Case number 1:23-cv-15752
Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jun 27, 2024 | 60 | RETURN of Service of certified receipt # 7001 2510 0005 7681 6405 from Justin R. Guadio. (Received by Clerk's Office Mail Roon on 6/27/24). (gcy, ) (Entered: 06/27/2024) (0) |
| May 6, 2024 | N/A | MAILED original ten-thousand-dollar ($10,000) surety bond posted by Oakley, Inc to Justin R. Gaudio Greer Burns & Crain Ltd 300 South Wacker Drive Suite 2500 Chicago, IL 60606 via certified mail # 7001 2510 0005 7681 6405 (emc, ) (Entered: 05/06/2024) (0) |
| May 2, 2024 | 59 | MAILED patent report with copy of minute order dated 5/2/2024 to Patent Trademark Office, Alexandria VA (emc, ) (Entered: 05/02/2024) (0) |
| May 2, 2024 | 58 | ENTERED JUDGMENT Mailed notice (cc, ) (Entered: 05/02/2024) (2) |
| May 2, 2024 | 57 | FINAL JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 5/2/2024. Mailed notice (cc, ) (Entered: 05/02/2024) (0) |
| May 2, 2024 | 56 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for default judgment 44 is granted. Judgment is entered against each remaining defendant as set forth in the accompanying judgment order. All pending deadlines and hearings are stricken. Enter Final Judgment Order. Civil case terminated. Mailed notice (cc, ) (Entered: 05/02/2024) (0) |
| Mar 5, 2024 | 55 | CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding text entry,,, 54 (Attachments: # 1 Exhibit A)(Lakovitsky, Berel) (Entered: 03/05/2024) (0) |
| Mar 5, 2024 | 54 | MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion 44 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, an order of 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 3/13/24. 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 one business day of its entry on the docket and must promptly file proof of that service. Mailed notice (cc, ) (Entered: 03/05/2024) (1) |
| Feb 29, 2024 | 53 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Lakovitsky, Berel) (Entered: 02/29/2024) (0) |
| Feb 22, 2024 | 52 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Lakovitsky, Berel) (Entered: 02/22/2024) (0) |
| Jan 30, 2024 | 51 | CONSENT JUDGMENT Signed by the Honorable Jeffrey I Cummings on 1/30/2024. Mailed notice(cc, ) (Entered: 01/30/2024) (3) |
| Jan 30, 2024 | 50 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's agreed motion for entry of a consent judgment 43 as to defendant no. 57 (Elleryy) is granted. Enter Consent Judgment. Mailed notice (cc, ) (Entered: 01/30/2024) (0) |
| Jan 25, 2024 | 49 | MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' motion for extension of time to answer or otherwise plead 48 is granted. Defendants No. 47, 52, 53, and 55 to answer or otherwise plead by 2/12/24. Mailed notice (cc, ) (Entered: 01/25/2024) (0) |
| Jan 22, 2024 | 48 | MOTION by Defendants MLLIQUEA shoe industr, Super Technology, Voe Outdoor Sports, Xinyu Chaofan for extension of time to file answer regarding complaint 1 (Keleher, Christopher) (Entered: 01/22/2024) (3) |
| Jan 22, 2024 | 47 | ATTORNEY Appearance for Defendants MLLIQUEA shoe industr, Super Technology, Voe Outdoor Sports, Xinyu Chaofan by Christopher Paul Keleher (Keleher, Christopher) (Entered: 01/22/2024) (0) |
| Jan 17, 2024 | 46 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 45 (Attachments: # 1 Exhibit 1)(Lakovitsky, Berel) (Entered: 01/17/2024) (0) |
| Jan 17, 2024 | 45 | MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 44 (Attachments: # 1 Exhibit 1)(Lakovitsky, Berel) (Entered: 01/17/2024) (0) |
| Jan 17, 2024 | 44 | MOTION by Plaintiff Oakley, Inc. for entry of default as to Certain Defendants , MOTION by Plaintiff Oakley, Inc. for default judgment as to Certain Defendants (Attachments: # 1 Exhibit A)(Lakovitsky, Berel) (Entered: 01/17/2024) (0) |
| Jan 17, 2024 | 43 | MOTION by Plaintiff Oakley, Inc. to approve consent judgment as to Defendant No. 57 (Attachments: # 1 Exhibit A)(Lakovitsky, Berel) (Entered: 01/17/2024) (0) |
| Jan 17, 2024 | 42 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to Certain Defendants (Lakovitsky, Berel) (Entered: 01/17/2024) (0) |
| Jan 4, 2024 | 41 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Lakovitsky, Berel) (Entered: 01/04/2024) (0) |
