Case'1:00-cv-03461 Joe ~T~ 06/08/2000 Pciyu 1 uf 15-

w
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
JUDGE G0TTSCHALL
SAVE A LIFE FOUNDATION, INC

Plaintiff, j 00 c 846 X
) Case No.
V
) Judge
MATTEL, INC.
FISHER-PRICE, INC. } MAGISTRATE JUDGE LEVIN ~

Defendants.

COMPLAINT IB)
ftftllKt* 8" :: S
COUNT I
juHiaam "< CH

The Parties

1. Plaintiff, SAVE A LIFE FOUNDATION, INC. (hereinafter "SALF") is an

Illinois not-for-profit corporation having its principal place of business at 4825

North Scott Street, Suite 74-A, Schiller Park, Illinois 60176.

2. The Defendant, MATTEL, INC. (hereinafter "MATTEL"), is, upon

information and belief, a corporation of the State of Delaware having its principal

place of business at 333 Continental Boulevard, El Segundo, California 90245.

3. The Defendant, FISHER-PRICE, INC. (hereinafter "FISHER-PRICE"),

is, upon information and belief, a corporation of the State of Delaware and a

division of MATTEL. Upon information and belief, FISHER-PRICE has its principal

place of business at 636 Girard Avenue, East Aurora, New York 14052.
-
Case" t61 Document I Filed 06/08/2000—Pyye 2 ot~r5

Jurisdiction

4. Count I is for federal trademark infringement. Federal jurisdiction

arises under 15 U.S.C. (the Lanham Act) §§1051 et seq. Jurisdiction is conferred

on this Court by 15 U.S.C. §1121, 28 U.S.C. §§ 1332 and 1338(a).

5. Count II is for federal trademark dilution. Federal jurisdiction arises

under the Lanham Act, 15 U.S.C. §1121, and 28 U.S.C. §§ 1331 and 1338(a).

6. Count III is for federal unfair competition. Federal jurisdication arises

under the Lanham Act, 15 U.S.C. §1121, and 28 U.S.C. §§ 1331 and 1338(a).

7. Count IV is for trademark dilution and arises under Illinois law set

forth at 765 ILCS 1036/65. Jurisdiction is conferred on this Court by 28 U.S.C.

§1332 in that both defendants are citizens of states different from that in which

the plaintiff is a citizen and the amount in controversy exceeds $75,000.

Jurisdiction is also conferred on this Court by 280 U.S.C. §§1338(b) and 1367(a)

in that said charges are joined with a substantial and related claim under the

Lanham Act (15 U.S.C. §§1051 et seq.).

8. Count V is for deceptive trade practices and arises under the Illinois

law of deceptive trade practices which is set forth at 815 ILCS 5 1 0 / 1 et seq.

Jurisdiction is conferred on this court by 28 U.S.C. §§1332, 1338(b) and 1367(a).

9. Count VI is for common law unfair competition. Jurisdiction is

conferred on this Court under 28 U.S.C. §§ 1338(b) and 1367(a) in that said

charges are joined with a substantial and related claim under the Lanham Act (15

U.S.C. §§1051 etseq.).

2
 \Q\ DucuiilBMl I Filed 06/08/2000 Page 3 Of 15

Venue

10. Venue is proper in this District in accordance with the requirements

of 28 U.S.C. §§1391(b) and 1391(c). The Defendant organizations reside within

a n d / o r do business within the jurisdiction of this Court.

Background Facts

11. On Labor Day 1992, a young woman named Christina Jean Spizzirri

was involved in a fatal automobile accident. Young Ms. Spizzirri died as a result

of her injuries in that accident. The fact that no one on the scene had been

trained in basic first aid techniques very likely contributed to her death. As a

result of this tragedy, Christina's mother, Carol J. Spizzirri, founded the SAVE A

LIFE FOUNDATION to help teach basic first aid techniques to police and fire

departments, public servants, school children and members of the general public.

12. Since its inception, SALF has been instrumental in the training of

thousands of people and in the passage of state and national legislation designed

to promote training of police and emergency personnel. SALF has received much

national recognition and numerous awards for its various programs around the

United States. Today, SALF offers programs and training in the area of basic first

aid techniques to a wide number of organizations and groups in the United States.

