2022-cv-04578

2022-cv-04578 Luxottica Group S.P.A. et al v. The Partnerships and Unincorporated Associations Identified On Schedule A

Date :8/29/2022
Court :Northen District of Illinois
Law FirmGBC

#

Date

Document

1

Aug. 29, 2022

COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-19784788.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

2

Aug. 29, 2022

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint[1]

3

Aug. 29, 2022

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal

4

Aug. 29, 2022

CIVIL Cover Sheet

5

Aug. 29, 2022

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

6

Aug. 29, 2022

Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

7

Aug. 29, 2022

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio

8

Aug. 29, 2022

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler

9

Aug. 29, 2022

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Allyson M. Martin

10

Aug. 29, 2022

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Text entry; no document attached.)

11

Aug. 30, 2022

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

12

Aug. 30, 2022

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

13

Aug. 31, 2022

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery

14

Aug. 31, 2022

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for temporary restraining order, [13]

15

Aug. 31, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

16

Aug. 31, 2022

DECLARATION of Jason Groppe regarding memorandum in support of motion[14]

Exhibit 1

Exhibit 2

17

Aug. 31, 2022

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 3 - Parts 1-9 regarding declaration[16]

18

Aug. 31, 2022

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 4 regarding declaration[16]

19

Aug. 31, 2022

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

20

Aug. 31, 2022

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for miscellaneous relief[19]

21

Aug. 31, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

Exhibit 1

Exhibit 2

Exhibit 3

22

Sept. 2, 2022

MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, temporary transfer of the domain names, temporary asset restraint, and expedited discovery 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 are set for a telephonic motion hearing on 9/8/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

23

Sept. 8, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 9/8/2022. Plaintiffs' motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, temporary transfer of the domain names, temporary asset restraint, and expedited discovery 13, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 are granted. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint 2, (2) Exhibit 3 - Parts 1-9 to the Declaration of Jason Groppe 17, and Exhibit 4 to the Declaration of Jason Groppe 18. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 9:30 a.m. on 9/8/2022 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 9/22/2022 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

24

Sept. 8, 2022

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 9/8/2022.

25

Sept. 12, 2022

SURETY BOND in the amount of $ 10,000 posted by Luxottica Group S.p.A. (Document not imaged)

26

Sept. 19, 2022

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order

27

Sept. 19, 2022

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of extension of time 26

(Declaration of Allyson Martin)

28

Sept. 22, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 9/22/2022. Plaintiffs' ex parte motion to extend the temporary restraining order 26 is granted. The Court finds good cause to extend the temporary restraining order through 10/6/2022 pursuant to Fed. R. Civ. P. 65(b)(2). Telephonic status hearing set for 10/6/2022 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (jk2,) (Text entry; no document attached.)

29

Oct. 3, 2022

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction

(Exhibit A)

30

Oct. 3, 2022

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction 29

Declaration of Allyson M. Martin

(Exhibit 1)

31

Oct. 3, 2022

SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/3/2022, answer due 10/24/2022.

Declaration of Thomas J. Juettner

(Exhibit A)

32

Oct. 6, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 10/6/2022. For the reasons stated on the record, the Court grants Plaintiffs' motion for entry of a preliminary injunction [29]. Enter Preliminary Injunction Order. The Clerk of Court is directed to unseal: (1) Schedule A to the Complaint [2]; (2) Exhibit 3 - Parts 1-9 to the Declaration of Jason Groppe [17]; (3) Exhibit 4 to the Declaration of Jason Groppe [18]; and (4) the Sealed Temporary Restraining Order [24]. Greer, Burn, & Crain, LTD is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website www.ilnd.courts.com/instructions. Telephonic status hearing set for 11/29/2022 at 11:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