| Jan 4, 2024 | N/A | NEW PARTIES: 6687YJTD Optical Shop Store, OCYCO Eyewear Store, Zowie Store, A107FUSQBWL90Z, A2URT0O8BA7PYN, A3A4LJ7JZTRIOD, A3RY220FWYYOH3, AF4OBLM6YJBE8, AQO2BN0ONWAFX, AYCJB2KU31VC1, CHSDFVJSWIJOGIIGER, dujiqushengming-ys, FBG-US, foshanshinanhaiquqilanxingshangmaoyouxiangongsi, hanjiakungeg, JUFANXI, kuangqianduji, LVToffice, pengjiangquanximaoyishanghang, Today93, tongwangshangmaohang-ys, tronger, weidianjiaju-ys, xingyexianlonganzhenjunyongpijuxiaoshoudian, XiQiBaiHuo, xuzhoulanchiwangluokejiyouxiangongsi, xxgxmj, zhigoupanlongqu, surprises, wandou12, bluebeauty2020, bluecutestore, bluecute-store, blueeyeblingstore, haorich, loquatwang, baozou, GreeTree, hi amy, IVERSION, Little carp, Love Beauty Life, MLLIQUEA shoe industr, Motion glasses, New collaboration room, Sherry Selection, sunshine mall, Super Technology, Voe Outdoor Sports, WINDWALKER, Xinyu Chaofan, XMSM and Elleryy added to case caption. (Lakovitsky, Berel) (Entered: 01/04/2024) (0) |
| Jan 3, 2024 | 40 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Jeffrey I Cummings on 1/3/2024. Mailed notice (ec) (Entered: 01/03/2024) (9) |
| Jan 3, 2024 | 39 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for a preliminary injunction 28 is granted. Plaintiff's filings establish that it 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 that it provided electronic notice to defendants of the pendency of this case and the pending motion, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. The 1/5/24 tracking status hearing is stricken. Mailed notice (ec) (Entered: 01/03/2024) (0) |
| Dec 28, 2023 | 38 | 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 12/28/2023: Mailed notice. (tg, ) (Entered: 12/28/2023) (0) |
| Dec 22, 2023 | 37 | MINUTE entry before the Honorable Jeffrey I Cummings: Attorney Jake M. Christensen's motion to withdraw as attorney for plaintiff 35 is granted. Jake M. Christensen is terminated as counsel for plaintiff. Mailed notice (cc, ) (Entered: 12/22/2023) (0) |
| Dec 21, 2023 | 36 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants (Lakovitsky, Berel) (Entered: 12/21/2023) (0) |
| Dec 21, 2023 | 35 | MOTION by Attorney Jake M. Christensen to withdraw as attorney for Oakley, Inc.. No party information provided (Lakovitsky, Berel) (Entered: 12/21/2023) (0) |
| Dec 20, 2023 | 34 | CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding order on motion for preliminary injunction,,,,, text entry,,,, 33 (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 12/20/2023) (0) |
| Dec 19, 2023 | 33 | MINUTE entry before the Honorable Jeffrey I Cummings:Before the Court is plaintiff's motion for entry of a preliminary injunction 28 . In connection with that motion, 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 by or before December 29, 2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's order order entering the TRO, the TRO is extended to and including the date upon which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed.R.Civ.P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice (cc, ) (Entered: 12/19/2023) (1) |
| Dec 19, 2023 | 32 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Berel Yonathan Lakovitsky (Lakovitsky, Berel) (Entered: 12/19/2023) (0) |
| Dec 14, 2023 | 29 | MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 28 (Attachments: # 1 Declaration of Jake M. Christensen, # 2 Exhibit 1)(Christensen, Jake) (Entered: 12/14/2023) (0) |
| Dec 14, 2023 | 30 | MINUTE entry before the Honorable Jeffrey I Cummings: The 12/15/23 tracker status hearing is stricken and re-set to 1/5/24 at 9:00 a.m. (to track the case only; no appearance is required). Mailed notice (cc, ) (Entered: 12/14/2023) (0) |
| Dec 14, 2023 | 31 | SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/14/2023, answer due 1/4/2024. (Attachments: # 1 Declaration of Thomas J. Juettner, # 2 Exhibit A)(Juettner, Thomas) (Entered: 12/14/2023) (0) |
| Dec 14, 2023 | 28 | MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Attachments: # 1 Exhibit A)(Christensen, Jake) (Entered: 12/14/2023) (0) |
| Dec 14, 2023 | 27 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to Certain Defendants (Christensen, Jake) (Entered: 12/14/2023) (0) |
| Dec 4, 2023 | 26 | SURETY BOND in the amount of $ 10,000 posted by Oakley, Inc. (Document not imaged) (daj, ) (Entered: 12/05/2023) (0) |
