最近更新：2025-02-26
2024-cv-02499
| 日期 | 描述 |
|---|---|
| 02/24/2025 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment 124, the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 36. Mailed notice |
| 02/21/2025 | SATISFACTION of Judgment |
| 02/19/2025 | MINUTE entry before the Honorable Gabriel A. Fuentes: Written objections, if any, to fee petition (doc. # 122) due by noon on 2/27/25. Mailed notice. |
| 02/19/2025 | MEMORANDUM Memorandum in Support of Plaintiff's Fee Petition for Attorney Fees Against Defendant No. 88 "H&H LIFE" 附件： 1:Exhibit A 2:(Exhibit 1) |
| 02/04/2025 | ORDER Signed by the Honorable Gabriel A. Fuentes on 2/4/2025. Mailed notice. |
| 02/04/2025 | MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion to compel (doc. # 116) is granted in part and denied in part for the reasons stated in the accompanying order. Supplemental responses to Interrogatory Nos. 1, 12, 13, 18 and 19 and due for service by noon on 2/19/25. The motion is denied as to the remainder of the interrogatory responses challenged in the motion, and denied as to all of the document request responses challenged in the motion. The motion's sanctions request is granted, and is ordered to file a bill of costs with reasonable fees and costs incurred in the filing of the motion by 5 p.m. on 2/19/25, and the Court will enter a further order on the sanctions amount after conducting a reasonableness review of the bill of costs. A defense status report on defendant's discovery obligations and review as compelled by the Order is by noon on 2/19/25. Fact discovery remains set to close on 3/17/25, and a joint written status report on closure is due at noon that day. The 2/6/25 hearing date on the instant motion is stricken. Mailed notice. |
| 02/04/2025 | RESPONSE by H&H Life to MOTION by Plaintiff Bigfoot 4x4, Inc. to compel Plaintiff's Motion to Compel Discovery Requests of Defendant No. 88 "H&H LIFE" Presented before Magistrate Judge 116 Response to Motion to Compel 附件： 1:(Declaration) |
| 01/24/2025 | by Bigfoot 4x4, Inc. Local Rule 37.2 Certification 附件： 1:Exhibit A 2:Exhibit B 3:Exhibit C 4:Exhibit D 5:Exhibit E 6:(Exhibit F) |
| 01/22/2025 | MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion to compel (doc. # 116) is set for a motion hearing and oral argument at 11 a.m. on 2/6/25 in person in Courtroom 1342 of if the Dirksen U.S. Courthouse. In the meantime, by noon on 1/24/25, plaintiff is directed to supplement the motion with the discovery requests and responses at issue, any discovery correspondence, and a certificate of Local Rule 37.2 in compliance with that rule. Mailed notice. |
| 01/21/2025 | MOTION by Plaintiff Bigfoot 4x4, Inc. to compel Plaintiff's Motion to Compel Discovery Requests of Defendant No. 88 "H&H LIFE" Presented before Magistrate Judge |
| 01/16/2025 | MINUTE entry before the Honorable Gabriel A. Fuentes: The 3/13/25 status hearing is stricken and reset for 9 a.m. on 3/11/25 in Courtroom 1342 of the Dirksen U.S. Courthouse. DATE CHANGE ONLY. Mailed notice. |
| 01/10/2025 | MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's second unopposed motion for an extension of time from 1/13/25 to 1/21/25 to file a motion to compel responses to discovery requests (doc. # 113) is granted. If the parties resolve their differences such that no such motion need be filed, discovery will simply proceed, with fact discovery set to close on 3/17/25, and with a discovery progress and settlement status hearing still set for 9 a.m. on 3/13/25 in Courtroom 1342, in person at the Dirksen U.S. Courthouse. Mailed notice. |
| 01/09/2025 | MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Unopposed Motion for a Second Extension of Time to File a Motion to Complete Discovery Requests of Defendant No. 88 "H&H Life" Presented before Magistrate Judge |
| 01/07/2025 | MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion for a one-week extension of time to 1/13/25 to file a motion to compel (doc. # 111), no statement is made about conferral or about whether defendant H&H Life objects, but the Court, seeing that plaintiff is the party considering the motion to compel in question, in its discretion sees no prejudice in granting this motion without further reference to H&H Life's position. In the interest of efficiency and cost management, Fed. R. Civ. P. 1, the motion is granted, and the discovery motion in question is to be filed no later than noon on 1/13/25. Mailed notice. |
| 01/06/2025 | MOTION by Plaintiff Bigfoot 4x4, Inc. for extension of time Plaintiff's Motion for a First Extension of Time to File a Motion to Compel Discovery Requests of Defendant No. 88 "H&H LIFE" Presented before Magistrate Judge |
| 12/27/2024 | 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 12/27/2024: Mailed notice. |
