2022-cv-61945

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16035799, filed by LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Ray-Ban Trademarks

Exhibit 2 to Complaint Certificates of Registration for the Oakley Trademarks

Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Complaint and Exhibits

Corporate Disclosure Statement by LUXOTTICA GROUP S.p.A., OAKLEY, INC. identifying Corporate Parent EssilorLuxottica S.A. for LUXOTTICA GROUP S.p.A. (Wiborg-Rodriguez, T.)

Plaintiff's MOTION to Seal per Local Rule 5.4 by LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Text of Proposed Order

ORDER granting [5] Motion to File Under Seal. Signed by Chief Judge Cecilia M. Altonaga on 10/21/2022. See attached document for full details. (ps1)

Order (Text entry; no document attached.)

ORDER granting [8] Ex Parte Motion for Order Authorizing Alternate Service of Process on Defendants. Signed by Chief Judge Cecilia M. Altonaga on 10/25/2022. See attached document for full details. (ps1)

Order (Text entry; no document attached.)

Plaintiff's MOTION To Unseal by LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Text of Proposed Order

Clerk's Notice to Filer re 13 Miscellaneous Relief. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs.

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by LUXOTTICA GROUP S.p.A., OAKLEY, INC.

Exhibit 1 to Amended Complaint Certificates of Registration for the Ray-Ban Tra

Exhibit 2 to Amended Complaint Certificates of Registration for the Oakley Trad

NOTICE of Filing Proposed Summons(es) by LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [11] Order on Ex Parte Motion

Proposed Summonses

Summons Issued as to a2oshop.com and all other Defendants identified in Schedule "A" hereto.

ORDER granting [13] Motion to Unseal Document. The Clerk of Court is DIRECTED to unseal all docket entries in this case and place them on the public docket. Signed by Chief Judge Cecilia M. Altonaga on 10/28/2022. See attached document for full details. (ps1)

CLERK'S NOTICE of Compliance by Unsealing documents 7, 8, 9, 10 & 12 pursuant to 18 Order.

NOTICE by LUXOTTICA GROUP S.p.A., OAKLEY, INC. of Identification of Additional PayPal Account for Defendant Number 3

Declaration of Kathleen Burns in Support Thereof

Exhibit 1 to the Declaration of Kathleen Burns

NOTICE by LUXOTTICA GROUP S.p.A., OAKLEY, INC. of Identification of Additional PayPal Account for Defendant Number 3

Declaration of Kathleen Burns in Support Thereof

Exhibit 1 to the Declaration of Kathleen Burns

NOTICE by LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [18] Order on Motion to Unseal Document, [10] Order on Ex Parte Motion, [1] Complaint, [6] Order on Motion to Seal, [7] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, [15] Amended Complaint/Amended Notice of Removal, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by LUXOTTICA GROUP S.p.A., OAKLEY, INC. re [12] Sealed Document, [18] Order on Motion to Unseal Document, [13] Motion to Unseal Document, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [10] Order on Ex Parte Motion, [1] Complaint, [2] Clerk's Notice of Judge Assignment, [11] Order on Ex Parte Motion, [6] Order on Motion to Seal, [3] Form AO 120/121, [16] Notice of Filing Proposed Summons(es), [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [7] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, [15] Amended Complaint/Amended Notice of Removal, [9] Sealed Document, [8] Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof upon Defendants via website posting

PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 11/4/2022 re 7 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof filed by OAKLEY, INC., LUXOTTICA GROUP S.p.A. Total time in court: 10 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Quanincia Hill, 305-523-5634 / Quanincia_Hill@flsd.uscourts.gov.

ORDER granting 7 Plaintiffs' Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets. Signed by Chief Judge Cecilia M. Altonaga on 11/4/2022. See attached document for full details.

ORDER re 23 Certificate of Service filed by OAKLEY, INC., LUXOTTICA GROUP S.p.A. Plaintiffs shall submit a motion for entry of Clerks default no later than January 6, 2023. Signed by Chief Judge Cecilia M. Altonaga on 1/3/2023. See attached document for full details. (ps1)

SUMMONS (Affidavit) Returned Executed on 1 Complaint, 15 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by OAKLEY, INC., LUXOTTICA GROUP S.p.A. a2oshop.com served on 11/1/2022, response/answer due 11/22/2022; aldonice.com served on 11/1/2022, response/answer due 11/22/2022; annaonline.store served on 11/1/2022, response/answer due 11/22/2022; cmolk.com served on 11/1/2022, response/answer due 11/22/2022; cocosfy.com served on 11/1/2022, response/answer due 11/22/2022; dallshoes.com served on 11/1/2022, response/answer due 11/22/2022; eyescolours.com served on 11/1/2022, response/answer due 11/22/2022; perfectkick.org served on 11/1/2022, response/answer due 11/22/2022; prdppe.com served on 11/1/2022, response/answer due 11/22/2022.

Affidavit of Service

(Affidavit of Service)

NOTICE by LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 25 Order on Ex Parte Motion, upon Defendants via Electronic Mail

(Exhibit Certificate of Sevice)

CERTIFICATE OF SERVICE by LUXOTTICA GROUP S.p.A., OAKLEY, INC. re 25 Order on Ex Parte Motion, upon Defendants via website posting

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations, a2oshop.com, aldonice.com, annaonline.store, cmolk.com, cocosfy.com, dallshoes.com, eyescolours.com, perfectkick.org, prdppe.com by OAKLEY, INC., LUXOTTICA GROUP S.p.A.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk's Entry of Default

(Text of Proposed Order)

Clerk's Entry of Default as to a2oshop.com, aldonice.com, annaonline.store, cmolk.com, cocosfy.com, dallshoes.com, eyescolours.com, perfectkick.org, prdppe.com - Motions Terminated: 30 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 1/9/2023.

ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE. Response due by 1/16/2023. Signed by Chief Judge Cecilia M. Altonaga on 1/9/2023. See attached document for full details.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Luxottica Group S.p.A., Oakley, Inc.

Declaration of Jason Groppe in Support Thereof

Exhibit 1 to the Declaration of Jason Groppe

Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof

Text of Proposed Order Granting Motion for Final Default Judgment

(Text of Proposed Order Final Default Judgment and Permanent Injunction)(Wiborg-Rodriguez, T.)

ORDER granting 33 Motion for Final Default Judgment. Signed by Chief Judge Cecilia M. Altonaga on 1/31/2023. See attached document for full details. (ps1)

FINAL JUDGMENT in favor of Luxottica Group S.p.A., Oakley, Inc. against The Individuals, Business Entities, and Unincorporated Associations, a2oshop.com, aldonice.com, annaonline.store, cmolk.com, cocosfy.com, dallshoes.com, eyescolours.com, perfectkick.org, prdppe.com. Closing Case. Signed by Chief Judge Cecilia M. Altonaga on 1/31/2023. See attached document for full details. (ps1)