2024-cv-04018

COMPLAINT filed by Kelly Toys Holdings, LLC; Filing fee $ 405, receipt number AILNDC-21974048.

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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 Berel Yonathan Lakovitsky

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

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Young B. Kim. 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]

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DECLARATION of Jeremy Padawer regarding memorandum in support of motion[12]

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SEALED EXHIBIT by Plaintiff Kelly Toys Holdings, LLC Exhibit 4 - Parts 1-7 regarding declaration[14]

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]

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MEMORANDUM by Kelly Toys Holdings, LLC Establishing that Joinder is Proper

DECLARATION of Justin R. Gaudio regarding memorandum[19]

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MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's Motion for Leave to File Under Seal [3]; Plaintiff's Ex Parte Motion for Entry of A Temporary Restraining Order, Including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery [11], and Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [16]. Provided that Plaintiff provides the security described in paragraph 9 of the temporary restraining order, the temporary restraining order shall become effective on 05/23/2024 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.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Franklin U. Valderrama on 5/20/2024. Mailed notice.

Registry Deposit Information Form by Kelly Toys Holdings, LLC

CIVIL BOND in the amount of $10,000.00 company check, Receipt No. 100006536, posted by Kelly Toys Holdings, LLC (Text entry; no document attached.)

CIVIL BOND in the amount of $10,000.00 company check, Receipt No. 100006536, posted by Kelly Toys Holdings, LLC (Text entry; no document attached.)

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

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

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

MOTION by Plaintiff Kelly Toys Holdings, LLC for preliminary injunction

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MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for preliminary injunction[25]

Declaration of Andrew D. Burnham

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SUMMONS Returned Executed by Kelly Toys Holdings, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/3/2024, answer due 6/24/2024.

Declaration of Jennifer V. Nacht

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MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's Motion for Entry of a Preliminary Injunction [25]. On the grounds set forth in the Motion, Plaintiff's motion for an entry of a preliminary injunction [25] is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule A to the Complaint [2]; (2) Exhibit 4 to the Declaration of Jeremy Padawer[12]; and (3) the TRO [22]. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Franklin U. Valderrama on 6/4/2024: Mailed notice.

NEW PARTIES: Quanzhou Songge Tarding Co., Ltd, 7-STARS, A Lucky day, A1SQB0YNRFFS42, A1WCVHO2VFKRO1, A2MY3W0H9GR9DV, Agarden, Aiekule Flagship Store, AIJQWCRJF3GGF, Amazoom-ship, Amozan+, amzom-pro, AO8TEWVRF0A5C, baixianshangmaoyouxian, baoyan sticker, beijingchangyueshundashangmaoyouxiangongsi, besweet, Beyond-Store, Boert, BWOLF, CDQGCSM, chamrstore, chenfanzc, CHENGCHI, CTYES-JP, DAONAN STORE, dofaghongiao7, Fashion innovation, Feng Xiao, fengrui-us, Fexuchin US, funhavehaha, Ginkgo up, GLZB169, GomReck, Gracers, guangxifuxinmaoyiyouxiangongsi, guangxiyulinshibangqingdianzishangwuyouxianzerengo, GuangZhouLuRouDianZiShangWuYouXianGongSis, guoyanji24, Guwxse, H8HD7_2, hai zhou qu zhu kou bai huo shang hang, heliplus, heyibaihuoshanghang, HYCIKao, Jeffris, jiemeitrade1, jinghexinchenglipengxuanbaihuodian, JingLang Store, jinjiangyizhaochenmaoyiyouxiangongsi, JoyfulTots Boutique, Kaikaiyi, kangyangfuyu, KARRINA STORE, Kleeblatt Shops, Linmaya US, liubiaoplus, LRILLiing, lujiange, LUOLUOONE, MA wenting, maruihua1123, ZANUBO, ZenMagents, zhiazamus, zhujiachengkm, ZJSROJUS, zyTENG, baofu005, bdedady, bo1n, brandbaby, c2vt, c6kd, cucu, cy8p, cyardbag, dhfycharms, giftsbusy, augfirstsependthink, baoshu93, chruey, cococity2018, dailishanghai_5, duanshaoyi, fclel_56, fesds-eb_40, fesds-eb71, hhxbestseller, liqiyuana, liuliqiang2, liwan230, mingh1ui_sp, pximing, qiang3211, qinyou9, shu1550, szsyy--24, top-sales999, yuhong2019, zpjia7-70, BYTANA Home Merch Shop, ITOUCHYOU, XuanYang Technology Co.,ltd, YouNuoYuKeJiYouXianGongSi and sunjianqin4229 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

ATTORNEY Appearance for Defendant funhavehaha by Timothy Alan Duffy

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by funhavehaha

MOTION by Defendant funhavehaha to Dissolve or Modify Preliminary Injunction

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MINUTE entry before the Honorable Franklin U. Valderrama: The Court is in receipt of Defendant FUNEHAVEHAHA's Motion to Dissolve or Modify Preliminary Injunction [34]. On or before 07/18/2024, Plaintiff shall file a response. On or before 08/01/2024, Defendant shall file reply. Mailed notice.