| 12/17/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: Hearing held on plaintiff's contested motion to re-open discovery (doc. # 107). Defense counsel for H&H Life ("Defendant") did not appear and did not notify the Court that it would not appear, would have difficulty appearing, or needed to request a postponement. Plaintiff's counsel reported that instead, Defendant's counsel contacted plaintiff's counsel to state that defense counsel would be in China and would not be appearing, and also that defense counsel did not oppose the motion to reopen discovery. Accordingly, the Court granted as unopposed the motion to reopen discovery. The Court kindly reminds defense counsel that counsel's appearance at court-ordered hearings is mandatory (i.e., that having opposing counsel carry one's water at a court-ordered hearing is not how this Court does business), that "Schedule A" infringement cases are federal civil lawsuits and are as important as any other case, and that failing to appear at court-ordered proceedings without notice to the Court is discourteous, wasteful, and unprofessional. As it happened, the Court also wished to use today's hearing as an opportunity to obtain input from Defendant H&H Life and plaintiff concerning the remaining discovery schedule (including the when and where of oral depositions), which was part and parcel of the motion to re-open. Oral motion by plaintiff to set fact discovery to close on 3/17/25 is granted as unopposed, for reasons stated on the record. The parties are ordered to begin discussing and planning, by their counsel, the scheduling of all discovery depositions so that such depositions and/or motion practice concerning them are completed in advance of the 3/17/25 cutoff, which is marked as final. Plaintiff makes an oral motion for leave to file a motion to compel concerning Defendant's Rule 33 and Rule 34 responses (and document production) on or before 1/6/25. That motion is granted as unopposed, given defense counsel's absence. A status hearing on discovery progress and settlement status is set for 9 a.m. on 3/13/25 in Courtroom 1342, in person at the Dirksen U.S. Courthouse. Mailed notice. |
| 12/17/2024 | ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file a motion to compel. |
| 12/17/2024 | ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. to set fact discovery deadline. |
| 12/13/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's contested motion to re-open discovery (doc. # 107) is set for hearing at 10 a.m. on 12/17/24 in Courtroom 1342 of the Dirksen U.S. Courthouse. Due to audio difficulties with the last effort to permit defense counsel for H&H Life to appear telephonically, telephonic participation is not being permitted. If the parties reach agreement on this motion, they should notify the courtroom deputy as soon as possible so that the hearing may be vacated. Mailed notice. |
| 12/13/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Opposed Motion to Reopen Discovery Presented before Magistrate Judge |
| 12/04/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: Discovery status hearing held concerning Plaintiff and Defendant H&H Life. The parties report that not all parties are interested in settlement discussions. Plaintiff makes an oral motion for leave to file a motion to re-open closed fact discovery to depose a China-based representative of H&H Life in China. That motion is granted without objection, and the motion is to be on filed by noon on 12/13/24. Plaintiff makes an oral motion to temporarily defer the setting of an expert schedule until the motion for extension of fact discovery is ruled on. That motion is granted without objection. Mailed notice. |
| 12/04/2024 | ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. to temporarily defer the setting of an expert schedule. |
| 12/04/2024 | ORAL MOTION by Plaintiff Bigfoot 4x4, Inc. for leave to file a motion to re-open closed fact discovery. |
| 12/02/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: A discovery status hearing is set for the 11:30 a.m. status call on 12/4/24 in Courtroom 1342 of the Dirksen U.S. Courthouse. At the hearing, the parties should be prepared to discuss the closure of fact discovery on 10/31/24, and the expert discovery schedule as proposed in the 10/25/24 status report (doc. # 97). The discovery status will be followed by an off-the-record, settlement-only status hearing. Out-of-town counsel has leave to participate in the hearing by telephone. The dial-in number is 1-650-479-3207, using access code 1607759621. Entering an attendee code is not required. Members of the public and media will be able to call in to listen to this hearing. 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. Mailed notice. |
| 11/05/2024 | ORDER Signed by the Honorable Gabriel A. Fuentes on 11/5/2024. Mailed notice. |
