Case number 1:21-cv-02369
Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule "A" > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 6, 2021 | 44 | withdrawal of document (2) Docket Text: NOTICE of withdrawal of surety bond [30] by John Summerfield of Greer, Burns & Crain, Ltd (lma, ) |
| Jun 25, 2021 | 43 | entered judgment (7) Docket Text: ENTERED JUDGMENT Signed by the courtroom deputy on 06/25/2021. Emailed notice (mw, ) |
| Jun 25, 2021 | 42 | order (6) Docket Text: FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/25/2021. Emailed notice (mw, ) |
| Jun 25, 2021 | 41 | order on motion for entry of default (1) Docket Text: MINUTE entry before the Honorable Edmond E. Chang: In light of the default, the Plaintiff's motion for default judgment [38] is granted in the amount of $378, as explained in the judgment order. A separate AO-450 judgment shall be entered. Permanent injunction entered. The tracking status hearing of 07/09/2021 is vacated. Civil case terminated. Emailed notice (mw, ) |
| Jun 25, 2021 | 40 | 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[38] (Gaudio, Justin) |
| Jun 25, 2021 | 39 | Exhibit 1 (83) |
| Jun 25, 2021 | 39 | Declaration of Justin R. Gaudio (2) |
| Jun 25, 2021 | 39 | memorandum in support of motion (12) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[38] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jun 25, 2021 | 38 | 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) |
| Jun 4, 2021 | N/A | party added (0) Docket Text: NEW PARTIES: Barry invincible Store added to case caption. (Juettner, Thomas) |
| Jun 3, 2021 | 37 | preliminary injunction (8) Docket Text: PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/03/2021. Emailed notice (mw, ) |
| Jun 3, 2021 | 36 | order on motion for preliminary injunction (1) Docket Text: MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction [32] is granted, in light of the circumstances that justified the entry of the TRO. With the answer deadline of 06/22/2021, the tracking status hearing of 06/04/2021 is reset to 07/09/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint initial status report by 06/26/2021. If the Defendant does not answer on time, then the Defendant is deemed to be in default after the answer deadline. The Plaintiff shall file a motion for default judgment, if appropriate, by 06/26/2021. The Clerk shall unseal all the filings. Emailed notice (mw, ) |
| Jun 1, 2021 | 34 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction [32] (Gaudio, Justin) |
| Jun 1, 2021 | 33 | Exhibit 1 (32) |
| Jun 1, 2021 | 35 | Declaration of Thomas J. Juettner (2) |
| Jun 1, 2021 | 33 | Declaration of Justin R. Gaudio (2) |
| Jun 1, 2021 | 33 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[32] (Attachments: # (1) Declaration of Justin R. Gaudio, # (2) Exhibit 1)(Gaudio, Justin) |
| Jun 1, 2021 | 32 | motion for preliminary injunction (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Gaudio, Justin) |
| Jun 1, 2021 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (as, ) |
| Jun 1, 2021 | 35 | summons returned executed (2) Docket Text: SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/1/2021, answer due 6/22/2021. (Attachments: # (1) Declaration of Thomas J. Juettner)(Juettner, Thomas) |
| May 27, 2021 | 31 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO [27] is granted through 06/07/2021, given the continued applicability of the circumstances that justified the issuance of the initial TRO. The tracking status hearing of 05/28/2021 is reset to 06/04/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) by 06/01/2021. Emailed notice (mw, ) |
| May 20, 2021 | 30 | bond (1) Docket Text: SURETY BOND in the amount of $ 10,000.00 posted by Oakley, Inc. (Document not imaged) (td, ) |
| May 19, 2021 | 29 | notice of filing (1) Docket Text: NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order[27] (Gaudio, Justin) |
| May 19, 2021 | 28 | Declaration of Justin R. Gaudio (1) |
| May 19, 2021 | 28 | memorandum in support of motion (2) Docket Text: MEMORANDUM by Oakley, Inc. in support of extension of time[27] (Attachments: # (1) Declaration of Justin R. Gaudio)(Gaudio, Justin) |
| May 19, 2021 | 27 | extension of time (1) Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Gaudio, Justin) |
| May 10, 2021 | 26 | SEALED Order (8) Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/10/2021. Emailed notice (mw, ) |
