2024-cv-11697

2024-cv-11697 Bestway Inflatables & Material Corp. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

Date :11/14/2024
BrandBESTWAY 泳池
Court :Northen District of Illinois
Law FirmHSP

#

Date

Document

1

Nov. 14, 2024

COMPLAINT filed by Bestway Inflatables & Material Corp.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22724935.

(Exhibit 1)

2

Nov. 14, 2024

CIVIL Cover Sheet

3

Nov. 14, 2024

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Michael A. Hierl

4

Nov. 14, 2024

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by William Benjamin Kalbac

5

Nov. 14, 2024

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by Robert Payton Mcmurray

6

Nov. 14, 2024

ATTORNEY Appearance for Plaintiff Bestway Inflatables & Material Corp. by John Wilson

7

Nov. 14, 2024

MOTION by Plaintiff Bestway Inflatables & Material Corp. to seal document Plaintiff's Motion for Leave to File Under Seal

8

Nov. 14, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Sealed Schedule A Modified on 1/24/2025.

9

Nov. 14, 2024

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bestway Inflatables & Material Corp.

10

Nov. 14, 2024

Notice of Claims Involving Trademarks by Bestway Inflatables & Material Corp.

CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.)

11

Nov. 15, 2024

MAILED Trademark report to Patent Trademark Office, Alexandria VA

12

Nov. 21, 2024

MOTION by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

13

Nov. 21, 2024

MOTION by Plaintiff Bestway Inflatables & Material Corp. to expedite Plaintiff's Motion for Expedited Discovery

14

Nov. 21, 2024

DECLARATION of Eric Li

15

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 1 of Li Declaration Modified on 1/24/2025.

16

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 2 of Li Declaration Modified on 1/24/2025.

17

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 3 of Li Declaration Modified on 1/24/2025.

18

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 4 of Li Declaration Modified on 1/24/2025.

19

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 5 of Li Declaration Modified on 1/24/2025.

20

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 6 of Li Declaration Modified on 1/24/2025.

21

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 7 of Li Declaration Modified on 1/24/2025.

22

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 8 of Li Declaration Modified on 1/24/2025.

23

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 9 of Li Declaration Modified on 1/24/2025.

24

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 10 of Li Declaration Modified on 1/24/2025.

25

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 11 of Li Declaration Modified on 1/24/2025.

26

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 12 of Li Declaration Modified on 1/24/2025.

27

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 13 of Li Declaration Modified on 1/24/2025.

28

Nov. 21, 2024

DOCUMENT by Plaintiff Bestway Inflatables & Material Corp. Exhibit 2 Part 14 of Li Declaration Modified on 1/24/2025.

29

Nov. 21, 2024

NOTICE of Motion by Michael A. Hierl for presentment of motion for miscellaneous relief 12, motion to seal document 7, motion to expedite 13 before Honorable Jorge L. Alonso on 11/26/2024 at 09:30 AM.

30

Nov. 25, 2024

MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's Motion for leave to file under seal 7 is granted. Plaintiff's Motion for electronic service of process pursuant to Fed.R.Civ.P. 4(f)(3) 12 is granted. Plaintiff's Motion for expedited discovery 13 is granted. Enter Order. Motion hearing date of 11/26/24 is stricken. Notice mailed by Judge's staff

31

Nov. 25, 2024

ORDER. Signed by the Honorable Jorge L. Alonso on 11/25/2024. Notice mailed by Judge's staff

32

Dec. 10, 2024

ATTORNEY Appearance for Defendant KLLEYNA by David Randolph Bennett

33

Dec. 11, 2024

ATTORNEY Appearance for Defendant DLM SOLUTION by Jianyin Liu

34

Dec. 17, 2024

ATTORNEY Appearance for Defendant KLLEYNA by Steven G Kalberg

35

Dec. 20, 2024

ATTORNEY Appearance for Defendant ytpoools by Zhongyi Huang

43

Dec. 20, 2024

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 12/20/2024: Mailed notice.