| 11/05/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's Motion to Deem as Admitted all Unanswered Facts Set forth in Plaintiff's First Requests for Admission of Facts to Defendant No. 88 "H&H Life." (doc. # 98) is granted in part and denied in part, and Defendant H&H Life's Motion to Withdraw or Amend the Default Admissions (doc. # 102) is denied, all for the reasons stated in the accompanying memorandum opinion and order. Enter Order. Mailed notice. |
| 11/01/2024 | MOTION by Defendant H&H Life withdraw or amend default admissions Presented before Magistrate Judge 附件： 1:Declaration of Counsel 2:(Exhibit A) |
| 10/29/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff Bigfoot's motion (doc. # 100) to reset the Court's 10/31/24 hearing on Bigfoot's motion to have facts deemed admitted (doc. # 98), the motion is denied in part and granted in part. The motion is granted insofar as the 10/31/24 hearing is stricken. The motion is denied insofar as the hearing is not being reset, as it could not be held for another two weeks, meaning that resolution of the relatively straightforward issues in the motion would be unduly delayed. Instead of holding a hearing, the Court simply orders defendant H&H Life to file a written response by noon on 11/1/24, and the motion will then be taken under advisement for ruling by CM-ECF. Mailed notice. |
| 10/29/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. to reset Plaintiff's Unopposed Motion to Reset Hearing Presented before Magistrate Judge |
| 10/25/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to have Rule 36 requests deemed admitted (doc. # 98), a motion hearing is set for 9 a.m. on 10/31/24 in Courtroom 1342 of the Dirksen U.S. Courthouse. The parties should be prepared to argue the motion orally at that time. The Court will also entertain, before the hearing, a written motion to compel concerning non-responses to other written discovery requests, or, during the hearing, an oral motion to that effect. Any party to whom such a motion is directed should be prepared to argue it at the hearing, as the simple question would be whether discovery responses were or were not timely served. The fact discovery closure stands at 10/31/24. At the hearing, the Court also would like to discuss the expert discovery schedule as set forth in the joint status report (doc. # 97), and particularly the proposed four-month gap between the plaintiff's and the defendant's Rule 26(a)(2) disclosure dates. Mailed notice. |
| 10/25/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. Plaintiff's Motion to Deem as Admitted all Unanswered Facts Set Forth in Plaintiff's First Requests for Admission of Facts to Defendant No. 88 "H&H LIFE." Presented before Magistrate Judge 附件： 1:Exhibit A 2:(Exhibit B) |
| 10/25/2024 | STATUS Report Joint Status Report by Bigfoot 4x4, Inc. Presented before Magistrate Judge |
| 09/19/2024 | DEFAULT Judgment Order Signed by the Honorable John J. Tharp, Jr on 9/19/2024. Mailed notice |
| 09/19/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 91 is granted. Enter default judgment order. Mailed notice |
| 09/04/2024 | MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 91 is taken under advisement. Any objections or responses are due by 9/16/24. The plaintiff is directed to provide the defendants listed in the amended Schedule A [91-1] with notice of the default proceedings against them by 9/6/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order, and (2) send an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice |
| 09/03/2024 | DECLARATION of Michael A. Hierl regarding motion for default judgment, 91 附件： 1:(Exhibit Hierl Exhibit 1) |
| 09/03/2024 | MEMORANDUM by Bigfoot 4x4, Inc. in support of motion for default judgment, 91 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 09/03/2024 | MOTION by Plaintiff Bigfoot 4x4, Inc. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Amended Schedule A Presented before District Judge 附件： 1:(Exhibit A) |
| 09/03/2024 | CERTIFICATE of Service by John Wilson on behalf of Bigfoot 4x4, Inc. |
| 08/22/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' joint status report (doc. # 88), no adjustment is made to the discovery schedule, and fact discovery closes as scheduled on 10/31/24. The next joint status report on discovery progress and settlement status from plaintiff and H&H Life is due at noon on 10/24/24 and must contain a proposed contested or agreed expert discovery schedule is any expert discovery is to occur in this matter. Mailed notice. |
| 08/21/2024 | STATUS Report Joint Status Report by Bigfoot 4x4, Inc. Presented before Magistrate Judge |
| 08/19/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 86, defendant no. 95 is dismissed from this case. Mailed notice |
| 08/16/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 95 |
| 08/14/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 84 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 64 is dismissed from this case. Mailed notice |
| 08/09/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 64 |
