Case number 1:20-cv-02970
Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 7, 2022 | 63 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order[62] in the amount of the Judgment Amount as to certain defendant (Christensen, Jake) |
| Oct 26, 2020 | 62 | order (8) Docket Text: FINAL JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 10/26/2020. Notices mailed. (psm, ) |
| Oct 26, 2020 | 61 | order on motion for entry of default (1) Docket Text: MINUTE entry before the Honorable Manish S. Shah: No defendant has appeared to object to plaintiff's motion for entry of default judgment. The motion is granted. Although the information about defendants' profits and revenues is sparse and there is the possibility that the restrained funds were generated by non-infringing sales, the court concludes that plaintiff's efforts provide the best available measure of profits. Defendants' failure to appear and the evidence submitted in support of the TRO demonstrate that a permanent injunction is appropriate. Enter Default Judgment Order and terminate civil case. Notices mailed. (psm, ) |
| Oct 19, 2020 | 60 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re memorandum in support of motion[59] (Gaudio, Justin) |
| Oct 19, 2020 | 59 | Exhibit 1 (83) |
| Oct 19, 2020 | 59 | Declaration of Justin R. Gaudio (2) |
| Oct 19, 2020 | 59 | memorandum in support of motion (6) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[51] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Oct 19, 2020 | 58 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) |
| Sep 24, 2020 | 57 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held. Plaintiff shall file a supplement in support its motion for default judgment [51] by 10/27/20. Notices mailed. (psm, ) |
| Sep 21, 2020 | 56 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Manish S. Shah: a telephone hearing is set for 9/24/20 at 10:00 a.m. on plaintiff's motion for default judgment [51]. Members of the public and media may listen to these proceedings by dialing 1-888-204-5984 and using access code 9146677. Counsel of record and other essential case participants will receive an email prior to the start of the telephone hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notices mailed. (psm, ) |
| Sep 18, 2020 | 55 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) |
| Sep 9, 2020 | 54 | text entry (1) Docket Text: MINUTE entry before the Honorable Manish S. Shah: Any objections to the motion for entry of default [51] must be properly filed by 9/16/20. If no objections are filed, the motion will be considered unopposed. Notices mailed. (psm, ) |
| Sep 9, 2020 | 53 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for entry of default as to all DefendantsMOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants[51] (Gaudio, Justin) |
| Sep 9, 2020 | 52 | Exhibit 3 (78) |
| Sep 9, 2020 | 52 | Exhibit 2 (8) |
| Sep 9, 2020 | 52 | Exhibit 1 (25) |
| Sep 9, 2020 | 52 | Declaration of Justin R. Gaudio (2) |
| Sep 9, 2020 | 52 | memorandum in support of motion (12) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[51] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3)(Gaudio, Justin) |
| Sep 9, 2020 | 51 | motion for entry of default (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants (Gaudio, Justin) |
| Sep 9, 2020 | 50 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) |
| Sep 3, 2020 | 49 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) |
| Aug 21, 2020 | 48 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake) |
| Jul 16, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: oTC. Store, fighter Store, cycling & riding store, Cycle Hiker, %100RBworld Store, CoolChange Sports flagship store, Pegasus bike Accessories Store, Hiker Outdoor Store, NICEGO Store, Lupu Cyclist Store, cyclistscool store, igoogo outdoor store, JUNJIE Outdoor Store, wyhsports Store, Outdoor Club+ Store, GUBbike Store, WY-9 Store, Shop5607419 Store, Shop5736051 Store, Shenzhen GUB Bike Store, COOLWANG, coolchange2016, coolchange-bicycle, coolchange-cycling, coolmaxsun, cowboy0530, cycleling, cyclingking, gobike168, hugebegin-top912, i726freesports, inbike, rockbros, tianyigeltd, chendongyan, fuliao, Da Hai wearing world and Beautifying shops added to case caption. (Christensen, Jake) |
| Jul 13, 2020 | 47 | preliminary injunction (9) Docket Text: PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 7/13/2020. Notices mailed. (psm, ) |
| Jul 13, 2020 | 46 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for a preliminary injunction [41] is granted. No defendant has appeared and no objections filed. The evidence submitted in support of the TRO also supports the entry of a preliminary injunction including the relief ordered by the TRO (e.g., expedited discovery, asset restraint, and electronic service of process). Enter preliminary injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed. (psm, ) |
| Jul 10, 2020 | 45 | order (8) Docket Text: ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) |
