2023-cv-03256

COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20667969.

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 - Parts 1-2 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

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.)

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

MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Plaintiff is put on notice that it may be required to file a memorandum discussing the propriety of joinder under Federal Rule of Civil Procedure 20(a)(2) if it appears that defendants are too numerous or unconnected. In addition, should default judgment enter against defendant(s), Plaintiff should be prepared to prove up damages by affidavit or hearing. Mailed notice. (ym,)

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 - Parts 1-2 regarding declaration[17]

Exhibit 2-1

(Exhibit 2-2)

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 temporary restraining order[14], motion for miscellaneous relief[19], motion for leave to file[4] before Honorable Sharon Johnson Coleman on 5/31/2023 at 10:00 AM.

MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiff's motion for leave to file under seal 4, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 14, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 set for 5/31/2023 at 10:00 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice. (ym,)

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

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 5/31/2023. Plaintiff's motion for leave to file under seal 4, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 14, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 19 are granted. Enter Order. An in-person status hearing is set for 6/14/2023 at 10:00 AM. Mailed notice. (ym,)

SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 5/31/2023. Mailed notice. (ym,)

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

SURETY 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 28

(Declaration of Jake M. Christensen)

NOTICE of Motion by Jake Michael Christensen for presentment of extension of time 28 before Honorable Sharon Johnson Coleman on 6/14/2023 at 10:00 AM.

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

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 6/14/2023. Plaintiff's motion to extend the temporary restraining order 28 is granted. The Temporary Restraining Order is extended to 6/28/2023. Enter Order. Mailed notice. (ym,)

EXTENSION OF TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sharon Johnson Coleman on 6/14/2023. Mailed notice. (ym,)

MOTION by Plaintiff Oakley, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 34

Declaration of Jake M. Christensen

(Exhibit 1)

NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction 34 before Honorable John Robert Blakey on 6/28/2023 at 11:00 AM.

(Exhibit A)

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/20/2023, answer due 7/11/2023.

Declaration of Thomas J. Juettner

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey:Acting as Emergency Judge, this court held an emergency motion hearing on 6/28/2023. No defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [34]. Accordingly, and based upon the same findings made in this Court's TRO [26], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [34]. Enter Preliminary Injunction Order. The Court directs the Clerk 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. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf.Status hearing set before Judge Coleman for 7/12/2023 at 11:00 a.m. (This status hearing may be adjusted by Judge Coleman's Chambers). Mailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable John Robert Blakey on 6/28/2023. Mailed notice

ATTORNEY Appearance for Defendant Yiwu Jingmu Trading Co., Ltd. by Hua Chen (Defendant No. 12)

NEW PARTIES: Beauty Life, CC Glasses Store, cyclingglasses Store, Enjoy Safe Outdoor Sports Store, ILAIHKF Officical Store, LLYGE-ACC Boutique Store, Shop1102457007 Store, Shop1102598448 Store, Shop1102660398 Store, Shop5071181 Store, Shop5488162 Store, AIEYEZO, Aquarium trinkets, CHENWEI-US, Huxychao, Lucky--lily, NRC Glasses, shaheshiyinjinjinlishangmaoyouxianzerengongsi, uhyturthed, Xmclothes, gg_ornaments Store, glasseswell_666 Store, shoes159357 Store, sunglasses0217 Store, czpt01, haikoubingmianmians0, shining5star2011, viesain_0, FRAWWH, Maria glasses, SHEN YU and SSPV FASHIONWEAR added to case caption. (Text entry; no document attached.)

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 7/12/2023 is stricken and reset to 7/21/2023 at 10:45 AM as an in-person hearing in courtroom 1241. Mailed notice. (ym,)

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

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice for 270 days as to defendants czpt01 and Maria glasses only. If no motion to reinstate is filed by April 2, 2024, the dismissal shall automatically convert to one with prejudice with no further action by the Court. Mailed notice. (ym,)

MOTION by Defendant AIEYEZO for extension of time to file answer regarding complaint[1] (Def. No. 12)

MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant AIEYEZO's unopposed motion for extension of time to respond to complaint [44] is granted. Defendant to file a responsive pleading by 8/11/2023. Mailed notice. (ym,)

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

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[47]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[48]

Exhibit 1

NOTICE of Motion by Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment[47] before Honorable Sharon Johnson Coleman on 7/18/2023 at 10:00 AM.

