Case number 1:21-cv-02114
Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jul 7, 2021 | N/A | mailed (0) Docket Text: MAILED original ten thousand dollars ($10,000) surety bond posted by plaintiff's counsel Justin R. Gaudio, of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail # 70060100000173139615 (gw, ) |
| Jul 6, 2021 | 44 | order (8) Docket Text: FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 7/6/2021:Mailed notice(gw, ) |
| Jul 6, 2021 | 43 | order on motion for entry of default (1) Docket Text: ORDER: The court has not received any objections to plaintiff's motion for entry of default and default judgment [37]. The court therefore grants plaintiff's motion for entry of default and default judgment [37] against all defendants identified on Schedule A. See Fed. R. Civ. P. 54(b). Based on the evidence submitted in support of plaintiff's motion and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patent causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; 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 appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff or their 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's counsel Justin R. Gaudio, of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Signed by the Honorable Martha M. Pacold on 7/6/2021. Mailed notice(gw, ) |
| Jun 25, 2021 | 42 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Defendant yushanxiankelasiwangsha at Line No. 14 is hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) [41] filed by Plaintiff on 6/25/2021. yushanxiankelasiwangsha terminated. (rao, ) |
| Jun 25, 2021 | 41 | notice of voluntary dismissal (1) Docket Text: NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Christensen, Jake) |
| Jun 24, 2021 | 40 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's entry of default and default judgment [37] must enter an appearance and file a written objection by 7/1/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) |
| Jun 15, 2021 | 39 | 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[37] (Gaudio, Justin) |
| Jun 15, 2021 | 38 | Exhibit 1 (83) |
| Jun 15, 2021 | 38 | Declaration of Justin R. Gaudio (3) |
| Jun 15, 2021 | 38 | memorandum in support of motion (13) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[37] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jun 15, 2021 | 37 | 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) |
| May 27, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Roidismtor cycling Store, wu cycling Store, Bigmc Store, West Biking Bike-Accessories Store, FB mpv Camping Store, Golden Retriever Outdoor Store, Co-ol Car Boutique Store, KUBUG-Sports Store, Top-Sports Store, VOEAEL Factory Store, Movement Dropshipping Store, wentsen Official Store, Ricking Store, yushanxiankelasiwangsha, chenzhoushixuhuigongchengshebeiyouxiangongsi, chh2019, OUY LEI, jingxidianzishangwu, 22shopde, air_rocket, comebuybest, winbuyshop, yfoutlet and linlan123 added to case caption. (Christensen, Jake) |
| May 25, 2021 | 36 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on May 25, 2021. Mailed notice (ph, ) |
| May 25, 2021 | 35 | 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 [30] is granted. Enter Preliminary Injunction. The Clerk of Court is directed to unseal Schedule A to the Complaint [2], Exhibit 1 to the Complaint [3], Exhibit 2 to the Declaration of Jason Groppe [14], and the TRO [23]. The Clerk of Court is directed to issue a single original summons in the name of "The Partnerships and all other Defendants identified in the Complaint" that shall apply to all Defendants. 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 are located on the court's website at www.ilnd.uscourts.gov/instructions. Signed by the Honorable Martha M. Pacold on May 25, 2021. Mailed notice (ph, ) |
| May 17, 2021 | 34 | set motion and R&R deadlines/hearings (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 preliminary injunction [30] under advisement and will consider the motion unopposed if no defendant appears and objects by 5/24/2021 (rao, ) |
| May 14, 2021 | 33 | Declaration of Thomas J. Juettner (2) |
| May 14, 2021 | 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 5/14/2021, answer due 6/4/2021. (Attachments: # (1) Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| May 14, 2021 | 32 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction [30] (Gaudio, Justin) |
| May 14, 2021 | 31 | Exhibit 1 (32) |
| May 14, 2021 | 31 | Declaration of Justin R. Gaudio (2) |
| May 14, 2021 | 31 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[30] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| May 14, 2021 | 30 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Gaudio, Justin) |
| May 10, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (mxo, ) |
| May 3, 2021 | 29 | order (2) Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/3/2021:(rao, ) |
| May 3, 2021 | 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 to 5/19/2021 [25] is granted. (rao, ) |
| Apr 30, 2021 | 27 | notice of filing (1) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order[25] (Gaudio, Justin) |
| Apr 30, 2021 | 26 | Declaration of Justin R. Gaudio (1) |
| Apr 30, 2021 | 26 | memorandum in support of motion (2) Docket Text: MEMORANDUM by Oakley, Inc. in support of extension of time[25] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| Apr 30, 2021 | 25 | extension of time (1) Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| Apr 26, 2021 | 24 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by Oakley, Inc. (Document not imaged) (td, ) |
| Apr 21, 2021 | 21 | Patent/Trademark report (1) Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA (Attachments: # (1) (List of Patents, Exhibit)) (ph, ) |
| Apr 21, 2021 | 21 | (List of Patents, Exhibit) (7) |
| Apr 21, 2021 | 23 | document sealed (8) Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/21/2021:(rao, ) |
| Apr 21, 2021 | 22 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable Martha M. Pacold: 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 electronic service of process [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 plaintiff's 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 the merits (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 an accounting 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. (rao, ) |
| Apr 20, 2021 | 20 | other (3) Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) |
| Apr 20, 2021 | 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) |
| Apr 20, 2021 | 18 | notice of filing (1) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15], MOTION by Plaintiff Oakley, Inc. for leave to file under seal[4], MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10] (Gaudio, Justin) |
| Apr 20, 2021 | 17 | Exhibit 2 (23) |
| Apr 20, 2021 | 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) |
| Apr 20, 2021 | 16 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[15] (Gaudio, Justin) |
| Apr 20, 2021 | 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) |
| Apr 20, 2021 | 14 | exhibit (30) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[13] (Gaudio, Justin) |
| Apr 20, 2021 | 13 | Exhibit 1 (7) |
| Apr 20, 2021 | 13 | declaration (9) Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[11] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) |
| Apr 20, 2021 | 12 | Exhibit 2 (49) |
| Apr 20, 2021 | 12 | Exhibit 1 (6) |
| Apr 20, 2021 | 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) |
| Apr 20, 2021 | 11 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[10] (Gaudio, Justin) |
| Apr 20, 2021 | 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) |
| Apr 20, 2021 | 17 | Exhibit 1 (11) |
| Apr 19, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (lxk, ) |
| Apr 19, 2021 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| Apr 19, 2021 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) |
| Apr 19, 2021 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| Apr 19, 2021 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| Apr 19, 2021 | 5 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| Apr 19, 2021 | 4 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| Apr 19, 2021 | 3 | exhibit (30) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1] (Gaudio, Justin) |
| Apr 19, 2021 | 2 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] (Gaudio, Justin) |
| Apr 19, 2021 | 1 | Exhibit 5 (55) |
| Apr 19, 2021 | 1 | Exhibit 4 (48) |
| Apr 19, 2021 | 1 | Exhibit 3 (6) |
| Apr 19, 2021 | 1 | Exhibit 2 (7) |
| Apr 19, 2021 | 1 | complaint (11) Docket Text: COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-18143404. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) |
| Apr 19, 2021 | 1 | Complaint* (1) |
