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Case number 1:22-cv-01434

Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents

Date Field Doc. No.Description (Pages)
Feb 15, 2023 77 CONSENT JUDGMENT Signed by the Honorable Steven C. Seeger on 2/15/2023. Mailed notice. (jjr, ) (Entered: 02/15/2023) (4)
Feb 7, 2023 76 MAILED patent report along with certified copy of order dated 2/6/2023 to Patent Trademark Office, Alexandria VA (jg, ) (Entered: 02/07/2023) (10)
Feb 6, 2023 75 MINUTE entry before the Honorable Steven C. Seeger: With great reluctance, the Court grants the motion to approve consent judgment (Dckt. No. 72 ). The Court does so because it will end the case. The Court continues to have significant misgivings, but will enter this consent judgment in the interest of expediency. Consent Judgment to follow. The case is over. Civil case terminated. Mailed notice (jjr, ) (Entered: 02/06/2023) (1)
Feb 3, 2023 74 STATUS Report per 71 by Oakley, Inc. (Christensen, Jake) (Entered: 02/03/2023) (3)
Feb 3, 2023 73 MEMORANDUM by Oakley, Inc. in support of motion to approve consent judgment 72 (Gaudio, Justin) (Entered: 02/03/2023) (7)
Feb 3, 2023 72 MOTION by Plaintiff Oakley, Inc. to approve consent judgment (Gaudio, Justin) (Entered: 02/03/2023) (3)
Jan 23, 2023 71 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the status report. (Dckt. No. 69 ) Counsel will have the Rule 26(f) conference this week. The joint initial status report is due by February 3, 2023. Mailed notice (jjr, ) (Entered: 01/23/2023) (1)
Jan 23, 2023 70 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of a consent judgment (Dckt. No. 67 ) is hereby denied without prejudice. Plaintiff asks this Court to enter a consent judgment involving one, and only one, defendant: shenzhenshimeihuidawangluokejiyouxiangongsi (Defendant 38). Basically, the parties agreed to settle for $15,000, and they want this Court to enter judgment. In an ordinary case, this Court might consider entering a consent judgment, even though it is not necessary to dismiss a case. The parties could simply file a notice of dismissal or a stipulation of dismissal under Rule 41. But this case is not an ordinary case. It is a Schedule A case. Plaintiff Oakley has filed suit against 40 defendants. And in the past few years alone, Oakley has filed many cases in this district, likely in the dozens. If Plaintiff's counsel got in the habit of filing for entry of a consent judgment, every time they settle with a Schedule A defendant, the wheels would come off the operation. Torrential filings would rain down on the courthouse. So, Plaintiff must come forward with a good reason, meaning a better reason than the one that they have currently offered, if they want this Court to enter a consent judgment. Schedule A cases impose extraordinary burdens, so counsel must make every effort to minimize those burdens on the judiciary. And so far, they haven't. Mailed notice (jjr, ) (Entered: 01/23/2023) (2)
Jan 20, 2023 69 STATUS Report per 66 by Oakley, Inc. (Christensen, Jake) (Entered: 01/20/2023) (3)
Jan 20, 2023 68 MEMORANDUM by Oakley, Inc. in support of motion to approve consent judgment 67 (Gaudio, Justin) (Entered: 01/20/2023) (6)
Jan 20, 2023 67 MOTION by Plaintiff Oakley, Inc. to approve consent judgment as to Defendant shenzhenshimeihuidawangluokejiyouxiangongsi (Def. No. 38) (Gaudio, Justin) (Entered: 01/20/2023) (3)
Jan 17, 2023 66 MINUTE entry before the Honorable Steven C. Seeger: Defendants' motion to vacate the entry of default (Dckt. No. 64 ) is hereby granted. As Defendants rightly point out, this Court jumped the gun by entering default against Defendants 33, 34, 35, 36, 37, and 38 on January 10, 2023. After taking another look at the docket, this Court now sees that Defendants 33, 34, 35, 36, and 37 filed an answer on December 22, 2022. (Dckt. No. 54 ) So they aren't late after all. But Defendant 38 is late. So, the Court vacates the entry of default against Defendants 33, 34, 35, 36, and 37, but not 38. Plaintiff's counsel must file a status report about the remaining defendants by January 20, 2023. Mailed notice (jjr, ) (Entered: 01/17/2023) (1)
Jan 13, 2023 64 MOTION by Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.) to vacate Entry of Default Under Rule 55(a) (Pittaway, Lydia) (Entered: 01/13/2023) (4)
Jan 12, 2023 65 CITATION to Discover Assets issued as to Walmart; Amazon; ebay; PayPal Holdings. (Third Party) (No notice filed). (jn, ) (Entered: 01/13/2023) (1)
Jan 10, 2023 63 PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice. (jjr, ) (Entered: 01/10/2023) (5)
Jan 10, 2023 62 FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 1/10/2023. Mailed notice. (jjr, ) (Entered: 01/10/2023) (7)
