2022-cv-05251

COMPLAINT filed by Luke Combs; Filing fee $ 402, receipt number AILNDC-19880108.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED DOCUMENT by Plaintiff Luke Combs Schedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Luke Combs by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Luke Combs by Yanling Jiang

ATTORNEY Appearance for Plaintiff Luke Combs by Keith A. Vogt [CORRECTED]

ATTORNEY Appearance for Plaintiff Luke Combs by Yanling Jiang [CORRECTED]

ATTORNEY Appearance for Plaintiff Luke Combs by Yi Bu

ATTORNEY Appearance for Plaintiff Luke Combs by Adam Grodman

SEALED DOCUMENT by Plaintiff Luke Combs [Corrected] Schedule A to Complaint 1 & Schedule A to Complaint 2

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment.

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.

MOTION by Plaintiff Luke Combs for leave to file under seal

MOTION by Plaintiff Luke Combs for leave to file excess pages

MEMORANDUM in support of 13 Exparte motion

Declaration of Keith A. Vogt

Exhibit 1-2, of Keith A. Vogt's declaration

Declaration of Christopher T. Kappy

(Exhibit 1, of Christopher T. Kappy's declaration)

SEALED EXHIBIT by Plaintiff Luke Combs Sealed Exhibit 2, Declaration of Christopher T. Kappy regarding memorandum in support of motion, 14

Exhibit 2-1

Exhibit 2-2

(Exhibit 2-3)

CERTIFICATE of Service by Keith A. Vogt on behalf of Luke Combs

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion 13 for temporary restraining order. Plaintiff's motion is ex parte as to the defendants, but plaintiff has given notice of the motion 16 to the non-party providers of services to the defendants named in the proposed temporary restraining order (collectively "third-party providers"). The third-party providers have until and including October 6, 2022, to object to plaintiff's request that the court find that it has personal jurisdiction over them and that they are in active concert or participation with the defendants named in schedule A to the complaint. See Fed. R. Civ. P. 65(d)(2). The third-party provider may file an objection in writing or request a hearing, to be conducted via teleconferencing, by sending a message to Chambers_Gottschall@ilnd.uscourts.gov, with a copy to all counsel of record, on or before October 6, 2022. Plaintiff is ordered to serve the third-party providers with a copy of this order and file a certificate of service on or before October 3, 2022. Additionally, paragraph five of plaintiff's proposed form of temporary restraining order provides, "Upon LUKE COMBS' request, those with notice of this Order, shall within ten (10) business days after receipt of such notice, disable and cease displaying any advertisements used by or associated with Defendants in connection with the sale of counterfeit and infringing goods using the LUKE COMBS Trademarks." Plaintiff does not attempt to justify paragraph five in his memorandum of law supporting his motion for a TRO. Paragraph five cannot be entered insofar as it purports to bind anyone with notice of the order regardless of whether or not the unserved third party is acting in active concert or participation with defendants or is otherwise bound by the TRO under Rule 65(d)(2) of the Federal Rules of Civil Procedure. By no later than October 3, 2022, plaintiff must submit a revised form of temporary restraining order complying with Rule 65(d)(2) to Proposed_Order_Gottschall@ilnd.uscourts.gov. Mailed notice

CERTIFICATE of Service by Plaintiff Luke Combs regarding text entry, 19

OBJECTIONS Non-Party eBay Inc.'s Objections to Plaintiff's Ex Parte Motion For Entry of a Temporary Restraining Order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

DECLARATION of Larry Taylor regarding objections 21

MINUTE entry before the Honorable Joan B. Gottschall: Any response to non-party eBay Inc.'s objections 21 to plaintiff's motion for entry of a temporary restraining order is due on or before 10/14/2022. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Counsel for non-party eBay Inc. is advised that no further substantive action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before October 14, 2022. Mailed notice

RESPONSE by Plaintiff Luke Combs to objections 21

AMENDED complaint by Luke Combs against The Partnerships and Unincorporated Associations Identified on Schedule A

