2023-cv-03678

COMPLAINT filed by Dorna Sports, S.L.; Jury Demand. Filing fee $ 402, receipt number AILNDC-20725445.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by Robert Payton Mcmurray

MOTION by Plaintiff Dorna Sports, S.L. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dorna Sports, S.L.

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. 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.

MOTION by Plaintiff Dorna Sports, S.L. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Dorna Sports, S.L. for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Dorna Sports, S.L. in support of motion for temporary restraining order, 10

Declaration Orozco Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 1 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 2 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 3 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 4 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 5 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 6 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 7 of Orozco Declaration

Notice of Claims Involving Trademarks by Dorna Sports, S.L.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 6, motion for leave to file excess pages 9, and ex parte motion for a temporary restraining order and other relief 10 are granted in part. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. See, e.g., Dkt. 11. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 7 and 12 through 18. The accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 defendants, stopping Defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by Plaintiff shows a likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to Defendants from an order directing them to stop infringement. 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 Defendants. As other judges in this District have noted, there may be reason to question both the propriety of the joinder of all Defendants in this one action and whether Plaintiff will pursue an accounting (which Plaintiff asserts as justification for an asset freeze), but at this preliminary stage, the Court is persuaded that Plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all Defendants. Expedited discovery is warranted to identify Defendants and to implement the asset freeze. If any Defendant appears and objects, the court will revisit the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 7/10/2023. Mailed notice.

MOTION by Plaintiff Dorna Sports, S.L. for extension of time Plaintiff's Ex Parte motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable John F. Kness: Plaintiff's Ex-Parte Motion to Extend the Temporary Restraining Order 22 is granted. The existingTemporary Restraining Order is extended for an additional fourteen (14) days to and including 8/7/2023. Mailed notice

ORDER to Extend the Temporary Restraining Order signed by the Honorable John F. Kness on 7/19/2023. See Order for details. Mailed notice

SURETY BOND in the amount of $ 10,000 posted by Dorna Sports, S.L. (Document not scanned.)

MOTION by Plaintiff Dorna Sports, S.L. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Dorna Sports, S.L. in support of motion for preliminary injunction 26

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 26

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto

SUMMONS Returned Executed by Dorna Sports, S.L. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto on 8/2/2023, answer due 8/23/2023.

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 26 for entry of a preliminary injunction. In connection with that motion, which is entered and continued, Plaintiff must forthwith serve all Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects on or before 8/15/2023." Plaintiff must file proof of service of the Court's statement within two business days of service. For the reasons stated in the Court's orders entering and extending the temporary restraining order ("TRO"), the TRO is further extended to and including the date on which the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice

CERTIFICATE of Service Proof of Service by Michael A. Hierl on behalf of Dorna Sports, S.L.

NOTICE of Voluntary Dismissal by Dorna Sports, S.L. Plaintiff's Notice of Voluntary Dismissal as to Defendants No. 241, 242

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for a preliminary injunction 26 is granted. Enter separate preliminary injunction order. Plaintiff's filings establish that Plaintiff has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 29 31 that it provided electronic notice to Defendants of the pendency of this case and provided a link to a website containing relevant case documents, but, despite the Court having provided 30 the opportunity to do so, no Defendant has objected to the motion for a preliminary injunction. Plaintiff's counsel is directed to ensure that all Defendants listed on Schedule A are added to the docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice

PRELIMINARY INJUNCTION ORDER signed by the Honorable John F. Kness on 10/20/2023. Mailed notice

NEW PARTIES: FuQingTai, fusiqin, FuyixinnH, fuyun shopping, fuzhong store, gaobeishi88, generyuio, George Phelps, gjtiods, gongbindasf, gouguayi9, goushu, Graceming, grandness, Gregory L Stipovich, GuangXi GuiLin TianYuan company, Gumad, guojiayin, GuoYongXiao, Gustavo Reyes, Gustocynthi, hanliming11189, haojing5993, Happy Bear World, hechunlan, HEEE_RONG, HeNaFang, hesyhaey, hjgedjhg, holleuwffk, hongbin130, houranran55007, House_Merci, huangjianbiao fashion, huangmeiqin3627 and huangyukun0705 added to case caption.