36

Dec. 23, 2024

ATTORNEY Appearance for Defendant ytpoools by Shaoyi Che

37

Dec. 23, 2024

ATTORNEY Appearance for Defendants ZCSM-US, Famoner, ahaok, DG-Direct, blivsm, Malife by Adam Edward Urbanczyk

38

Dec. 30, 2024

ATTORNEY Appearance for Defendants Dreamyo, Merdering, Jeilltean, LiaoFire by Christopher Paul Keleher

39

Dec. 31, 2024

MOTION by Defendant ytpoools to unseal document sealed document 19, sealed document 24, sealed document 16, sealed document 18, sealed document 25, sealed document 22, sealed document 21, sealed document 26, sealed document 28, sealed document 27, sealed document 20, sealed document 17, sealed document 23, sealed document 15

Declaration Attorney's Declaration

(Exhibit)

40

Dec. 31, 2024

NOTICE of Motion by Zhongyi Huang for presentment of motion to unseal document, 39 before Honorable Jorge L. Alonso on 1/7/2025 at 09:30 AM.

41

Dec. 31, 2024

MOTION by Defendants ZCSM-US, DG-Direct, blivsm, Malife to compel notice to Amazon.com, emergency

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Declaration of Yongjun Wang

Declaration of Yang Wu

Declaration of Tiangui Huang

(Declaration of Pan Zha)

42

Dec. 31, 2024

ORDER Signed by the Honorable Jeffrey I Cummings (as acting Emergency Judge) on 12/31/2024. Mailed notice

44

Jan. 2, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

45

Jan. 3, 2025

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Bestway Inflatables & Material Corp.

46

Jan. 3, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

47

Jan. 3, 2025

ATTORNEY Appearance for Defendant Suviya88 by Jianyin Liu

48

Jan. 6, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 1/7/25 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 650-479-3207 and the access code is 1804010308. 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

51

Jan. 7, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Defendant's Motion to unseal certain documents 39 is granted. The Clerk's Office is directed to unseal docket numbers 8, and 15 through 28. Telephonic status hearing set for 2/6/25 at 9:30 a.m. The parties are directed to file a joint status report by 2/3/25. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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

49

Jan. 8, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

50

Jan. 9, 2025

ATTORNEY Appearance for Defendant Famoner by Shaoyi Che

52

Jan. 21, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto (Text entry; no document attached.)

53

Jan. 22, 2025

SUMMONS Returned Executed by Bestway Inflatables & Material Corp. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 1/22/2025, answer due 2/12/2025.

54

Jan. 23, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

55

Jan. 23, 2025

ATTORNEY Appearance for Defendants JonTurn Direct Shop, ZCSM-US, DG-Direct, blivsm, Malife by Brian Swift

56

Jan. 23, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants ZCSM-US, DG-Direct, blivsm, Malife, JonTurn Direct Shop

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

(Exhibit 6)

57

Jan. 29, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

58

Feb. 3, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

59

Feb. 3, 2025

ANSWER to Complaint with Jury Demand by DLM SOLUTION, Suviya88

60

Feb. 4, 2025

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp.

61

Feb. 6, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 193

62

Feb. 6, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 2/18/25 at 9:30 a.m. The parties are directed to file a joint status report three days before. Plaintiff's response to Defendants' Motion to dismiss under rule 12(b)(6) 56 shall be filed by 3/7/25; Defendants' reply shall be filed by 3/21/25. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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

63

Feb. 11, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 225

64

Feb. 11, 2025

ATTORNEY Appearance for Defendant AqualtraDirect by David Silver

65

Feb. 11, 2025

ANSWER to Complaint, COUNTERCLAIM filed by ytpoools against Bestway Inflatables & Material Corp. by ytpoools

(Exhibit 1)

66

Feb. 11, 2025

MOTION by Defendant AqualtraDirect for extension of time to Answer or Otherwise Respond to Plaintiff's Complaint

67

Feb. 12, 2025

ANSWER to Complaint with Jury Demand, COUNTERCLAIM filed by Famoner against Bestway Inflatables & Material Corp. by Famoner

(Exhibit 1)

68

Feb. 12, 2025

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Famoner

69

Feb. 12, 2025

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ytpoools

70

Feb. 12, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Dreamyo, Merdering, Jeilltean, LiaoFire

Exhibit Amazon listing Dreamyo

Exhibit Amazon listing Jeilltean and Merdering

Exhibit Amazon listing LiaoFire

(Exhibit Store manager declarations)

71

Feb. 12, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant AqualtraDirect

Exhibit 1 to the Motion to Dismiss

(Exhibit 2 to the Motion to Dismiss)

72

Feb. 12, 2025

NOTICE of Motion by David Silver for presentment of Motion to Dismiss for Failure to State a Claim 71 before Honorable Jorge L. Alonso on 2/18/2025 at 09:30 AM.

