2025-cv-00352

COMPLAINT filed by Intersport Corp. d/b/a Wham-O; Filing fee $ 405, receipt number AILNDC-22943800.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Intersport Corp. d/b/a Wham-O Schedule A to the Complaint 1

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yanling Jiang

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Yi Bu

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Adam Grodman

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Monica Rita Martin

ATTORNEY Appearance for Plaintiff Intersport Corp. d/b/a Wham-O by Christopher Romero

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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 Georgia N Alexakis: Upon review of the complaint and the accompanying "Schedule A" 1, 2, the Court sua sponte raises the propriety of joining 81 defendants in a single action. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 1/21/25, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff should also reference this Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed its joinder-related concerns in cases of this size. In the alternative, plaintiff has leave to file an amended complaint by 1/21/25 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. Estee Lauder, 334 F.R.D. at 189.

EMAILED Trademark report to Patent Trademark Office, Alexandria VA

EMAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 3/25/25 at 9:30 a.m. in person in Courtroom 1719. By 3/18/25,the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

MEMORANDUM Establishing that Joinder is Proper

(Exhibit 1)

Motion by Intersport Corp. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM in Support of 16 Plaintiffs Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

Exhibit 1

Declaration of Keith A. Vogt

(Exhibit 1-2, of Keith A. Vogt's declaration)

Presentment for 16 Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) NOTICE of Motion by Keith A. Vogt for presentment of before Honorable Georgia N Alexakis on 1/30/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's memorandum regarding joinder 15 and determines that plaintiff has failed to satisfy its burden to show that joinder of 81 defendants is proper in this matter under Federal Rule of Civil Procedure 20. See Estee Lauder Cosms. Ltd. v. The Partnerships, 334 F.R.D. 182, 185 (N.D. Ill. 2020) (noting that "[plaintiff] bears the burden of demonstrating that joinder is proper"). In support of this determination, the Court adopts the reasoning set forth in Estee Lauder; the reasons it has articulated in Bug Art Limited v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 8, 2024), and Yi Pu (Tianjin) Intelligent Technology Co., Ltd. v. Gyroor et al, 25 CV 81, Dkt. 19 (N.D. Ill. Jan. 28, 2025); and the reasons set forth in other orders from this District expressing similar concerns regarding misjoinder in so-called "Schedule A," namely, Zaful (Hong Kong) Limited v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 11111, Dkt. 12 (N.D. Ill. Jan. 10, 2025); Toyota Motor Sales, USA, Inc. v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 9401, Dkt. 27 (N.D. Ill. Nov. 18, 2024); Viking Arm AS v. The Partnerships & Unincorporated Associations Identified on Schedule A, No. 24 C 1566, 2024 WL 2953105, at *3 (N.D. Ill. June 6, 2024); and Bailie v. The Partnerships & Unincorporated Associations Identified on Schedule A, 24 CV 02150, 2024 WL 2209698 (N.D. Ill. May 15, 2024). Plaintiff's motion for electronic service of process 16 is therefore denied. No appearance is required on 1/30/25. Plaintiff is further ordered to show cause in writing by 2/7/25 why this case should not be dismissed.

AMENDED complaint by Intersport Corp. against The Partnerships and Unincorporated Associations Identified on Schedule A

(Exhibit 1)

Amended Schedule A to Complaint 1 ; Schedule A 2 ; and Amended Complaint 20 by Intersport Corp.

MOTION by Plaintiff Intersport Corp. for service by publication [Renewed] Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(F)(3)

MEMORANDUM by Intersport Corp. in support of motion for service by publication 22

Exhibit 1

Declaration of Keith A. Vogt

(Exhibit 1-2, of Keith A. Vogt's declaration)

NOTICE of Motion by Keith A. Vogt for presentment of motion for service by publication 22 before Honorable Georgia N Alexakis on 2/13/2025 at 09:30 AM.

MEMORANDUM Showing Cause and [Renewed] Memorandum Establishing Joinder

(Exhibit 1)

[CORRECTED] NOTICE of Motion by Keith A. Vogt for presentment of motion for service by publication 22 before Honorable Georgia N Alexakis on 2/13/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's memorandum in response to the rule to show cause 25 is sufficient to discharge the Court's rule to show cause. Rule discharged. For the reasons set forth in plaintiff's motion for electronic service of process, the Court grants plaintiff's motion 22. The Court notes, however, that it grants plaintiff's motion without the benefit of adversarial presentation. If any defendant should appear and challenge electronic service of process or personal jurisdiction, the Court will take a fresh look at those issues. Enter order. No appearance required on 2/13/25.

ORDER for leave for service of process by e-mail and/or electronic publication. Signed by the Honorable Georgia N Alexakis on 2/10/25.

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

MINUTE entry before the Honorable Georgia N Alexakis: At the request of counsel, the status hearing set for 3/25/25 is reset for 5/1/25 at 9:30 a.m. The joint status report is now due by 4/24/25.

STATUS Report by Intersport Corp.

MINUTE entry before the Honorable Georgia N Alexakis: Status hearing held on 5/1/25. Plaintiff provided an explanation as to why service had not yet been effectuated on the foreign defendants. A report on the status of service is due by 5/22/25. The Court reminded plaintiff that, Rule 4(m) notwithstanding, the amount of time allowed for foreign service "is not unlimited." Nylok Corp. v. Fastener World Inc., 396 F.3d 805, 807 (7th Cir. 2005); O'Rourke Bros. Inc. v. Nesbitt Burns, Inc., 201 F.3d 948, 951-52 (7th Cir. 2000). The Court "has the discretion to dismiss for want of prosecution if the plaintiff's delay in obtaining service is so long that it signifies failure to prosecute." Williams v. Illinois, 737 F.3d 473, 476 (7th Cir. 2013).

SUMMONS Returned Executed by Intersport Corp. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/1/2025, answer due 5/22/2025.

(Declaration of Service)

STATUS Report Pursuant to Minute Entry Order 33 by Intersport Corp.

MINUTE entry before the Honorable Georgia N Alexakis: The Court has reviewed plaintiff's status report 35 reflecting that defendants now have been served via electronic means. The parties are directed to file a joint initial status report, using the template available on the Court's website by 7/15/25. If no defendant has appeared or otherwise defended itself in this action by that date, plaintiff must file a status report on its own or file a motion for entry of default and default judgment.

NOTICE of Voluntary Dismissal by Intersport Corp. as to the Defendant(s) Identified in Amended Schedule A

MINUTE entry before the Honorable Georgia N Alexakis:Per plaintiff's notice of voluntary dismissal 37, pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice. Civil case terminated.

MAILED trademark report to Patent Trademark Office, Alexandria VA