SEALED DOCUMENT by Plaintiff Luke Combs [Amended] Schedule A to Complaint (1) and Schedule A to Complaint(2)

SEALED EXHIBIT by Plaintiff Luke Combs Amended Sealed Exhibit 2, Declaration of Christopher T. Kappy regarding exhibit 15, memorandum in support of motion, 14

(Exhibit 2-1, of Christopher T. Kappy's declaration)

EXHIBIT by Plaintiff Luke Combs 1-4 of Plaintiff's Amended Complaint 26 regarding amended complaint 26

Exhibit 2

Exhibit 3

(Exhibit 4)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by eBay Inc. Non-Party eBay, Inc.'s Notification of Affiliates and Corporate Disclosure Statement

MINUTE entry before the Honorable Joan B. Gottschall: In response to the objections of non-party eBay Inc. ("eBay"), to the proposed temporary restraining order, plaintiff has amended his complaint 26 and dropped his claims against all defendants associated with eBay. See ECF No. 25 at 2. eBay's objections 21 are therefore overruled as moot, and plaintiff's motion 13 for entry of a sealed temporary restraining order is granted with the exception of the eBay sellers who are no longer defendants. Enter sealed temporary restraining order. Plaintiff's motions for leave to file under seal 11 and for leave to exceed page limitation 12 are granted. A preliminary injunction hearing to be held by teleconference is tentatively set for 10/28/2022 at 10:30 a.m. Due to the COVID-19 pandemic and in accordance with the guidance of Fifth Amended General Order No. 21-0027, the court will rule on any preliminary injunction motion without holding a hearing unless a hearing is requested at least 48 hours before the time of the scheduled hearing. A hearing may be requested by contacting Judge Gottschall's courtroom deputy at Chambers_Gottschall@ilnd.uscourts.gov. Plaintiff may provide notice of the preliminary injunction hearing to defendants by electronically publishing a link to the complaint, the temporary restraining order, and other relevant documents on a website and by sending an e-mail to the e-mail addresses identified in Exhibit 2 to the Declaration of Christopher T. Kappy and any e-mail addresses provided for defendants by third parties that includes a link to said website. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Joan B. Gottschall on 10/14/2022. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

ATTORNEY Appearance for Defendant Jorlyen Store by Zheng Gong

MOTION by Plaintiff Luke Combs for preliminary injunction

MEMORANDUM by Luke Combs in support of motion for preliminary injunction 34

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

MOTION by Plaintiff Luke Combs Plaintiff's Motion for Electronic Service Of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Luke Combs in support of motion for miscellaneous relief 36 Plaintiff's Motion for Electronic Service Of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

Declaration of Keith A. Vogt

(Exhibit 1-2, Declaration of Keith Vogt)

MINUTE entry before the Honorable Joan B. Gottschall: Appearing defendant "Jorlyen Store" is directed to file the notification of affiliates required by Local Rule 3.2 on or before 10/26/2022. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Any written response to plaintiff's motion 34 for preliminary injunction and Fed. R. Civ. P. 4(f)(3) motion 36 to authorize electronic service of process is due by 10:30 a.m. on 10/26/2022. Any request for a hearing on these motions must be made by 10:30 a.m. on 10/26/2022. A request for hearing must be sent by email to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. The court will rule on the papers if no hearing is requested by the deadline. Mailed notice

