2022-cv-04709

2022-cv-04709 Kids Ride Shotgun Limited v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A of the Complaint

Date :9/1/2022
Court :Northen District of Illinois
Law FirmThoits Law

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Date

Document

1

Sept. 1, 2022

COMPLAINT filed by Kids Ride Shotgun Limited; Filing fee $ 402, receipt number AILNDC-19803207.

Exhibit Ex. 1 Trademark and Copyright

(Supplement Provisionally Filed Under Seal - Schedule A Slip Sheet)

2

Sept. 1, 2022

CIVIL Cover Sheet

3

Sept. 1, 2022

ATTORNEY Appearance for Plaintiff Kids Ride Shotgun Limited by David Edward Hutchinson

4

Sept. 1, 2022

SEALED DOCUMENT by Plaintiff Kids Ride Shotgun Limited Schedule A to Complaint

5

Sept. 1, 2022

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kids Ride Shotgun Limited Plaintiff's Corporate Disclosure Statement and Notification as to Affiliates Pursuant to Fed. R. Civ. P. 7.1 and Local Rule 3.2.

6

Sept. 1, 2022

CLAIM by Kids Ride Shotgun Limited regarding Trademarks.

7

Sept. 1, 2022

CLAIM by Kids Ride Shotgun Limited regarding Copyright.

10

Sept. 1, 2022

MOTION by Plaintiff Kids Ride Shotgun Limited for leave to file excess pages

11

Sept. 1, 2022

EXHIBIT by Plaintiff Kids Ride Shotgun Limited regarding MOTION by Plaintiff Kids Ride Shotgun Limited for leave to file excess pages 10

Declaration Attorney Declaration of David E. Hutchinson

Exhibit Ex. 1 to Attorney Declaration

Exhibit Ex. 2 to Attorney Declaration

Exhibit Ex. 3 to Attorney Declaration

Exhibit Ex. 4 to Attorney Declaration

Exhibit Ex. 5 to Attorney Declaration

Exhibit Ex. 6 to Attorney Declaration

Declaration Client Declaration of Thomas Haywart

(Exhibit Ex. 1 Trademark and Copyright)

12

Sept. 1, 2022

SEALED EXHIBIT by Plaintiff Kids Ride Shotgun Limited regarding MOTION by Plaintiff Kids Ride Shotgun Limited for leave to file excess pages 10

Exhibit Ex. 2 (2 of 10) to Thomas Hayward Declaration

Exhibit Ex. 2 (3 of 10) to Thomas Hayward Declaration

Exhibit Ex. 2 (4 of 10) to Thomas Hayward Declaration

Exhibit Ex. 2 (5 of 10) to Thomas Hayward Declaration

Exhibit Ex. 2 (6 of 10) to Thomas Hayward Declaration

Exhibit Ex. 2 (7 of 10) to Thomas Hayward Declaration

Exhibit Ex. 2 (8 of 10) to Thomas Hayward Declaration

Exhibit Ex. 2 (9 of 10) to Thomas Hayward Declaration

(Exhibit Ex. 2 (10 of 10) to Thomas Hayward Declaration)

13

Sept. 1, 2022

ATTORNEY Appearance for Plaintiff Kids Ride Shotgun Limited by Christopher M. Tom

14

Sept. 1, 2022

ATTORNEY Appearance for Plaintiff Kids Ride Shotgun Limited by Nathan Daniel Monroe-yavneh

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.

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.

15

Sept. 2, 2022

MAILED Copyright report to Registrar, Washington DC.

16

Sept. 2, 2022

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.

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.

17

Sept. 30, 2022

NOTICE of Motion by David Edward Hutchinson for presentment of motion for leave to file excess pages 10 before Honorable Franklin U. Valderrama on 10/5/2022 at 09:00 AM.

18

Sept. 30, 2022

MINUTE entry before the Honorable Franklin U. Valderrama: The Court strikes Plaintiff's notice of motion on 10/05/2022 at 9:00 AM 17. Plaintiff is reminded, again, to review this Court's webpage before filing any documents on the docket. Plaintiff's notice of motion violates the Court's Standing Order, which states, "[p]arties are not to schedule motion presentment hearings." Mailed notice

19

Nov. 1, 2022

NOTICE by Kids Ride Shotgun Limited re sealed document 4 of Filing Revised First Amended Schedule A.