| Jun 30, 2020 | 44 | set deadlines (1) Docket Text: MINUTE entry before the Honorable Manish S. Shah: Any objections to plaintiff's motion for a preliminary injunction [41] must be filed by 7/7/20. If no defendant appears and files a written objection, the motion will be considered unopposed. Plaintiff has given notice of the motion to defendants by electronic means, and served defendants with the complaint by electronic means. The court unseals the TRO entered on 5/22/20, [34], and now finds that there is good cause to convert the TRO to a preliminary injunction while the motion for a preliminary injunction is pending or until 7/10/20, whichever is earlier. Defendants have notice, plaintiff's evidence demonstrates a strong likelihood of success on the merits and irreparable harm from the lack of injunctive relief, and if the injunctive relief is even temporarily suspended while the motion is pending, it is likely that defendants will evade plaintiff's efforts to identify them and conduct an accounting. Notices mailed. (psm, ) |
| Jun 29, 2020 | 43 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction and to extend the temporary restraining order[41] (Gaudio, Justin) |
| Jun 29, 2020 | 42 | Exhibit 1 (32) |
| Jun 29, 2020 | 42 | Declaration of Justin R. Gaudio (2) |
| Jun 29, 2020 | 42 | memorandum in support of motion (6) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[41] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jun 29, 2020 | 41 | motion for preliminary injunction (3) Docket Text: MOTION by Plaintiff Oakley, Inc. for preliminary injunction and to extend the temporary restraining order (Gaudio, Justin) |
| Jun 29, 2020 | 40 | Declaration of Thomas J. Juettner (2) |
| Jun 29, 2020 | 40 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/29/2020, answer due 7/20/2020. (Attachments: # (1) Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| Jun 29, 2020 | 39 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion for an extension of the ex parte temporary restraining order [36] is denied. The court's General Orders did not extend the duration of any temporary restraining orders (and Rule 65 prohibits extensions of ex parte TROs beyond 14 days). Counsel's belief that the General Orders extended TROs unless specifically excepted was not a reasonable reading of the orders (notwithstanding counsel's communication with another judge's chambers about a different case and counsel's experience with ex parte TROs not being considered emergencies). The General Orders fail to comply with the requirement that extensions of TROs beyond the 28-day mark comport with the formal requirements for a preliminary injunction (which requires notice to the adverse party). See H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 845 (7th Cir. 2012). So it would not be reasonable to read the General Orders as TRO extensions. Notices mailed. (psm, ) |
| Jun 29, 2020 | 38 | notice of filing (1) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order[36] (Gaudio, Justin) |
| Jun 29, 2020 | 37 | Declaration of Justin R. Gaudio (1) |
| Jun 29, 2020 | 37 | memorandum in support of motion (2) Docket Text: MEMORANDUM by Oakley, Inc. in support of extension of time[36] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Jun 29, 2020 | 36 | extension of time (1) Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Jun 29, 2020 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (sxh, ) |
| May 26, 2020 | 35 | order (8) Docket Text: ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, ) |
| May 22, 2020 | 34 | SEALED Order (9) Docket Text: SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 5/22/2020. Notices mailed. (psm, ) |
| May 22, 2020 | 33 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motion to seal [12], motion for a temporary restraining order [22] and motion for electronic service of process [27] are granted. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a strong likelihood of success on the merits (including evidence of active infringement of plaintiff's design patent and sales into Illinois), the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the property rights inherent in plaintiff's patent, including plaintiff's right to control its design. Those rights cannot be fully compensated by money damages. The harm to plaintiff's patent rights may be more compensable through damages than in other similar trademark cases brought by counsel. Patent protection is not intended to address public perception of the source of goods; consumer confusion is a less weighty concern here. Nevertheless, there is some irreparable harm and there is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. The court has doubts about the propriety of joinder and whether plaintiff genuinely intends to pursue an accounting (justifying an asset freeze), but at this preliminary stage the court is persuaded that plaintiff has sufficient indicia of coordinated activity and prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze and joinder. A $10,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices mailed. (psm, ) |
| May 21, 2020 | 25 | Exhibit 2 (5) |
| May 21, 2020 | 25 | Exhibit 3 (6) |
| May 21, 2020 | 26 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 4 - Parts 1-2 regarding declaration[25] (Attachments: # (1) Exhibit 4-1, # (2) Exhibit 4-2)(Gaudio, Justin) |
| May 21, 2020 | 26 | Exhibit 4-1 (374) |
