2022-cv-06977

COMPLAINT filed by FoxMind Canada Enterprises, Ltd.; Filing fee $ 402, receipt number AILNDC-20132762.

Exhibit Ex. 1. - Match Madness Registrations

(Exhibit Ex. 2 - Screenshots -Uzzle-All Star Toyz)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff FoxMind Canada Enterprises, Ltd. by David Edward Hutchinson

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by FoxMind Canada Enterprises, Ltd.

MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. to strike New Wave LLC, All Star Toyz, and Zachary Isaak's Request for Declaratory Relief and Counterclaims.

(Exhibit Ex.1 - August 15 email thread)

Re-filing New Wave LLC & All Star Toyz's Initial ANSWER to Complaint and Amended Counterclaim Against FoxMind Canada Enterprises, Ltd., COUNTERCLAIM filed by FoxMind Canada Enterprises, Ltd. against NEWWAVE HOLDINGS LLC, New Wave LLC. by FoxMind Canada Enterprises, Ltd.

RESPONSE by FoxMind Canada Enterprises, Ltd.in Opposition to MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. to strike New Wave LLC, All Star Toyz, and Zachary Isaak's Request for Declaratory Relief and Counterclaims. 5 Re-filing of New Wave LLC's Response. in Opposition to Plaintiff's Motion to Strike.

(Exhibit Ex. A to New Wave LLC's Response in Opposition to Plaintiff's Motion to Strike)

REPLY by Plaintiff FoxMind Canada Enterprises, Ltd. in support of Motion to Strike New Wave LLC, All Star Toyz, and Zachary Isaak's Request for Declaratory Relief and Counterclaims. (Refiling)

MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. to dismiss the Counterclaim filed by New Wave LLC & All Star Toyz (ECF 103).

RESPONSE by FoxMind Canada Enterprises, Ltd.in Opposition to MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. to dismiss the Counterclaim filed by New Wave LLC & All Star Toyz (ECF 103). 9 Refiling of New Wave LLC and All Star Toyz's Response in Opposition to Plaintiff's Motion to Dismiss [ECF No 111].

REPLY by Plaintiff FoxMind Canada Enterprises, Ltd. in support of Motion to Dismiss the Counterclaim filed by New Wave LLC & All Star Toyz (Refiling).

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jk2,)

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. (jk2,)

CLAIM by FoxMind Canada Enterprises, Ltd. regarding Copyright.

ATTORNEY Appearance for Defendants New Wave LLC, Newwave Holdings LLC by Rola Daaboul

ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by New Wave LLC, Newwave Holdings LLC against FoxMind Canada Enterprises, Ltd. by New Wave LLC, Newwave Holdings LLC

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by New Wave LLC, Newwave Holdings LLC

SUMMONS Returned Executed by FoxMind Canada Enterprises, Ltd. as to Newwave Holdings LLC on 12/16/2022, answer due 1/6/2023.

SUMMONS Returned Executed by FoxMind Canada Enterprises, Ltd. as to New Wave LLC on 12/16/2022, answer due 1/6/2023.

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.

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 1/26/2023 at 9:15 AM which will proceed in Courtroom 2503. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice

(Virtual Hearing Request Form)

MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. to dismiss the Counterclaim filed by NewWave Holdings LLC and NewWave LLC (ECF 15).

MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. for preliminary injunction against Defendants NewWave Holdings LLC and NewWave LLC.

Supplement Memo in support of Preliminary Injunction

(Exhibit Ex. 1 - Declaration of David Capon)

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 1/26/2023. The Court adopts schedule as outlined in Joint Status Report 23. Defendants/Counter-Plaintiffs' Response to Plaintiff's Motion to Dismiss Counterclaim 21 due by 1/30/2023. Defendants/Counter-Plaintiffs' Response to Plaintiff's Motion for Preliminary Injunction 22 shall be filed by 2/6/2023. Plaintiff's Reply in Support of the Motion to Dismiss Counterclaim 21 due by 2/13/2023. Plaintiff's Reply in Support of its Motion for Preliminary Injunction 22 due by 2/20/2023. Exchange of Initial Disclosures shall be by 2/27/2023. Deadline for written discovery, depositions, and expert discovery is 8/30/2023. Dispositive Motions shall be filed by 9/29/2023. End of Fact Discovery Status hearing is set or 9/7/2023 at 9:00 AM. Case shall be referred to Magistrate Judge Valdez for Discovery Supervision and for the purpose of a Settlement Conference. Plaintiff withdrew Motion to Strike 5. Motion to Dismiss 9 is dismissed as moot. Mailed notice

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Maria Valdez for Discovery Supervision and Settlement Conference. Signed by Executive Committee on 1/27/2023.