33

Oct. 6, 2022

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 10/6/2022. Mailed notice

34

Oct. 7, 2022

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendant

NEW PARTIES: Wuhan Jinteng Manufacturing & Trading Co., Ltd., Artinn World Luxuries & Glasses Store, CHENJIAHUA Huanwei Bicycle Official Store Store, Eagle eye Glasses Store, LH Outdoor supplies Store, Lier Company Store, Made 4 You Glasses Store, OUZEY Sports Store, Shop3616064 Store, SportsFun Sporting Store, TopFight Store, Traveler Store, V helmet Store, xiran Store, Yankki Outdoor Sports Store, Erin Coverdale, gangxidianmian, gdsrtesrt, GY SNAIL, leimishop, lianchangstore, LiMingJinAMZ, liuyanyan111, Love shops, meinanhanbaihuodian, Mhysa Mhysa, MINMEI, NingXiangShiJiaSuBaiHuoDian, pingtanlinzhichengdianzishangwufuwubu, qiyuancheng, RongXi-us, rrczhca, Sendery-tech, Sounova, Sun Rolling, USGREAT, UVBike, Wei Xuan, W'Shdao, WX USA, XiaoLanglang, XieShiQisfbv, Xingxh, fashionist Store, outlet_shop1 Store, carry-80, easy_easily, fuqilong, keeper-mall, novsu_chia, ourlifeshop, sheru.xs5, wang_eoytb, yifu884, Beauty factory, Lynn Crystal, raybanchina__factory, shoesrich3, Homecarall, 7A High-end quality factory custom products, raybon.shop, sportgolf.club, zedtn.shop, zedtn.shop, zwyasoidhaish, oakleyssunglasseswholesaleus.com, cheapoakleysunglassesofficial.us.com, rbcun.net, rbtad.com, ydvxz.shop, rbyku.com, rbymk.net, redditt.top, rbact.net, rbyth.com, nfknh.net, rbsmy.net, rbzqx.com, rbpmk.net, glassjs.shop, rbzwk.com, rbhqn.com, rbzpt.com, rbrsk.com, rbhys.net, rbyee.net, rbndt.com, rbyhn.com, rbakn.com, rbyza.com, rbxxp.com, rbsey.com, rbady.com, rbmyy.net, rbtcq.com, rbkrh.net, 85offsunglasses.com, zdsrb.com, raybon.shop, kakestock.club, rbcuu.net, zedtn.shop, allsunoutlet.com, sportgolf.club, sucontact.com, shopoakl.com, hillsunglasses.com, goingshop.club, rbmpp.net, rbserqt.net, glasses2022.com, raybansunglassess.com, glassue.shop, glasswt.shop, topg1asses.com, raybensbuy.com, zdorb.com, fashionshoptop.com, cutsigear.shop, rbnrq.net, rbsqn.com, topsaleonlines.com, ray-banshop.com, ray-banoutlets.com, rbzpm.com, rbzib.com, raybansglasses.com, rbrey.com, dzxrb.com, raybanjapan.info, nkmorey.com, rbdth.com, rbanr.com, rbccx.com, rbfyp.com, rbgdq.com, rbhsx.com, rbrzw.com, rbsnk.com, rbtme.com, rbtqu.com, rbytb.net, rbzsn.com, rbzsu.com, rbzua.com, rbzwd.com, rbzyt.com, rayban-ukstore.com, oakleyeyeglassesus.com, oakleyfrogskin.shop, haveabag.com, newzcrb.com, willbesun.com, bestinelse.life and discountsunglasseshop.com added to case caption. (Text entry; no document attached.)

35

Oct. 21, 2022

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendant

36

Nov. 4, 2022

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendants

37

Nov. 8, 2022

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendant

38

Nov. 8, 2022

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants

Exhibit A

39

Nov. 8, 2022

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for entry of default, motion for default judgment, [38]

Exhibit 1

40

Nov. 8, 2022

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[39]

Exhibit 1

41

Nov. 10, 2022

ATTORNEY Appearance for Defendant keeper-mall by Brian Swift

42

Nov. 10, 2022

MOTION by Defendant keeper-mall for extension of time to file answer

43

Nov. 21, 2022

MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' motion for entry of default and default judgment 38 will be heard at the telephonic hearing set for 11/29/2022 at 11:00 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

44

Nov. 28, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing set for 11/29/2022 is stricken and reset for 11/29/2022 at 12:30 PM. (TIME CHANGE ONLY). Mailed notice

45

Nov. 28, 2022

NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendants

46

Nov. 29, 2022

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 11/29/2022. Plaintiffs' motion for entry of default and default judgment 38 is granted. The Court enters default against Defendants identified in Schedule A in accordance with FRCP 55(a). Enter final judgment order by default under FRCP 55(b). The ten thousand dollar ($10,000) surety bond posted by Plaintiffs is hereby released to Plaintiffs 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 Plaintiffs or their counsel. Defendant keeper-mall's motion for extension of time 42 is terminated as moot. Civil case terminated. Mailed notice