(Supplement Provisionally Filed Under Seal - First Amended Schedule A slipsheet)

20

Nov. 1, 2022

SEALED DOCUMENT by Plaintiff Kids Ride Shotgun Limited First Amended Schedule A, which supersedes the Schedule A to the Complaint 4.

21

Dec. 13, 2022

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's ex parte motion to seal [8], ex parte motion for a temporary restraining order [9], and motion for leave to file excess pages [10]. Provided that Plaintiff provides the security described in paragraph 11 of the temporary restraining order, the temporary restraining order shall become effective on December 16, 2022 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. Mailed notice

22

Dec. 13, 2022

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Franklin U. Valderrama on 12/13/2022. Mailed notice

23

Dec. 15, 2022

Registry Deposit Information Form by Kids Ride Shotgun Limited $10,000 Deposit.

24

Dec. 15, 2022

AMENDED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Franklin U. Valderrama on 12/15/2022. Emailed notice

BOND in the amount of $ 10,000 via check, Receipt No. 4624280251, posted by Kids Ride Shotgun Limited

26

Dec. 28, 2022

MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Motion to Extend the Temporary Restraining Order [25]. The Temporary Restraining Order [21] [24] shall now expire on 1/13/2023 at 6:00 p.m. Emailed notice

27

Dec. 28, 2022

ORDER ON PLAINTIFF'S EX PARTE MOTION TO EXTEND TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 12/28/2022. Emailed notice

28

Dec. 29, 2022

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 12/29/2022: Mailed notice.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A of the Complaint

29

Jan. 4, 2023

NOTICE of Voluntary Dismissal by Kids Ride Shotgun Limited of Defendant Nos. 45, 88, 90, 91, 94, and 96.

30

Jan. 10, 2023

SUMMONS Returned Executed by Kids Ride Shotgun Limited as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A of the Complaint on 1/10/2023, answer due 1/31/2023.

31

Jan. 10, 2023

MOTION by Plaintiff Kids Ride Shotgun Limited for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction and to Extend the Temporary Restraining Order.

Supplement Memo in support of Plaintiff's Motion for Entry of a Preliminary

Declaration Declaration of David E. Hutchinson in support of Plaintiff's Mo

32

Jan. 11, 2023

MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction [31] is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Amended Schedule A to the Complaint [20]; (2) Exhibit 2 to the Declaration of Thomas Hayward [12] [12-1] [12-2] [12-3] [12-4] [12-5] [12-6] [12-7] [12-8] [12-9]; and (3) the TRO [24]. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice

33

Jan. 11, 2023

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 1/11/2023. Emailed notice

35

Jan. 12, 2023

MINUTE entry before the Honorable Franklin U. Valderrama: Because the Court has already granted Plaintiff's motion for preliminary injunction (R. 32, 33), Plaintiff's ex parte motion to extend the TRO 34 is stricken. Emailed notice