MINUTE entry before the Honorable Maria Valdez: This case has been referred to Judge Valdez for discovery supervision and a settlement conference. The parties have advised the Court that they are interested in participating in a settlement conference after limited discovery. Accordingly, Plaintiff is to submit a demand letter to Defendants no later than 3/15/23, and Defendants must respond with an offer letter by 3/29/23. Both letters must comply with this Court's standing order and instructions governing settlement conferences and should be electronically submitted to the Court at Proposed_Order_Valdez@ilnd.uscourts.gov no later than 3/30/23. If after reviewing the letters the Court believes a settlement conference will be fruitful, the parties will be contacted with available dates. Mailed notice

RESPONSE by New Wave LLC, Newwave Holdings LLCin Opposition to MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. to dismiss the Counterclaim filed by NewWave Holdings LLC and NewWave LLC (ECF 15). 21

RESPONSE by New Wave LLC, Newwave Holdings LLCin Opposition to MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. for preliminary injunction against Defendants NewWave Holdings LLC and NewWave LLC. 22

Exhibit A - 07.19.22 transcript

Exhibit B - Declaration of Z. Isaak

Exhibit C - Figures

Exhibit D - Charts

(Exhibit E - Timeline of Key Events)

REPLY by Plaintiff FoxMind Canada Enterprises, Ltd. to motion to dismiss 21, answer to complaint, counterclaim 15 Plaintiff's Reply in support of Motion to Dismiss the Counterclaim filed by New Wave LLC 7 New Wave Holdings LLC.

MOTION by Defendants New Wave LLC, Newwave Holdings LLC, Counter Claimants New Wave LLC, Newwave Holdings LLC for leave to file Surreply in Opposition to Plaintiff/Counter-Defendant Foxmind Canada Enterprises, LTD's Motion for Preliminary Injunction [ECF No. 22]

RESPONSE by New Wave LLC, Newwave Holdings LLCin Opposition to MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. for preliminary injunction against Defendants NewWave Holdings LLC and NewWave LLC. 22

MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Motion for leave to file Sur-Reply instanter [31] is granted. Mailed notice

MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. for order Agreed Motion for Entry of Confidentiality Order.

Exhibit Exhibit A

MINUTE entry before the Honorable Maria Valdez: The parties' Agreed Motion for Entry of Confidentiality Order [34] is denied without prejudice. The Court finds that the parties have provided an inadequate definition of "Highly Confidential - Attorneys' Eyes Only" materials. The parties may resubmit their motion after revising the proposed order to include a more fulsome definition of that category of information. Mailed notice

MOTION by Plaintiff FoxMind Canada Enterprises, Ltd. for order Renewed Agreed Motion for Entry of Confidentiality Order.

Exhibit Exhibit A

MINUTE entry before the Honorable Maria Valdez: The parties' Renewed Agreed Motion for Entry of Confidentiality Order 36 is granted. Mailed notice

AGREED CONFIDENTIALITY Order. Signed by the Honorable Maria Valdez on 3/1/2023: Mailed notice

MINUTE entry before the Honorable Maria Valdez: Remote attorneys-only settlement conference is set for 4/27/23 at 11:00 a.m. The Webex link will be sent at a later date, and counsel are to advise chambers as soon as possible if their contact information changes before the conference. Failure to comply with the provisions of the Court's Standing Order may result in the unilateral cancellation of the settlement conference by the Court. THE FACT THAT A SETTLEMENT CONFERENCE HAS BEEN SCHEDULED DOES NOT MEAN THAT THE PARTIES SHOULD STOP ENGAGING IN SETTLEMENT DISCUSSIONS AMONG THEMSELVES. The Court finds that too often the parties put settlement talks on hold until the settlement conference with the Magistrate Judge. The Court expects that many cases can be resolved among the parties without the need for court-supervised mediation. If your informal discussions are unsuccessful, the Court will conduct the conference but will expect the parties to apprise her of the status of their ongoing settlement discussions. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice

MINUTE entry before the Honorable Maria Valdez: Remote attorneys-only settlement conference held. The settlement conference will be continued to a full conference with client participation. The parties will be contacted with available dates. Mailed notice

MINUTE entry before the Honorable Maria Valdez: Remote settlement conference is set for 6/20/23 at 2:00 p.m. The Webex link will be sent at a later date, and the parties are to advise chambers as soon as possible if their contact information changes before the conference. Final settlement positions are due by 6/14/23. Failure to comply with the provisions of the Court's Standing Order may result in the unilateral cancellation of the settlement conference by the Court. THE FACT THAT A SETTLEMENT CONFERENCE HAS BEEN SCHEDULED DOES NOT MEAN THAT THE PARTIES SHOULD STOP ENGAGING IN SETTLEMENT DISCUSSIONS AMONG THEMSELVES. The Court finds that too often the parties put settlement talks on hold until the settlement conference with the Magistrate Judge. The Court expects that many cases can be resolved among the parties without the need for court-supervised mediation. If your informal discussions are unsuccessful, the Court will conduct the conference but will expect the parties to apprise her of the status of their ongoing settlement discussions. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice

EXECUTIVE COMMITTEE ORDER: It appearing that 22 CV 6977, FoxMind Canada Enterprises, Ltd. v. Newwave Holdings LLC, et al, is pending on the calendar of the Hon. Virginia M. Kendall who is currently unavailable, and this matter requires prompt attention; therefore It is hereby ordered that the Clerk of Court is to reassign 22 CV 6977, FoxMind Canada Enterprises, Ltd. v. Newwave Holdings LLC, et al, by lot to another district judge of this Court. Case reassigned to the Honorable Jorge L. Alonso for all further proceedings. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Executive Committee on 5/1/2023. (jk2,)

NOTICE of Motion by David Edward Hutchinson for presentment of motion for preliminary injunction, 22, motion to dismiss 21 before Honorable Jorge L. Alonso on 5/17/2023 at 09:30 AM.

MINUTE entry before the Honorable Jorge L. Alonso: At the parties' request, Motion hearing set for 5/17/23 is stricken and reset to 6/13/23 at 10:00 a.m. This hearing will be held in person. Notice mailed by Judge's staff

ORDER: Plaintiff's motion 21 for dismissal of defendant's counterclaim is denied. Plaintiff's motion 22 for preliminary injunction is denied. In person Motion hearing set for June 13 is converted to a telephonic Status hearing. Signed by the Honorable Jorge L. Alonso on 6/9/2023. Notice mailed by Judge's staff

ATTORNEY Appearance for Plaintiff FoxMind Canada Enterprises, Ltd. by Christopher Tom

MINUTE entry before the Honorable Jorge L. Alonso:Telephonic status hearing set for 6/13/2023 at 10:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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. Notice mailed by Judge's staff

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 6/29/23 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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. Notice mailed by Judge's staff

MINUTE entry before the Honorable Maria Valdez: Settlement conference held on 6/20/23. A settlement has been reached. Dismissal documents are to be filed with the District Judge. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Mailed notice

STATUS Report Joint Status Report by FoxMind Canada Enterprises, Ltd.

MINUTE entry before the Honorable Jorge L. Alonso: The Court has reviewed the parties' joint status report. Telephonic status hearing previously set for 6/29/23 is stricken and reset to 7/19/23 at 9:30 a.m. If a stipulation to dismiss is filed in advance of that date, no on needs to appear on 7/19/23. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of 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. Notice mailed by Judge's staff

MOTION by Attorney David E. Hutchinson to withdraw as attorney for FoxMind Canada Enterprises, Ltd. New address information: FoxMind Canada Enterprises, Ltd., 5530 St-Patrick, unit 1104, Montreal, Quebec CA H4E 1A8

Affidavit Affidavit in support of Motion for Withdrawal of Attorney of Record (David Hutchinson)

Supplement Notification of Party Contact Information

(Text of Proposed Order Proposed Order for Withdrawal of Attorney of Record (David Hutchinson))

MOTION by Attorney Christopher Tom to withdraw as attorney for FoxMind Canada Enterprises, Ltd. New address information: FoxMind Canada Enterprises, Ltd., 5530 St-Patrick, Unit 1104, Montreal, Quebec CA H4E 1A8

Affidavit Affidavit in support of Motion for Withdrawal of Attorney of Record (Christopher Tom)

Supplement Notification of Party Contact Information

(Text of Proposed Order Proposed Order for Withdrawal of Attorney of Record (Christopher Tom))

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number BILNDC-20818236.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20818626. (Van Loben Sels, John)

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's Motions for withdrawal of attorney of record 52 and 53 are granted. Attorneys David Edward Hutchinson and Christopher Tom are given leave to withdraw as counsel for Plaintiff/Counter-Defendant. Plaintiff's Motions for leave to appear pro hac vice 54 and 55 are granted. Attorneys David Sarfati and John van Loben Sels are given leave to file appearances on behalf of Plaintiff/Counter-Defendant FoxMind Canada Enterprises, Ltd. Notice mailed by Judge's staff

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 8/8/23 at 9:30 a.m. If a stipulation to dismiss is filed in advance of the hearing no one needs to appear on 8/8/23. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result insanctions, 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. Notice mailed by Judge's staff

STIPULATION of Dismissal

MINUTE entry before the Honorable Jorge L. Alonso: A stipulation to dismiss has been filed. This case is dismissed with prejudice. Status hearing previously set for 8/8/23 is stricken. Civil case terminated. Notice mailed by Judge's staff