2024-cv-05118

COMPLAINT filed by Bigfoot 4x4, Inc.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22161095.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Bigfoot 4x4, Inc. by John Wilson

MOTION by Plaintiff Bigfoot 4x4, Inc. to seal case Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Bigfoot 4x4, Inc. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bigfoot 4x4, Inc.

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2).

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.

MINUTE entry before the Honorable Steven C. Seeger: The motion to seal (Dckt. No. 7) is hereby denied for the reasons stated by the Court in Zorro Productions, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A (23-cv-5761). Mailed notice

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by October 11, 2024. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice.

STATUS Report Initial Status Report by Bigfoot 4x4, Inc.

MOTION by Plaintiff Bigfoot 4x4, Inc. to expedite Plaintiff's Motion for Expedited Discovery

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to conduct expedited discovery (Dckt. No. 13) is hereby granted. Mailed notice.

ORDER FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY Signed by the Honorable Steven C. Seeger on 12/3/2024. Mailed notice.

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MOTION by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

DECLARATION of Ann C. Trent

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 1 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 2 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 3 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 4 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 5 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 6 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 7 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 8 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 9 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 10 to Trent Declaration regarding declaration 18

EXHIBIT by Plaintiff Bigfoot 4x4, Inc. Exhibit 2 Part 11 to Trent Declaration regarding declaration 18

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for electronic service of process under Rule 4(f)(3) (Dckt. No. 17) is hereby granted. Plaintiff must file a status report or a motion for default by April 25, 2025. Mailed notice

SUMMONS Issued (Court Participant) as to Defendant BIBAO Official Store and all other Defendants identified in the Complaint

STATUS Report by Bigfoot 4x4, Inc.

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

SUMMONS Returned Executed by Bigfoot 4x4, Inc. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 4/24/2025, answer due 5/15/2025.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the April 25, 2025 status report (Dckt. No. 33). The answers are due by May 15, 2025. (Dckt. No. 35) Any motion for the entry of default and default judgment is due by May 19, 2025. A response is due by May 27, 2025. A failure to comply will lead to appropriate relief, including possible dismissal or the granting of the motion and the entry of judgment. The Court reminds Plaintiff of the need to submit a Word version of a proposed judgment to the proposed order inbox. The Court directs the parties to engage in meaningful, good faith settlement discussions at the earliest opportunity. Separately, the notice of dismissal as to certain Defendants (Dckt. No. 34) is self-effectuating under Rule 41(a)(1)(A)(i). Those Defendants are dismissed. The Court directs Plaintiff to serve a copy of this order and file a certificate of service. Mailed notice

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Bigfoot 4x4, Inc.

NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment 39

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 39

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for the entry of default and default judgment (Dckt. No. 39). The deadline to respond to the complaint has come and gone. The response to the complaint is late. The Court hereby enters default under Rule 55(a) against Defendants on Schedule A. As noted in the Court's previous order dated May 2, 2025 (Dckt. No. 36), any response to the motion is due by May 27, 2025. A failure to respond will lead to appropriate relief, including granting the motion and entering final judgment. The Court directs the parties to engage in good faith, energetic settlement discussions. Plaintiff must serve a copy of this order and file a certificate of service. Mailed notice

CERTIFICATE of Service by John Wilson on behalf of Bigfoot 4x4, Inc.

ATTORNEY Appearance for Defendants Dweekiy d1, Magic life by Timothy Tiewei Wang

MOTION by Defendants Dweekiy d1, Magic life for extension of time to file answer regarding complaint 1 Unopposed

