2023-cv-02541

COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20568688.

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

CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable M. David Weisman. 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.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case pursuant to 28 USC 294(b). Signed by Executive Committee on 04/25/2023.

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for leave to file under seal Schedule A attached to the Complaint and Exhibit 3 to the Declaration of Joe Pallett [3] is granted. Mailed notice.

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 15

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 16

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Joe Pallett regarding memorandum in support of motion 16

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-7 regarding declaration 18

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

(Exhibit 3-7)

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 20

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 21

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's ex parte motion for entry of a Temporary Restraining Order, including a temporary injunction, a temporary asset restraint, and expedited discovery 15 is granted. Plaintiff's motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 20 is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 4/28/2023. Mailed notice.

SURETY BOND in the amount of $ 197,000 posted by Nike, Inc. (Document Not Imaged)

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

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 Andrea R. Wood: This matter is before Judge Wood as emergency judge. Plaintiff's ex parte motion to extend the temporary restraining order 26 is granted. The Court finds good cause to extend the temporary restraining order through 5/26/2023 pursuant to Fed. R. Civ. P. 65(b)(2). Mailed notice

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

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/18/2023, answer due 6/8/2023.

Declaration of Marcella D. Slay

(Exhibit A)

MOTION by Plaintiff Nike, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[31]

Declaration of Jake M. Christensen

Exhibit 1

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction [31] is set for 5/26/2023 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

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

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 5/26/2023. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's Motion for Entry of a Preliminary Injunction 31 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 3 to the Declaration of Joe Pallett 19, and the TRO 24. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 6/28/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 5/26/2023. Mailed notice.

NEW PARTIES: Quanzhou Hantuo Shoes Co., Ltd., Junjun 2 store Store, KIDS DISNEY Store, kljijk88 Store, LOHENGRIN Store, Praise-01 Store, Princess&Li Store, QICED Encounter Shoes Store, QiShan Store, Quanzixuan Store, ruirui66 Store, RYAMAG Footwear Store, shijian Store, Shoe Factory Drop Shipping Store, ShoesTime Store, Shop1100004130 Store, Shop1100223591 Store, Shop1100309011 Store, Shop1100345515 Store, Shop1100352117 Store, Shop1100370535 Store, Shop1100383321 Store, Shop1102109814 Store, Shop1102150257 Store, Shop1102179688 Store, Shop1102198267 Store, Shop1102300651 Store, Shop1102336843 Store, Shop1102339902 Store, Shop1102343589 Store, Shop1102351070 Store, Shop1102376197 Store, Shop1102378402 Store, Shop1102407376 Store, Shop1169625 Store, Shop1738210 Store, Shop2850077 Store, Shop2881181 Store, Shop5083082 Store, Shop5232018 Store, Shop5398016 Store, Shop910332036 Store, Shop911195146 Store, Shop911292039 Store, Shop911515068 Store, Shop912268133 Store, Shop912465587 Store, Similarfree Official Store, SPORTSHOUSENO Store, Sundrewr Store, superman Store, TIHE World Store, Wedding & Party Products Store, Woman Street Store, WRJSXQ Store, WY013 Store, Xiaolige Store, Xmpcw013 Store, YI Sporting Goods Store, 92370829MA7C2BYM81, A1GFG08DHYEIN0, BAIJIAHUIBAIHUODIAN, Caoxianshuangnianquanmendian, Dykhmily Direct, hunandingshengxinxikejiyouxiangongsi, jiajunzheng001, jingyuanshangmaoshop, Kcwin, kifuwen, liangshanguangyuzaocandian, liangshanyixingjiankangfuwuzhongxin, LuShaoXiangUS, NCPifu 6, NQyIOS(7-15 days arrival), PanYuHao, patimaabulikemu, PINGYANGJINGYUAN, Qzkuakuadianpu, shuijiangenpeng, Specialty-store, Srenket Sport, Suailw, tangyinxianweilianhuaiwangluokejiyouxiangongsi, weihualiang, weixiaohuiriyongpinshanghang, wenshankangqudianzishangwuyouxiangongsi, WujiJia, YEWNUW, yongxiuxianyandaowenhuayongpindian, YQuan., yunxiaoxianliantongbaihuodian, yunxiaoxianxingxubaihuodian, Zhixian Sport, ZhiYiZhu, zouchengguorungongmaoyouxiangongsi, letting_thing Store, loafersneaker Store, men_shoes_2019 Store, Myshoeshop Store, nb_fa_shoes Store, nkairmaxshoes Store, sports_shoes66 Store, sshaifeng2008 Store, tinghao2013 Store, tnplus Store, tnrunningshoes Store, top1runningshoes Store, topluxury_store Store, uncshoes Store, vip_dh Store, vip_nkrunning Store, yimurunningshoes Store, yz_shoes9 Store, bxf-sza, chengfeng01, fashionlane2022, gaoaikou20169, hanji-108, haosong, heermeueng, hongkongfoodc_0, hoolywow, huanchi888, jiangjiangjiang002, joshjaks, jumpfrist, kekoucapital, lisuhan0215, liuyongukone, look_faraway, lucky_928, luhubrother, milkteae, momotu, moonao5, newstar010, newtime2019, nmgg-wh, onepunch01, purplesea-01, sath-5958, sh_433430, slhua19, smartroy4o, squarelove-01, sunnyday-02, szcttrade, theyangtzeriverfashion, threeypj1213, weijun_60, wude-3064, xuexua73, yellowstar-0, yexin1-5, yitian_1, yuqqiansheng, zeroypj925, hqc.sneaker, sneaker.mei, DKMILYAIR, LEA INTERNATIONAL GROUP LIMITED, Linenghs, Lopsie, Star department store, Women & Men Sneakers, XIUNGLOUIIS, Yiqingling Trading Co.Ltd, YRLTYO, longyuexiechang.x.yupoo.com, lijian2903 and Qingco Yuchang sen added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant

