Case number 1:22-cv-06100
Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Feb 10, 2023 | 51 | DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 2/10/2023: Mailed notice (jk2, ) (Entered: 02/10/2023) (10) |
| Feb 10, 2023 | 50 | ORDER: The court has not received any objections to plaintiff's motion for entry of default and default judgment 46 . The court therefore grants plaintiff's motion for entry of default and default judgment 46 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 defendants are liable for patent infringement, 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, Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Civil case terminated. Signed by the Honorable Martha M. Pacold on 2/10/2023. Mailed notice (rp, ) (Entered: 02/10/2023) (1) |
| Feb 2, 2023 | 49 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A 44 is granted. Defendants No. 11 HEKXIN Store, No. 45 FEISEDY, No. 46 FURISHQI, and No. 49 OuShiun optical are dismissed. The court takes the motion for default and default judgment 46 under advisement. Any defendant objecting to plaintiff's motion for entry of default and default judgment 46 must enter an appearance and file a written objection by 2/9/2023. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. (rao, ) (Entered: 02/02/2023) (1) |
| Jan 31, 2023 | 48 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 47 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 01/31/2023) (0) |
| Jan 31, 2023 | 47 | MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 46 (Attachments: # 1 Exhibit 1)(Christensen, Jake) (Entered: 01/31/2023) (0) |
| Jan 31, 2023 | 46 | 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) (Entered: 01/31/2023) (0) |
| Jan 31, 2023 | 45 | AMENDED exhibit 2 Amended Schedule A (Christensen, Jake) (Entered: 01/31/2023) (2) |
| Jan 31, 2023 | 44 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) (Entered: 01/31/2023) (2) |
| Jan 6, 2023 | 43 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 41 is granted. Defendant No. 44 bruno dunn glasses is dismissed. (rao, ) (Entered: 01/06/2023) (1) |
| Jan 5, 2023 | 42 | AMENDED exhibit 2 Amended Schedule A (Christensen, Jake) (Entered: 01/05/2023) (2) |
| Jan 5, 2023 | 41 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) (Entered: 01/05/2023) (2) |
| Dec 29, 2022 | 40 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022) (1) |
| Dec 21, 2022 | 39 | ORDER: 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 17 , and the TRO 22 . 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. Signed by the Honorable Martha M. Pacold on 12/21/2022: Mailed notice (daj, ) (Entered: 12/21/2022) (1) |
| Dec 21, 2022 | 38 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 12/21/2022: (rao, ) (Entered: 12/21/2022) (10) |
| Dec 21, 2022 | 37 | MINUTE entry before the Honorable Martha M. Pacold: 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 17 , and the TRO 22 . 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. (rao, ) (Entered: 12/21/2022) (1) |
| Dec 19, 2022 | 36 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint 34 is granted. Defendant No. 50 PORADAY is dismissed. (rao, ) (Entered: 12/19/2022) (1) |
| Dec 16, 2022 | 35 | AMENDED exhibit 2 Amended Schedule A (Christensen, Jake) (Entered: 12/16/2022) (2) |
| Dec 16, 2022 | 34 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) (Entered: 12/16/2022) (2) |
| Dec 9, 2022 | 33 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend the Schedule A 28 is granted. 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 12/19/2022. Plaintiff shall serve defendants with this notice. (rao, ) (Entered: 12/09/2022) (1) |
| Dec 8, 2022 | 32 | SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/8/2022, answer due 12/29/2022. (Attachments: # 1 Declaration of Thomas J. Juettner, # 2 Exhibit A)(Juettner, Thomas) (Entered: 12/08/2022) (0) |
| Dec 8, 2022 | 31 | MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 30 (Attachments: # 1 Declaration of Jake M. Christensen, # 2 Exhibit 1)(Christensen, Jake) (Entered: 12/08/2022) (0) |
| Dec 8, 2022 | 30 | MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 12/08/2022) (0) |
| Dec 8, 2022 | 29 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Amended Schedule A regarding MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter 28 (Christensen, Jake) (Entered: 12/08/2022) (0) |
| Dec 8, 2022 | 28 | MOTION by Plaintiff Oakley, Inc.for Leave to Amend Schedule A to the Complaint Instanter (Christensen, Jake) (Entered: 12/08/2022) (2) |
| Nov 29, 2022 | 27 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the temporary restraining order 25 is granted. Under Rule 65(b)(2), the court finds good cause to extend the TRO for an additional 14 days to prevent defendants from moving any assets from accounts in U.S. based financial institutions to offshore accounts. The court's TRO 22 entered on 11/14/2022 is extended until 12/12/2022. (rao, ) (Entered: 11/29/2022) (1) |
| Nov 28, 2022 | 25 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Christensen, Jake) (Entered: 11/28/2022) (1) |
| Nov 28, 2022 | 26 | MEMORANDUM by Oakley, Inc. in support of extension of time 25 (Attachments: # 1 Declaration of Jake M. Christensen)(Christensen, Jake) (Entered: 11/28/2022) (0) |
| Nov 22, 2022 | 24 | SURETY BOND in the amount of $10,000.00 posted by Oakley, Inc. (Document not scanned). (lxk, ) (Entered: 11/22/2022) (1) |
| Nov 21, 2022 | 23 | DOCUMENT ENTERED IN ERROR.(mjc, ) (Entered: 11/21/2022) (1) |
| Nov 14, 2022 | 22 | TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/14/2022: (rao, ) Modified on 12/21/2022 (daj, ). (Entered: 11/14/2022) (10) |
| Nov 14, 2022 | 21 | 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 motion for leave to file under seal 4 is granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 and motion for electronic service of process 18 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 plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 timely 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, ) (Entered: 11/14/2022) (2) |
