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840 Trademark | Illinois Northern
Minute
MINUTE entry before the Honorable John F. Kness: At a hearing held on 7/29/2026, the Court orally denied Plaintiff's motions for judgment on the pleadings ( 334 335 ). That ruling was necessary because, given that no discovery has been completed and several elements of Plaintiff's claims require factual development, Plaintiff is not entitled to a judgment in her favor based solely on her allegations. See, e.g., Natl. Fid. Life Ins. Co. v. Karaganis, 811 F.2d 357, 358 (7th Cir. 1987) (movant bears the burden of demonstrating that no factual dispute exists and that they are entitled to judgment as a matter of law). Judgment on the pleadings as to Defendants' purported affirmative defenses is also inappropriate because, as the Seventh Circuit has explained, motions to strike even technically deficient affirmative defenses are disfavored. See Heller Fin., Inc. v. Midwhey Powder Co., Inc., 883 F.2d 1286, 1294 (7th Cir. 1989); Talbot v. Robert Matthews Distribg. Co., 961 F.2d 654, 664 (7th Cir. 1992). Turning to Defendants' motion to modify the scheduling order 348 , the proposed scheduling amendments are fair and reasonable. Accordingly, Defendants are granted leave to serve limited written discovery requests within 10 days of the entry of this order. Defendants must file their anticipated motion for summary judgment, if any, within 21 days of receiving Plaintiff's response. At the Court's instance, the status hearing set for 8/18/2026 is stricken and reset to 10/7/2026 at 9:45 A.M. Mailed notice. (exr, ) (Entered: 08/17/2026)
Motion
MOTION by Defendants Jane Chen, Lily Zou, Min Xiao, Vivi Fang, Vivian Fang to amend/correct Motion to Modify Scheduling Order
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