| May 21, 2020 | 26 | Exhibit 4-2 (244) |
| May 21, 2020 | 27 | motion for miscellaneous relief (1) Docket Text: MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) |
| May 21, 2020 | 28 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[27] (Gaudio, Justin) |
| May 21, 2020 | 1 | Amended Complaint* (1) |
| May 21, 2020 | 29 | Exhibit 1 (11) |
| May 21, 2020 | 29 | Exhibit 2 (23) |
| May 21, 2020 | 30 | notice of filing (1) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff ABC Corporation for leave to file under seal[12], MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [27], MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery[22] (Gaudio, Justin) |
| May 21, 2020 | 31 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) |
| May 21, 2020 | 32 | other (3) Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) |
| May 21, 2020 | 25 | Exhibit 1 (6) |
| May 21, 2020 | 25 | declaration (9) Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[23] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Gaudio, Justin) |
| May 21, 2020 | 24 | Exhibit 2 (49) |
| May 21, 2020 | 24 | Exhibit 1 (6) |
| May 21, 2020 | 24 | declaration (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[23] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| May 21, 2020 | 23 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[22] (Gaudio, Justin) |
| May 21, 2020 | 22 | motion for temporary restraining order (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) |
| May 21, 2020 | 21 | exhibit (2) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding amended complaint, [19] (Gaudio, Justin) |
| May 21, 2020 | 20 | Exhibit 1-2 (244) |
| May 21, 2020 | 20 | Exhibit 1-1 (374) |
| May 21, 2020 | 20 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-2 regarding amended complaint, [19] (Attachments: # (1) Exhibit 1-1, # (2) Exhibit 1-2)(Gaudio, Justin) |
| May 21, 2020 | 19 | Exhibit 7 (55) |
| May 21, 2020 | 19 | Exhibit 6 (48) |
| May 21, 2020 | 19 | Exhibit 5 (6) |
| May 21, 2020 | 19 | Exhibit 4 (6) |
| May 21, 2020 | 19 | Exhibit 3 (5) |
| May 21, 2020 | 19 | Exhibit 2 (6) |
| May 21, 2020 | 19 | amended complaint (13) Docket Text: AMENDED complaint by Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A" (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5, # (5) Exhibit 6, # (6) Exhibit 7)(Gaudio, Justin) |
| May 21, 2020 | 18 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| May 21, 2020 | 17 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) |
| May 21, 2020 | 16 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| May 21, 2020 | 15 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| May 21, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: Oakley, Inc. added to case caption. Terminating ABC Corporation (Gaudio, Justin) |
| May 21, 2020 | 29 | declaration (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[28] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| May 20, 2020 | 14 | Patent/Trademark report (18) Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria, VA. (bg, ) |
| May 19, 2020 | 12 | motion for leave to file (2) Docket Text: MOTION by Plaintiff ABC Corporation for leave to file under seal (Gaudio, Justin) |
| May 19, 2020 | 11 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff ABC Corporation by Thomas Joseph Juettner (Juettner, Thomas) |
| May 19, 2020 | 10 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff ABC Corporation by Jake Michael Christensen (Christensen, Jake) |
| May 19, 2020 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff ABC Corporation by Amy Crout Ziegler (Ziegler, Amy) |
| May 19, 2020 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff ABC Corporation by Justin R. Gaudio (Gaudio, Justin) |
| May 19, 2020 | 7 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| May 19, 2020 | 6 | exhibit (2) Docket Text: SEALED EXHIBIT by Plaintiff ABC Corporation Schedule A regarding complaint[1] (Gaudio, Justin) |
| May 19, 2020 | 5 | exhibit (6) Docket Text: SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 4 regarding complaint[1] (Gaudio, Justin) |
| May 19, 2020 | 4 | exhibit (5) Docket Text: SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 3 regarding complaint[1] (Gaudio, Justin) |
| May 19, 2020 | 3 | exhibit (6) Docket Text: SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 2 regarding complaint[1] (Gaudio, Justin) |
| May 19, 2020 | 2 | Exhibit 1-2 (244) |
| May 19, 2020 | 2 | Exhibit 1-1 (374) |
| May 19, 2020 | 2 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff ABC Corporation Exhibit 1 - Parts 1-2 regarding complaint[1] (Attachments: # (1) Exhibit 1-1, # (2) Exhibit 1-2)(Gaudio, Justin) |
| May 19, 2020 | 1 | Exhibit 7 (55) |
| May 19, 2020 | 1 | Exhibit 6 (48) |
| May 19, 2020 | 1 | Exhibit 5 (6) |
| May 19, 2020 | 1 | complaint (11) Docket Text: COMPLAINT filed by ABC Corporation; Filing fee $ 400, receipt number 0752-17027046. (Attachments: # (1) Exhibit 5, # (2) Exhibit 6, # (3) Exhibit 7)(Gaudio, Justin) |
| May 19, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (acm, ) |
| Apr 24, 2020 | 13 | order (11) Docket Text: ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice (ec, ) |
