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Case number 1:21-cv-06095

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

Date Field Doc. No.Description (Pages)
Nov 15, 2021 1 Complaint* (1)
Nov 15, 2021 N/A case assigned (0)
Docket Text: CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (ng, )
Nov 15, 2021 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. (ng, ) 1 Filed & Entered: 11/15/2021 complaint Docket Text: COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-18873406. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) 2 Filed & Entered: 11/15/2021 exhibit Docket Text: SCHEDULE A by Plaintiff Oakley, Inc. regarding complaint[1] (Gaudio, Justin) Modified on 2/23/2022 (jg, ). 3 Filed & Entered: 11/15/2021 exhibit Docket Text: EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1] (Gaudio, Justin) Modified on 2/23/2022 (jg, ). 4 Filed & Entered: 11/15/2021Terminated: 01/03/2022 motion for leave to file Docket Text: MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) 5 Filed & Entered: 11/15/2021 civil cover sheet Docket Text: CIVIL Cover Sheet (Gaudio, Justin) 6 Filed & Entered: 11/15/2021 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) 7 Filed & Entered: 11/15/2021 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) 8 Filed & Entered: 11/15/2021 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) 9 Filed & Entered: 11/15/2021 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) 10 Filed & Entered: 11/17/2021 Patent/Trademark report Docket Text: MAILED Patent report to Patent Trademark Office, Alexandria VA. (gcy, ) 11 Filed & Entered: 11/23/2021Terminated: 01/03/2022 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) 12 Filed & Entered: 11/23/2021 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[11] (Gaudio, Justin) 13 Filed & Entered: 11/23/2021 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 14 Filed & Entered: 11/23/2021 declaration Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[12] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) 15 Filed & Entered: 11/23/2021 exhibit Docket Text: EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[14] (Gaudio, Justin) Modified on 2/23/2022 (jg, ). 16 Filed & Entered: 11/23/2021Terminated: 01/03/2022 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) 17 Filed & Entered: 11/23/2021 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[16] (Gaudio, Justin) 18 Filed & Entered: 11/23/2021 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 19 Filed & Entered: 11/23/2021 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) 20 Filed & Entered: 11/23/2021 other Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) 21 Filed & Entered: 01/03/2022 order on motion for leave to file Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [4], ex parte motion for a temporary restraining order [11], and motion for electronic service of process [16] are granted. Plaintiff's submissions (including the Declaration of Jason Groppe [14]) establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries [2], [3], and [15]. The Temporary Restraining Order being entered along with this minute order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis under FRCP 65(b)(1). Specifically, and as noted above, 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's patented goods to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, 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 effectively communicates the pendency of this action to Defendants. As this Court and others have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether plaintiff will pursue an accounting (which Plaintiff asserts 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 reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice (lp, ) 22 Filed & Entered: 01/03/2022 SEALED Order Docket Text: SEALED Temporary Restraining Order. Signed by the Honorable John F. Kness on 1/3/2022: Mailed notice (lp, ) 23 Filed & Entered: 01/12/2022Terminated: 01/18/2022 extension of time Docket Text: MOTION by Plaintiff Oakley, Inc. for extension of time (Ex Parte Motion to Extend the Temporary Restraining Order (Christensen, Jake) (Docket Text Modified by Clerk's Office on 1/13/2022) (jg, ). 24 Filed & Entered: 01/12/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of extension of time[23] (Attachments: # (1) Declaration of Jake M. Christensen)(Christensen, Jake) 25 Filed: 01/12/2022 Entered: 01/13/2022 bond Docket Text: SURETY BOND in the amount of $10,000.00 posted by Oakley, Inc (Document not scanned). (jg, ) 26 Filed & Entered: 01/18/2022 order on motion for extension of time Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiffs' Motion to Extend the Temporary Restraining Order [23] is granted. Enter separate order. Mailed notice (ef, ) 27 Filed & Entered: 01/18/2022 order Docket Text: EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 1/18/2022. Mailed notice(ef, ) Filed & Entered: 01/20/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (jxj, ) 28 Filed & Entered: 01/26/2022Terminated: 02/18/2022 motion for preliminary injunction Docket Text: MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Attachments: # (1) Exhibit A)(Christensen, Jake) 29 Filed & Entered: 01/26/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[28] (Attachments: # (1) Declaration of Jake M. Christensen, # (2) Exhibit 1)(Christensen, Jake) 30 Filed & Entered: 01/26/2022 summons returned executed Docket Text: SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 1/26/2022, answer due 2/16/2022. (Attachments: # (1) Declaration of Thomas J. Juettner, # (2) Exhibit A)(Juettner, Thomas) 31 Filed & Entered: 02/07/2022 order on motion for preliminary injunction Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [28] for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 2/14/2022." Plaintiff must file proof of service of the Court's statement within two business days of service. Mailed notice (ef, ) 32 Filed & Entered: 02/10/2022 certificate of service Docket Text: CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding order on motion for preliminary injunction,,, terminate deadlines and hearings,,, set motion and R&R deadlines/hearings,, [31] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 33 Filed & Entered: 02/18/2022 order on motion for preliminary injunction Docket Text: MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction [28] is granted. