2023-cv-03399

COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20684599.

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 Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

MAILED patent report to Patent Trademark Office, Alexandria VA.

MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Plaintiff's motion for leave to file under seal [4]. Plaintiff may file the list of Schedule A defendants and Exhibits 1 and 2 the complaint under seal for the reasons stated in Plaintiff's motion.

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)

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's Schedule A 2 contains 10 defendants and an exhibit of 58 pages of screenshots from Defendants' online stores at Exhibit 1 3. In paragraph 18 of Plaintiff's complaint, Plaintiff states that there are "notable common features" among these defendants 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." (Dkt. 1 at 78.) While these allegations may possibly be sufficient to satisfy joinder, the Court is not inclined to wade through unlabeled screenshots to determine whether joinder is satisfied as to each of the 10 defendants. Plaintiff should file a brief addressing the propriety of joinder of all 10 defendants on or before 10/23/2023. See Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020); Art Ask Agency v. Individuals, Corps., Ltd. Liab. Cos., P'ships, and Unincorporated Ass'ns Identified on Schedule "A," 21-CV-06197, 2021 WL 5493226 (N.D. Ill. Nov. 23, 2021). Plaintiff's brief must refer to specific allegations from the complaint and provide citations to specific screenshots associated with specified Schedule A defendants to demonstrate that joinder is proper as to all 10 defendants.

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

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

SEALED EXHIBIT by Plaintiff Oakley, Inc. Amended Schedule A regarding amended complaint 23

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding amended complaint 23

MINUTE entry before the Honorable Nancy L. Maldonado: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the Temporary Restraining Order (TRO), Plaintiff's motions for electronic service of process [19] and for a TRO, including a temporary injunction, a temporary asset restraint, and expedited discovery [14], are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were Defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating Plaintiff's interests in identifying the individuals and entities operating Defendant online seller, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and a sale into Illinois), the harm to Plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendant. See, e.g., Oakley, Inc. v. P'ships & Unincorporated Ass'ns Identified in Schedule "A," No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances). Expedited discovery is warranted to identify Defendants and to implement the asset freeze. Plaintiff shall deposit with the Clerk of Court one thousand dollars ($1,000.00), either cash or surety bond, as security.

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

SEALED TEMPORARY Restraining Order Signed by the Honorable Nancy L. Maldonado on 12/11/2023.

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

BOND in the amount of $1,000 check, Receipt No. 100000452, posted by Oakley, Inc.

MOTION by Attorney Jake M. Christensen to withdraw as attorney for Oakley, Inc. No party information provided

MINUTE entry before the Honorable Nancy L. Maldonado: Motion to withdraw Jake Christensen as attorney [29] is granted.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/11/2024, answer due 2/1/2024.

Declaration of Thomas J. Juettner

(Exhibit A)

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

Exhibit A

MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[33]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[34]

Exhibit 1

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for default judgment [33] is set for hearing on 02/21/24 at 10:00 a.m. by WebEx video conference, at which time Plaintiff should be prepared to address the support for a profit award of $26,833. The dial-in number for the public is: 650-479-3207; access code is: 23033986013. The parties will receive a WebEx invitation by email. Defendant shall have until 02/20/24 to file an appearance or objection to entry of default. Defendant's failure to appear at the hearing will result in the entry of default judgment against it. Plaintiff shall promptly serve their motion for default judgment and a copy of this minute entry on Defendant. Plaintiff shall also promptly file a certificate of service, confirming they have served Defendant with notice of the motion and hearing. Mailed notice

CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding set motion and R&R deadlines/hearings, 36

Exhibit A

(Exhibit B)

MINUTE entry before the Honorable Nancy L. Maldonado:Default motion hearing held on 2/21/2024 via Webex Video Conference. Defendant did not appear or object. Plaintiff's motion for entry of default and default judgment 33 is granted. Judgment is entered in favor of the Plaintiff and against the Defendant in the amount of $26,833. The one thousand dollar ($1,000) cash bond, including the interest minus the registry fee, 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 cash bond previously deposited with the Clerk of the Court to Plaintiff or its counsel by check made out to the Greer, Burns & Crain, Ltd. IOLTA Account. Enter Final Judgment Order. Civil case terminated.

FINAL JUDGMENT ORDER Signed by the Honorable Nancy L. Maldonado on 2/21/2024.

FULL SATISFACTION of Judgment regarding order 39 in the amount of $26,833