47

Nov. 29, 2022

FINAL JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 11/29/2022. Mailed notice

48

Feb. 1, 2024

ATTORNEY Appearance for Defendant WX USA by Ruoting Men

49

Feb. 1, 2024

MOTION by Defendant WX USA to vacate order[47]

Declaration Yixian Wei

50

Feb. 2, 2024

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Berel Yonathan Lakovitsky

51

Feb. 20, 2024

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. to stay regarding MOTION by Defendant WX USA to vacate order[47] [49] and for Leave to Conduct Jurisdictional Discovery

52

Feb. 20, 2024

DECLARATION of Justin R. Gaudio regarding motion to stay, [51]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

53

Feb. 21, 2024

MINUTE entry before the Honorable Andrea R. Wood: Defendant's motion to set aside default judgment [49] and Plaintiffs' motion to stay Defendant's motion to set aside default judgment and for leave to conduct jurisdictional discovery [51] are set for a telephonic motion hearing on 2/23/2024 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

54

Feb. 23, 2024

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 2/23/2024. For the reasons stated on the record, Plaintiffs' motion to stay Defendant's motion to set aside default judgment and for leave to conduct jurisdictional discovery [51] is granted as follows. The Court will not set a briefing schedule on Defendant's motion at this time. The Court will allow written and document discovery, including third-party subpoenas, regarding personal jurisdictional and sufficiency of service. The limited discovery shall be completed by 4/8/2024. Upon receipt, Plaintiffs' counsel shall hold and keep intact (i.e., not permit any further distribution) any funds transferred from Defendant WX USA's account in Plaintiffs' counsel's attorney-trust account, until further order of the Court. Once the funds to satisfy Plaintiffs' judgment against Defendant WX USA have been transferred, Amazon shall release the remaining funds in Defendant WX USA's account. Defendant's motion to set aside default judgment [49] is entered and continued. Telephonic status hearing set for 4/16/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

55

April 12, 2024

MINUTE entry before the Honorable Andrea R. Wood: Due to a change in the Court's schedule, telephonic status hearing set for 4/16/2024 is stricken and reset for 4/16/2024 at 1:45 PM. (TIME CHANGE ONLY). To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

56

April 16, 2024

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 4/16/2024. For the reasons stated on the record, Defendant WX USA is granted leave to file a renewed motion to vacate the default judgment by 4/30/2024. Plaintiffs shall file a response to the anticipated renewed motion by 5/30/2024. Defendant WX USA shall file a reply by 6/13/2024. Telephonic status hearing set for 6/18/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

57

April 30, 2024

MOTION by Defendant WX USA to vacate order[47] Default Judgment

Exhibit Exhibit AA - Plaintiff's previous practice

Exhibit Exhibit AB - Defendant's sales data

58

April 30, 2024

DECLARATION of Zhang Tao regarding motion to vacate[57] In Support Defendant's Motion to Vacate

Exhibit Resignation Handover Checklist

Exhibit Amazon Virtual Verification Notice

Exhibit First time asking about withdraw issue using internal messaging system

Exhibit First time asking Amazon about money withdraw issue using Email

Exhibit Second time asking Amazon about money withdraw issuea using email

Exhibit Amazon explains the reason for the restrain

Exhibit Amazon Seller center withdraw history and health indicator

Exhibit Purchase and Shipping Record from Plaintiff

59

May 13, 2024

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. to Extend Briefing Schedule and Continue Discovery Agreed

60

May 13, 2024

DECLARATION of Justin R. Gaudio regarding motion for miscellaneous relief[59]

Exhibit 1

61

May 16, 2024

MINUTE entry before the Honorable Andrea R. Wood: The parties' agreed motion to extend the briefing schedule and continue discovery [59] is granted. Defendant WX USA shall proceed with supplementing their discovery responses and production. Plaintiffs shall file a response to Defendant WX USA's renewed motion to set aside default judgment [57] by 7/1/2024. Defendant WX USA shall file a reply by 7/15/2024. Telephonic status hearing set for 6/18/2024 is stricken and reset for 7/22/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

62

May 28, 2024

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. to compel

63

May 28, 2024

DECLARATION of Berel Y. Lakovitsky regarding motion to compel[62]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

64

June 11, 2024

RESPONSE by WX USAin Opposition to MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. to compel [62]

Declaration Zhang Decl.