| May 10, 2021 | 25 | order on motion for leave to file (2) Docket Text: MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [14] for temporary restraining order and other relief is granted in large part. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy for design-patent infringement, namely, disgorgement of profits under 35 U.S.C. 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. Having said that, the Court increases the bond amount to $10,000 from the proposed $1,000. The merits of the design-patent claim is not clear cut: the patent claims a tear-drop shape on the sunglass arm where the arm meets the lens, but the corresponding shape on Defendant's version is symmetrical rather than a tear drop. Also, the shape of the opening farther down the arm does not appear to match the shape on the patent. To account for the diminished strength on the merits, the bond amount is set higher. The Plaintiff's motion [4] for leave to file under seal is granted in light of the asset-restraint goal. By 05/17/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion [19] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/28/2021 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/24/2021. Emailed notice (mw, ) |
| May 7, 2021 | 17 | Exhibit 1 (7) |
| May 7, 2021 | 18 | exhibit (5) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[17] (Gaudio, Justin) |
| May 7, 2021 | 19 | 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 7, 2021 | 20 | memorandum in support of motion (5) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[19] (Gaudio, Justin) |
| May 7, 2021 | 21 | declaration (3) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| May 7, 2021 | 21 | Exhibit 1 (11) |
| May 7, 2021 | 17 | declaration (9) Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[15] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) |
| May 7, 2021 | 22 | notice of filing (2) Docket Text: NOTICE by Oakley, Inc. re 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) [19], MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[14] (Gaudio, Justin) |
| May 7, 2021 | 23 | 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 7, 2021 | 24 | other (3) Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) |
| May 7, 2021 | 21 | Exhibit 2 (23) |
| May 7, 2021 | 16 | Exhibit 1 (6) |
| May 7, 2021 | 16 | declaration (5) Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) |
| May 7, 2021 | 15 | memorandum in support of motion (15) Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[14] (Gaudio, Justin) |
| May 7, 2021 | 14 | 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 7, 2021 | 16 | Exhibit 2 (49) |
| May 5, 2021 | 13 | exhibit (5) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding amended complaint[11] (Gaudio, Justin) |
| May 5, 2021 | 12 | exhibit (1) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding amended complaint[11] (Gaudio, Justin) |
| May 5, 2021 | 11 | Exhibit 5 (55) |
| May 5, 2021 | 11 | Exhibit 4 (48) |
| May 5, 2021 | 11 | Exhibit 3 (6) |
| May 5, 2021 | 11 | Exhibit 2 (7) |
| May 5, 2021 | 11 | amended complaint (12) 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)(Gaudio, Justin) |
| May 5, 2021 | 1 | Amended Complaint* (1) |
| May 3, 2021 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (txl, ) |
| May 3, 2021 | 10 | Patent/Trademark report (8) Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA (exr, ) |
| May 3, 2021 | 9 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) |
| May 3, 2021 | 8 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) |
| May 3, 2021 | 7 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) |
| May 3, 2021 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) |
| May 3, 2021 | 5 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Gaudio, Justin) |
| May 3, 2021 | 4 | motion for leave to file (2) Docket Text: MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) |
| May 3, 2021 | 3 | exhibit (30) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1] (Gaudio, Justin) |
| May 3, 2021 | 2 | exhibit (2) Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] (Gaudio, Justin) |
| May 3, 2021 | 1 | Exhibit 5 (55) |
| May 3, 2021 | 1 | Exhibit 4 (48) |
| May 3, 2021 | 1 | Exhibit 3 (6) |
| May 3, 2021 | 1 | Exhibit 2 (7) |
| May 3, 2021 | 1 | complaint (12) Docket Text: COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-18201656. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) |
| May 3, 2021 | 1 | Complaint* (1) |