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [30] [32] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided [31] the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice (ef, ) 34 Filed & Entered: 02/18/2022 preliminary injunction Docket Text: PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 2/18/2022. Mailed notice(ef, ) Filed & Entered: 02/23/2022 party added Docket Text: NEW PARTIES: Wenzhou Yazhou Glasses Co., Ltd, Xiamen Evolution Supply Chain Management Co., Ltd, Sunglasses Factory Store, Tech Riding Store, Outdoor bravers Store, OZO BIKE CLUB Store, WhatsAp+8617745107151 Store, DplusGoggles, SLRMKK, Dingfan_shop, WJ Usstore, bobeipu, Fzbingshang, yakuda Store, zhongtl129227 Store, goodluck686 Store, tongce Store, haohi Store, bailu11 Store, small_commodities Store, fashion_luxury_item Store, networkgod Store, superniceme and supersaleskin added to case caption. (Ziegler, Amy) 35 Filed & Entered: 02/23/2022Terminated: 03/10/2022 motion for entry of default 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 (Attachments: # (1) Exhibit A)(Christensen, Jake) 36 Filed & Entered: 02/23/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[35] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 37 Filed & Entered: 02/23/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36] (Attachments: # (1) Exhibit 1)(Christensen, Jake) 38 Filed & Entered: 03/01/2022 terminate deadlines and hearings Docket Text: MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [35] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 3/9/2022. If no objections are filed by that date, the court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within two business days of its entry on the docket and must file proof of service within three business of service being effected. Mailed notice (ef, ) 39 Filed & Entered: 03/01/2022 certificate Docket Text: CERTIFICATE of Service regarding order on motion for default and default judgment against all defendants and setting objection deadline, [38] (Attachments: # (1) Exhibit 1)(Juettner, Thomas) 40 Filed & Entered: 03/10/2022 order on motion for entry of default Docket Text: ORDER signed by the Honorable John F. Kness on 3/10/2022: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment, despite the Court having provided them with the opportunity to do so. See Dkt. 38. Accordingly, the motion [35] is granted. Because Defendants directly target their business activities toward consumers in the United States, including Illinois, this Court has personal jurisdiction over the Defendants. Am. Bridal & Prom Indus. Ass'n v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 192 F. Supp. 3d 924, 934 (N.D. Ill. 2016). Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction is warranted, and Plaintiff is awarded profits from Defendants based on their infringing conduct. Enter Final Judgment Order. Civil case terminated. Mailed notice(ef, ) 41 Filed & Entered: 03/10/2022 order Docket Text: FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 3/10/2022. Mailed notice(ef, ) 42 Filed & Entered: 03/10/2022 text entry Docket Text: MINUTE entry before the Honorable John F. Kness: The ten thousand dollar ($10,000) surety bond posted by Plaintiff is hereby released to Plaintiff or its counsel. 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, Greer, Burns & Crain, Ltd., 300 S. Wacker Dr., Suite 2500, Chicago, IL 60606, via certified mail. Mailed notice (ef, ) 43 Filed & Entered: 03/11/2022 satisfaction of judgment Docket Text: FULL SATISFACTION of Judgment regarding order[41] in the amount of the Judgment Amount as to certain defendants (Christensen, Jake) 44 Filed & Entered: 03/15/2022 Patent/Trademark report Docket Text: MAILED patent report with certified copy of order dated 3/10/2022 to Patent Trademark Office, Alexandria VA (jn, ) 45 Filed & Entered: 03/25/2022 satisfaction of judgment Docket Text: FULL SATISFACTION of Judgment regarding order[41] in the amount of the Judgment Amount as to certain defendant (Christensen, Jake) Filed & Entered: 03/30/2022 mailed Docket Text: MAILED original ten-thousand-dollar ($10,000) surety bond posted by Oakley, Inc., Amy Crout Ziegler of Greer, Burns & Crain, Ltd. 300 S. Wacker Drive, Suite 2500 Chicago IL. 60606 via certified mail # 7019 2280 0000 0962 6800. (jn, ) 46 Filed & Entered: 04/08/2022 satisfaction of judgment Docket Text: FULL SATISFACTION of Judgment regarding order[41] in the amount of the Judgment Amount as to certain defendants (Christensen, Jake) 47 Filed: 04/18/2022 Entered: 04/19/2022 return Docket Text: RETURN of U.S. Post Office Receipt, article no. 7019 2280 0000 0962 6800. (jg, ) 48 Filed & Entered: 08/19/2022 satisfaction of judgment Docket Text: FULL SATISFACTION of Judgment regarding order[41] in the amount of the Judgment Amount as to certain defendant (Christensen, Jake)
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