Since 1998, SALF has trained tens of thousands of Chicago-area students in first

aid, rescue breathing and cardio pulmonary resuscitation.

3
 Case ' t61 Ducumenl I Filed 06/08/2000—Page 4 uT 15

Count I
Trademark Infringement

13. In or about late 1993, Carol Spizzirri began using and depicting a

mascot for SALF. The mascot is a cat with human characteristics wearing a

medical uniform and carrying a stethoscope. The mascot was given the name

"PERRY MEDIC." (See Exhibit A) Instructors of SALF frequently wear a PERRY

MEDIC costume when presenting programs to children and are identified as "Perry

Medic." The PERRY MEDIC trademark (both the word mark and the design

element) appears on many of SALF's promotional materials. Since 1993, SALF

has used the PERRY MEDIC mascot continuously and prominently as a trademark

and as a source identifier for SALF products and services. SALF has applied to

register PERRY MEDIC as a trademark with the U.S. Patent and Trademark Office.

14. The PERRY MEDIC trademark is recognized among members of the

consuming public as a proprietary designation identifying SALF as the source of

the products and services offered by SALF.

15. In or about 1995, SALF contacted MATTEL to ask if MATTEL would

be interested in participating in a joint lifesaving campaign with SALF and the

television show "Baywatch." David Hasselhoff, the producer of "Baywatch" and

SALF's honorary chairman, had suggested that such a joint campaign might be

advantageous to the parties. MATTEL was advised that SALF's mascot was a cat

with human characteristics wearing a medical uniform, carrying a stethoscope

and that his name was "Perry Medic." MATTEL, however, declined to be involved

4
 t&1—Documenl I Filed 06/08/2000 Page 5 of 15

in a relationship or project with SALF. There has been no contact between SALF

and MATTEL since that time until the communication referenced in paragraph 18

herein.

16. In or about August 1999, SALF learned that FISHER-PRICE had

begun advertising a "Rescue Hero" figure named "Perry Medic." This figure had

human characteristics, wore a medical uniform and was carrying a stethoscope.

(See Exhibit B) The PERRY MEDIC word trademark now used by FISHER-PRICE,

a division of MATTEL, is identical to the PERRY MEDIC word trademark of SALF.

The figure which is depicted with the Defendants' word mark bear many

similarities to the PERRY MEDIC trademark of SALF and is likely to cause

confusion, to cause mistake and to deceive.

17. The Defendants have adopted the PERRY MEDIC trademark of SALF

as their own. They have used the PERRY MEDIC trademark without the authority

or consent of SALF and in violation of SALF's trademark. Given that MATTEL was

clearly aware of SALF's use of the PERRY MEDIC trademark, this reproduction is

a willful violation of SALF's trademark to SALF's irreparable damage in violation

of 15 U.S.C. §1125(a).

18. On September 9, 1999, attorneys for SALF wrote a letter to MATTEL

asking that MATTEL cease and desist from using the PERRY MEDIC trademark

in connection with their rescue hero figure "Perry Medic." MATTEL has refused

to cease and desist from using the trademark PERRY MEDIC to identify their

rescue hero figure.

5
 Case ' t61—Document I Filed 06/08/2000 Page 6 of 15

19. The Defendants' infringing activities in copying, selling, marketing and

distributing a product bearing SALF's PERRY MEDIC trademark have been carried

out without permission or license from SALF to SALF's irreparable damage.

20. The Defendants' aforesaid infringing activities have caused, and

threaten to cause, great and irreparable harm and damage to SALF by diverting

revenue from SALF which SALF would otherwise obtain through the licensing,

sale, leasing or production of the PERRY MEDIC trademark.

21. Defendants' continued flagrant infringement of SALF's trademark

constitutes a willful trademark infringement which has caused and continues to

cause great and irreparable harm to SALF.

Count II
Federal Trademark Dilution

22. Plaintiff re-alleges the allegations in paragraphs 1-21 and makes them

a part hereof.

