Case number 1:20-cv-06676
Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 7, 2022 | 58 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order, terminated case[54] in the amount of the Judgment Amount as to certain defendants (Christensen, Jake) |
| Feb 19, 2021 | 57 | satisfaction of judgment (2) Docket Text: FULL SATISFACTION of Judgment regarding order, terminated case[54] in the amount of the Judgment Amount as to certain defendant (Christensen, Jake) |
| Feb 11, 2021 | N/A | mailed (0) Docket Text: MAILED Surety Bond by Certified Mail, Article no. 7019 2280 0000 0963 2061 to Justin R. Gaudio per order [56]. (mc, ) |
| Feb 10, 2021 | 56 | order (1) Docket Text: ORDER :The ten thousand dollar ($10,000) surety bond posted by Greer Burns & Crain Ltd. is hereby released to Plaintiff's counsel Justin R. Gaudio of Greer Burns & Crain Ltd. The Clerk of Court is directed to return the surety bond previously deposited with the Clerk of Court to Plaintiff's counsel Justin R. Gaudio of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Signed by the Honorable Martha M. Pacold on 2/10/2021. Mailed notice(mc, ) |
| Feb 5, 2021 | 55 | transcript (11) Docket Text: TRANSCRIPT OF PROCEEDINGS held on 2/4/2021 before the Honorable Martha M. Pacold. Order Number: 40081. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 2/26/2021. Redacted Transcript Deadline set for 3/8/2021. Release of Transcript Restriction set for 5/6/2021. (Fennell, Kathleen) |
| Feb 4, 2021 | 54 | order (11) Docket Text: FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 2/4/2021:(rao, ) |
| Feb 4, 2021 | 53 | order on motion for entry of default (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Telephonic hearing held on 2/4/2021 on Plaintiff's motion for entry of default and default judgment [43]. No defendant appeared at the hearing or responded to the motion. The motion [43] is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established infringement of plaintiff's designs by products sold through the defaulting defendants' online marketplaces and that a permanent injunction should be entered. Plaintiff has shown that monetary damages are inadequate to address these harms and that the public interest would not be disserved by a permanent injunction. No defendants have argued otherwise; thus, the court also finds that the balance of the hardships favors an injunction. As in Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A", No. 1:20-cv-02970, Dkt. 61, "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." The ten thousand dollar ($10,000) surety bond posted by Plaintiff is hereby released to Plaintiff or its counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to Plaintiff or its counsel. Enter Final Judgment Order. Civil case terminated. (rao, ) |
| Feb 3, 2021 | 52 | order (1) Docket Text: ORDER :Defendants Cycling Franchise Store at Line No. 1 and Water Entertainment Store at Line No. 13 are hereby dismissed with leave to reinstate within one hundred and eighty (180) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [51] filed by Plaintiff on 2/2/2021. Signed by the Honorable Martha M. Pacold on 2/3/2021. Mailed notice(mc, ) |
| Feb 2, 2021 | 51 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) |
| Feb 1, 2021 | 50 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Telephonic motion hearing on Plaintiff's motion for entry of default and default judgment [43] set for 2/4/2021 at 10:30 a.m. Dial Toll-Free Call-in Number: (888) 684-8852; followed by the Conference Access Code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the Court. Participants are directed to keep their device muted when they are not speaking. (rao, ) Modified on 2/2/2021 (rao, ). |
| Jan 22, 2021 | 49 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Defendants NW Oficial Store at Line No. 17 and Strava Factory Store at Line. No. 21 are hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [48] filed by Plaintiff on 1/22/2021. (rao, ) |
| Jan 22, 2021 | 48 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) |
| Jan 14, 2021 | 47 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Any defendant objecting to plaintiff's motion for entry of default and for default judgment [43] must enter an appearance and file a written objection by 1/21/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Jan 11, 2021 | 42 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Christensen, Jake) |
| Jan 11, 2021 | 46 | order (1) Docket Text: ORDER: Defendants NW Official Store at Line No. 17 and Strava Factory Store at Line No. 21 are hereby dismissed with leave to reinstate within one hundred and eighty (180) days pursuant to the Notice of Dismissal Under Rule 41(a)(1) [42] filed by Plaintiff on 1/11/2021. Signed by the Honorable Martha M. Pacold on 1/11/2021. Mailed notice. (bg, ) |