| Dec 1, 2023 | 25 | EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable Jeffrey I Cummings on 12/1/2023. Mailed notice. (exr, ) (Entered: 12/01/2023) (0) |
| Dec 1, 2023 | 24 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's ex parte motion to extend the temporary restraining order 22 is granted. Enter Order. Mailed notice. (exr, ) (Entered: 12/01/2023) (0) |
| Dec 1, 2023 | 23 | MEMORANDUM by Oakley, Inc. in support of extension of time 22 (Attachments: # 1 Declaration of Jake M. Christensen)(Christensen, Jake) (Entered: 12/01/2023) (0) |
| Dec 1, 2023 | 22 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Christensen, Jake) (Entered: 12/01/2023) (0) |
| Nov 30, 2023 | N/A | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (evw, ) (Entered: 11/30/2023) (0) |
| Nov 21, 2023 | 21 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Jeffrey I Cummings on 11/21/2023. Mailed notice(cc, ) (Entered: 11/21/2023) (0) |
| Nov 21, 2023 | 20 | MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for leave to file under seal 4 , ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 12 , and motion for electronic service of process 17 are granted. Plaintiff's submissions 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 file under seal the documents identified in the motion to seal and appearing at docket entries 2 , 3 , and 16 . 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 on an ex parte basis at this time. Specifically, and as noted above, were defendants to be informed of this proceeding before a TRO could issue, the Court finds that it is likely that their 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 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. Expedited discovery is warranted to identify defendants and to implement the asset freeze. Enter Sealed Temporary Restraining Order. Status hearing is set for 12/15/23 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) (Entered: 11/21/2023) (2) |
| Nov 10, 2023 | 19 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 11/10/2023) (0) |
| Nov 10, 2023 | 18 | MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief 17 (Gaudio, Justin) (Entered: 11/10/2023) (0) |
| Nov 10, 2023 | 17 | MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 11/10/2023) (1) |
| Nov 10, 2023 | 16 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-3 regarding declaration 15 (Attachments: # 1 Exhibit 2-1, # 2 Exhibit 2-2, # 3 Exhibit 2-3)(Gaudio, Justin) (Entered: 11/10/2023) (0) |
| Nov 10, 2023 | 15 | DECLARATION of Jason Groppe regarding memorandum in support of motion 13 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 11/10/2023) (0) |
| Nov 10, 2023 | 14 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 11/10/2023) (0) |
| Nov 10, 2023 | 13 | MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order 12 (Gaudio, Justin) (Entered: 11/10/2023) (15) |
| Nov 10, 2023 | 12 | MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 11/10/2023) (0) |
| Nov 8, 2023 | N/A | 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. (jcm) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | N/A | CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). (jcm) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 11 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 10 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen (Christensen, Jake) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 9 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 8 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) (Entered: 11/08/2023) (1) |
| Nov 8, 2023 | 7 | Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 6 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 5 | CIVIL Cover Sheet (Gaudio, Justin) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 4 | MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) (Entered: 11/08/2023) (2) |
| Nov 8, 2023 | 3 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-3 regarding complaint 1 (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 1-3)(Gaudio, Justin) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 2 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 11/08/2023) (0) |
| Nov 8, 2023 | 1 | Complaint* (1) |