ANSWER to Complaint by funhavehaha

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 defendant

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 with the exception of a certain Defendant

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MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for entry of default, motion for default judgment, [40]

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DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[41]

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RESPONSE by Kelly Toys Holdings, LLCin Opposition to MOTION by Defendant funhavehaha to Dissolve or Modify Preliminary Injunction [34]

DECLARATION of Jennifer V. Nacht regarding response in opposition to motion[43]

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

MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment as to all remaining Defendants, with the exception of Defendant funhavehaha (Def. No. 32) [40]. Statutory damages are awarded in the amount indicated in the order per each distinct Defaulting Defendant. Enter Modified Default Judgment Order. By 8/23/24, Plaintiff is directed to file a status report as to the status of the case against the remaining Defendant. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Mailed notice.

DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 7/23/2024. Mailed notice.

FULL SATISFACTION of Judgment regarding order[47] as to certain defendants

REPLY by funhavehaha to MOTION by Defendant funhavehaha to Dissolve or Modify Preliminary Injunction [34], response in opposition to motion[43]

STATUS Report Pursuant to [46] by Kelly Toys Holdings, LLC

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MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's status report [50]. Plaintiff reports it will be shortly filing a motion for summary judgment against remaining Defendant No. 32 funhavehaha. The Court will set a briefing schedule upon receipt of the forthcoming motion. Mailed notice.

MOTION by Plaintiff Kelly Toys Holdings, LLC for summary judgment an Award of Defendant's Infringing Profits, and Award of Statutory Damages

MEMORANDUM by Kelly Toys Holdings, LLC in support of motion for summary judgment[52]

RULE 56.1(a)(2) Statement by Kelly Toys Holdings, LLC regarding motion for summary judgment[52]

DECLARATION of Gerhard Runken regarding Rule 56 statement[54]

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DECLARATION of Jennifer V. Nacht regarding Rule 56 statement[54]

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MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion for summary judgment, an award of Defendant's infringing profits, and an award of statutory damages [52]. The Court sets the following briefing schedule: Defendant funhavehaha's (Def. No. 32) response due 09/24/2024; Plaintiff's reply due 10/08/2024. Mailed notice.

MOTION by Defendant funhavehaha to Defer Response to Plaintiff's Motion for Summary Judgment to Allow for Discovery under Rule 56(d)

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MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant funhavehaha's motion to defer response to Plaintiff's motion for summary judgment to allow for discovery under Rule 56(d) [58]. For the reason stated in the motion, the Court grants the motion. The Court defers the briefing schedule set on Plaintiff's pending motion for summary judgment, and will reset that briefing schedule upon later request from the parties. [57] By 10/01/2024, the Court directs the parties to file a joint initial status report using the template available on the Court's webpage. Mailed notice

MOTION by Plaintiff Kelly Toys Holdings, LLC to stay Discovery

DECLARATION of Jennifer V. Nacht regarding motion to stay[60]

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STATUS Report (Joint) by Kelly Toys Holdings, LLC

MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint initial status report [62]. The deadline for amendments to the pleadings is 11/14/2024. The Court refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Kim. The pending motion to dissolve or modify the preliminary injunction [34] remains under advisement. The Court will reset the briefing schedule on the pending motion for summary judgment [52] upon later request from the parties. Amended Pleadings due by 11/14/2024. Mailed notice.

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: Discovery Supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (jcm) Mailed notice.

MINUTE entry before the Honorable Young B. Kim: Plaintiff's motion to stay discovery [60] is entered and continued. A hearing on this motion is scheduled for October 15, 2024, at 2:00 p.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice

RESPONSE by funhavehahain Opposition to MOTION by Plaintiff Kelly Toys Holdings, LLC to stay Discovery [60]

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MINUTE entry before the Honorable Young B. Kim: Plaintiff's motion to stay discovery [60] is denied. That said, in light of Plaintiff's motion for summary judgment, the critical issue is not whether Defendant is entitled to general discovery permitted under Rule 26(b)(1). Defendant is entitled to all discovery that is relevant to the claims and defenses and proportional to the needs of this case. Rather, the issue at this juncture is what discovery Defendant needs to respond to Plaintiff's motion for summary judgment so that discovery can be properly sequenced and the motion briefed as soon as possible. Accordingly, Defendant is ordered to submit a statement to the court identifying the discovery it needs to compel from Plaintiff or discovery it needs to serve on Plaintiff and tie this discovery to the specific material facts Plaintiff asserts in its LR 56.1(a)(2) statement. (See R. 54(d) (discover "facts essential to justify its opposition").) Once this discovery is completed, Defendant may move forward with other discovery it may need to defend this action while briefing the motion for summary judgment. Defendant is ordered to comply with this order by October 28, 2024. The motion hearing scheduled for tomorrow at 2:00 p.m. is cancelled. Instead, a discovery hearing is scheduled for November 4, 2024, at 2:00 p.m. in courtroom 1019 to discuss Defendant's submission and whether the discovery Defendant describes therein needs to be secured for purposes of opposing Plaintiff's motion for summary judgment. Mailed notice

STIPULATION of Dismissal as to a Certain Defendant (Joint)

MINUTE entry before the Honorable Young B. Kim: In light of the stipulation (R. 68), all matters relating to the referral of this action have been concluded. The referral is closed, and the case is returned to the presiding District Judge. Mailed notice

MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff and Defendant funhavehaha's joint stipulation of dismissal 68. Pursuant to the stipulation, Plaintiff and Defendant stipulate to dismiss this action, with prejudice, including all claims stated against Defendant. All pending motions, including Defendant's motion to dissolve or modify preliminary injunction 34 and Plaintiff's motion for summary judgment 52 are moot. Civil case terminated. Mailed notice.