23. SALF's trademark is a distinctive and famous mark. The PERRY

MEDIC word mark is inherently strong and distinctive, has been used for nearly

seven years in connection with the goods and services offered by SALF, h a s long

been the subject of substantial advertising and promotion, has long been used

and advertised throughout the United States, is widely recognized by members of

the consuming public, is in substantially exclusive use and is the subject of a

federal trademark application. The Defendants began marketing their "Perry

Medic" rescue hero figure after SALF's mark had become distinctive and famous.

6
 Case ' t&1 Ducumenl I Filed 06/08/2000 Page 7 of 15

24. Defendants have made commercial use of a mark owned by SALF in

United States interstate commerce. Defendants' acts have caused dilution of the

distinctive quality of SALF's famous mark PERRY MEDIC to the irreparable injury

to and damage of SALF in violation of 15 U.S.C. §1125(c).

25. Defendants' acts have lessened the capacity of SALF's famous mark

to identify and distinguish the goods and services of SALF. Defendants' acts have

blurred the unique association which has heretofore existed between SALF's

PERRY MEDIC mark and goods and services offered by SALF.

26. Defendants committed these acts wilfully and with the intent to trade

on the reputation of SALF and to cause dilution of SALF's famous mark.

COUNT III
Federal Unfair Competition

27. Plaintiff re-alleges the allegations in paragraphs 1-26 and makes them

a part hereof.

28. Defendants' aforesaid infringing activities, including the use of the

trademark PERRY MEDIC, constitute unfair competition, unfair trade practices

and false designation of origin and have caused and threaten to cause, great and

irreparable harm to SALF through confusion, mistake or deception and by

denigrating and harming the name of SALF in violation of title 15 U.S.C. §1125(a).

The Defendants' activities have caused damage to the Plaintiff and these activities

are likely to continue to cause damage to the Plaintiff. There is a likelihood that

7
 Case 1:00-cv-03461 Document 1 Filed 06/08/2006—Page 8 of 15

members of the consuming public who see the Defendants' PERRY MEDIC product

will be confused as to the source, origin and/or sponsorship of that product.

Count IV
Illinois Trademark Dilution

29. Plaintiff re-alleges the allegations in paragraphs 1-28 and makes them
a part hereof.

30. Defendants willfully intended to trade on SALF's reputation and to

cause dilution of SALF's famous mark PERRY MEDIC and Defendants' aforesaid

activities have diluted the distinctive quality of SALF's mark to the irreparable

damage of SALF in violation of 765 ILCS 1036/90.

Count V
Illinois Deceptive Trade Practices

31. Plaintiff re-alleges the allegations in paragraphs 1-30 and makes them

a part hereof.

32. Defendants' aforesaid infringing activities constitute unfair

competition, unfair and deceptive trade practices and false designation of origin

under the laws of the State of Illinois and have caused and have threatened to

cause, great and irreparable harm to SALF in violation of 815 ILCS 5 1 0 / 1 et seq.

COUNT VI
Common Law Unfair Competition

33. Plaintiff re-alleges the allegations in paragraphs 1-32 and makes them
a part hereof.

8
 Case 1:00-cv-03461 Document"1 Filed 06/08/2000—Page 9 of"15

34. Defendants' aforesaid infringing activities constitute unfair

competition and infringement of SALF's common law rights in its mark PERRY

MEDIC.

WHEREFORE, the Plaintiff demands:

1. That this Court grant an injunction both preliminarily pendente lite

and permanently, according to the principles of equity and upon such terms as

the Court may deem reasonable, to prevent the violation of any right of the

Plaintiff to its trademark PERRY MEDIC.

2. That Defendants, their agents and servants, successors and assigns

be preliminarily and permanently enjoined from infringing Plaintiffs mark in any

manner on or in connection with any of Defendants' products.

3. That Defendants be required to pay to Plaintiff such damages as

Plaintiff has sustained as a consequence of Defendants' infringement of said

common law trademark in violation of Plaintiffs rights and to account for (a) all

gains, profits and advantages derived by Defendants by said violations; (b) all

gains, profits and advantages derived by Defendants from their infringement; (c)

compensatory damages and awards to be enhanced, not to exceed three times the

amount pursuant to 15 U.S.C. §1117 and/or 765 ILCS 1036/70; and (d) punitive

damages for deterrent purposes in view of the willful and wanton violation of

Plaintiffs rights.