Jan 10, 2023 61 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment against certain defendants (Dckt. No. 48 ) is hereby granted. The answers are long overdue. The Court enters final judgment against all remaining Defendants except Defendants 33, 34, 35, 36, 37, and 38. Final Judgment Order to follow. Permanent Injunction Order to follow. The motion for a preliminary injunction (Dckt. No. 33 ) is hereby denied as moot. (Maybe it is not technically moot for the six remaining defendants. Even so, a motion for a default judgment or a settlement seems imminent, so the Court denies it in the exercise of its discretion.) Mailed notice (jjr, ) (Entered: 01/10/2023) (1)
Jan 10, 2023 60 MINUTE entry before the Honorable Steven C. Seeger: On January 4, 2023, this Court issued an Order granting, for the third time, an extension of time for Defendants 33, 34, 35, 36, 37, and 38 to answer the complaint. (Dckt. No. 57 ) This Court set a deadline of January 5, 2023. That deadline has come and gone, and the defendants did not answer. Plaintiff did reach a settlement in principle with Defendant 38 (Dckt. No. 59 ), but even so, that Defendant missed the deadline, too. The Court hereby enters default against Defendants 33, 34, 35, 36, 37, and 38 under Rule 55(a). The deadline is the Court's deadline, and parties must respect it. Plaintiff must proceed with alacrity to bring this case to a close, through a motion for default judgment or a notice of dismissal. Mailed notice (jjr, ) (Entered: 01/10/2023) (1)
Jan 5, 2023 59 STATUS Report per 58 by Oakley, Inc. (Christensen, Jake) (Entered: 01/05/2023) (3)
Jan 4, 2023 58 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's counsel filed a status report, letting the Court know that Plaintiff has reached a settlement in principle with shenzhenshimeihuidawangluokejiyouxiangongsi. (Dckt. No. 56 ) This Court does not know which Defendant that is. Plaintiff's counsel later added that Plaintiff has settled with Defendants Qingtian Diaocheng Trading Co., Ltd., Shanghai Leiyuan Energy Technology Co., Ltd., Shenzhen Ruimiaoqian Network Technology Co.,Ltd., Shenzhen Weitian Industrial Co., Ltd., and Shenzhen Xiaoyanzifei Network Technology Co., Ltd. The same issue applies to that sentence, too. This Court will not take the time to look, because Plaintiff's counsel did not take the time to tell the Court. Plaintiff's counsel must file an updated status report by January 6, 2023. Mailed notice (jjr, ) (Entered: 01/04/2023) (1)
Jan 4, 2023 57 MINUTE entry before the Honorable Steven C. Seeger: The third motion for an extension of time to file an answer by Defendants 33, 34, 35, 36, 37, and 38 (Dckt. No. 52 ) is hereby granted in part as follows. The Court grants leave to those Defendants (and only those Defendants) to file an answer by January 5, 2023. All of those Defendants (except Defendant 38) later did so on December 22, 2022. (Dckt. No. 54 ) The request for expedited discovery is denied. Mailed notice (jjr, ) (Entered: 01/04/2023) (1)
Jan 3, 2023 56 STATUS Report per 51 by Oakley, Inc. (Christensen, Jake) (Entered: 01/03/2023) (3)
Dec 29, 2022 55 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 Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022) (1)
Dec 22, 2022 53 ATTORNEY Appearance for Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.) by Larry Ford Banister, II (Banister, Larry) (Entered: 12/22/2022) (1)
Dec 22, 2022 54 ANSWER to Complaint by 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.)(Banister, Larry) (Entered: 12/22/2022) (10)
Dec 21, 2022 52 MOTION by Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) for extension of time to file answer and Limited Expedited Discovery (opposed) (Attachments: # 1 Exhibit Docket, # 2 Exhibit Complaint, # 3 Exhibit Civil Cover Sheet, # 4 Errata Unreported Case)(Pittaway, Lydia) (Entered: 12/21/2022) (0)
Dec 20, 2022 51 MINUTE entry before the Honorable Steven C. Seeger: By January 3, 2023, Plaintiff must file a status report about settlement discussions with the "certain defendants" who are not covered by the motion for default judgment. The Court directs the parties to have expedited, energetic settlement discussions. Mailed notice. (jjr, ) (Entered: 12/20/2022) (1)
Dec 19, 2022 50 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 49 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 12/19/2022) (0)
Dec 19, 2022 49 MEMORANDUM by Oakley, Inc. in support of motion for default judgment 48 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 12/19/2022) (0)
Dec 19, 2022 48 MOTION by Plaintiff Oakley, Inc. for default judgment as to Certain Defendants (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 12/19/2022) (0)
