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2024-cv-03006

Spin Master Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

法院：伊利诺伊州北法院
发案日期：2024-04-15
原告：SPIN MASTER LTD.
代理律所：GBC
诉讼类型：商标
# Date Description
[+] 1 2024-04-15 COMPLAINT filed by Spin Master Ltd., Spin Master, Inc.; Filing fee $ 405, receipt number AILNDC-21856981.
2 2024-04-15 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Schedule A regarding complaint[1]
3 2024-04-15 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for leave to file under seal
4 2024-04-15 CIVIL Cover Sheet
5 2024-04-15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spin Master Ltd., Spin Master, Inc.
6 2024-04-15 Notice of Claims Involving Trademarks by Spin Master Ltd., Spin Master, Inc.
7 2024-04-15 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin R. Gaudio
8 2024-04-15 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Amy Crout Ziegler
9 2024-04-15 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Christopher S Hermanson
10 2024-04-15 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Justin Tyler Joseph
[+] 11 2024-04-15 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Luana Faria De Souza (Faria De Souza, Luana)
12 2024-04-16 MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [3] is granted. Mailed notice.
13 2024-04-17 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery
14 2024-04-17 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for temporary restraining order[13]
[+] 15 2024-04-17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]
[+] 16 2024-04-17 DECLARATION of Susanne Teixeira regarding memorandum in support of motion[14]
17 2024-04-17 SEALED EXHIBIT by Plaintiffs Spin Master Ltd., Spin Master, Inc. Exhibit 4 - Parts 1-9 regarding declaration[16]
18 2024-04-17 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)
19 2024-04-17 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for miscellaneous relief[18]
[+] 20 2024-04-17 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19]
21 2024-04-18 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Marcella Deshonda Slay
22 2024-04-18 MINUTE entry before the Honorable Thomas M. Durkin: Ex parte telephone conference held on 4/18/2024. Transcript is to remain sealed. Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] is granted. Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [18] is granted. Mailed notice.
[+] 23 2024-04-18 SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 4/18/2024. Mailed notice.
24 2024-04-22 Registry Deposit Information Form by Spin Master Ltd., Spin Master, Inc.
25 2024-04-23 SEALED TRANSCRIPT OF PROCEEDINGS held on 04/18/2024 before the Honorable Thomas M. Durkin. Motion for Temporary Restraining Order. Court Reporter Contact Information: Elia E. Carrion, EECarrionOfficialTranscript@gmail.com, 312.408.7782.
26 2024-04-24 SURETY BOND in the amount of $ 95,000.00 posted by Spin Master Ltd., Spin Master, Inc. (Document not imaged)
27 2024-04-26 ATTORNEY Appearance for Defendant Changzhou Guilai E-commerce Co., Ltd. by Hua Chen
28 2024-04-29 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for extension of time of Temporary Restraining Order
[+] 29 2024-04-29 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of extension of time[28]
30 2024-04-30 MINUTE entry before the Honorable Thomas M. Durkin: Motion to extend the Temporary Restraining Order 28 is granted. The Temporary Restraining Order entered on 4/18/2024 23 is extended by a period of fourteen (14) days until 5/16/2024. Mailed notice.
31 2024-05-09 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant
32 2024-05-11 MAILED Trademark report to Patent Trademark Office, Alexandria VA
33 2024-05-11 MAILED to plaintiff(s) counsel Lanham Mediation Program materials
[+] 34 2024-05-13 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction as to certain Defendants
[+] 35 2024-05-13 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction[34]
36 2024-05-13 MINUTE entry before the Honorable Thomas M. Durkin: Telephone hearing as to the motion for preliminary injunction [34] is set for 5/16/2024 at 1:00 p.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
[+] 37 2024-05-13 SUMMONS Returned Executed by Spin Master Ltd., Spin Master, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/13/2024, answer due 6/3/2024.
38 2024-05-14 MINUTE entry before the Honorable Thomas M. Durkin: Telephone hearing as to the motion for preliminary injunction [34] set for 5/16/2024 at 1:00 p.m. is reset for 2:00 p.m. Time change only. Mailed notice.
39 2024-05-15 MINUTE entry before the Honorable Thomas M. Durkin: Telephone hearing as to the motion for preliminary injunction [34] set for 5/16/2024 at 2:00 p.m. is reset for 1:00 p.m. Time change only. Mailed notice.