| Jan 11, 2021 | 45 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for entry of default against the Defendants identified in Schedule A, with the exception of certain DefendantsMOTION by Plaintiff Oakley, Inc. for default judgment as to the Defendants identified in Schedule A, with the exception of certain Defendants[43] (Gaudio, Justin) |
| Jan 11, 2021 | 44 | Exhibit 1 (78) |
| Jan 11, 2021 | 44 | Declaration of Justin R. Gaudio (4) |
| Jan 11, 2021 | 44 | memorandum in support of motion (12) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for entry of default,, motion for default judgment, [43] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jan 11, 2021 | 43 | motion for entry of default (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for entry of default against the Defendants identified in Schedule A, with the exception of certain Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to the Defendants identified in Schedule A, with the exception of certain Defendants (Gaudio, Justin) |
| Jan 8, 2021 | 40 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake) |
| Jan 8, 2021 | 41 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant SHANGJI at Line No. 38 is hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [40] filed by Plaintiff on 1/8/2021. SHANGJI terminated. (rao, ) |
| Dec 11, 2020 | 39 | preliminary injunction (10) Docket Text: PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 12/11/2020. Mailed notice(mc, ) |
| Dec 11, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: ROSANNA Official Store, Houkiper NY Sporting Store, DeXinChen Security Store, Shop5438252 Store, Shop5442219 Store, Shop5588498 Store, Outdoor Safety Protect Store, Fun Drop Shipping Store, ELYON Official Store, Victspring Store, goplussport store, Chinese Fitness Store, Huge HG Store, TOSPRA car accessories Store, NW Oficial Store, Shop900246041 Store, Minino Store, keep outdoors Store, Strava Factory Store, LeiKuo Club Store, Shop910332121 Store, Shop910335333 Store, KEEP IN Store, motion outdoors Store, cycling peripheral store, Victoria ACX, yuncong, Lighting the best seller us, wcl2019, Niushawen, Jinhui charm, Oversold 88, PRINCEYEE, Goodnewss, kongye, SHANGJI, yanhuishanghang, WEIl, XiJiaBo, rock cottage, GTHYUUI, Ting room, XiuLingzhuanmai, JSXY, GDGLO, WFhjtTH, YIQI COMPANY, TTYOUC, HengTongWeiYe, Banwen LLC, KAKT, XUEFAJUN, ZhaoShi, Minimini, TIYUYONGPIN, YFEI, Danny Samuel, AMZUP store, houmashifenghuiboli, MEITONGMEI, Buildinp, redgily, koljuhy, Elegdy, SHHFJB, ChenguojianUS, QiJuQuan, Larly, Hui Peng Longy, wangqin, Lucky Accessory International Trade, titatiu, Mingyang internationdl trade, Lili jing, baikangmaoyi1, yangzhonghua, nixxabo and HDAGE added to case caption. (Juettner, Thomas) |
| Dec 11, 2020 | N/A | party added (0) Docket Text: NEW PARTIES: Cycling Franchise Store added to case caption. (Juettner, Thomas) |
| Dec 11, 2020 | 38 | order on motion for preliminary injunction (1) Docket Text: ORDER :No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [34] is granted. 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. Signed by the Honorable Martha M. Pacold on 12/11/2020. Mailed notice(mc, ) |
| Dec 8, 2020 | 37 | text entry (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff shall serve defendants with this notice. The court has taken the motion for a preliminary injunction [34] under advisement and will consider the motion unopposed if no defendant appears and objects by 12/10/2020 at 12:00 p.m. (rao, ) |
| Dec 7, 2020 | 36 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction [34] (Gaudio, Justin) |
| Dec 7, 2020 | 35 | Exhibit 1 (32) |
| Dec 7, 2020 | 35 | Declaration of Justin R. Gaudio (2) |
| Dec 7, 2020 | 35 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[34] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Dec 7, 2020 | 34 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Gaudio, Justin) |
| Dec 7, 2020 | 33 | Declaration of Thomas J. Juettner (2) |
| Dec 7, 2020 | 33 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 12/7/2020, answer due 12/28/2020. (Attachments: # (1) Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| Dec 7, 2020 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A." (lxk, ) |
| Dec 4, 2020 | 32 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Cycling Franchise Store, Water Entertainment Store by He Cheng (Cheng, He) |
| Dec 4, 2020 | 31 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Cycling Franchise Store, Water Entertainment Store by Tianyu Ju (Ju, Tianyu) |
| Dec 4, 2020 | 30 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants Water Entertainment Store, Cycling Franchise Store by Tao Liu Liu, Tao (Liu, Tao) |
| Nov 23, 2020 | 29 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/23/2020:(rao, ) |
| Nov 23, 2020 | 28 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's ex parte motion to extend the temporary restraining order [24] is granted. (rao, ) |