Dec 13, 2022 47 CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding order on motion for extension of time,,,, order on motion for entry of default,,,, order on motion for default judgment,,,, text entry,,, 46 (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 12/13/2022) (0)
Dec 12, 2022 46 MINUTE entry before the Honorable Steven C. Seeger: The motion for more time filed by certain defendants (#33, 34, 34, 36, 37, and 38) is hereby granted. For those defendants (only), the response to the complaint is due by December 22, 2022. This motion is the second request for an extension. The parties cannot expect the same answer if there is a third. Plaintiff's motion for entry of default (Dckt. No. 43 ) is hereby granted. The responses to the complaint are late. The Court enters default under Rule 55(a) against all remaining defendants, except the defendants identified in this order. A motion for default judgment is due by December 19, 2022. A response is due by January 5, 2023. Defendants must file a motion if they seek a hearing. Plaintiff must serve a copy of this Order and file a certificate of service. Mailed notice. (jjr, ) (Entered: 12/12/2022) (1)
Dec 9, 2022 45 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 44 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 12/09/2022) (0)
Dec 9, 2022 44 MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 43 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 12/09/2022) (0)
Dec 9, 2022 43 MOTION by Plaintiff Oakley, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to Certain Defendants (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 12/09/2022) (0)
Dec 9, 2022 42 NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake) (Entered: 12/09/2022) (1)
Dec 8, 2022 41 MOTION by Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) for extension of time (Unopposed) (Pittaway, Lydia) (Entered: 12/08/2022) (2)
Nov 14, 2022 39 ATTORNEY Appearance for Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) by Charles Edward McElvenny (McElvenny, Charles) (Entered: 11/14/2022) (2)
Nov 14, 2022 40 MINUTE entry before the Honorable Steven C. Seeger: The motion for extension of time to answer filed by certain defendants (and only those defendants) is hereby granted. (Dckt. No. 38 ) The Court grants an extension of time to the movants (only) to respond to the complaint. The response to the complaint is due by December 9, 2022. For all other defendants, the response to the complaint is due by November 14, 2022 as previously ordered. (Dckt. No. 35 ) Mailed notice. (jjr, ) (Entered: 11/14/2022) (1)
Nov 10, 2022 37 ATTORNEY Appearance for Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) by Lydia Pittaway (Pittaway, Lydia) (Entered: 11/10/2022) (2)
Nov 10, 2022 38 MOTION by Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) for extension of time to file answer (Pittaway, Lydia) (Entered: 11/10/2022) (2)
Oct 26, 2022 36 STATUS Report by Oakley, Inc. (Christensen, Jake) (Entered: 10/26/2022) (1)
Oct 24, 2022 35 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/24/2022, answer due 11/14/2022. (Attachments: # 1 Declaration of Thomas J. Juettner, # 2 Exhibit A)(Juettner, Thomas) (Entered: 10/24/2022) (Declaration of Thomas J. Juettner) (2)
Oct 24, 2022 33 MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 10/24/2022) (Main Document) (5)
Oct 24, 2022 34 DECLARATION of Jake M. Christensen regarding motion for preliminary injunction 33 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 10/24/2022) (Main Document) (2)
Oct 24, 2022 35 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/24/2022, answer due 11/14/2022. (Attachments: # 1 Declaration of Thomas J. Juettner, # 2 Exhibit A)(Juettner, Thomas) (Entered: 10/24/2022) (Main Document) (2)
Oct 24, 2022 35 SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/24/2022, answer due 11/14/2022. (Attachments: # 1 Declaration of Thomas J. Juettner, # 2 Exhibit A)(Juettner, Thomas) (Entered: 10/24/2022) (Exhibit A) (3)
Oct 24, 2022 33 MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 10/24/2022) (Exhibit A) (3)
Oct 24, 2022 34 DECLARATION of Jake M. Christensen regarding motion for preliminary injunction 33 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 10/24/2022) (Exhibit 1) (30)
Oct 17, 2022 32 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an extension of time (Dckt. No. 31 ) is hereby granted in part. The Court extends the TRO to October 28, 2022. Mailed notice (jjr, ) (Entered: 10/17/2022) (1)
Oct 13, 2022 31 MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Attachments: # 1 Declaration of Jake M. Christensen)(Christensen, Jake) (Entered: 10/13/2022) (Main Document) (3)