4. That an injunction issued by this Court include a provision directing

the Defendants to file with the Court and serve on Plaintiff within thirty (30) days

9
 GQOG 1 I O O U V - 0 3 4 0 1 DuuJllimil 1 Filed 06/08/2000 Page 10 of 15

after the service of the Defendants of such injunction, or such extended period as

the Court may direct, a report in writing under oath setting forth in detail the

manner and form in which the Defendants have complied with the injunction.

5. That this Court grant an Order ordering that all catalogs, labels,

signs, prints, packages, wrappers, receptacles and advertisements in the

possession of the Defendants bearing the trademark PERRY MEDIC or any marks

confusingly similar thereto, and any reproduction, counterfeit, copy or colorable

imitation thereof, and all plates, molds, matrices, and other means of making the

same be delivered up and destroyed.

6. That in view of the willful infringement that this Court find that this

is an exceptional case under 15 U.S.C. §1117 et seq. a n d / o r 765 ILCS 1036/70

a n d / o r 815 ILCS 5 1 0 / 3 and award reasonable attorney's fees to Plaintiff and

appropriate findings in support of such an award.

nPinand Under Pule 38 FRCP

Plaintiff requests a jury in this cause.

Respectfully submitted,

k- • F 7X_
Kevin Bry /
Eversharp Bldg., Suite 201
9240 W. Belmont Ave.
Franklin Park, Illinois 60131
847.233.9500

10
Case 1:00-cv-03461 Document 1 Filed 06/08/2000—Page 11 of 15

Robert M. Motta
LAVELLE, MOTTA, KLOPFENSTEIN
& SALETTA, LTD.
Eversharp Bldg., Suite 200
9240 W. Belmont Ave.
Franklin Park, Illinois 60131
847.233.9400

Attorneys for Plaintiff

Of Counsel:
Scott W. Petersen
George C. Summerfield
HILL & SIMPSON, P.C.
85th Floor Sears Tower
Chicago, Illinois 60606
312.876.0200

11
 Case 1:00-cv-03461 Document I 06/08/2000 Page~1"2 uT 15"

APPLICANT'S NAME: Save A Life Foundation, Inc

APPLICANT'S ADDRESS: 4825 N Scott Suite 74A

Schiller Park, Illinois 60176

GOODS: Games and playthings, decorations;

instructional and teaching materials, paper
cardboard and goods madefromthese
materials.

FIRST USE: Intent to use application

FIRST USE IN COMMMERCE: Intent to use application

DESIGN: Feline

EXHIBIT
 Case 1:00-cv-03461 Documents Filed 06/08/2000 Page 13 of 15
1
eToys: Rescue Heroes M Crew: Perry Medic Physician Page 1 of 1

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In Stock eToys Price: $8.99 Physician is on the scene. His special "metal" rescue pliers
odd to cart
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Save to_Wja!i_Ljsl safety. So if somebody's hurt, open wide and holler for a
Medic! The stretcher that attaches to the Quick Response
Helicopter is sold separately. Perry measures
approximately 6.5".
Also See: "~~
• Rescue Heroes - Toys
• Preschool Action Figures
• Fisher-Price - Rescue Heroes

fi Gift wrapping available at checkout.

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EXHIBIT

"B
http: //www. etoys. com/toy/g/prod uct/101/05/16/1. shtml 3/20/00
 Case .uu-ovv Document 1 V Page 14 of 15
JS44
{Rev. 12/96)
Ctf^y CIVIL COVER SHfccT
The JS-44 civil cover sheet ^dJheJnterrTiatiori contained herein neither replace nor supplement the filing and service of pleadings or other papers as require
by law except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the us
of the Clerk of Court for the purpose of initiating the civil docket sheet. {SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

1. (a) PLAINTIFFS E DEFENDANTS

Save A Life foundation
JUDGE GOTTSCHAI !° ittel, I n c . and Fisher-Price, Inc.