| Nov 11, 2022 | 20 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 11/11/2022) (0) |
| Nov 11, 2022 | 19 | MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief 18 (Gaudio, Justin) (Entered: 11/11/2022) (5) |
| Nov 11, 2022 | 18 | MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 11/11/2022) (1) |
| Nov 11, 2022 | 17 | EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-2 regarding declaration 16 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) Modified on 12/21/2022 (daj, ). (Entered: 11/11/2022) (0) |
| Nov 11, 2022 | 16 | DECLARATION of Jason Groppe regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 11/11/2022) (0) |
| Nov 11, 2022 | 15 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 11/11/2022) (0) |
| Nov 11, 2022 | 14 | MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order 13 (Gaudio, Justin) (Entered: 11/11/2022) (15) |
| Nov 11, 2022 | 13 | MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 11/11/2022) (2) |
| Nov 7, 2022 | 12 | MAILED patent report to Patent Trademark Office, Alexandria VA. (aee, ) (Entered: 11/07/2022) (1) |
| Nov 3, 2022 | 11 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) (Entered: 11/03/2022) (1) |
| Nov 3, 2022 | 10 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) (Entered: 11/03/2022) (1) |
| Nov 3, 2022 | 9 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) (Entered: 11/03/2022) (1) |
| Nov 3, 2022 | 8 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) (Entered: 11/03/2022) (1) |
| Nov 3, 2022 | 7 | Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) (Entered: 11/03/2022) (3) |
| Nov 3, 2022 | 6 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) (Entered: 11/03/2022) (1) |
| Nov 3, 2022 | 5 | CIVIL Cover Sheet (Gaudio, Justin) (Entered: 11/03/2022) (1) |
| Nov 3, 2022 | 4 | MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) (Entered: 11/03/2022) (2) |
| Nov 3, 2022 | 3 | EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-2 regarding complaint 1 (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2)(Gaudio, Justin) Modified on 12/21/2022 (daj, ). (Entered: 11/03/2022) (0) |
| Nov 3, 2022 | 2 | EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint 1 (Gaudio, Justin) Modified on 12/21/2022 (daj, ). (Entered: 11/03/2022) (2) |
| Nov 3, 2022 | 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. (jb, ) 1 Filed & Entered: 11/03/2022 complaint Docket Text: COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20012185. (Attachments: # (1) Exhibit 2, # (2) Exhibit 3, # (3) Exhibit 4, # (4) Exhibit 5)(Gaudio, Justin) 2 Filed & Entered: 11/03/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] (Gaudio, Justin) 3 Filed & Entered: 11/03/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-2 regarding complaint[1] (Attachments: # (1) Exhibit 1-1, # (2) Exhibit 1-2)(Gaudio, Justin) 4 Filed & Entered: 11/03/2022Terminated: 11/14/2022 motion for leave to file Docket Text: MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) 5 Filed & Entered: 11/03/2022 civil cover sheet Docket Text: CIVIL Cover Sheet (Gaudio, Justin) 6 Filed & Entered: 11/03/2022 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) 7 Filed & Entered: 11/03/2022 other Docket Text: Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) 8 Filed & Entered: 11/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) 9 Filed & Entered: 11/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) 10 Filed & Entered: 11/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) 11 Filed & Entered: 11/03/2022 attorney appearance Docket Text: ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) 12 Filed & Entered: 11/07/2022 Patent/Trademark report Docket Text: MAILED patent report to Patent Trademark Office, Alexandria VA. (aee, ) 13 Filed & Entered: 11/11/2022Terminated: 11/14/2022 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) 14 Filed & Entered: 11/11/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[13] (Gaudio, Justin) 15 Filed & Entered: 11/11/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 16 Filed & Entered: 11/11/2022 declaration Docket Text: DECLARATION of Jason Groppe regarding memorandum in support of motion[14] (Attachments: # (1) Exhibit 1)(Gaudio, Justin) 17 Filed & Entered: 11/11/2022 exhibit Docket Text: SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-2 regarding declaration[16] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 18 Filed & Entered: 11/11/2022Terminated: 11/14/2022 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) 19 Filed & Entered: 11/11/2022 memorandum in support of motion Docket Text: MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[18] (Gaudio, Justin) 20 Filed & Entered: 11/11/2022 declaration Docket Text: DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Gaudio, Justin) 21 Filed & Entered: 11/14/2022 order on motion for leave to file 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 motion for leave to file under seal [4] is granted. Plaintiff's motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [13] and motion for electronic service of process [18] 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 plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, 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 timely 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, ) 22 Filed & Entered: 11/14/2022 SEALED Order Docket Text: SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 11/14/2022: (rao, ) Filed & Entered: 11/16/2022 summons issued Docket Text: SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (smb, ) |
| Nov 3, 2022 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jb, ) |
| Nov 3, 2022 | 1 | Complaint* (1) |