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. 39) is hereby granted as to all remaining Defendants except for Defendants Dweeky d1 (Defendant 55) and Magic life (Defendant 158). Any response to the complaint from Defendants was due on May 15, 2025. That date has come and gone. On May 21, 2025, the Court entered default against all Defendants under Rule 55(a) (Dckt. No. 42). The Court also set a deadline of May 27, 2025 for any Defendant to respond to the motion for default and default judgment. Defendants Dweeky d1 and Magic Life made it just in the nick of time, filing a motion for an extension of time to answer (Dckt. No. 45) on May 27, 2025. Other than Defendants Dweeky d1 and Magic life, all other Defendants failed to respond to the complaint, or to the entry of default. So the motion for default judgment against those remaining Defendants (Dckt. No. 39) is hereby granted. The Court enters default judgment against all remaining Defendants except for Defendants Dweeky d1 (Defendant 55) and Magic life (Defendant 158) under Rule 55(b). The Court will enter final judgment under Rule 54(b) because it finds that there is no just reason for delay. Final Judgment Order to follow. Separately, the Court hereby grants the motion for an extension of time to answer (Dckt. No. 45) filed by Defendants Dweeky d1 and Magic Life. They must file a response by June 9, 2025. Those Defendants also represented in their motion (Dckt. No. 45) that they are engaged in good faith settlement negotiations. The Court directs Plaintiff and those two Defendants to file a joint status report on their settlement negotiations by June 6, 2025. The Court expects that the parties will have made substantial progress on the settlement front when they file their status report. The Court once again directs the parties to actively discuss settlement with a sense of purpose. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 5/30/2025. Mailed notice.

PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 5/30/2025. Mailed notice.

STATUS Report Joint Status Report by Bigfoot 4x4, Inc.

STATUS Report Joint Status Report by Bigfoot 4x4, Inc.

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's status report filed on June 6, 2025 (Dckt. No. [50]). Plaintiff notes that it is in active settlement negotiations with Defendant No. 158 "Magic life." The Court previously granted the motion for an extension (Dckt. No. [45]) filed by Defendant No. 158 "Magic life" and extended the deadline to answer to June 9, 2025. But that deadline has come and gone, and the parties have not updated the Court on settlement negotiations. Defendant No. 158 "Magic life" has missed the deadline to file an answer, so the Court enters default under Rule 55(a) against Defendant No. 158 "Magic life." Plaintiff must either file a motion for default judgment or another status report about settlement negotiations by June 18, 2025. The parties must approach their settlement negotiations with a sense of purpose. If Plaintiff moves for default judgment, the Court reminds Plaintiff of the need to submit a Word version of a proposed judgment to the proposed order inbox, Proposed_Order_Seeger@ilnd.uscourts.gov. A failure to comply will lead to appropriate relief, including dismissal or possible entry of judgment. As an aside, Defendant No. 55 "Dweekiy d1" was previously dismissed from this case. That dismissal is self-effectuating under Rule 41(a)(1)(a)(i). Plaintiff must serve a copy of this order on all remaining Defendants and file a certificate of service. Emailed notice

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Bigfoot 4x4, Inc.

STATUS Report Joint Status Report by Bigfoot 4x4, Inc.

MINUTE entry before the Honorable Steven C. Seeger: On May 30, 2025, this Court entered final judgment against all defendants except Dweeky d1 (#55) and Magic life (#158). (Dckt. No. 46) Dweeky d1 was dismissed pursuant to a notice of dismissal on May 8, 2025. (Dckt. Nos. [38, 49]) And according to the status report, Plaintiff and Magic life (#158) have settled in principle. Given that reality, the complaint is dismissed without prejudice as to Magic life. The dismissal shall automatically convert to a dismissal with prejudice unless the parties seek and obtain relief from the Court by July 15, 2025. No defendants are left. The case is closed. Civil case terminated. Emailed notice

MINUTE entry before the Honorable Steven C. Seeger: The Court issues this minute order to address a repeated problem in Schedule A cases, a problem that has now swollen into a full-grown pet peeve. Plaintiff's counsel recently filed a status report about a settlement with a defendant. Nothing in the most recent status report divulged an important fact: Plaintiff has dismissed or has settled with all defendants. So the case is over. Plaintiff's counsel didn't bury the lead. They didn't mention it at all. This Court had to burn time and energy pouring through the docket to figure out that the case was over. And needless to say, this Court shouldn't have to do that. And going forward, it won't. Going forward, counsel must file an updated Schedule A each and every time they file a notice of dismissal. That updated Schedule A is necessary to keep track of who is in, and who is out. Going forward, a failure to comply will lead to appropriate relief, including possible sanctions and dismissal. No later than one week after the entry of this order, all Plaintiff's counsel of record must file a statement certifying that they have read and understood this order, and will comply in all future cases. Emailed notice

STATEMENT by Bigfoot 4x4, Inc.

SATISFACTION of Judgment