73

Feb. 13, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Defendant AqualtraDirect's Motion for extension of time 66 is granted to 3/14/25. Notice mailed by Judge's staff

74

Feb. 18, 2025

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp.

75

Feb. 18, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 4/17/25 at 9:30 a.m. The parties are directed to file a joint status report by 4/14/25. Plaintiff's response to Defendants Motions to dismiss 70 and 71 shall be filed by 3/18/25; Defendants' replies shall be filed by 4/1/25. The Court will rule electronically on the motions. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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

76

Feb. 21, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 279

77

March 1, 2025

MOTION by Defendant Suviya88 for summary judgment

78

March 1, 2025

MEMORANDUM by Suviya88 in support of motion for summary judgment 77

79

March 1, 2025

RULE 56 Statement of Indisputable Material Facts Statement by Suviya88 regarding motion for summary judgment 77

(Exhibit A-Product Page)

80

March 1, 2025

MOTION by Defendant DLM SOLUTION for summary judgment

81

March 1, 2025

MEMORANDUM by DLM SOLUTION in support of motion for summary judgment 80

82

March 1, 2025

STATEMENT by Defendant DLM SOLUTIONin Support of MOTION by Defendant DLM SOLUTION for summary judgment 80 of Indisputable Material Facts

(Exhibit A- Product Accused)

83

March 1, 2025

NOTICE of Motion by Jianyin Liu for presentment of motion for summary judgment 80, motion for summary judgment 77 before Honorable Jorge L. Alonso on 4/1/2025 at 09:30 AM.

84

March 4, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Answer to Defendant's Counterclaim

85

March 5, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Answer to Defendant's Counterclaim

86

March 7, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to the Motion to Dismiss by Defendants [Dkt No. 56]

Exhibit A

Exhibit B

Exhibit C

(Exhibit D)

87

March 18, 2025

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

88

March 18, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to the Motion to Dismiss Defendant No. 177 "AQUALTRADIRECT" [Dkt. No. 71]

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

89

March 18, 2025

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

90

March 18, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to the Motion to Dismiss Defendants [Dkt. No. 70]

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

91

March 21, 2025

REPLY by DG-Direct, JonTurn Direct Shop, Malife, ZCSM-US, blivsm to Response 86

92

March 24, 2025

REPLY by LiaoFire, Dreamyo, Jeilltean, Merdering to Response 90, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Dreamyo, Merdering, Jeilltean, LiaoFire 70

93

March 25, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

94

March 31, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Defendants Suviya88 and DLM Solution's motions for summary judgment 77 80 are denied as premature. The Court does not entertain motions for summary judgment prior to discovery, and the Court will not deviate from its typical practice here, as the issues Defendants raise appear to be factbound. Plaintiff's motions for excess pages 87 89 are granted. Motion hearing set for 4/1/25 is stricken. Notice mailed by Judge's staff

95

April 1, 2025

REPLY by Defendant AqualtraDirect to Motion to Dismiss for Failure to State a Claim 71

Declaration of David Silver

(Exhibit 1)

96

April 10, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

97

April 15, 2025

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp.

98

April 17, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 5/15/25 at 9:30 a.m. The parties are directed to file a joint status report by 5/12/25. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 650-479-3207 and the access code is 1804010308. 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

99

April 21, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

100

May 12, 2025

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp.

101

May 15, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic Status hearing held. This case is referred to the magistrate judge for discovery supervision, with the authority to set and extend deadlines and a settlement conference. Notice mailed by Judge's staff

102

May 15, 2025

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Keri L. Holleb Hotaling for the purpose of holding proceedings related to: discovery supervision; settlement conference. Notice mailed by Judge's staff.

