UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ABC Corporation, 

Plaintiff,

v.

The Partnerships and Unincorporated 

Associations Identified on Schedule "A"

Defendants.

Case No.: 1:20-cv-02876

 Judge: Robert M. Dow, Jr.

UNOPPOSED MOTION FOR EXTENSION OF TIME

Defendants, EverSmart 3C Tech Store and Professional 3C Elec Store, pursuant to FED. 

R. CIV. P. 6(b)(1), respectfully move, with consent from Plaintiff, for an extension of time up to 

and including Aug 15, 2020 to respond to the Plaintiff’s complaint [D.E. 1], and in support 

states: 1

1. Defendants are entities domiciled in the People’s Republic of China.

2. Defendants have recently retained the undersigned counsel.

3. The undersigned has not had time and opportunity to adequately investigate the claims 

and allegations raised against the Defendant, including intricate issues under the Lanham Act, as 

well as potentially case-dispositive issues such as lack personal jurisdiction, and improper service 

of process.

4. To adequately conduct a defense, it is also likely that all relevant documents will need to 

be translated from English to Chinese and vice versa, which requires additional time.

1 Defendant does not hereby waive, but rather, expressly reserves the right to assert all defenses 

available to her in accordance with Fed. R. Civ. P. 12(b), including, inter alia, lack of personal 

jurisdiction, improper venue, and insufficient service of process. 

Case: 1:20-cv-02876 Document #: 54 Filed: 07/16/20 Page 1 of 3 PageID #:2432
5. Tom J Juettner, counsel for the Plaintiff, has indicated that the Plaintiff has consented to 

this extension request. “Our cases articulate a policy of favoring trial on the merits over default 

judgment.” Cracco v. Vitran Exp., Inc., 559 F.3d 625, 631 (7th Cir. 2009) (affirming, inter alia, 

this Court’s decision to vacate an order of default). Otherwise, they “would not comport with the 

‘just, speedy, and inexpensive determination of every action and proceeding.’” Grady v. Ocwen 

Loan Servicing, LLC, 11-CV-1531, 2014 WL 231952, at *4 (N.D. Ill. Jan. 21, 2014) (citing 

Snyder v. Barry Realty, Inc., 60 Fed. Appx. 613, 614 (7th Cir. 2003) (noting that “the law prefers 

that cases be resolved on their merits”)) (quoting in part FED. R. CIV. P. 1).

6. For the above reasons, with Plaintiff’s consent, Defendants respectfully request an 

extension of time up to and including Aug 15, 2020 to respond to the Plaintiff’s complaint.

Date: 07/16/2020

Respectfully Submitted: 

/s/ TAO LIU

Tao Liu, Esq.

Wei Yang, Esq.

He Cheng, Esq.

Whitewood Law PLLC

57 West 57th Street

3rd and 4th Floors

New York, NY, 10019

Attorneys for Defendants

Case: 1:20-cv-02876 Document #: 54 Filed: 07/16/20 Page 2 of 3 PageID #:2433
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this July 16, 2020, I electronically filed the foregoing with 

the Clerk of Court using the CM/ECF system, and service was perfected on all counsel of record 

and interested parties through this system, which will deliver a true and correct copy of the 

foregoing documents via CM/ECF..

Date: 07/16/2020 /s/ TAO LIU

Tao Liu, Esq.

Wei Yang, Esq.

He Cheng, Esq.

Whitewood Law PLLC

57 West 57th Street

3rd and 4th Floors

New York, NY, 10019

Attorneys for Defendants

Case: 1:20-cv-02876 Document #: 54 Filed: 07/16/20 Page 3 of 3 PageID #:2434