[+] 40 2024-05-16 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/16/2024. Counsel appeared on behalf of Defendant Seronline. No one was present on behalf of other defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction as to certain defendants [34] is granted. Plaintiff's counsel is to submit an updated Preliminary Injunction Order excluding the Defendant who appeared. By agreement, the TRO is extended as to Defendant Seronline. The parties are to send the courtroom deputy an agreed expedited briefing schedule as to Defendant's opposition to the Preliminary Injunction. The Clerk's office is directed to unseal Schedule A to the Complaint [2], Exhibit 4 to the Declaration of Susanne Teixeira [17], and the TRO [23]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 6/18/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
41 2024-05-16 PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/16/2024. Mailed notice.
[+] 42 2024-05-16 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for preliminary injunction as to certain Defendants
[+] 43 2024-05-16 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for preliminary injunction[42]
[+] 44 2024-05-16 SUMMONS Returned Executed by Spin Master, Inc., Spin Master Ltd. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/16/2024, answer due 6/6/2024.
45 2024-05-17 MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 42 is set for 5/23/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
46 2024-05-20 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for Entry of an Asset Restraint Order as to Defendant No. 59 (Agreed)
47 2024-05-20 MINUTE entry before the Honorable Thomas M. Durkin: Agreed motion for entry of an asset restraint order as to Defendant No. 59 [46] is granted. Enter order. Mailed notice.
48 2024-05-20 AGREED Asset Restraint Order as to Defendant No. 59. Signed by the Honorable Thomas M. Durkin on 5/20/2024. Mailed notice.
49 2024-05-22 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Kahlia Roe Halpern
50 2024-05-23 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/23/2024. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [42] is granted. Enter Preliminary Injunction Order. A telephone status hearing is set for 6/24/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
51 2024-05-23 PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/23/2024. Mailed notice.
52 2024-05-24 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants
53 2024-05-30 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendants
54 2024-06-02 ATTORNEY Appearance for Defendant Zhuhai Dreamy Decorations Ltd. by Huicheng Zhou
55 2024-06-03 ANSWER to Complaint by Changzhou Guilai E-commerce Co., Ltd.
56 2024-06-06 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/18/2024 is vacated. The telephone status hearing set for 6/24/2024 at 9:00 a.m. stands. Mailed notice.
57 2024-06-07 MOTION by Defendant Zhuhai Dreamy Decorations Ltd. for extension of time
58 2024-06-07 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 57 is granted. Defendant Zhuhai Dreamy Decorations Ltd. is to respond to the Complaint by 7/26/2024. Mailed notice.
59 2024-06-10 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to a certain Defendant
[+] 60 2024-06-10 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for entry of default, MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for default judgment as to all Defendants with the exception of certain Defendants
[+] 61 2024-06-10 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for entry of default, motion for default judgment, 60
[+] 62 2024-06-10 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 61
63 2024-06-10 MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for entry of default and for default judgment 60 is set for 6/17/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
64 2024-06-13 ATTORNEY Appearance for Defendant Shishi LvYu Plastic Products Co., Ltd. by Adam Edward Urbanczyk
65 2024-06-13 MOTION by Defendant Shishi LvYu Plastic Products Co., Ltd. for extension of time UNOPPOSED
66 2024-06-16 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Thomas Joseph Juettner
67 2024-06-17 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/17/2024. Defendant Shishi LvYu Plastic Products Co., ltd.'s unopposed motion for extension of time [65] is granted. Defendant is to respond to Plaintiff's Complaint by 7/5/2024. For the reasons stated on the record, the motion for entry of default and for default judgment [60] is granted. Enter order. A telephone status hearing is set for 7/17/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
68 2024-06-17 DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 6/17/2024. Mailed notice.
[+] 69 2024-06-17 MOTION by Movant Huicheng Zhou to withdraw as counsel
70 2024-06-20 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/24/2024 is vacated. The telephone status hearing set for 7/17/2024 at 9:00 a.m. stands. Mailed notice.