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Jorlyen Store

MINUTE entry before the Honorable Joan B. Gottschall: The court having received no request for a hearing by the deadline 39 of 10/26/2022 at 10:30 a.m., the preliminary injunction hearing set for 10/28/2022 is stricken. Plaintiff's motion for preliminary injunction 34 and motion for electronic service of process 36 are granted. Enter preliminary injunction order. In accordance with the order, the clerk is directed to unseal amended Schedule A to the complaint 27, amended Exhibit 2 to the declaration of Christopher T. Kappy 28, and the temporary restraining order 32. The law firms of JiangIP LLC and Keith Vogt, Ltd., are hereby ordered to add ALL defendant names listed in amended Schedule A to the docket within three business days. Instructions can be found on the court's website located at www.ilnd.uscourts.gov/instructions. The next status report is due on or before 1/6/2023.Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Joan B. Gottschall on 10/27/2022. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Counsel for plaintiff is reminded that several exhibits and prior iterations of schedule A to the complaint remain sealed. The good cause shown for sealing these documents was limited to the time needed to freeze the defendants' assets. It is unclear why good cause continues to exist. If plaintiff does not wish to have all presently sealed documents unsealed, he must, within the next seven days, show good cause to continue to maintain the seal. Mailed notice

NEW PARTIES: NgocPhuong09, Zira-S, LalisaW and biao168 added to case caption.

SUMMONS Returned Executed by Luke Combs as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/27/2022, answer due 11/17/2022.

(Declaration of Service)

NEW PARTIES: NgocPhuong09, Zira-S, LalisaW and biao168 added to case caption.

STIPULATION of Dismissal Joint Stipulation of Dismissal as to Def No. 5, aka "Jorlyen Store,"

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff and defendant No. 5 a.k.a. "Jorlyen Store" ("defendant No. 5"), have filed a stipulation 45 of dismissal with prejudice as to Jorlyen only. Counsel are advised that the Seventh Circuit has held that Rule 41(a) may be used only to dismiss "the whole case." Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015) (citing Berthold Types Ltd. v. Adobe Sys. Inc., 242 F.3d 772, 777 (7th Cir. 2001) (other citation omitted)). The proper way to drop fewer than all claims or defendants is to amend the complaint under Fed. R. Civ. P. 15(a). If plaintiff wishes to drop defendant No. 5 by amending his complaint, he is granted leave to file an amended complaint on or before 11/9/2022. If the parties instead want the court immediately to enter a separate judgment dismissing defendant No. 5 with prejudice, they must file a Fed. R. Civ. P. 54(b) motion and show that there is no just reason to delay entry of judgment against defendant No. 5. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's deadline 43 to show good cause to continue to seal previously filed documents in this case has come and gone, and nothing has been filed. Accordingly, the clerk is directed to unseal all previously sealed documents, including the following documents: ECF Nos. 2, 10, 15, [15-1], [15-2], and [15-3]. Mailed notice

AMENDED complaint by Luke Combs against LalisaW, NgocPhuong09, Zira-S, biao168 and terminating Jorlyen Store

[Amended] Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

MOTION by Plaintiff Luke Combs for default judgment as to The Defendants Identified In [Amended] Schedule A

MEMORANDUM by Luke Combs in support of motion for default judgment 49

Exhibit 1

Exhibit 2

Exhibit 3

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith A. Vogt)

MINUTE entrybefore the Honorable Joan B. Gottschall: Any written response to or r equest for hearing on plaintiff's motion 49 for entry of default and for entry of default judgment is due on or before 12/5/2022. If no written response or request for a hearing is received by the deadline, the court will assume that defendants do not oppose the motion and will rule on the papers. A hearing, to be conducted via teleconferencing, may be requested by sending a message to Chambers_Gottschall@ilnd.uscourts.gov with a copy to all parties and attorneys who have appeared. Plaintiff is ordered to serve defendants with a copy of this order and file a certificate of service on or before 11/23/2022. Mailed notice

CERTIFICATE of Service by Plaintiff Luke Combs regarding set motion and R&R deadlines/hearings, 51

MINUTE entry before the Honorable Joan B. Gottschall: The deadline of 12/5/2022 to object to plaintiff's motion for entry of default and default judgment has come and gone (see 51), and no objection has been filed. Plaintiff's motion 49 for entry of default and default judgment is granted. Enter default judgment. Civil case terminated. Mailed notice

FINAL DEFAULT JUDGMENT ORDER. Signed by the Honorable Joan B. Gottschall on 12/6/2022. Mailed notice