MAGISTRATE JUDGE LEVIN

{t)) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Cook COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT _

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY):.:

NOTE: IN L A N D C O N D E M N A T I O N C A S E S , USE THE L O C A T I O N O F T H E
TRACT OF LAND INVOLVED. y> c

GO .
(C) ATTORNEYS (FIRM NAME. ADDRESS. AND TELEPHONE NUMBER) ATTORNEYS (JF KNOWN]
LaVelle, lYbtta, Klopfenstein & S a l e t t a , ■LtH.
Everharp Building, Suite 200
Franklin Park, IL 60131 O0C 3461 >.
O
-se­
J

II. BASIS OF JURISDICTION
D 1 U.S. Government
Plaintiff
(PLACE AN -X IN ONE BOX ONLY) ll). CITIZENSHIP OF PRINCIPAL PARTIES^LACEAN-X* IN ONE BOX FOR PLAIN
(For Diversity Cases Only) ANDONEBOXFOR DEFENDANT)
PTF DEF PTF DE
B-3 Federal Question \i CjtJzen of This State BJ i □ 1 Incorporated or Principal Place B « a*
(U.S. Government Not a Party) '■"* of Business In This State

D 4 Diversity ,, [Another State D2 ft 2 Incorporated and Principal Place D s Bs

D 2 U.S. Government
Defendant {Indicate Citizenship of Parties j( M IWfiS" of Business In Another State
in Item III) Citizen or Subject of a o 3 D3 Foreign Nation D6 D6
Foreign Country
(PLACE AN TIN ONE BOX ONLY) Appeal to Dislrk
IV. ORIGIN Transferred from . ■.' Judge from
□ 3 Remanded from D 4 Reinstated or D S another district D e Multidistnct D r Magistrate
Bf 1 Original n a Removed from Judgment
Proceeding State Court Appellate Court Reopened (specify) Litigation

V. NATURE OF SUIT (PLACE AN "X" IN ONE BOX ONLY)

CONTRACT TORTS
PERSONAL INJURY
D 110 Insurance
O 120 Marine D 310 Airplane
D 130 Miller Act □ 315 Airplane Product
D 1*0 Negotiable Instrument Uablllty
□ ISO Recovery or Overpayment D 320 Assault. Lltwl &
Slander
& Enforcement err Judgment
D 330 Federal Employers'
□ 151 Medicare A d
Liability
D 152 Recovery o( Defaulted
Student Loans D 340 Marine
lExci Veterans) D 345 Marine ProOuct
D 153 Recovery of Overpayment Liability
D 350 Motor venlele
D 160 Steckholders'Sute D 355 Motor Vehicle
D t H Other Contiaci Product Liability
□ 195 Contract Product Liability D 360 Other Personal Injury
REAL PROPERTY CIVIL RIGHTS
D 210 Land Condemnation O 441 Voting
O 442 Employment
□ 220 Foreclosure
□ 230 Rent Lease & Ejectment Q 443 Housing/
D 2*0 Torts to Land Accommodations
□ 245 Tort Product Liability □ 4*4 Welfare
D 2»0 All Other Real Property n 440 Other CM! Rights
FORFEITURE/PENALTY
PERSONAL INJURY
□ 362 Personal ln|ury -
Mfi
0 Malpracllce
Q 365 Personal in|ury -
f^ua Liability
□ 366 Asbestos Personal
Injury P'O^ci Uablllty
PERSONAL PROPERTY
D 370 Ottier Fraud
D 371 Truth in Lending
D MO Oiher Personal
Property Damage
□ J85 Property Damage
Product Liability
PRISONER PETITIONS
□ 510 Motions 10 Vacate
Sentence
HABEAS CORPUS:
□ 530 General
Q 535 Death Penalty
□ 540 Mandamus & Other
D 550 Civil Rights
O S5S Prison Condition
D 610 Agriculture
D 620 Oiher Food & Drug
n 625 Dtug Related Seizure
0( Property £1 USC 881
D 630 Liquor Laws
□ 640 fl.R fi Truck
D 650 Airline Regs
D 660 Occupational
Safety/Health
□ 690 Other
LABOR
D 710 Fair Labor Standards
Act
D 720 Labor/Mgmt Relations
D 730 Labor/Mgmt Reporting
& Disclosure Act
D 740 Railway Labor Act
D 790 Other Labor Litigation
D 791 Empl. Ret Inc.
Security Act
BANKRUPTCY OTHER STATUTES
D 4 2 2 Appeal 28 USC 158 D 400 State Reapportlonment
□ 410 Antitrust
D 423 Withdrawal Q 430 Banks and Banking
28 USC 157 D 450 Commerce/tCC Rates/etc
□ 460 Deportation
PROPERTY RIGHTS □ 470 Racketeer Influenced and
Corrupt Organizations
D 620 Copyrights
D 610 Selective Service
D 630 Patent
0 1 M 0 Trademark D 850 Securities/Commodities/
Exchange
SOCIAL. SECURITY 12 USC 3410
D 691 Agricultural Ads
D 861 HIA (1395ft) D 692 Economic Stabilization Act
D 662 Black Lung (923| □ 893 Environmental Matters
D 663 DIWC/DIWW (406(g)) D 894 Energy Allocation A d
D 864 SSID Title XVI D 895 Freedom 0!
D 665 RSI (405(g))
D 900 Appeal of Fee Determlnalior
Under Equal Access to Just*
FEDERAL TAX SUITS
D 950 Constitutionality of
□ 670 Taxes (U.S. Plaintiff State statutes
or Defendant) D 890 Other statutory Actions
□ * 7 1 IRS - Third Party
26 USC 7609