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

ATTORNEY Appearance for Defendants DKMILYAIR, Dykhmily Direct by Yifei Deng

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant

NOTICE of Voluntary Dismissal by Nike, Inc. as to Certain Defendants

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 43

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 44

(Exhibit 1)

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/28/2023 is vacated. A telephone hearing as to the motion for entry of default, motion for default judgment 43 is set for 6/30/2023 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

ANSWER to Complaint by DKMILYAIR, Dykhmily Direct

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DKMILYAIR, Dykhmily Direct

MOTION by Plaintiff Nike, Inc. to strike answer to complaint[47] and Affirmative Defenses [47]

ATTORNEY Appearance for Defendant Lopsie by Adam Edward Urbanczyk

MOTION by Defendant Lopsie for extension of time

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/30/2023. Counsel for Defendant Lopsie and for Defendants DKMILYAIR and Dykhmily Direct were present. No one appeared on behalf of other defendants. Lopsie's unopposed motion for extension of time [51] is granted. Defendant is to respond to Plaintiff's Complaint by 7/20/2023. DKMILYAIR and Dykhmily Direct's response to plaintiff's motion to strike [49] is due by 7/7/2023. Plaintiff's reply is due by 7/14/2023. For the reasons stated on the record, the motion for entry of default and for default judgment [43] is granted as to defendants who have not appeared. Plaintiff's counsel is to send an updated proposed default judgment order to Judge Durkin's proposed order inbox. A telephone status hearing is set for 7/20/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

FINAL Default Judgment Order. Signed by the Honorable Thomas M. Durkin on 6/30/2023. Mailed notice.

FULL SATISFACTION of Judgment regarding order[53] in the amount of $200,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[53] in the amount of $200,000 as to certain defendants

MOTION by Plaintiff Nike, Inc. to withdraw motion to strike[49]

MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw Plaintiff's motion to strike Defendants Dkmilyair's and Dykhmily Direct's answer and affirmative defenses [56] is granted. The telephone status hearing set for 7/20/2023 at 9:00 a.m. stands as to Defendant Lopsie. Mailed notice.

MOTION by Defendant Lopsie for extension of time

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 7/20/2023. Counsel for Defendants Dykhmily Direct, DKMILYAIR and Lopsie were present on the call, and reported that they are in settlement discussions with Plaintiff. Unopposed motion for extension of time [58] is granted. Defendant Lopsie is to respond to Plaintiff's Complaint by 8/11/2023. A telephone status hearing is set for 8/11/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 8/11/2023. No one was present on behalf of defendants. A telephone status hearing is set for 9/8/2023 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 9/8/2023. By 9/15/2023, the parties are to file a joint status report, including a proposed discovery schedule. Mailed notice.

STATUS Report per [63] by Nike, Inc.

MINUTE entry before the Honorable Thomas M. Durkin: The Court is in receipt of the joint new case status report and enters the following schedule. Amended pleadings are due by 2/28/2024. Initial written discovery to be issued by 9/25/2023. Plaintiff to disclose expert by 2/28/2024. Defendant to disclose expert by 3/27/2024. Expert discovery to be completed by 6/7/2024. Liability discovery to be completed by 1/31/2024. Telephone status hearing is set for 2/6/2024 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. 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.

MOTION by Plaintiff Nike, Inc. to stay Discovery (Opposed)

MINUTE entry before the Honorable Thomas M. Durkin: Defendants are to file a response to Plaintiff's opposed motion to stay discovery [66] by 10/11/23. Mailed notice.

RESPONSE by DKMILYAIR, Dykhmily Direct to MOTION by Plaintiff Nike, Inc. to stay Discovery (Opposed) [66]

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion to stay discovery 66 is denied. The contested preliminary injunction motion in the related pending case (23-cv-01764) does not resolve dispositive issues that affect this case. And regardless of whether the Court in that case grants the motion, the parties will be subject to discovery. Plaintiff was also aware of the preliminary injunction motion at the time that it agreed to the discovery schedule in this case. Finally, staying proceedings in this case would prejudice Defendants, whose e-commerce stores and financial accounts are currently frozen. The current discovery schedule 65 stands. Mailed notice.

STIPULATION of Dismissal

MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to the stipulation of dismissal [70], this action is dismissed with prejudice. All pending deadlines and future hearing dates are stricken. Civil case terminated. Mailed notice.

FULL SATISFACTION of Judgment regarding order 53 in the amount of $200,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[53] in the amount of $200,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[53] in the amount of $200,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[53] in the amount of $200,000 as to certain defendant

SATISFACTION of Judgment regarding order[53] in the amount of $200,000 as to certain defendant