NEW PARTIES: Shandong Obison Sport Equipment Co., Ltd. (1), above glory Store (2), AliExpress Convenient Life Supermarket 2226 Store (3), ASD2018 Store (4), Biking Parts Store (5), Biking Wind Store / KZLAA Official Store (6), Bracyc Official Store (7), Convenience99 Store (8), Cycling life Store (9), Fazlakat-Pet Store (10), Five gogogo Store (11), FREELY DEER Store (12), Go!Go!Go! Store (13), MC l Outdoor Fun & Entertainment Store (14), Mother&Baby Supplies Store (15), Nice Hike Store (16), on the way Store (17), Outdoor Enjoyy Store (18), OutdoorTainment Store (19), Pei Qi Sporting Store (20), Peting Store (21), QualityCycling Store (22), riderace Store (23), RiderSport Store (24), Shop1102059390 Store (25), Shop1102128105 Store (26), Shop4386024 Store (27), Shop900246382 Store (28), Shop911053032 Store (29), Shop911615317 Store (30), Smart CAR Home Store (31), ULTRA SPORT Store (32), Unlimited S store Store (33), Wild Side Cycling E-commerce Co., Ltd Store (34), YouXiang Store (35), baichuanghongluxue (36), Big handsome US (37), earthsed (38), Faster&Better (39), Ganidy (40), Guangzhou Wenyou Jewelry Co., Ltd (41), GuDe Trade (42), HNIN US (43), hopexw (44), HouyelUS (45), Hoyand (46), HTREGXD (47), JDHFKFIUN (48), Lilith123 (49), LIUQINSHANGDIAN001 (50), LOTIN US (51), lovepeet (52), Mgc-US (53), Myy-US (54), Robertv (55), SakuraRui (56), Stephenshop (57), thomilliom (58), TPPNFTEMD US (59), WLDM Online (60), xinbenshuodianzishangwuyoudiangongsi (61), YangQuanShiKuangQuRongBoFuZhuangDian (62), Yinglong Shop (63), Yunnyp (64), ALN RH (65), ASSEC (66), CANADA SHOPPING (67), E&E MALL (68), EIGHTY8 (69), herostore19 (70), JDHFKFIUN (71), JiaJuBaiHuoStore (72), jianghongqiangmaidehao (73), KARMEN-BRANCH (74), Luna-CA (75), Mass Design (76), QINGFENGSHOP (77), RY EXPORT (78), safari store (79), SAYLIG'S STORE (80), ShipWorld (81), Thinvik (82), topusastore (83), dvacso.com (84), alinmetkalo_0 (85), auto-parts-6 (86), cashnuselva_0 (87), dcarlisem (88), eliranzz09 (89), gem83fos (90), m.goda (91), max-e-commerce (92), sherashub_0 (93), the.cloud.store (94), vilobyc_usa (95), xkon4r (96), Changningshijiruiwangluokejiyouxiangongsi (97), Creator Trade Inc (98), Gyuunyuu (99), jiningningzhenshangmaoyouxiangongsi (100), Joybuy Fashion (101), Joybuy Selection (102), LIVEBET INC (103), Miruku (104), putianzhihuimaoyiyouxiangongsi (105), SHENZHENSHIBALIDIANZIKEJIYOUXIANGONGSI (106), Shenzhenshilebusishumaoyiyouxiangongsi (107), shenzhenshixingtianjishuyouxiangongsi (108), Wuhan Xinshidudianzishangwu Youxiangongsi (109), YAGHVEO (110), Yucheng (111) and ZONPOR (112) added to case caption.

38

Jan. 17, 2023

MOTION by Plaintiff Kids Ride Shotgun Limited for preliminary injunction Plaintiff's Motion for Entry of a Second Preliminary Injunction.

Supplement Memo in support of Second Preliminary Injunction

Declaration Declaration of David E. Hutchinson in support of Second Preliminary

40

Jan. 19, 2023

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff's motion for entry of a second preliminary injunction against the 17 Defendants listed on Schedule A to the Declaration of David Hutchinson 38 is granted. See R. 38-2 at 45. Enter Preliminary Injunction Order. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice.

(Add and Terminate Party) (axc)

41

Jan. 19, 2023

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 1/19/2023. Emailed notice

42

Jan. 30, 2023

NOTICE of Voluntary Dismissal by Kids Ride Shotgun Limited of Defendant Nos. 78 (RY EXPORT), 81 (ShipWorld), and 89 (eliranzz09).

43

Jan. 31, 2023

NOTICE of Voluntary Dismissal by Kids Ride Shotgun Limited of Defendant No. 82 (Thinvik).

45

Feb. 6, 2023

MOTION by Defendant Creator Trade Inc (98) for extension of time (Unopposed)

46

Feb. 7, 2023

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant Creator Trade Inc.'s unopposed motion for extension of time to respond to Plaintiff's complaint 45. The deadline for Defendant Creator Trade Inc. to respond to Plaintiff's complaint is extended to 3/2/2023. Emailed notice

47

Feb. 8, 2023

NOTICE of Voluntary Dismissal by Kids Ride Shotgun Limited of Defendant Nos. 38, 41, 58, and 86.