71 2024-06-24 MINUTE entry before the Honorable Thomas M. Durkin: Telephonic Motion Hearing as to the Motion for Leave to Withdraw [69] set for 7/1/2024 at 09:00 AM. Defendant is required to be present on the call. Counsel is to provide a translator if the defendant does not speak English. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
72 2024-06-28 FULL SATISFACTION of Judgment regarding order[68] in the amount of $200,000 as to certain defendant
73 2024-06-30 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Andrew Daniel Burnham
74 2024-07-01 MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/1/2024. A representative of Defendant Zhuhai Dreamy Decorations Ltd. was present with a translator. Huicheng Zhou's motion for leave to withdraw as counsel for Defendant Zhuhai Dreamy Decorations Ltd. [69] is granted without objection. Attorney Huicheng Zhou terminated. Defendant will be seeking new counsel. The telephone status hearing set for 7/17/2024 is vacated. A telephone status hearing as to all remaining defendants is set for 7/18/2024 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
75 2024-07-02 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/18/2024 is reset for 7/17/2024 at 9:00 a.m. The dial in information will remain the same. Mailed notice.
76 2024-07-11 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant
77 2024-07-17 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 7/17/2024. A scheduling order as to appearing defendants is due by 7/31/2024. A telephone status hearing is set for 8/7/2024 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
78 2024-07-25 FULL SATISFACTION of Judgment regarding order[68] in the amount of $200,000 as to certain defendant
79 2024-07-30 ATTORNEY Appearance for Defendant Zhuhai Dreamy Decorations Ltd. by Erin Kathryn Russell
80 2024-07-31 REPORT of Rule 26(f) Planning Meeting by Spin Master Ltd., Spin Master, Inc.
81 2024-07-31 ATTORNEY Appearance for Plaintiffs Spin Master Ltd., Spin Master, Inc. by Jennifer Van Nacht
82 2024-08-02 MINUTE entry before the Honorable Thomas M. Durkin: The Court is in receipt of the joint proposed scheduling order and enters the following schedule. Rule 26(a)(1) disclosures are due by 8/14/2024. First date by which to issue written discovery is 9/4/2024. Deadline to amend the pleadings is 1/30/2025. Close of fact discovery is 4/20/2025. The telephone status hearing set for 8/7/2024 at is reset for 12/10/2024 at 9:00 a.m. The dial-in information will be the same. Mailed notice.
83 2024-09-12 MOTION by Plaintiffs Spin Master, Inc., Spin Master Ltd. for summary judgment an Award of Defendant's Infringing Profits, and an Award of Statutory Damages
84 2024-09-12 MEMORANDUM by Spin Master Ltd., Spin Master, Inc. in support of motion for summary judgment[83]
85 2024-09-12 RULE 56.1(a)(2) Statement by Spin Master Ltd., Spin Master, Inc. regarding motion for summary judgment[83]
[+] 86 2024-09-12 DECLARATION of Susanne Teixeira regarding Rule 56 statement[85]
[+] 87 2024-09-12 DECLARATION of Jennifer V. Nacht regarding Rule 56 statement[85]
88 2024-09-13 MINUTE entry before the Honorable Thomas M. Durkin: Defendant SERONLINE is to respond to the motion for summary judgment, an award of Defendant's infringing profits, and an award of statutory damages 83 by 10/4/2024. Plaintiff is to reply by 10/18/2024. Mailed notice.
89 2024-09-19 NOTICE of Voluntary Dismissal by Spin Master Ltd., Spin Master, Inc. as to certain defendant
90 2024-09-24 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 12/10/2024 is reset for 12/17/2024 at 8:45 a.m. The dial-in information will be the same. Mailed notice.
91 2024-10-01 MOTION by Defendant SERONLINE for extension of time to file response/reply as to motion for summary judgment[83] UNOPPOSED
92 2024-10-02 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time 91 is granted. Defendant Seronline is to respond to Plaintiffs' Motion for Summary Judgement 83 by 10/18/2024. Plaintiffs are to file their reply in support by 11/1/2024. Mailed notice.
93 2024-10-10 FULL SATISFACTION of Judgment regarding order 68 in the amount of $200,000 as to certain defendant
94 2024-10-18 ATTORNEY Appearance for Defendant Changzhou Guilai E-commerce Co., Ltd. by Daniel I. Konieczny
95 2024-10-18 ATTORNEY Appearance for Defendant Changzhou Guilai E-commerce Co., Ltd. by Jeffrey Louis Grinde, Jr
96 2024-10-18 MEMORANDUM by Changzhou Guilai E-commerce Co., Ltd. in Opposition to motion for summary judgment 83
97 2024-10-18 RULE 56 LR 56.1(b)(2)-(3) Statement
[+] 98 2024-10-18 DECLARATION of QIAN DING regarding Rule 56 statement 97
99 2024-10-18 DECLARATION of SHRUTI AGGARWAL regarding Rule 56 statement 97
[+] 100 2024-10-18 DECLARATION of JEFFREY L. GRINDE JR. regarding Rule 56 statement 97
101 2024-10-22 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to Extend Deadline to File Reply to Plaintiffs' Motion for Summary Judgement 83 (Unopposed)
102 2024-10-22 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion to extend deadline 101 is granted. Plaintiff's deadline to file its reply in support of its motion for summary judgment 83 is extended to 11/15/2024. Mailed notice.
