2023-cv-01695

COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20454075.

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1]

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1]

MOTION by Plaintiff Oakley, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc.

Notice of Claims Involving Patents by Oakley, Inc.

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (Text entry; no document attached.)

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. (Text entry; no document attached.)

MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file under seal [4] is granted. Mailed notice

MAILED patent report to Patent Trademark Office, Alexandria VA (jk2,)

MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

DECLARATION of Jason Groppe regarding memorandum in support of motion[15]

Exhibit 1

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[17]

MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[19]

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

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[19], motion for temporary restraining order[14] before Honorable Virginia M. Kendall on 3/27/2023 at 09:00 AM.

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 3/27/2023 is reset for 3/28/2023 at 9:15 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice

(Virtual Hearing Request Form)

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Motion hearing set for 3/28/2023 is stricken. Parties shall contact the emergency Judge to reset Motion hearing. Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing is set for 4/24/2023 at 9:15 AM regarding Motions 14 and 19. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice

(Virtual Hearing Request Form)

MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Motion hearings set for 4/24/2023 are stricken. Parties are directed to contact the emergency Judge to reset Motion hearing. Mailed notice

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court, acting as the Emergency Judge, grants Plaintiff's motion for electronic service of process [19]. The Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged and established, via declaration, that, even though "Defendants operate under multiple fictitious aliases, the e-commerce stores operating under the Seller Aliases often share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use. E-commerce stores operating under the Seller Aliases include other notable common features, such as use of the same registration patterns, accepted payment methods, check-out methods, keywords, advertising tactics, similarities in price and quantities, the same incorrect grammar and misspellings, and/or the use of the same text and images. Additionally, Infringing Products for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." [1] at 18; [17] at 14. Plaintiff also alleges and establishes, via declaration, that Defendants work "in active concert to knowingly and willfully manufacture, import, distribute, offer for sale, and sell Infringing Products in the same transaction, occurrence, or series of transactions or occurrences." [1] at 21; [17] at 17. For present purposes, these facts satisfy the "series of transactions or occurrences" requirement of 35 U.S.C. § 299 (a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. Finally, the Court grants Plaintiff's ex parte motion for entry of a temporary restraining order [14]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 5/2/23. The Court strikes any notice of motion date. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 4/18/2023. Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 6/8/2023 at 9:15 AM. If Parties need a Status hearing prior to 6/8/2023, please contact Judge Shah's courtroom deputy. If a Motion is filed prior to 6/8/2023, please notice it before Judge Shah for a hearing. Mailed notice

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

CIVIL BOND in the amount of $ 10,000 posted by Oakley, Inc. (Document not scanned).

MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Oakley, Inc. in support of extension of time 31

(Declaration of Jake M. Christensen)

NOTICE of Motion by Jake Michael Christensen for presentment of extension of time 31 before Honorable Manish S. Shah on 5/2/2023 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion to extend the TRO 32 is granted and the ex parte TRO is extended to 5/16/23. No appearance on the motion is necessary. Notices mailed.

MOTION by Plaintiff Oakley, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 35

Declaration of Jake M. Christensen

(Exhibit 1)

NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction 35 before Honorable Manish S. Shah on 5/16/2023 at 09:45 AM.

(Exhibit A)

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/11/2023, answer due 6/1/2023.

Declaration of Thomas J. Juettner

(Exhibit A)

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Andrew Daniel Burnham

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for preliminary injunction [35] is granted. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 5/16/2023. Notices mailed.

NEW PARTIES: Champion-nikedas Store, Cycle Forward Store, Gentle Monster Store, Good service high quality Store, GUARDIAN PLANET Store, juncture Official Store, kunkkacoco Store, Lazy Wind Store, Outdoor first market Store, Ruigreat Outdoor Cycling Equipment Store, Ruigreat Store, Stimulate motivation Store, Yufeng Outdoor Encyclopedia Store Store, A1LBOYSDW24GAK, fengyuh, OKH Company, SKYWAY sunglasses, Songxiaohu, dhgto123 Store, outlet_shop2 Store, usseller518 Store, Aiacridine, FEIXING STORE, LAFGUR STORE, Octpeak Store, YiGuangTong STORE and Dillardx added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 6/8/2023 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE). Mailed notice

ATTORNEY Appearance for Defendants FEIXING STORE, LAFGUR STORE, Octpeak Store, YiGuangTong STORE by Timothy Tiewei Wang

MOTION by Defendants FEIXING STORE, LAFGUR STORE, Octpeak Store, YiGuangTong STORE for extension of time to file answer regarding complaint 1

ANSWER to Complaint with Jury Demand by FEIXING STORE, LAFGUR STORE, Octpeak Store, YiGuangTong STORE

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 6/8/2023. Plaintiff's Counsel reports they are working on resolution with remaining Defendants. Defendants YiGuangTong STORE, Octpeak Store, LAFGUR STORE and FEIXING STORE's Unopposed Motion for extension of time to answer or otherwise plead Motion for extension of time to answer 45 is granted. Answer due by 6/9/2023. Status hearing set for 7/6/2023 at 9:15 AM. Mailed notice

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

Exhibit A

MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[48]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[49]

Exhibit 1

NOTICE of Motion by Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment[48] before Honorable Virginia M. Kendall on 6/15/2023 at 09:00 AM.

Exhibit A

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 6/15/2023 is reset for 10:30 AM (PLEASE NOTE TIME CHANGE) which will proceed in Courtroom 2503. Mailed notice

MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 6/15/2023. Plaintiff's Motion for Default and Default Judgment 48 as to Defendants identified in Schedule A is granted. Enter Order of Default as to Defendants identified in Schedule A. Status hearing set for 7/6/2023 at 9:15 AM stands. Default Judgment to follow. Mailed notice

FINAL Judgment Order signed by the Honorable Virginia M. Kendall on 6/15/2023. Mailed notice

FULL SATISFACTION of Judgment regarding order 54 in the amount of the Judgment Amount as to certain defendants

MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 7/6/2023 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE) which will proceed in Courtroom 2503.Mailed notice

STIPULATION of Dismissal as to Certain Defendants

MINUTE entry before the Honorable Virginia M. Kendall: Status hearing held. Pursuant to the settlement agreement, this case is dismissed with prejudice with each party to bear its own costs and fees. Civil case terminated. Mailed notice