103

May 20, 2025

MINUTE entry before the Honorable Keri L. Holleb Hotaling: This case has been referred to the magistrate judge for discovery supervision, with the authority to set and extend deadlines and hold a settlement conference. By 6/2/2025, the parties are to file their initial Rule 26(f) conference report which shall, inter alia, propose a fact discovery schedule, and include a statement on whether the parties are interested in a settlement conference mediated by the Court at this juncture. (The parties should keep in mind that Judge Holleb Hotaling's settlement conference schedule typically is booked 2-3 months out from present, so the parties should file a joint status report as soon as possible once they realize they want a settlement conference; they need not wait for the next status report date.)

104

June 2, 2025

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Bestway Inflatables & Material Corp.

105

June 2, 2025

MOTION by Plaintiff Bestway Inflatables & Material Corp. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation Presented before District Judge

106

June 2, 2025

MOTION by Plaintiff Bestway Inflatables & Material Corp. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A Presented before District Judge

(Exhibit A)

107

June 2, 2025

MEMORANDUM by Bestway Inflatables & Material Corp. in support of motion for default judgment, 106

Exhibit 1

(Exhibit 2)

108

June 2, 2025

DECLARATION of Michael A. Hierl regarding motion for default judgment, 106

(Exhibit Hierl Exhibit 1)

109

June 2, 2025

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 106 before Honorable Jorge L. Alonso on 6/5/2025 at 09:30 AM.

110

June 3, 2025

STATUS Report Joint Initial Status Report by Bestway Inflatables & Material Corp. Presented before Magistrate Judge

113

June 3, 2025

MOTION by Defendant Wen Bo for extension Presented before Magistrate Judge (Received via pro se online portal on 6/3/2025)

111

June 4, 2025

MINUTE entry before the Honorable Keri L. Holleb Hotaling: The Court is in receipt of the parties' Rule 26(f) planning report [Dkt. 110] and understands that not all Defendants were able to be contacted concerning the report. Nonetheless, the Court sets the following deadlines relative to this case, and they shall apply to all parties: any amendment to the pleadings shall occur by 11/28/2025; completion of fact discovery by 12/30/2025. The Court does not expect to extend this firm fact discovery deadline and in no case will do so without written motion detailing exceptionally good cause. It is not the Court's practice to subdivide discovery; the Court trusts the parties to manage their discovery obligations accordingly to meet their fact discovery deadline. The Court will not set an expert discovery schedule until it is clear the fact discovery deadline will be met. The parties are reminded to promptly bring any discovery motions before the Court, including motions to enforce subpoenas or motions for protective orders. The parties report they have engaged in settlement discussions but remain far apart; they are not interested in a settlement conference at this time. The parties are to file an updated joint status report on 8/6/2025 reporting on discovery and indicating whether the parties (collectively or individually) are interested in a settlement conference at that juncture. The parties should keep in mind that Judge Holleb Hotaling's schedule typically is booked 2-3 months out from present with regards to settlement conferences, so the parties should notify Judge Holleb Hotaling's chambers as soon as possible once they realize they want a settlement conference; they do not need to wait for the next status report date.

112

June 4, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 6/5/25 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

114

June 5, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Motion to exceed page limitation 105 is granted. Plaintiff's Motion for entry of default and default judgment against the Defendants identified in amended schedule A 106 is granted. Enter Default Judgment Order. Notice mailed by Judge's staff

115

June 5, 2025

DEFAULT Judgment Order. Signed by the Honorable Jorge L. Alonso on 6/5/2025. Notice mailed by Judge's staff

116

June 6, 2025

Notice of Settlement by Bestway Inflatables & Material Corp.

