2023-cv-15309

COMPLAINT filed by Kelly Toys Holdings, LLC; Filing fee $ 402, receipt number AILNDC-21258769.

Exhibit 1

Exhibit 2

Exhibit 3-1

Exhibit 3-2

Exhibit 4

Exhibit 5

Exhibit 6

SEALED EXHIBIT by Plaintiff Kelly Toys Holdings, LLC Schedule A regarding complaint, [1]

MOTION by Plaintiff Kelly Toys Holdings, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kelly Toys Holdings, LLC

Notice of Claims Involving Trademarks by Kelly Toys Holdings, LLC

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Berel Yonathan Lakovitsky

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable M. David Weisman. 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.)

MOTION by Plaintiff Kelly Toys Holdings, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for temporary restraining order 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Jeremy Padawer regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3-1

(Exhibit 3-2)

SEALED EXHIBIT by Plaintiff Kelly Toys Holdings, LLC Exhibit 4 - Parts 1-5 regarding declaration 14

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

(Exhibit 4-5)

MOTION by Plaintiff Kelly Toys Holdings, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for miscellaneous relief 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

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.

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

SEALED ORDER Signed by the Honorable John Robert Blakey on 10/31/2023. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiff Kelly Toys Holdings, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Kelly Toys Holdings, LLC in support of extension of time 22

(Declaration of Jake M. Christensen)

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.

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

SURETY BOND in the amount of $ 10,000.00 posted by Kelly Toys Holdings, LLC. (Document not scanned)

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain Defendants

MOTION by Plaintiff Kelly Toys Holdings, LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for preliminary injunction 29

Declaration of Jake M. Christensen

(Exhibit 1)

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.

(Exhibit A)

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.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Trevor Christian Talhami

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

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Justin Tyler Joseph

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

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 11/28/2023. Mailed notice

NEW PARTIES: duoyouduoshangmaoyouxiangongsi, Easfan, East Meets West Boutique, Enbia Charms, FENGNY, fifth-one, Flyker-us, foreverxxx, gongqingus, GREAWOD, guang zhou yin rui shang mao you xian gong si, GUAN-RUNHAO, gyong, biutrong5, cytu4458, czfy03, de_xin668, gendr9695, hangma63, hefeipenjuan, house-of-hope, irenestore18, kangming521, kathri9139, kinggoodsus, liangyichun, liubabyshop, liubind2, luke093, lushanlove98, lynlove68, maple-today, mingsheng60, nhattr3595, oxsc6j2zo, pingkurongk, qianqia_0, qingtupo, sinuoway002, smith-12023, spen13tne, tdtfc811, urytbs, weitie-0, willspacehon0, xinmeiaitrad_0, ytwrqt, zhang-2778, zhenlishop, A Red Book, Aligra Home Living Museum, Alphabet Lore, Art Marker Set home, Art union toys, BOTXRQX Sticker, Cat Lovers Home, cestbon, Chillcity, Cocofa, Cuddlyplushie, Curious Life, DOU Baby plush toy, EYTIYO, Funelle mother and baby toy, ganghuai, Hayzbao UI, huawuque, KOWSi, KOWSi PLUSH, luckyBear, MAmmykiss, NBBXYZ, NICEEGG, Punch duck stuffed toy, SBOS exclusive shop, SIYUTZDM Sticker, sktty, skttys, Sky Bamboo, SPLUHOSOS, Stardust Dolls, TNTIYO, Toy Fun Park, Wish better, WYMerge, YOYIGA, ZiNeFeBao, ZXIRNA, bayline2019, CHENGYU, HFTZ, Kody.llc, Mora Tech, SUNYOK, Zebadiah Store, bobo87, Extraordinary lucky, Harry Popo, lanhai0066, liguoduong, liling8, Linqinqin23 and mmfashionbuy added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

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

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

MOTION by Attorney Jake M. Christensen to withdraw as attorney for Kelly Toys Holdings, LLC. No party information provided

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.

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.

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

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.

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

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Andrew Daniel Burnham

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

Exhibit A

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment[49]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[50]

Exhibit 1

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.

Exhibit A

ATTORNEY Appearance for Defendants CHENGYU, HFTZ, Kody.llc, Mora Tech, Zebadiah Store, bayline2019 by Michael Thomas Stanley

MOTION by Defendants CHENGYU, HFTZ, Kody.llc, Mora Tech, Zebadiah Store, bayline2019 for extension of time to file answer regarding complaint, [1]

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.

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

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

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

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.

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain defendants

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

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)

(Exhibit A)

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment, 63

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 64

(Exhibit 1)

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.

(Exhibit A)

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

STATUS Report pursuant to 47 by Kelly Toys Holdings, LLC

(Exhibit A)

ATTORNEY Appearance for Plaintiff Kelly Toys Holdings, LLC by Jennifer Van Nacht

NOTICE of Voluntary Dismissal by Kelly Toys Holdings, LLC as to certain Defendants

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

(Exhibit A)

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment 71

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 72

(Exhibit 1)

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.

(Exhibit A)

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

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 3/13/2024. Mailed notice

NOTICE of withdrawal of Surety Bond 26 by John Summerfield. (Received at the Intake Counter on 4/18/24.)

FULL SATISFACTION of Judgment regarding order[76] as to certain defendant

FULL SATISFACTION of Judgment regarding order[76] in the amount of $500,000 as to certain defendants