Exhibit A

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice for 270 days as to defendant shaheshiyinjinjinlishangmaoyouxianzerengongsi only. If no motion to reinstate is filed by April 9, 2024, the dismissal shall automatically convert to one with prejudice with no further action by the Court. Mailed notice. (ym,)

MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiff's motion for entry of default and default judgment [47] set for 7/18/2023 at 10:00 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice. (ym,)

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

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice for 270 days as to defendant Huxychao only. If no motion to reinstate is filed by April 15, 2024, the dismissal shall automatically convert to one with prejudice with no further action by the Court. Mailed notice. (ym,)

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 7/18/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of default and default judgment against the defendants identified on Schedule A, with the exception of defendant AIEYEZO [47] is granted. Default judgment is entered in favor of the plaintiff and against the remaining defendants identified on Schedule A. Enter Order. The in-person status hearing set for 7/21/2023 is stricken and reset to 8/15/2023 at 10:15 AM. The ten thousand dollar ($10,000) surety bond posted by Plaintiff is hereby released to Plaintiff or its 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 Plaintiff or its counsel. Mailed notice. (ym,)

FINAL JUDGMENT ORDER. Signed by the Honorable Sharon Johnson Coleman on 7/18/2023. Mailed notice. (ym,)

FULL SATISFACTION of Judgment regarding order 56 in the amount of the Judgment Amount as to certain defendant

ANSWER to Complaint by Yiwu Jingmu Trading Co., Ltd.

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 8/15/2023. Defendant AIEYEZO did not appear nor contact the Court. Counsel for plaintiff reported that the parties are engaged in settlement discussions. An in-person status hearing is set for 9/14/2023 at 10:00 AM. Mailed notice.

MOTION by Plaintiff Oakley, Inc. to strike answer to complaint[58] Certain Affirmative Defenses

MEMORANDUM by Oakley, Inc. in support of motion to strike[60]

NOTICE of Motion by Justin R. Gaudio for presentment of motion to strike[60] before Honorable Sharon Johnson Coleman on 9/6/2023 at 10:00 AM.

ATTORNEY Appearance for Defendant Yiwu Jingmu Trading Co., Ltd. by Daniel I. Konieczny

ATTORNEY Appearance for Defendant Yiwu Jingmu Trading Co., Ltd. by Megan Elizabeth Ryan

Amended ANSWER to Complaint by Yiwu Jingmu Trading Co., Ltd.

(Exhibit 1)

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Kahlia Roe Halpern

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 9/6/2023. The Court accepts defendant's amended answer 65, therefore plaintiff's motion to strike certain affirmative defenses 60 is moot. The in-person status hearing set for 9/14/2023 is stricken and reset to 9/19/2023 at 9:00 AM. Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: The in-person status hearing set for 9/19/2023 at 9:00 AM is reset to 10:00 AM (NOTE TIME CHANGE ONLY). Mailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 9/19/2023. Counsel for plaintiff reported that the parties have been exchanging discovery. Counsel is waiting to hear back from his client to answer the discovery and the parties have continued with settlement discussions. Parties have 30 days to resolve this matter, if not, the Court will refer this matter to Magistrate Judge Weisman to assist with settlement. Mailed notice.

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery supervision and settlement conference. Judge Weisman has the authority to set discovery deadlines. Mailed notice.

MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery supervision and settlement conference with authority to set discovery deadlines. Initial status hearing scheduled for 10/26/23 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Mailed notice

MOTION by Plaintiff Oakley, Inc. Joint Motion to Reschedule Status Hearing Presented before Magistrate Judge

MINUTE entry before the Honorable M. David Weisman: Plaintiff's joint motion to reschedule status hearing 72 is granted. Status hearing set for 10/26/23 is stricken and reset to 11/15/23 at 9:15 a.m. to allow parties time to finalize a written settlement agreement. If a stipulation of dismissal is filed prior to that date, the status hearing may be stricken, and no appearance will be necessary. Mailed notice

STIPULATION of Dismissal

MINUTE entry before the Honorable M. David Weisman: The parties have filed a stipulation of dismissal with prejudice 74. All matters relating to the referral of this case having been resolved, the matter is returned to the district judge. Status hearing set for 11/15/23 before Magistrate Judge Weisman is hereby stricken with no appearance required. Referral terminated. Emailed notice.

MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to the stipulation of dismissal 74, this case is dismissed with prejudice and with each party to bear their own costs and attorneys' fees. Civil case terminated. Mailed notice.