65

July 1, 2024

RESPONSE by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.in Opposition to MOTION by Defendant WX USA to vacate order[47] Default Judgment [57]

66

July 1, 2024

DECLARATION of Berel Y. Lakovitsky regarding response in opposition to motion[65]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

67

July 1, 2024

DECLARATION of Jason Groppe regarding response in opposition to motion[65]

68

July 1, 2024

DECLARATION of Lijia Chen regarding response in opposition to motion[65]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

69

July 1, 2024

DECLARATION of Daven Brodess regarding response in opposition to motion[65]

Exhibit 1

70

July 15, 2024

REPLY by WX USA to response in opposition to motion[65]

71

July 22, 2024

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 7/22/2024. For the reasons stated on the record, Plaintiffs' motion to compel [62] is terminated as moot. Telephonic status hearing set for 8/28/2024 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

72

Aug. 27, 2024

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 8/28/2024 is stricken and reset for 10/2/2024 at 10:45 AM. Defendant WX USA's motion to set aside default judgment [49] is terminated as moot in light of the subsequently filed renewed motion to set aside default judgment [57]. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

73

Sept. 18, 2024

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file Supplemental Brief in Opposition to Pending Motion [57]

Exhibit 1

Exhibit 2

74

Sept. 19, 2024

MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion to file a supplemental brief in opposition to the motion to vacate the default judgment [73] is granted. Plaintiff's brief at [73-2] is accepted as filed. Defendant may file a response to the supplemental brief of not more than 5 pages by 9/27/2024. Plaintiff shall not file a reply brief unless the Court orders otherwise. Telephonic status hearing set for 10/2/2024 is stricken and reset for 10/30/2024 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

75

Sept. 27, 2024

RESPONSE by Defendant WX USA Response to Dkt. No. 73-2

76

Oct. 29, 2024

MINUTE entry before the Honorable Andrea R. Wood: Due to the Court's trial schedule, telephonic status hearing set for 10/30/2024 is stricken and reset for 11/1/2024 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

77

Oct. 31, 2024

MINUTE entry before the Honorable Andrea R. Wood: Due to the Court's trial schedule, telephonic status hearing set for 11/1/2024 is stricken and reset for 11/7/2024 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

78

Nov. 7, 2024

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/7/2024 and continued to 12/18/2024 at 10:45 AM. The parties reported that they require additional time to exhaust settlement negotiations. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

79

Dec. 17, 2024

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 12/18/2024 is stricken and reset for 1/15/2025 at 10:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

80

Dec. 24, 2024

Notice of Recent Related Decisions by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc.

Exhibit 1

81

Jan. 13, 2025

Notice of Recent Related Decisions by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc.

Exhibit 1

82

Jan. 15, 2025

MINUTE entry before the Honorable Andrea R. Wood: The Court acknowledges the supplemental authority submitted by Plaintiff [80], [81]. To allow time for the Court to complete its ruling on Defendant WX USA's renewed motion to set aside default judgment [57], the telephonic status hearing set for 1/15/2025 is stricken and reset for 2/5/2025 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

83

Feb. 4, 2025

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 2/5/2025 is stricken and reset for 2/20/2025 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (aw,)

84

Feb. 20, 2025

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/20/2025 and continued to 4/1/2025 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

85

April 1, 2025

MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing held on 4/1/2025 and continued to 4/21/2025 at 9:00 a.m. As stated on the record, the Court's written order on Defendant WX USA's motion to vacate order [47] will follow. The parties are directed to meet and confer and filed a joint status report by 4/15/2025. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

86

April 15, 2025

STATUS Report Pursuant to [85] (Joint) by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

87

April 20, 2025

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 4/21/2025 is stricken and reset for 5/2/2025 at 1:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

88

May 1, 2025

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. to Vacate the Judgment and Stipulation to Dismiss Defendant WX USA (Joint)

89

May 2, 2025

MINUTE entry before the Honorable Andrea R. Wood: The parties' joint motion to vacate the judgment and stipulation to dismiss Defendant WX USA [88] is granted. Defendant WX USA's renewed motion to set aside judgment of default [57] is voluntarily withdrawn. The final judgment by default entered 11/29/2024 [47] is vacated as to Defendant WX USA only. Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), the claims against Defendant WX USA are dismissed with prejudice and with each party to bear its own costs and attorneys' fees. Telephonic status hearing set for 5/2/2025 is stricken. This case remains closed. Mailed notice

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