117

June 25, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

118

July 10, 2025

SATISFACTION of Judgment

119

July 14, 2025

SATISFACTION of Judgment

120

July 25, 2025

SATISFACTION of Judgment

121

Aug. 4, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 177 'AqualtraDirect"

122

Aug. 4, 2025

NOTICE of Voluntary Dismissal by Bestway Inflatables & Material Corp. Plaintiff's Amended Notice of Voluntary Dismissal as to Defendant No. 177 "AqualtraDirect"

123

Aug. 6, 2025

STATUS Report Joint Status Report by Bestway Inflatables & Material Corp. Presented before Magistrate Judge

124

Aug. 7, 2025

MINUTE entry before the Honorable Keri L. Holleb Hotaling: The Court is in receipt of the parties' joint status report [Dkt. 123]. The parties report that no discovery has been issued to date, despite no stay of discovery being in place. The firm fact discovery deadline of 12/30/2025 remains set. The Court expects discovery to occur concurrently with any settlement discussions. The parties also report they are interested in a settlement conference. The parties should keep in mind that Judge Holleb Hotaling's schedule typically is booked 2-3 months out from present with regards to settlement conferences. Judge Holleb Hotaling sets an off-the-record pre-settlement conference telephone call for 8/25/2025 at 9:15 a.m. The parties should ensure they call in ONLY at their designated time and not earlier to ensure the pre-settlement call remains private (but not on the record). The counsel that appears for this pre-settlement telephone discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Counsel should review Judge Holleb Hotaling's Standing Order on Settlement Conferences prior to the call. The call in information is 855-244-8681, and the participant access code is 2315 0911 461#.

125

Aug. 14, 2025

SATISFACTION of Judgment

126

Aug. 15, 2025

ORDER: For the reasons stated herein, Defendants ZCMS-US (No. 262), DG-Direct (No. 196), blivsm-US (No. 181), Malife Direct (No. 229), and JonTurn Direct Shop (No. 224)'s motion to dismiss 56 is granted. Defendants Dreamyo (No. 202), Injury (No. 219), Jails (No. 220), and LiaoFire (No. 227)'s motion to dismiss 70 is denied as moot due to the voluntary dismissal 117 of those defendants pursuant to settlement. Defendant AqualtraDirect (No. 177)'s motion to dismiss 71 is likewise denied as moot due to the voluntary dismissal [ 121, 122 ] of that defendant pursuant to settlement. Signed by the Honorable Jorge L. Alonso on 8/15/2025. Notice mailed by Judge's staff

127

Aug. 19, 2025

MOTION by Defendant Suviya88 for summary judgment Presented before District Judge

128

Aug. 19, 2025

MEMORANDUM by Suviya88 in support of motion for summary judgment 127

129

Aug. 19, 2025

RULE 56 Indisputable Material Facts Statement Statement by Suviya88 regarding motion for summary judgment 127

(Exhibit A- Infringing Evidence Provided by Plaintiff)

130

Aug. 19, 2025

MOTION by Defendant DLM SOLUTION for summary judgment Presented before District Judge

131

Aug. 19, 2025

MEMORANDUM by DLM SOLUTION in support of motion for summary judgment 130

132

Aug. 19, 2025

RULE 56 Indisputable Material Facts Statement by DLM SOLUTION regarding motion for summary judgment 130

(Exhibit A- Infringing Evidence Provided by Plaintiff)

133

Aug. 19, 2025

NOTICE of Motion by Jianyin Liu for presentment of motion for summary judgment 127, motion for summary judgment 130 before Honorable Jorge L. Alonso on 8/28/2025 at 09:30 AM.

134

Aug. 25, 2025

MINUTE entry before the Honorable Keri L. Holleb Hotaling: Court staff initiated the off-the-record pre-settlement call set for 8/25/2025, but, although Plaintiff's counsel and counsel for Defendants Ytpools and Famoner joined, not all expected defense counsel joined the call. Plaintiff's counsel had anticipated attorneys Urbanczyk and Liu would join. Accordingly, the off-the-record pre-settlement call is reset to 9/5/2025 at 10:00 a.m. At the time of the call (not early, the line is used for other calls), please dial: 855-244-8681, access code 2315 091 1461#. Mailed notice.