| Nov 20, 2020 | 26 | notice of filing (1) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order[24] (Gaudio, Justin) |
| Nov 20, 2020 | 25 | Declaration of Justin R. Gaudio (1) |
| Nov 20, 2020 | 25 | memorandum in support of motion (2) Docket Text: MEMORANDUM by Oakley, Inc. in support of extension of time[24] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Nov 20, 2020 | 24 | extension of time (1) Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Nov 17, 2020 | 27 | bond (1) Docket Text: SURETY BOND in the amount of $ $10,000.00 posted by Oakley, Inc. (tg, ) |
| Nov 12, 2020 | 23 | SEALED Order (10) Docket Text: SEALED ORDER. Signed by the Honorable Martha M. Pacold on 11/12/2020. Mailed notice(mc, ) |
| Nov 12, 2020 | 21 | Exhibit (9) |
| Nov 12, 2020 | 21 | Patent/Trademark report (1) Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA (Attachments: # (1) Exhibit)(mc, ) |
| Nov 12, 2020 | 22 | order on motion for leave to file (1) Docket Text: ORDER : For the reasons set forth in plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal [4], for temporary restraining order, including a temporary injunction, temporary asset restraint, and expedited discovery [10], and for service of process by e-mail and/or electronic publication [15] are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiffs' interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on themerits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiffs genuinely intend to pursue an accounting (which plaintiff assert as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of anaccounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Enter Sealed Temporary Restraining Order. Signed by the Honorable Martha M. Pacold on 11/12/2020. Mailed notice(mc, ) |
| Nov 11, 2020 | 20 | other (3) Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) |
| Nov 11, 2020 | 19 | 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) |
| Nov 11, 2020 | 18 | notice of filing (1) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10], MOTION by Plaintiff Oakley, Inc. for leave to file under seal[4], MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15] (Gaudio, Justin) |
| Nov 11, 2020 | 17 | Exhibit 2 (23) |
| Nov 11, 2020 | 17 | Exhibit 1 (11) |
| Nov 11, 2020 | 17 | declaration (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Nov 11, 2020 | 15 | 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) |
| Nov 11, 2020 | 14 | Exhibit 4-4 (92) |
| Nov 11, 2020 | 14 | Exhibit 4-3 (367) |
| Nov 11, 2020 | 14 | Exhibit 4-2 (367) |
| Nov 11, 2020 | 14 | Exhibit 4-1 (345) |
| Nov 11, 2020 | 14 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 4 - Parts 1-4 regarding declaration[13] (Attachments: # (1) Exhibit 4-1, # (2) Exhibit 4-2, # (3) Exhibit 4-3, # (4) Exhibit 4-4)(Gaudio, Justin) |
| Nov 11, 2020 | 13 | Exhibit 3 (8) |
| Nov 11, 2020 | 13 | Exhibit 2 (9) |
| Nov 11, 2020 | 13 | Exhibit 1 (8) |
| Nov 11, 2020 | 13 | declaration (9) Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Gaudio, Justin) |
| Nov 11, 2020 | 12 | Exhibit 2 (49) |
| Nov 11, 2020 | 12 | Exhibit 1 (6) |
| Nov 11, 2020 | 12 | declaration (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| Nov 11, 2020 | 11 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[10] (Gaudio, Justin) |
| Nov 11, 2020 | 10 | 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) |
| Nov 11, 2020 | 16 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[15] (Gaudio, Justin) |
| Nov 10, 2020 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (ke, ) |
| Nov 10, 2020 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Nov 10, 2020 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) |
| Nov 10, 2020 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Nov 10, 2020 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Nov 10, 2020 | 5 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Nov 10, 2020 | 4 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| Nov 10, 2020 | 3 | Exhibit 1-4 (92) |
| Nov 10, 2020 | 3 | Exhibit 1-3 (367) |
| Nov 10, 2020 | 3 | Exhibit 1-2 (367) |
| Nov 10, 2020 | 3 | Exhibit 1-1 (345) |
| Nov 10, 2020 | 3 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-4 regarding complaint[1] (Attachments: # (1) Exhibit 1-1, # (2) Exhibit 1-2, # (3) Exhibit 1-3, # (4) Exhibit 1-4)(Gaudio, Justin) |
| Nov 10, 2020 | 2 | exhibit (3) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] (Gaudio, Justin) |
| Nov 10, 2020 | 1 | Exhibit 7 (55) |
| Nov 10, 2020 | 1 | Exhibit 6 (48) |
| Nov 10, 2020 | 1 | Exhibit 5 (6) |
| Nov 10, 2020 | 1 | Exhibit 4 (8) |
| Nov 10, 2020 | 1 | Exhibit 3 (9) |
| Nov 10, 2020 | 1 | Exhibit 2 (8) |
| Nov 10, 2020 | 1 | complaint (13) Docket Text: COMPLAINT filed by Oakley, Inc.; Filing fee $ 400, receipt number 0752-17632314. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5, # (5) Exhibit 6, # (6) Exhibit 7)(Gaudio, Justin) |
| Nov 10, 2020 | 1 | Complaint* (1) |
