Case number 1:24-cv-05452
Oakley, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 16, 2024 | 48 | DEFAULT JUDGMENT ORDER Signed by the Honorable Georgia N Alexakis on 9/16/2024.(ca, ) (Entered: 09/16/2024) (8) |
| Sep 16, 2024 | 47 | MINUTE entry before the Honorable Georgia N Alexakis: No defendant having objected after having been provided with notice 43 , plaintiff's motion for entry of default judgment 39 is granted. Enter default judgment order. No appearance required on 9/17/24. Civil case terminated. (ca, ) (Entered: 09/16/2024) (1) |
| Sep 5, 2024 | 46 | NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for entry of default, motion for default judgment 39 before Honorable Georgia N Alexakis on 9/17/2024 at 09:30 AM. (Attachments: # 1 Exhibit A)(Lakovitsky, Berel) (Entered: 09/05/2024) (0) |
| Aug 26, 2024 | 45 | MINUTE entry before the Honorable Sunil R. Harjani: In light of the case reassignment 44 , the default judgment hearing set for 8/29/2024 is stricken.Mailed notice (lxs, ) (Entered: 08/26/2024) (1) |
| Aug 23, 2024 | 44 | EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Georgia N. Alexakis; therefore IT IS HEREBY ORDERED that the attached list of 293 cases be reassigned to the Honorable Georgia N. Alexakis; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Georgia N. Alexakis' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; andIT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Georgia N. Alexakis to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Georgia N. Alexakis to the Court's criminal case assignment system twelve (12) months from the date of this order so that Judge Alexakis shall thereafter receive a full share of such cases. Case reassigned to the Honorable Georgia N Alexakis for all further proceedings. Honorable Sunil R. Harjani no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 8/23/2024.(tg, ) (Entered: 08/23/2024) (9) |
| Aug 16, 2024 | 43 | CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding terminate hearings,,,,, set/reset hearings,,,, 42 (Attachments: # 1 Exhibit A)(Lakovitsky, Berel) (Entered: 08/16/2024) (0) |
| Aug 16, 2024 | 42 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 39 for entry of default and default judgment against all remaining 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 8/23/2024. If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 8/23/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing as a separate entry on the docket. 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. A tentative default judgment hearing is set for 8/29/2024 at 9:15 a.m. Telephone status hearing set for 9/12/2024 is stricken. Mailed notice (lxs, ) (Entered: 08/16/2024) (1) |
| Aug 16, 2024 | 41 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 40 (Attachments: # 1 Exhibit 1)(Lakovitsky, Berel) (Entered: 08/16/2024) (0) |
| Aug 16, 2024 | 40 | MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 39 (Attachments: # 1 Exhibit 1)(Lakovitsky, Berel) (Entered: 08/16/2024) (0) |
| Aug 16, 2024 | 39 | 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)(Lakovitsky, Berel) (Entered: 08/16/2024) (0) |
| Aug 1, 2024 | 38 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant (Lakovitsky, Berel) (Entered: 08/01/2024) (1) |
| Jul 30, 2024 | N/A | NEW PARTIES: Beijing Jinshitongming Glasses Co., Ltd., Chongqing Deding Optical Technology Co., Ltd., Dongyang Aiyisi Jewelry Company Ltd., Guangzhou Yigou International Commerce And Trade Co., Ltd., Hangzhou Oem Bicycle & Electric Bike Co., Ltd., Ningbo Green Caravan Imp & Exp Co., Ltd., Shijiazhuang Maikesi Brace Technology Co., Ltd., Wenzhou Dongmao Optical Co., LTD, Yangzhou Ruili Sporting Goods Co., Ltd., Yiwu Crazy Happy Crafts Firm, Yiwu Green Shine Arts & Crafts Co., Ltd., Yiwu Haoya Glasses Co., Ltd., Yiwu Suki Glasses Co., Ltd., A2ITG4FXER5N6S, LXTHTENG, Seabird1, Xironghai, nctwayv7, ohyeah selection, Senlan Opticians and YW Glasses added to case caption. (Lakovitsky, Berel) (Entered: 07/30/2024) (0) |
| Jul 30, 2024 | 37 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Sunil R. Harjani on 7/30/2024. Mailed notice(lxs, ) (Entered: 07/30/2024) (9) |
| Jul 30, 2024 | 36 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's motion for a preliminary injunction 30 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 [33, 35] that it provided electronic notice to defendants of the pendency of this action and the 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. Because no preliminary injunction hearing has been requested, the preliminary injunction hearing tentatively set for 7/31/2024 is stricken. Summons was issued on 7/8/2024, and Defendants' responses to the complaint are due by 8/14/2024. Plaintiff should file any motion for entry of default and default judgment by 9/4/2024. If there are any remaining defendants whom default and default judgment are not being sought, Plaintiff is ordered to file a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. A telephone status hearing is set for 9/12/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 07/30/2024) (2) |
| Jul 25, 2024 | 35 | CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding terminate hearings,,,, set/reset hearings,,, 34 (Attachments: # 1 Exhibit A)(Lakovitsky, Berel) (Entered: 07/25/2024) (0) |
| Jul 25, 2024 | 34 | MINUTE entry before the Honorable Sunil R. Harjani: Before the Court is plaintiff's motion 30 for entry of a preliminary injunction. 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 7/29/2024." If no objections are filed by that date, the Court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by 7/29/2024. A hearing, to be conducted via teleconferencing, may be requested by filing a Request for Hearing. 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. The telephone status hearing set for 7/31/2024 at 9:15 a.m. is converted to a tentative preliminary injunction hearing. Mailed notice (lxs, ) (Entered: 07/25/2024) (1) |