135

Aug. 28, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 8/28/25 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 650-479-3207 and the access code is 1804010308. 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

136

Aug. 28, 2025

MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's responses to Defendant Suviya 88's Motion for Rule 56 summary judgment 127 and Defendant DLM SOLUTION's Motion for Rule 56 summary judgment 130 shall be filed by 9/18/25; Defendants' replies shall be filed by 10/2/25. Notice mailed by Judge's staff

137

Sept. 3, 2025

MOTION by Plaintiff Bestway Inflatables & Material Corp. to vacate Plaintiff's Motion to Vacate Default Judgment and Dismiss Defendant No. 62 "JOYBUY" Presented before District Judge

138

Sept. 8, 2025

SATISFACTION of Judgment

139

Sept. 12, 2025

MINUTE entry before the Honorable Keri L. Holleb Hotaling: Off-the-record pre-settlement call held on 9/5/2025. Counsel for Defendants DLM Solution and Suviya88 indicated a settlement conference at this time would not be fruitful and will not participate in the settlement conference. A three-hour VIRTUAL (Teams or WebEx) settlement conference is set for 10/14/2025 at 10:30 a.m. with Plaintiff and Defendants Ytpoools and Famoner. This date is final and can only be changed by the granting of a motion. By 9/17/2025, Plaintiff's counsel shall send a brief settlement demand letter to opposing counsel and to Judge Holleb Hotaling's chambers email, Chambers_HollebHotaling@ilnd.uscourts.gov. By 10/1/2025, defense counsel shall send a joint or separate brief settlement offer(s) to opposing counsel and to Judge Holleb Hotaling's chambers email. The parties agree Judge Holleb Hotaling may conduct ex parte settlement communications. Additional information about the virtual settlement conference will be forthcoming near the settlement conference date. See Judge Holleb Hotaling's Standing Order on Settlement Conferences for all requirements for virtual attendee participation, including but not limited to the following: all participants shall appear on appropriate devices, turn on their video for the entire settlement conference, and join the conference AT LEAST 15 minutes prior to the start to test and resolve any technological issues.

140

Sept. 18, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to the Motion for Summary Judgment for Defendant No. 200 "DLM SOLUTION"

Exhibit 1

Exhibit 2

Exhibit 3

141

Sept. 18, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to Rule 56.1 Statement of Material Facts in Support of the Motion for Summary Judgment as to Defendant No. 239 "SUVIYA88"

Exhibit 1

142

Sept. 18, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to Rule 56.1 Statement of Material Facts in Support of the Motion for Summary Judgment as to Defendant No. 200 "DLM Solution"

Exhibit 1

143

Sept. 18, 2025

RESPONSE by Plaintiff Bestway Inflatables & Material Corp. Plaintiff's Response to the Motion for Summary Judgment for Defendant No. 239 "Suviya88"

Exhibit 1

Exhibit 2

Exhibit 3

144

Sept. 22, 2025

REPLY by DLM SOLUTION to Response, [142], Response, [140]

145

Sept. 22, 2025

REPLY by Suviya88 to Response, [143], Response, [141]

146

Sept. 22, 2025

SATISFACTION of Judgment

147

Sept. 23, 2025

MOTION to vacate judgment order [115] filed by Defendant Lartppy. (Exhibits) (Received via pro se online portal on 09/23/2025.) Presented before District Judge

148

Oct. 3, 2025

ATTORNEY Appearance for Defendant Famoner by Zhongyi Huang

149

Oct. 3, 2025

MINUTE entry before the Honorable Keri L. Holleb Hotaling: Ex parte calls held with counsel for Plaintiff and counsel for Defendants Ytpools and Famoner on 10/03/2025. Plaintiff to provide the requested information to opposing counsel and to Judge Holleb Hotaling's chambers email, Chambers_HollebHotaling@ilnd.uscourts.gov, by close of business 10/07/2025. Ex parte communications continue. The settlement conference remains set as scheduled unless the Court otherwise notifies counsel.

150

Oct. 8, 2025

MINUTE entry before the Honorable Keri L. Holleb Hotaling: Defendants Yamoner and Ytpoools have informed the Court that Defendants no longer wish to proceed with a settlement conference. As a result, the Court hereby strikes the 10/14/2025 settlement conference at 10:30 a.m. The parties are to file an updated joint status report by 10/22/2025.

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