Defendants CHENGYU, HFTZ, Kody.llc, Mora Tech, Zebadiah Store, bayline2019 by Michael Thomas Stanley
54 2024-01-03 MOTION by Defendants CHENGYU, HFTZ, Kody.llc, Mora Tech, Zebadiah Store, bayline2019 for extension of time to file answer regarding complaint, [1]
55 2024-01-03 NOTICE of Motion by Michael Thomas Stanley for presentment of motion for extension of time to file answer[54] before Honorable John Robert Blakey on 1/10/2024 at 11:00 AM.
56 2024-01-05 MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendants' motion to extend time 54 and strikes the 1/10/24 Notice of Motion date. Defendants shall respond to the complaint by 1/24/24. In light of this extension, the Court denies without prejudice Plaintiff's motion for default and default judgment 49 and strikes the 1/10/24 Notice of Motion date as to this motion as well. Mailed notice
57 2024-01-11 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
58 2024-01-18 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
59 2024-01-24 MOTION by Defendants CHENGYU, HFTZ, Kody.llc, Mora Tech, Zebadiah Store, bayline2019 for extension of time to file answer regarding complaint, [1] Second Motion for Extension of Time to Respond to Complaint
60 2024-01-24 NOTICE of Motion by Michael Thomas Stanley for presentment of motion for extension of time to file answer[59] before Honorable John Robert Blakey on 1/31/2024 at 11:00 AM.
61 2024-01-25 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants
62 2024-01-25 MINUTE entry before the Honorable John Robert Blakey: Based upon the notices of voluntary dismissal [57], [58], [61], the Court hereby dismisses this case without prejudice under Rule 41(a) as to the following Defendants: EYTIYO (No. 65); NICEEGG (No. 76); SUNYOK (No. 99); Cat Lovers Home (No. 58); DOU Baby plush toy (No. 64); huawuque (No. 70); fifth-one (No. 6); and GREAWOD (No. 10). Absent reinstatement by 9/26/24, the dismissal of these Defendants shall automatically convert to a dismissal with prejudice. Additionally, the Court grants the second motion to extend time filed by Defendants 94 bayline2019, 95 CHENGYU, 96 HFTZ, 97 Kody,llc, 98 Mora Tech, and 100 Zebadiah Store; these Defendants shall respond to the complaint by 2/14/24. The 1/31/24 Notice of Motion date is stricken. Mailed notice
[+] 63 2024-01-26 MOTION by Plaintiff Kelly Toys Holdings, LLC for entry of default, MOTION by Plaintiff Kelly Toys Holdings, LLC for default judgment as to all Defendants with the exception of certain Defendants (Renewed)
[+] 64 2024-01-26 MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment, 63
[+] 65 2024-01-26 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 64
[+] 66 2024-01-26 NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for entry of default, motion for default judgment, 63 before Honorable John Robert Blakey on 1/31/2024 at 11:00 AM.
67 2024-01-30 MINUTE entry before the Honorable John Robert Blakey: The Court denies without prejudice Plaintiff's motion for default and default judgment 63. This Court previously granted several Defendants an extension of time to respond to the complaint, see 62, and, although Plaintiff has excepted these Defendants from the current motion, it has not offered a factual or legal basis to justify piecemealing judgment in this manner. The 1/31/24 Notice of Motion date is stricken. Mailed notice
[+] 68 2024-01-30 STATUS Report pursuant to 47 by Kelly Toys Holdings, LLC
69 2024-03-07 ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Jennifer Van Nacht
70 2024-03-07 NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain Defendants
[+] 71 2024-03-07 MOTION by Plaintiff Kelly Toys Holdings, LLC for entry of default, MOTION by Plaintiff Kelly Toys Holdings, LLC for default judgment as to all Defendants
[+] 72 2024-03-07 MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment 71
[+] 73 2024-03-07 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 72
[+] 74 2024-03-07 NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for entry of default, motion for default judgment 71 before Honorable John Robert Blakey on 3/13/2024 at 11:00 AM.
75 2024-03-13 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 3/13/2024. Defendants failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for entry of default judgment 71 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice
76 2024-03-13 DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 3/13/2024. Mailed notice
77 2024-04-18 NOTICE of withdrawal of Surety Bond 26 by John Summerfield. (Received at the Intake Counter on 4/18/24.)
78 2024-07-08 FULL SATISFACTION of Judgment regarding order[76] as to certain defendant
79 2024-10-03 FULL SATISFACTION of Judgment regarding order[76] in the amount of $500,000 as to certain defendants