| Jul 24, 2024 | 33 | SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/24/2024, answer due 8/14/2024. (Attachments: # 1 Declaration of Thomas J. Juettner, # 2 Exhibit A)(Juettner, Thomas) (Entered: 07/24/2024) (0) |
| Jul 24, 2024 | 32 | DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion 31 (Attachments: # 1 Exhibit 1)(Lakovitsky, Berel) (Entered: 07/24/2024) (0) |
| Jul 24, 2024 | 31 | MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 30 (Lakovitsky, Berel) (Entered: 07/24/2024) (5) |
| Jul 24, 2024 | 30 | MOTION by Plaintiff Oakley, Inc. for preliminary injunction (Attachments: # 1 Exhibit A)(Lakovitsky, Berel) (Entered: 07/24/2024) (0) |
| Jul 11, 2024 | 29 | MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order 26 is granted. For the reasons stated in Plaintiff's Memorandum 27 , the Court finds good cause to extend the temporary restraining order an additional 14 days to 7/31/2024. Plaintiff shall file a preliminary injunction motion if appropriate no later than 7/24/2024. Telephone status hearing set for 7/17/2024 is stricken and reset to 7/31/2024 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 07/11/2024) (1) |
| Jul 10, 2024 | 28 | DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion 27 (Lakovitsky, Berel) (Entered: 07/10/2024) (1) |
| Jul 10, 2024 | 27 | MEMORANDUM by Oakley, Inc. in support of extension of time 26 (Lakovitsky, Berel) (Entered: 07/10/2024) (2) |
| Jul 10, 2024 | 26 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order (Lakovitsky, Berel) (Entered: 07/10/2024) (1) |
| Jul 8, 2024 | N/A | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (khg, ) (Entered: 07/08/2024) (0) |
| Jul 3, 2024 | 25 | Registry Deposit Information Form by Oakley, Inc. (Lakovitsky, Berel) (Entered: 07/03/2024) (1) |
| Jul 3, 2024 | 23 | MINUTE entry before the Honorable Sunil R. Harjani: 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 13 , and motion for electronic service of process 18 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. 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 at 12:45 p.m. on 7/3/2024. Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) if appropriate no later than 7/10/2024. Telephone status hearing is set for 7/17/2024 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276##. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) (Entered: 07/03/2024) (2) |
| Jul 2, 2024 | 22 | DECLARATION of Justin R. Gaudio regarding memorandum 21 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gaudio, Justin) (Entered: 07/02/2024) (0) |
| Jul 2, 2024 | 21 | MEMORANDUM by Oakley, Inc. Establishing that Joinder is Proper (Gaudio, Justin) (Entered: 07/02/2024) (17) |
| Jul 2, 2024 | 20 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 07/02/2024) (0) |
| Jul 2, 2024 | 19 | MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief 18 (Gaudio, Justin) (Entered: 07/02/2024) (6) |
| Jul 2, 2024 | 18 | MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 07/02/2024) (2) |
| Jul 2, 2024 | 17 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration 16 (Gaudio, Justin) (Entered: 07/02/2024) (0) |
| Jul 2, 2024 | 16 | DECLARATION of Jason Groppe regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 07/02/2024) (0) |
| Jul 2, 2024 | 15 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 07/02/2024) (0) |
| Jul 2, 2024 | 14 | MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order 13 (Gaudio, Justin) (Entered: 07/02/2024) (15) |
| Jul 2, 2024 | 13 | MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 07/02/2024) (2) |
| Jul 1, 2024 | 12 | MAILED patent report to Patent Trademark Office, Alexandria VA. (jn,) (Entered: 07/01/2024) (8) |
| Jun 28, 2024 | 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. (daj, ) (Entered: 06/28/2024) (0) |
| Jun 28, 2024 | N/A | CASE ASSIGNED to the Honorable Sunil R. Harjani. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 1). (daj, ) (Entered: 06/28/2024) (0) |
| Jun 28, 2024 | 11 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner (Juettner, Thomas) (Entered: 06/28/2024) (1) |
| Jun 28, 2024 | 10 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Berel Yonathan Lakovitsky (Lakovitsky, Berel) (Entered: 06/28/2024) (1) |
| Jun 28, 2024 | 9 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler (Ziegler, Amy) (Entered: 06/28/2024) (1) |
| Jun 28, 2024 | 8 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio (Gaudio, Justin) (Entered: 06/28/2024) (1) |
| Jun 28, 2024 | 7 | Notice of Claims Involving Patents by Oakley, Inc. (Gaudio, Justin) (Entered: 06/28/2024) (3) |
| Jun 28, 2024 | 6 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. (Gaudio, Justin) (Entered: 06/28/2024) (2) |
| Jun 28, 2024 | 5 | CIVIL Cover Sheet (Gaudio, Justin) (Entered: 06/28/2024) (1) |
| Jun 28, 2024 | 4 | MOTION by Plaintiff Oakley, Inc. for leave to file under seal (Gaudio, Justin) (Entered: 06/28/2024) (2) |
| Jun 28, 2024 | 3 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint 1 (Gaudio, Justin) (Entered: 06/28/2024) (0) |
| Jun 28, 2024 | 2 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 06/28/2024) (0) |
| Jun 28, 2024 | 1 | COMPLAINT filed by Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-22191536. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Gaudio, Justin) (Entered: 06/28/2024) (0) |
