2023-cv-02100

COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20505180.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

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

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

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by Nike, Inc.

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

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

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

ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay

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.

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

Trademarks

AMENDED complaint by Nike, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Nike, Inc. Amended Schedule A regarding amended complaint 12

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

MEMORANDUM by Nike, 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

Exhibit 3

(Exhibit 4)

DECLARATION of Joe Pallett regarding memorandum in support of motion 15

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 regarding declaration 17

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

MEMORANDUM by Nike, 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)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 14 for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion 3 for leave to file under seal is granted in light of the asset-restraint goal. By 04/25/2023, the Plaintiff shall email the courtroom deputy, michael_wing@ilnd.uscourts.gov, a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's motion 19 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/05/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/28/2023. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/19/2023. Emailed notice

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 04/19/2023. Emailed notice

Registry Deposit Information Form by Nike, Inc.

BOND in the amount of $1,000.00 check, Receipt No. 4624285393, posted by Nike

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

MEMORANDUM by Nike, Inc. in support of extension of time 26

(Declaration of Jake M. Christensen)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 26 is granted, in light of the continued applicability of the facts that justified entry of the initial TRO. The TRO is extended through 05/17/2023. The tracking status hearing of 05/05/2023 is reset to 05/19/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) and a status report by 05/12/2023. Emailed notice

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

MOTION by Plaintiff Nike, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction 29

Declaration of Jake M. Christensen

(Exhibit 1)

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/12/2023, answer due 6/2/2023.

Declaration of Marcella D. Slay

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction 29 is granted. Given the answer deadline of 06/02/2023, the tracking status hearing of 05/19/2023 for Judge Chang is reset to 06/16/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint status report by 06/08/2023. If the Defendants have not answered by the answer deadline, then they shall be deemed in default and the Plaintiff shall file a default-judgment motion by 06/08/2023. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 05/18/2023. Emailed notice

NEW PARTIES: NatCot-us added to case caption.

MOTION by Plaintiff Nike, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment 34

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 35

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the Plaintiff's motion for default judgment 34 is granted in part. Judgment is entered in favor of the Plaintiff and against the Defendant in the amount of thirty-five thousand dollars ($35,000). Permanent injunction entered in light of the finding of willfulness. The Clerk's Office shall unseal all filings. A separate AO-450 judgment shall be entered. The tracking status hearing of 06/16/2023 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/15/2023. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 06/15/2023. Emailed notice