48

Feb. 15, 2023

MOTION by Plaintiff Kids Ride Shotgun Limited for entry of default and default judgment.

Supplement Memo in support of Motion for Entry of Default and Default Judgment

Declaration Declaration of David E. Hutchinson in support of Motion for Entry of

Exhibit Ex. A - Summons Service Email

Exhibit Ex. B - Case Website

Exhibit Ex. C - Second Amended Schedule A

Exhibit Iron Maiden Default Judgment

50

Feb. 16, 2023

MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has filed a motion for entry of default and default judgment as to Defendants identified on the Second Amended Schedule A ("Defaulting Defendants"), and has submitted a proposed default judgment order to the Court's proposed order inbox. See R. 48-5 (Second Amended Schedule A). The motion 48 is granted. Default Judgment Order to follow. Mailed notice.

51

Feb. 16, 2023

DEFAULT JUDGMENT ENTERED Signed by the Honorable Franklin U. Valderrama on 2/16/2023.Mailed notice.

52

Feb. 27, 2023

FULL SATISFACTION of Judgment regarding entered judgment 51 of Defendant No. 92 (max-e-commerce).

53

March 8, 2023

MOTION by Attorney Nathan Monroe-Yavneh to withdraw as attorney for Kids Ride Shotgun Limited. No party information provided

Affidavit Affidavit in support of Motion for Withdrawal of Attorney of Record (N

Text of Proposed Order Proposed Order for Withdrawal of Attorney of Record (Nath

54

March 9, 2023

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff's motion to withdraw 53 is granted and attorney Nathan Monroe-Yavneh is terminated from this case. Emailed notice

55

April 4, 2023

FULL SATISFACTION of Judgment regarding entered judgment 51 of Defendant No. 60 (WLDM Online).

56

April 17, 2023

FULL SATISFACTION of Judgment regarding entered judgment 51 of Defendant Nos. 21 (Peting Store) and 35 (YouXiang Store).

57

April 25, 2023

FULL SATISFACTION of Judgment regarding entered judgment 51 of Defendant No. 75 (Luna-CA).

58

May 5, 2023

NOTICE of Voluntary Dismissal by Kids Ride Shotgun Limited of Defendant No. 84 (dvacso.com).

59

May 22, 2023

FULL SATISFACTION of Judgment regarding order 51 of Defendant No. 74 (KARMEN-BRANCH)

60

May 30, 2023

NOTICE of Voluntary Dismissal by Kids Ride Shotgun Limited of Defendant No. 65 (ALN RH).

61

June 8, 2023

MINUTE entry before the Honorable Franklin U. Valderrama: On February 16, 2023, the Court entered default judgment against the Defendants listed in Second Amended Schedule A. R. 51. It appearing that all Defendants have either been dismissed or are subject to the Default Judgment Order. Therefore, the ten thousand dollar ($10,000.00) bond posted by Plaintiff via check, including any interest minus the registry fee, is hereby released to David Edward Hutchinson. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to David Edward Hutchinson, Thoits Law, 1136 S. Delano Court West Ste B201, 2068, Chicago, Illinois 60605. Civil case terminated. Mailed notice.

62

June 8, 2023

ORDER: On February 16, 2023, the Court entered default judgment against the Defendants listed in Second Amended Schedule A. R. 51. It appearing that all Defendants have either been dismissed or are subject to the Default Judgment Order. Therefore, the ten thousand dollar ($10,000.00) bond posted by Plaintiff via check, including any interest minus the registry fee, is hereby released to David Edward Hutchinson. The Clerk of the Court is directed to return the bond previously deposited with the Clerk of the Court to David Edward Hutchinson, Thoits Law, 1136 S. Delano Court West Ste B201, 2068, Chicago, Illinois 60605. Civil case terminated. Signed by the Honorable Franklin U. Valderrama on 6/8/2023. Mailed notice.

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