103 2024-11-15 REPLY by Plaintiffs Spin Master Ltd., Spin Master, Inc. to motion for summary judgment 83
104 2024-11-15 RESPONSE by Plaintiffs Spin Master Ltd., Spin Master, Inc. to Rule 56 statement 97
105 2024-11-15 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to stay Discovery
106 2024-11-15 DECLARATION of Jennifer V. Nacht regarding motion to stay 105
107 2024-11-19 MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following agreed briefing schedule as to the motion to stay discovery 105 : Defendant SERONLINE's response is due by 12/4/2024; Plaintiffs' reply is due by 12/11/2024. Mailed notice.
108 2024-12-04 RESPONSE by SERONLINEin Opposition to MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. to stay Discovery 105
109 2024-12-11 REPLY by Plaintiffs Spin Master Ltd., Spin Master, Inc. to motion to stay 105, response in opposition to motion 108
110 2024-12-16 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 12/17/2024 is reset for 12/20/2024 at 8:45 a.m. The dial-in information will be the same. Mailed notice.
111 2024-12-17 MINUTE entry before the Honorable Thomas M. Durkin: Spin Master has filed a motion for summary judgment and a motion to stay discovery. Discovery in this case does not close until 4/20/2025, which is a date Spin Master jointly proposed with Defendant. Spin Master filed its motion for summary judgment before Defendant served any discovery. Defendant responded to the summary judgment motion arguing that it should be able to seek discovery about: (1) the likelihood of confusion, relevant to the trademark claim; (2) fair use, relevant to the copyright claim; (3) the issue of willfulness; and (4) the extent of damages. After responding to the summary judgment motion, Defendant served discovery, which prompted Spin Master's motion to stay. Spin Master, of course, argues that the discovery sought by Defendant is unnecessary, and points out that Defendant maintains that it can defeat summary judgment even without discovery. If Defendant had made that argument after the close of discovery, it might be sufficient reason to deny further discovery. But Defendant has the right to rely on the scheduling order and seek discovery that might strengthen its opposition to summary judgment. Therefore, the motion to stay is denied [105], and the motion for summary judgment [83] is denied without prejudice as premature. Prior to filing another motion for summary judgment, Spin Master should review the Court's procedures for seeking summary judgment, particularly the Court's custom to hold an off-the-record conference with counsel prior to the filing of any motion. The hearing set for 12/20/2024 stands. Mailed notice.
[+] 112 2024-12-17 MOTION by Plaintiffs Spin Master Ltd., Spin Master, Inc. for reconsideration regarding order on motion for summary judgment, order on motion to stay, text entry, [111]
113 2024-12-18 MINUTE entry before the Honorable Thomas M. Durkin: Spin Master's motion to reconsider [112] is denied. The Court did not deny the summary judgment motion because Spin Master failed to request an off-the-record conference. The Court's reference to its custom to hold an off-the-record conference was simply a notice that such a conference would now be required even though it wasn't when Spin Master inquired in July. And the case history Spin Master recounts in its motion does not change the fact that before Spin Master filed its summary judgment motion on 9/12/2024, it filed a proposed discovery schedule on 7/31/2024 providing that discovery would be open until 4/20/2025. Mailed notice.
114 2024-12-20 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 12/20/2024. The 4/20/2025 discovery cut-off stands. A telephone status hearing is set for 4/30/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.
115 2024-12-27 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.
116 2025-02-18 STIPULATION of Dismissal (Joint)
117 2025-02-18 MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to the stipulation of dismissal between Plaintiffs and Defendant SERONLINE, this action is dismissed with prejudice, with each party to bear their own costs and attorneys' fees. All pending dates before this court are stricken. Civil case terminated. Mailed notice.