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Entered	Case	Description
01/24/24	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	CERTIFICATE of Service (Supplemental) by James Edward Judge on behalf of MD, LLC regarding set motion and R&R deadlines/hearings,,, [241] , MOTION by Plaintiff MD, LLC to compel compliance with Default Judgment Order [240] (Attachments: # [1] Exhibit 1)(Judge, James) (Entered: 01/24/2024)
01/23/24	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	MINUTE entry before the Honorable Joan B. Gottschall: The certificate of service accompanying plaintiff's motion [240] to compel nonparties eBay, Inc., and LianLian Global (collectively "third-party providers") states that it was served by email on 1/18/2024. Any response to plaintiff's motion to compel [240] is due on or before 2/5/2024. Because third-party providers have not appeared, plaintiff is directed to serve them with a copy of this minute order in accordance with Fed. R. Civ. P. 5. Plaintiff must file a supplemental certificate of service on or before 1/26/2024. The supplemental certificate of service must indicate whether third-party providers have consented in writing to service by email in accordance with Fed. R. Civ. P. 5(b)(2)(F). Mailed notice (mjc, ) (Entered: 01/23/2024) MINUTE entry before the Honorable Joan B. Gottschall: The certificate of service accompanying plaintiff's motion [240] to compel nonparties eBay, Inc., and LianLian Global (collectively "third-party providers") states that it was served by email on 1/18/2024. Any response to plaintiff's motion to compel [240] is due on or before 2/5/2024. Because third-party providers have not appeared, plaintiff is directed to serve them with a copy of this minute order in accordance with Fed. R. Civ. P. 5. Plaintiff must file a supplemental certificate of service on or before 1/26/2024. The supplemental certificate of service must indicate whether third-party providers have consented in writing to service by email in accordance with Fed. R. Civ. P. 5(b)(2)(F). Mailed notice (mjc, ) (Entered: 01/23/2024)
01/18/24	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	MOTION by Plaintiff MD, LLC to compel compliance with Default Judgment Order (Judge, James) (Entered: 01/18/2024)
12/08/23	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion [238] under Fed. R. Civ. P. 41(a)(2) to dismiss voluntarily Defendant Choww Store (defendant no. 20). Plaintiff represents that it has settled with this defendant and that the settlement's terms "have been satisfied." Because default judgment has been entered [233] , the court construes plaintiff's motion as a motion under Fed. R. Civ. P. 60(b)(5) to modify the default judgment because it has been released as to defendant no. 20. So construed, plaintiff's motion [238] is granted. In accordance with the proposed order emailed to the court on 12/6/2023, the default judgment [233] entered 10/16/2023 is modified to reflect that defendant Choww Store (defendant no. 20) is dismissed with prejudice. Mailed notice (mjc, ) (Entered: 12/08/2023) MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion [238] under Fed. R. Civ. P. 41(a)(2) to dismiss voluntarily Defendant Choww Store (defendant no. 20). Plaintiff represents that it has settled with this defendant and that the settlement's terms "have been satisfied." Because default judgment has been entered [233] , the court construes plaintiff's motion as a motion under Fed. R. Civ. P. 60(b)(5) to modify the default judgment because it has been released as to defendant no. 20. So construed, plaintiff's motion [238] is granted. In accordance with the proposed order emailed to the court on 12/6/2023, the default judgment [233] entered 10/16/2023 is modified to reflect that defendant Choww Store (defendant no. 20) is dismissed with prejudice. Mailed notice (mjc, ) (Entered: 12/08/2023)
12/06/23	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	MOTION by Plaintiff MD, LLC to dismiss defendant Choww Store (20) (Judge, James) (Entered: 12/06/2023)
11/20/23	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	FULL SATISFACTION of Judgment regarding order 233 as to Certain Defendant (Judge, James) (Entered: 11/20/2023)
10/19/23	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a "Motion to Reopen the Case and Amend Default Judgment Order" to reflect that defendant nos. 249, 250, 251, 257, and 269 were dismissed voluntarily before the default judgment was entered (see doc. no. 95 ). The court has identified the following additional defendants which were dismissed voluntarily but included in the default judgment order: defendant nos. 7, 36, 37, 42, 45, and 222. See doc. nos. 228, 230 . Defendant nos. 7, 36, 37, 42, 45, 222, 249, 250, 251, 257, and 269 are stricken sua sponte from schedule A to the default judgment 233 . Plaintiff also moves to reopen based on the representation that it has not concluded settlement negotiations with "several defendants." Plaintiff does not specify which defendants, but plaintiff separately filed a motion 235 to enter a consent judgment against defendant no. 268. When the court previously entered the default judgment requested by plaintiff 233, it closed this case, relying on plaintiff's representation in its motion for entry of default judgment (see doc. no. [212-1] at 1) that it was requesting entry of a "final judgment," which means a judgment disposing of all claims and all parties. See Fed. R. Civ. P. 54(a), 58. Future motions must state clearly when a judgment as to fewer than all claims or parties is requested. If plaintiff has not resolved its claims against all defendants, the default judgment must be set aside in its entirety unless the court finds under Fed. R. Civ. P. 54(b) that there is no just reason for delaying entry of a partial judgment. See Arwa Chiropractic, P.C. v. Med-Care Diabetic & Med. Supplies, Inc., 961 F.3d 942, 950 (7th Cir. 2020). For the same reason, the court cannot enter a partial judgment against defendant no. 268 (as to which plaintiff has requested entry of a consent judgment) without making the findings required by Rule 54(b). Because no Rule 54(b) finding has been requested, plaintiff's motion 235 for entry of a consent judgment against defendant no. 268 is denied without prejudice. Further, because setting aside the default judgment in its entirety (which plaintiff suggests it wants in order to continue settlement negotiations) would be likely to disrupt any ongoing efforts to collect it, the court declines to vacate the default judgment on its own motion. Plaintiff may file an amended motion to reopen or a motion for a Rule 54(b) finding, making clear what relief it is requesting and what Federal Rules of Civil Procedure support that relief. For the reasons stated above, the court strikes the above-listed defendants from the default judgment. The motion for a consent judgment against defendant no. 268 is denied without prejudice. The motion to reopen the case is denied without prejudice since plaintiff has not made clear whether it wishes to set aside the default judgment in its entirety or wishes to move for a Rule 54(b) finding. Mailed notice (mjc, ) (Entered: 10/19/2023) MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a "Motion to Reopen the Case and Amend Default Judgment Order" to reflect that defendant nos. 249, 250, 251, 257, and 269 were dismissed voluntarily before the default judgment was entered (see doc. no. 95 ). The court has identified the following additional defendants which were dismissed voluntarily but included in the default judgment order: defendant nos. 7, 36, 37, 42, 45, and 222. See doc. nos. 228, 230 . Defendant nos. 7, 36, 37, 42, 45, 222, 249, 250, 251, 257, and 269 are stricken sua sponte from schedule A to the default judgment 233 . Plaintiff also moves to reopen based on the representation that it has not concluded settlement negotiations with "several defendants." Plaintiff does not specify which defendants, but plaintiff separately filed a motion 235 to enter a consent judgment against defendant no. 268. When the court previously entered the default judgment requested by plaintiff 233, it closed this case, relying on plaintiff's representation in its motion for entry of default judgment (see doc. no. [212-1] at 1) that it was requesting entry of a "final judgment," which means a judgment disposing of all claims and all parties. See Fed. R. Civ. P. 54(a), 58. Future motions must state clearly when a judgment as to fewer than all claims or parties is requested. If plaintiff has not resolved its claims against all defendants, the default judgment must be set aside in its entirety unless the court finds under Fed. R. Civ. P. 54(b) that there is no just reason for delaying entry of a partial judgment. See Arwa Chiropractic, P.C. v. Med-Care Diabetic & Med. Supplies, Inc., 961 F.3d 942, 950 (7th Cir. 2020). For the same reason, the court cannot enter a partial judgment against defendant no. 268 (as to which plaintiff has requested entry of a consent judgment) without making the findings required by Rule 54(b). Because no Rule 54(b) finding has been requested, plaintiff's motion 235 for entry of a consent judgment against defendant no. 268 is denied without prejudice. Further, because setting aside the default judgment in its entirety (which plaintiff suggests it wants in order to continue settlement negotiations) would be likely to disrupt any ongoing efforts to collect it, the court declines to vacate the default judgment on its own motion. Plaintiff may file an amended motion to reopen or a motion for a Rule 54(b) finding, making clear what relief it is requesting and what Federal Rules of Civil Procedure support that relief. For the reasons stated above, the court strikes the above-listed defendants from the default judgment. The motion for a consent judgment against defendant no. 268 is denied without prejudice. The motion to reopen the case is denied without prejudice since plaintiff has not made clear whether it wishes to set aside the default judgment in its entirety or wishes to move for a Rule 54(b) finding. Mailed notice (mjc, ) (Entered: 10/19/2023)
10/18/23	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	MOTION by Plaintiff MD, LLC Entry of Consent Judgment (Attachments: # 1 Ex. 1)(Judge, James) (Entered: 10/18/2023)
10/18/23	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	MOTION by Plaintiff MD, LLC Motion to Reopen the Case and Amend Order (Judge, James) (Entered: 10/18/2023)
10/16/23	MD LLC v. Partnerships Unincorp Associations 1:23-CV-00877 ( N.D. IL )	DEFAULT JUDGMENT ORDER Signed by the Honorable Joan B. Gottschall on 10/16/2023.Mailed notice(mjc, ) (Entered: 10/16/2023)