Oct 13, 2022 31 MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Attachments: # 1 Declaration of Jake M. Christensen)(Christensen, Jake) (Entered: 10/13/2022) (Declaration of Jake M. Christensen) (2)
Oct 11, 2022 30 SURETY BOND in the amount of $ 40,000.00 posted by Oakley, Inc. (Document not scanned). (jn, ) (Entered: 10/12/2022) (1)
Oct 11, 2022 29 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for extension of time (Dckt. No. 28 ) is hereby granted. Plaintiff needs time to collect the email addresses for the defendants and then effectuate service of process. The Court directs Plaintiff to effectuate service of process by October 24, 2022, and promptly file a proof of service. A status report is due by October 26, 2022. The Court vacates the other dates, and will reset the remaining dates by separate order. Responses to the complaint are due within the time set by the Federal Rules after service of process. Mailed notice (jjr, ) (Entered: 10/11/2022) (1)
Oct 5, 2022 28 MOTION by Plaintiff Oakley, Inc. for extension of time of Deadlines set in Order 25 , MOTION by Plaintiff Oakley, Inc. for reconsideration regarding order on motion for leave to file,,,,, order on motion for temporary restraining order,,,,, order on motion for miscellaneous relief,,,,, text entry,,,, 25 (Attachments: # 1 Declaration of Amy C. Ziegler)(Ziegler, Amy) (Entered: 10/05/2022) (Declaration of Amy C. Ziegler) (2)
Oct 5, 2022 28 MOTION by Plaintiff Oakley, Inc. for extension of time of Deadlines set in Order 25 , MOTION by Plaintiff Oakley, Inc. for reconsideration regarding order on motion for leave to file,,,,, order on motion for temporary restraining order,,,,, order on motion for miscellaneous relief,,,,, text entry,,,, 25 (Attachments: # 1 Declaration of Amy C. Ziegler)(Ziegler, Amy) (Entered: 10/05/2022) (Main Document) (3)
Oct 4, 2022 25 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. 4 ) is hereby granted. Plaintiff's motion for a temporary restraining order (Dckt. No. 13 ) is hereby granted in part. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Motion for electronic service of process (Dckt. No. 18 ) is hereby granted. Plaintiff must effectuate service of process by October 7, 2022. Responses to the complaint are due by October 21, 2022. Motions for default and default judgment are due by October 24, 2022. Responses are due by October 27, 2022. A failure to comply will lead to dismissal. The Court directs counsel to serve a copy of this Order on Defendants, and file a certificate of service. Mailed notice. (jjr, ) (Entered: 10/04/2022) (1)
Oct 4, 2022 26 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's counsel has gotten into the habit of moving for a temporary restraining order, and then, two weeks later, reflexively filing a motion for a two-week extension of the TRO. Plaintiff's counsel does so as a matter of course, and has gotten too comfortable with that schedule. That bad habit creates extra burden for the Court. It means that this Court has to handle two TRO motions per case. And Plaintiff's counsel has filed hundreds of Schedule A cases in the past two years alone. So, that habit leads to hundreds of extra motions raining down on the federal courthouse, from a single law firm. The Court forewarns Plaintiff's counsel that it is not inclined to grant any extensions, including any extensions of the TRO, so Plaintiff must be prepared to comply. Mailed notice (jjr, ) (Entered: 10/04/2022) (1)
Oct 4, 2022 27 SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 10/4/2022. Mailed notice. (jjr, ) (Entered: 10/04/2022) (0)
Aug 11, 2022 24 STATEMENT by Oakley, Inc. per 23 (Gaudio, Justin) (Entered: 08/11/2022) (4)
Aug 9, 2022 23 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for an ex parte temporary restraining order (Dckt. No. 13 ). The proposed minute order includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its memo, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 12. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice (jjr, ) (Entered: 08/09/2022) (2)
Apr 15, 2022 22 STATEMENT by Oakley, Inc. Regarding 21 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 04/15/2022) (Main Document) (2)
Apr 15, 2022 22 STATEMENT by Oakley, Inc. Regarding 21 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 04/15/2022) (Exhibit 1) (4)
Mar 28, 2022 21 MINUTE entry before the Honorable Steven C. Seeger: By April 15, 2022, Plaintiff Oakley must file a spreadsheet of all "Schedule A" cases that it has filed in this district in that past five years (that is, since January 1, 2017). The spreadsheet must include case names and case numbers. Plaintiff must submit an Excel version of the spreadsheet to the proposed order inbox. Mailed notice. (jjr, ) (Entered: 03/28/2022) (1)