VI CAUSE O F A C T I O N (crrE THE u s CIVIL STATUTE UNDER WHICH YOU ARE FIUNG AND WRITE BHIEF STATEMENT OF CAUSE.
*'* ** DO NOT CITE JURISDICTION STATUTES UNLESS OVERSfTY.)

DEMAND $ CHECK YES only if demanded in complainl

VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION JURY DEMAND: *YES °m
COMPLAINT D UNDER RR.C.R 23
VIII. This case |$3 is not a refiling of a previously dismissed action.
□ is a refiling of case number , previously dismissed by Judge.

SIGNATURE OF ATTORNEY OF RECORD

DATE

*/?/<*>
UNITED STATES DISTRICT COURT
 Case 1:00-cv-03461 Document 1 06/08/2000—Page 15 of 1G

— UNITED STATES DISTRICWOURT

NORTHERN DISTRICT OF ILLINOIS
In the Matter of JUDGE GOTTSCHALL
Save A Life Foundation, Inc.
Plaintiff MAGISTRATE JUDGE LEVIN
-vs-
Mattel, Inc. and f\ 4\ jTi Case Number:
Fisher-Price, Inc. f | f | f
A nr.r- * ™ Defendants. -■ ■ ,
APPEARANCES ARE HEREBY FILED BY THE UNDERSIGNED AS ATTORNEY(S) FJDR: !'
Save A Life Foundation, P l a i n t i f f

FiRM t;
FIRM ;;"■.( ' 7JW
LaVell^ Motta, Klopfenstein & S a l e t t a , Ltd.
STREET ADDRESS
STREET ADDRESS * '
9240 W. Belmont A v e . , S u i t e 200
CITY/STATE/ZIP
9240 W. Belmont Ave., Suite 201
CITY/STATE/ZIP
F r a n k l i n Park, IL 60131
TELEPHONE NUMBER
Franklin Park, IL 60131
TELEPHONE NUMBER
847.233.9400 847.233.9500
IDENTIFICATION NUMBER <SEE ITEM 4 ON REVERSE)
IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR?

YES gj- NO
□ MEMBER OF TRIAL BAR?
□ "O H
TRIAL ATTORNEY? YES gf~ NO □ TRIAL ATTORNEY?
H NO □
DESIGNATED AS LOCAL COUNSEL?
□ NO Q

(C)
SIGNATURE
(D)
SIGNATURE

NAME
NAME

FIRM

STREET ADDRESS
STREET ADDRESS

CITY/STATE/ZIP
CITY/STATE/ZIP

TELEPHONE NUMBER
TELEPHONE NUMBER

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

IDENTIFICATION NUMBER (SEE ITEM 4 ON REVERSE)

MEMBER OF TRIAL BAR? YES □ NO Q MEMBER OF TRIAL BAR?