| 07/31/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 82 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 82 is dismissed from this case. Mailed notice |
| 07/29/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 82 |
| 07/22/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 80 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 85 and 124 are dismissed from this case. Mailed notice |
| 07/18/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 07/03/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: The Court has reviewed plaintiff's status report (doc. #78) which appears not to be a joint report because defense counsel for H&H Life, despite having filed an answer and counterclaim (doc. #61) in the case for that defendant. With defendant not having weighed in on the scheduling issue despite having a court-ordered opportunity to do so, the Court enters and modifies slightly the discovery schedule as plaintiff has proposed, with respect to the claims as between plaintiff and H&H Life: (1) Rule 26(a)(1) disclosures to be served no later than 7/31/24; (2) written discovery requests to be served no later than 8/14/24; and (3) fact discovery to close on 10/31/24. Expert discovery scheduling is deferred until nearer the close of fact discovery and until input from H&H Life so that the Court may know what if any expert discovery might be had. The setting of a dispositive motion deadline date is deferred to the district court. The next joint written status report on discovery progress and settlement status is due at noon on 8/22/24. It needs to be a joint report. |
| 07/03/2024 | STATUS Report by Bigfoot 4x4, Inc. Presented before Magistrate Judge |
| 07/03/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 76 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 38 and 47 are dismissed from this case. Mailed notice |
| 07/02/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/26/2024 | MINUTE entry before the Honorable Gabriel A. Fuentes: This matter having been referred to the magistrate judge for discovery and settlement (doc. # 74), the Court directs the parties to confer under Rule 26(f) and file a joint written status report by noon on 7/3/24 setting forth an agreed or contested schedule for discovery. The parties are directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes and the Top Ten Ways to Defeat Settlement, both available on the Court's website. If the parties at any time decide they wish to engage in a settlement conference, they may contact the courtroom deputy, Lauren Knight, at 312-818-6514. Further, the parties are invited, if they wish, to communicate to Ms. Knight their pronouns for counsel or clients. The judge's pronouns are he/him/his. Mailed notice. |
| 06/25/2024 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: all further discovery scheduling and supervision, as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders.Mailed notice. |
| 06/25/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The matter between plaintiff and defendant no. 88 ("H&H Life") is referred to the assigned magistrate judge for all further discovery scheduling and supervision, as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders are included within this referral. Mailed notice |
| 06/24/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 70 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 103 is dismissed from this case. Mailed notice |
| 06/24/2024 | STATUS Report Joint Initial Status Report by Bigfoot 4x4, Inc. |
| 06/21/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 103 |
| 06/20/2024 | RESPONSE by Plaintiff Bigfoot 4x4, Inc. Answer to Defendant's Counterclaims |
| 06/17/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 67 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 115, 122, and 145 are dismissed from this case. Mailed notice |
| 06/14/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/13/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 65 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 40, 41, and 112 are dismissed from this case. Mailed notice |
| 06/11/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 06/05/2024 | 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 4/26/2024, answer due 5/17/2024. |
| 05/31/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 6/21//2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice |
| 05/30/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 60 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 46, 55, 76, 83, and 87 are dismissed from this case. Mailed notice |
| 05/30/2024 | ANSWER to Complaint initiated by Bigfoot 4x4, Inc., COUNTERCLAIM filed by H&H Life against Bigfoot 4x4, Inc. by H&H Life |
| 05/29/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/20/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 58 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), the defendants listed therein are dismissed from this case. Mailed notice |