Mar 23, 2022 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 03/23/2022) (Exhibit 2) (23)
Mar 23, 2022 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 03/23/2022) (Exhibit 1) (11)
Mar 23, 2022 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 03/23/2022) (Exhibit 2) (30)
Mar 23, 2022 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 03/23/2022) (Exhibit 1) (26)
Mar 23, 2022 16 DECLARATION of Jason Groppe regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 03/23/2022) (Exhibit 1) (8)
Mar 23, 2022 20 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 03/23/2022) (Main Document) (3)
Mar 23, 2022 19 MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief 18 (Gaudio, Justin) (Entered: 03/23/2022) (5)
Mar 23, 2022 18 MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 03/23/2022) (1)
Mar 23, 2022 17 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration 16 (Gaudio, Justin) (Entered: 03/23/2022) (0)
Mar 23, 2022 16 DECLARATION of Jason Groppe regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 03/23/2022) (Main Document) (9)
Mar 23, 2022 15 DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 03/23/2022) (Main Document) (5)
Mar 23, 2022 14 MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order 13 (Gaudio, Justin) (Entered: 03/23/2022) (16)
Mar 23, 2022 13 MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 03/23/2022) (2)
Mar 21, 2022 12 MAILED Patent report to Patent Trademark Office, Alexandria VA. (jh, ) (Entered: 03/21/2022) (9)
Mar 18, 2022 11 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) (Entered: 03/18/2022) (1)
Mar 18, 2022 10 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) (Entered: 03/18/2022) (1)
Mar 18, 2022 9 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) (Entered: 03/18/2022) (1)
Mar 18, 2022 8 ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) (Entered: 03/18/2022) (1)
Mar 18, 2022 7 Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) (Entered: 03/18/2022) (3)
Mar 18, 2022 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) (Entered: 03/18/2022) (1)
Mar 18, 2022 5 CIVIL Cover Sheet (Gaudio, Justin) (Entered: 03/18/2022) (1)
Mar 18, 2022 4 MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) (Entered: 03/18/2022) (2)
Mar 18, 2022 3 SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint 1 (Gaudio, Justin) (Entered: 03/18/2022) (0)
Mar 18, 2022 2 SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 03/18/2022) (0)
Mar 18, 2022 N/A clerk's notice (0)
Docket Text: CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jk2, ) 1 Filed & Entered: 03/18/2022 complaint Docket Text: COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-19259396. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) 2 Filed & Entered: 03/18/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] (Gaudio, Justin) 3 Filed & Entered: 03/18/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1] (Gaudio, Justin) 4 Filed & Entered: 03/18/2022Terminated: 10/04/2022 motion for leave to file Docket Text: MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) 5 Filed & Entered: 03/18/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Gaudio, Justin) 6 Filed & Entered: 03/18/2022 notification of affiliates pursuant to local rule 3.2 Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) 7 Filed & Entered: 03/18/2022 other Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) 8 Filed & Entered: 03/18/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) 9 Filed & Entered: 03/18/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) 10 Filed & Entered: 03/18/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) 11 Filed & Entered: 03/18/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) 12 Filed & Entered: 03/21/2022 Patent/Trademark report Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA. (jh, ) 13 Filed & Entered: 03/23/2022Terminated: 10/04/2022 motion for temporary restraining order Docket Text: MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) 14 Filed & Entered: 03/23/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[13] (Gaudio, Justin) 15 Filed & Entered: 03/23/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 16 Filed & Entered: 03/23/2022 declaration Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) 17 Filed & Entered: 03/23/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[16] (Gaudio, Justin) 18 Filed & Entered: 03/23/2022Terminated: 10/04/2022 motion for miscellaneous relief Docket Text: MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) 19 Filed & Entered: 03/23/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[18] (Gaudio, Justin) 20 Filed & Entered: 03/23/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 21 Filed & Entered: 03/28/2022 text entry Docket Text: MINUTE entry before the Honorable Steven C. Seeger: By April 15, 2022, Plaintiff Oakley must file a spreadsheet of all "Schedule A" cases that it has filed in this district in that past five years (that is, since January 1, 2017). The spreadsheet must include case names and case numbers. Plaintiff must submit an Excel version of the spreadsheet to the proposed order inbox. Mailed notice. (jjr, ) 22 Filed & Entered: 04/15/2022 statement Docket Text: STATEMENT by Oakley, Inc. Regarding [21] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) 23 Filed & Entered: 08/09/2022 text entry Docket Text: MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for an ex parte temporary restraining order (Dckt. No. [13]). The proposed minute order includes a request for an asset freeze. By August 19, 2022, Plaintiff must file a statement and point to the statutory provision that gives this Court the power to impose an asset freeze at the outset of the case. If Plaintiff cannot point to a specific statutory provision, then Plaintiff must address how its request for an asset freeze is consistent with Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999). In its memo, Plaintiff argues that "[c]ourts have the inherent authority to issue a prejudgment asset restraint when plaintiff's complaint seeks relief in equity." See Mem., at 12. In Grupo Mexicano, the Supreme Court held that a district court has "no authority to issue a preliminary injunction preventing [a defendant] from disposing of their assets pending adjudication of [plaintiff's] contract claim for money damages." Id. at 333. The Supreme Court adhered to the long-standing rule that "a judgment establishing the debt was necessary before a court of equity would interfere with the debtor's use of his property." Id. at 321. "However, the [Grupo] [C]ourt specifically noted that a restraint on assets was still proper if a suit sought equitable relief." See CSC Holdings, Inc. v. Redisi, 309 F.3d 988, 996 (7th Cir. 2002) (citing Grupo, 527 U.S. at 333; Deckert v. Independence Shares Corp., 311 U.S. 282, 288 (1940)). "[A]s a general matter [] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." See Banister v. Firestone, 2018 WL 4224444, at *9 (N.D. Ill. 2018). An equitable restraint at the outset of the case might be doable if Plaintiff obtained equitable monetary relief at the end of the day, like an accounting of profits. See Deckers Outdoor Corp. v. Unincorporated Associations Identified on Schedule A, 2013 WL 12314399 (N.D. Ill. 2013). But as a practical matter, in Schedule A cases, that recovery almost never happens, if at all. Instead, plaintiffs rush into court, seek and obtain an asset freeze, obtain a default judgment, and then ask district courts to unfreeze the money and award statutory damages, not equitable relief. In that scenario, it is not clear to this Court that it would be appropriate to use any frozen funds for any recovery of statutory damages, because statutory damages are a remedy at law, not a remedy in equity. If Plaintiff believes that it is appropriate for this Court to freeze funds at the outset of the case, and then use those funds to recover statutory damages (not equitable monetary relief) at the end of the case, then Plaintiff must explain why. Mailed notice (jjr, ) 24 Filed & Entered: 08/11/2022 statement Docket Text: STATEMENT by Oakley, Inc. per [23] (Gaudio, Justin) 25 Filed & Entered: 10/04/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. [4]) is hereby granted. Plaintiff's motion for a temporary restraining order (Dckt. No. [13]) is hereby granted in part. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Motion for electronic service of process (Dckt. No. [18]) is hereby granted. Plaintiff must effectuate service of process by October 7, 2022. Responses to the complaint are due by October 21, 2022. Motions for default and default judgment are due by October 24, 2022. Responses are due by October 27, 2022. A failure to comply will lead to dismissal. The Court directs counsel to serve a copy of this Order on Defendants, and file a certificate of service. Mailed notice. (jjr, ) 26 Filed & Entered: 10/04/2022 text entry Docket Text: MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's counsel has gotten into the habit of moving for a temporary restraining order, and then, two weeks later, reflexively filing a motion for a two-week extension of the