□ NO □
TRIAL ATTORNEY?
YES £2 NO
□ TRIAL ATTORNEY?
□ NO Q
DESIGNATED AS LOCAL COUNSEL? YES [] NO Q DESIGNATED AS LOCAL COUNSEL?
DIVIDER
 "Duujiiieill 19 72001 Page 1 of 3
Mimilc Order Form (06/97)

United States District Court, Northern District of Illinois

Sitting Judge if Other

Name of Assigned Judge Joan B. Gottschall than Assigned Judge
or Magistrate Judge

CASE NUMBER 00 C 3461 DATE 5/23/2001

CASE Save A Life Foundation Inc. vs. Mattel, Inc., et al

TITLE
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the
nature of the motion being presented.]
MOTION:

DOCKET ENTRY:
Filed motion of [ use listing in "Motion" box above.]
(1) □
Brief in support of motion due .
(2) □
Answer brief to motion due . Reply to answer brief due_
(3) □
Ruling/Hearing on set for at
(4) D
Status hearing[held/continued to] [set for/re-set for] on set for at
(5) D
Pretrial conference[held/continued to] [set for/re-set for] on, set for at
(6) □
(7) Trial [set for/re-set for] on at .

(8) □ [Bench/Jury trial] [Hearing] held/continued to at .

(9) D This case is dismissed [with/without] prejudice and without costs [by/agreement/pursuant to]
rJFRCP4(m) □ General Rule 21 □ FRCP41(a)(1) DFRCP41(a)(2).

(10)
■ [Other docket entry] Enter Agreed Order of Dismissal. This cause of action is dismissed with
prejudice with each party to bear its own costs. This Order shall be final upon entry and no party shall
have any right to move to vacate or reconsider this Order or to appeal therefrom.

[For further detail see order attached to the original minute order.]
(11)
No notices required, advised in open court.

No notices required.

Notices mailed by judge's staff.

Notified counsel by telephone.

/ Docketing to mail notices.

Mail AO 450 form. ^

Copy to judge/magistrate judge.

courtroom
)IJUN-U- PM 12=32
RJ deputy's
initials
Date/time received in
central Clerk's Office
 ^3doo-1:( "t9" 72001 Page 2 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

SAVE A LIFE FOUNDATION, INC.,

Plaintiff,
Case No. 00C 3461
v.
Judge Gottschal *<tyr
MATTEL, INC.
FISHER-PRICE, INC. Magistrate Judge Levin

Defendants.
AGREED ORDER OF DISMISSAL

SAVE A LIFE FOUNDATION, INC., MATTEL, INC. and FISHER-PRICE,

INC. having entered into a Settlement Agreement, a copy of which is filed

herewith, now hereby stipulate that the Court may enter the following Order.

ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED

AS FOLLOWS:
1. This Court shall maintain continuing subject matter and in

personam jurisdiction for the purposes of insuring enforcement of the terms of

the Settlement Agreement entered into between the parties.

2. This cause of action is dismissed with prejudice with each party to

bear its own cost.

a
 s yCase 1:00-cv-03461 Document 19 Filed 05/23/2001 PiUyu 3 of 3—

3. This Order shall be final upon entry and no party shall have any

right to move to vacate or reconsider this Order or to appeal therefrom.

ENTERED this ^ 5 day of , 2001.

Date: tMAY 2 3 2001

Srable Judge Gottschall

fited States District Court For the
Northern District of Illinois
Eastern Division

APPROVED: APPROVED:

Scott W. Petersen AJdhn Filosa

HOLLAND 85 KNIGHT LLP faker 8s McKenzie
500 West Monroe St., Suite 800 One Prudential Plaza
Chicago, IL 60603 ' 130 East Randolph Drive
312.578.6689 Chicago, IL 60601
312.578.6666 Fax
Of Counsel Attorneys for Plaintiff Attorneys for Defendants
Robert M. Motta
Lavelle, Motta, Klopfenstein
85 Saletta, Ltd.
Eversharp Bldg., Suite 200
9240 W. Belmont Ave.
Franklin Park, Illinois 60131
847.233.9400
Kevin Bry
Lavelle, Motta, Klopfenstein
8B Saletta, Ltd.
Eversharp Bldg., Suite 201
9240 W. Belmont Ave.
Franklin Park, Illinois 60131
847.233.9500
Attorneys for the Plaintiff