| 05/17/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/15/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 56 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants 10, 11, 23, 24, 25, 30, 45, 50, 68, 72, 84, and 91 are dismissed from this case. Mailed notice |
| 05/14/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/09/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 54 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 99, 121, 155, 156, and 157. Mailed notice |
| 05/07/2024 | NOTICE of Voluntary Dismissal by Bigfoot 4x4, Inc. Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants |
| 05/06/2024 | Terminating Joybuy Marketplace(Express), Plainclothes Commune, benediction-jy, kevinw-39870, supreme-model, yjym-50, ASHIONG and Joybuy |
| 05/06/2024 | NEW PARTIES: minnie1025, macroge, luckyb5935, lisha-4155, limasagalaaya, lifebystyle, kanata2005shop, gadgetsimpact, funhome914, fantastics, egrandmart, dongfengmodel, diecast_replicas, alicewond70, XPZONE Co., Ltd., OXM MALL, HongKongEastonTechnologyCoLimited, HESITONE, Aloha Toii, teebazaar, staylacy, patricktanner, Jey57, Hamouda76, wangyuk, qiuyonghui, turbopig, trendy-toys3, supreme-model, sell4eu, parker3721, moxtoys, ministation, minimodelsgt, magic-trumpeter-6, magic-pill-toy4, knick-toys, kingpopmodel, kevinw-39870, home-lamp, has8103, gooutlook, goodshot3, gamma8858, flowerm2c, famehobby, dongfeng2019, d-caseme, chinaznb, chinalight2015, britley3, benediction-jy, beauty2337, bauble-toys, bairick333 and anita8855 added to case caption. |
| 05/06/2024 | NEW PARTIES: MAGERS, JiYuan toys, FUNNYYY, eaglestone toy house, Black Bear Hot Pot toy, Auspiciousday, ASHIONG, XZSNLYZ US, XU JNMHBG, XINWANG MODEL, WOAEIUOS, Wangzhifu store, Tiantai Yima Automobile Accessories Co., Ltd, The world and the world, Spirit HP, Sincerely Mr Huang, SINCE1912, shenyoubaihuo, RUIERTI, Ru Ying, ROOMSSHOP, RICK OWENS, RED DRAGONFLYE, ONERC Model, Mokky, Mandy Meet, LMXCTDDAS, Kosdfoge Direct, King of models, Jwentye, JUEJINGBAO, JoiJoy_JoiJoy, joeqiao, huifhdn48946513, guangdongjunhaomaoyi, FYUDI, Flytulic NA, Escape Xin, Dzstru-US, dsfholn48946, dhun8933230, Cqutevind, Chenwo-us, car life, BigkingEU, ApricotTree, And Yu, Amy store-us, 3D LED LAMP NIGHT LIGHT, zero-models, yjym-50, willemate, wangxin-6, visionmodel, tuiencool, toptrendecor, tedytjandera.mandalatoys, tbox_tbtb, stickersmaster, royalra-67, rideksshop, red-maxx, rchobbystoredeals, quality_zone_0 and online_24.7 added to case caption. |
| 05/06/2024 | MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's motion for entry of a preliminary injunction order against defendant no. 88 "H& Life" 38 is denied. Upon consideration of the objection submitted by defendant no. 88 47 and the plaintiff's reply 52, the Court is not persuaded that the plaintiff has shown a sufficient likelihood of success on the merits of its trademark claim against defendant no. 88 "H&H Life" for alleged infringement of its "BIGFOOT" word mark. The "evidence of infringement" submitted by the plaintiff shows that defendant no. 88 includes the following in its product description: "Suitable for 1/10 bigfoot climbing, off road, drifting RC cars." ECF No. 52-3. Plaintiff's own reply notes that this is an instance where "Defendant is using the 'BIGFOOT' name/mark to describe the products it is selling." Reply at 5, ECF No. 52. Under 15 U.S.C. § 1115(b)(4), a defendant in a trademark infringement action may invoke the fair use defense by demonstrating that the alleged infringement "is a use, otherwise than as a mark. which is descriptive of and used fairly and in good faith only to describe the goods or services of such party." There is little to nothing about the defendant's use of the word "bigfoot" that indicates it is using the word "bigfoot" in that product description to identify itself as the owner of the "bigfoot" mark or to indicate that the source of its product is that of the trademark owner. The plaintiff thus fails to show that it has a likelihood of prevailing against the defendant's descriptive fair use defense. The extended TRO 49 is dissolved against defendant no. 88, H&H Life; any asset freeze or other restraint imposed is lifted. Mailed notice |
| 05/06/2024 | NEW PARTIES: YIXIYI Co.Itd, yiwushiguiaoxinxikejiyouxiangongsi, xiamenzhengfengkenwangluo, VAJJEXRC, Magic Pocket, Joybuy Marketplace(Express), Joybuy, HFY Marketplace LLC, GBSELL.Clearance!, Esaierr Co.Ltd, AURIGATE, AN SHENG LLC, wkyip79, THE SUPERIORS SHIRT SHOP, ThatMerchStore, Super3, spywarenona2522, sixquarter, RMorra, Raionha, Ploxd, Octoplatypus, Nubsworld, masum8282, lunegreiros, IhenadoSanco, Hariolf, GAS-Designs, FamFun, FadioAshuka, depresident, Culopop, CORFICREATIVE, arthittm, alt0230, AI Masterpieces, Yohi c, Theodred, SHXH, smx, Plainclothes Commune, Nibingquan shop, Milliebaby and Mens hoodie added to case caption. |
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