TRO. Plaintiff's counsel does so as a matter of course, and has gotten too comfortable with that schedule. That bad habit creates extra burden for the Court. It means that this Court has to handle two TRO motions per case. And Plaintiff's counsel has filed hundreds of Schedule A cases in the past two years alone. So, that habit leads to hundreds of extra motions raining down on the federal courthouse, from a single law firm. The Court forewarns Plaintiff's counsel that it is not inclined to grant any extensions, including any extensions of the TRO, so Plaintiff must be prepared to comply. Mailed notice (jjr, ) 27 Filed & Entered: 10/04/2022 SEALED Order Docket Text: SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 10/4/2022. Mailed notice. (jjr, ) 28 Filed & Entered: 10/05/2022Terminated: 10/11/2022 extension of time Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time of Deadlines set in Order [25], MOTION by Plaintiff Oakley, Inc. for reconsideration regarding order on motion for leave to file,,,,, order on motion for temporary restraining order,,,,, order on motion for miscellaneous relief,,,,, text entry,,,, [25] (Attachments: # (1) Declaration of Amy C. Ziegler)(Ziegler, Amy) 29 Filed & Entered: 10/11/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for extension of time (Dckt. No. [28]) is hereby granted. Plaintiff needs time to collect the email addresses for the defendants and then effectuate service of process. The Court directs Plaintiff to effectuate service of process by October 24, 2022, and promptly file a proof of service. A status report is due by October 26, 2022. The Court vacates the other dates, and will reset the remaining dates by separate order. Responses to the complaint are due within the time set by the Federal Rules after service of process. Mailed notice (jjr, ) 30 Filed: 10/11/2022 Entered: 10/12/2022 bond Docket Text: SURETY BOND in the amount of $ 40,000.00 posted by Oakley, Inc. (Document not scanned). (jn, ) 31 Filed & Entered: 10/13/2022Terminated: 10/17/2022 extension of time Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Attachments: # (1) Declaration of Jake M. Christensen)(Christensen, Jake) Filed & Entered: 10/17/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (khg, ) 32 Filed & Entered: 10/17/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for an extension of time (Dckt. No. [31]) is hereby granted in part. The Court extends the TRO to October 28, 2022. Mailed notice (jjr, ) 33 Filed & Entered: 10/24/2022 motion for preliminary injunction Docket Text: MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Attachments: # (1) Exhibit A)(Christensen, Jake) 34 Filed & Entered: 10/24/2022 declaration Docket Text: DECLARATION of Jake M. Christensen regarding motion for preliminary injunction[33] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 35 Filed & Entered: 10/24/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/24/2022, answer due 11/14/2022. (Attachments: # (1) Declaration of Thomas J. Juettner, # (2) Exhibit A)(Juettner, Thomas) 36 Filed & Entered: 10/26/2022 status report Docket Text: STATUS Report by Oakley, Inc. (Christensen, Jake) 37 Filed & Entered: 11/10/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) by Lydia Pittaway (Pittaway, Lydia) 38 Filed & Entered: 11/10/2022Terminated: 11/14/2022 motion for extension of time to file answer Docket Text: MOTION by Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) for extension of time to file answer (Pittaway, Lydia) 39 Filed & Entered: 11/14/2022 attorney appearance Docket Text: ATTORNEY Appearance for Defendants 33 (Shenzhen Ruimiaoqian Network Technology Co.,Ltd), 34 (Shenzhen Weitian Industrial Co., Ltd.), 35 (Shanghai Leiyuan Energy Technology Co., Ltd.), 36 (Qingtian Diaocheng Trading Co., Ltd.), 37 (Shenzhen Xiaoyanzifei Network Technology Co., Ltd.), 38 (shenzhenshimeihuidawangluokejiyouxiangongsi) by Charles Edward McElvenny (McElvenny, Charles) 40 Filed & Entered: 11/14/2022 order on motion for extension of time to answer Docket Text: MINUTE entry before the Honorable Steven C. Seeger: The motion for extension of time to answer filed by certain defendants (and only those defendants) is hereby granted. (Dckt. No. [38]) The Court grants an extension of time to the movants (only) to respond to the complaint. The response to the complaint is due by December 9, 2022. For all other defendants, the response to the complaint is due by November 14, 2022 as previously ordered. (Dckt. No. [35]) Mailed notice. (jjr, )
Mar 18, 2022 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jk2, )
Mar 18, 2022 1 Complaint* (1)
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