NEW PARTIES: huie45dh, huozhenlin2569, hutahaya, ian4117, ianj8, jiajiayoujingping, JialantaoyV, jihonghu29551, jilijun2580, jinmei1813, jinzhicheng55210, jisghjksdhihkerhfgsdagregae, JJMOLL Rose, Jkkijp, jodsaf, junyun_ding, kabincoat, kakdkadkakdkak, Kapzon, kdoienrud, kongjun Store, Kristaahh, ksagxd, kuangzhenhua2927, kuiqiuhengxi, kvapgmml, LeroyWilson, lfyypk8c, LiangBingQi, lichangfen Store, lichengbiao29485, lichuang39796, lifajun1567, liguangyun21375, LiHuiZhang, lijiachengz, lijiaqian83520, Lil Amazing G and Lil One Hunnet added to case caption.

NEW PARTIES: liliyao store, fushru32, fuwangpshop, FWAL7F7TH, gandong fashion, gang fashion, GangyuekongzikO, ganxiudaifan, gaodhenjiu, gaoguohua97352, gaojiale Store, gaopengh, gaoruping fashion, Gay Stanton, gbtysfd, gemengyao02365, gemystica, Genure Counred, GeorgeCates, Gethuda, ghmv698, Ginellon, Gong Donghui, Good_fine, goshoppinger, gouguangfan supper-market, Goujiayu7641, Grimboy Store, GUANFEIPANG, guanqingli, Guasng Susan Demacya, gufuquan5253, gui peng, guicai520, guihong520, guojun fashion, guolongjiang66058, Guoxin159357, gutkowskiariel517, hailun fashion, HAN.JINZHUANG, hanbousqzzz, hangguozi5, HANGXINZHEN, Hansome Mask and haosenqiuzhuang added to case caption.

NEW PARTIES: haoxiuyung, Haskell1s, haungchengxin45201, heathcotestefan, HEHUADP, hejian fashion, helie, helin Store, helinlin1787, HereGo, heyan120, heyanqing7989, hggfhgof9iof9, hieuhfiru, hkubery, Hoiry Cassior, homwoxber, honesno, hotla, Howard D Martin, hu4717z, huajian fashion, huangchangqing888, huangjiajuzhende, huangjunge fashion, huanglihua Store, HuanglinpanvGk, huangmei84637, huangqiu fashion, huangtao8765, huangwenshui8313, huangzhanxunlu, huanshhuansh, huayushuhuayi, hufrowe, HughGriseldadByPq, huibuhuinine, HUIDGKLJFVD, huixpu, hujunfang79076, huwen fashion, huwenjing fashion, Hyacinth Macaw, icixhx7i, j_x1a5bk, jack hey, Jacky Mr. Ke, Jason E. Tieman and Jason McWhirt added to case caption.

NEW PARTIES: Jay Guerra, jdbhsud, Jerry Gilreath, ji fashion, jiang fashion, jiangjiatao65635, jiangman, JIANGYOUFEI, jiangyuanli, jianlin supper-market, jianlinsong wholeshop, jianyanming495, jiaojianzhong3448, jiaqi258, jiaqi520, jiayingchaoshi6699, jiayouhaohuo, jiayue34, jidjijowksownjwjn, jijiena fashion, Jillcx, jim lester, jingsunjie6546, jinhui fashion trade, jinmingxin, JinveI skyqiong, jiudaifudeng, jiudonglingge, jkb, Jolene B Sneller, JonathanWhite, Jordan Valdez, JPANLeilani, JUNWEI13, JZH3466XW, Kaas Moktap, kabin520, kangzhan2, Karen L Cascio, KasaiSeturn, keisermrlxgvy, keke1th, Kenya Hayes, Khalo's and KimberlyMcGee added to case caption.

NEW PARTIES: Kinderberry, Kitchen fireplace, kodaskin, konglinglin64468, kudirnenw, kyuubiKurama, LaDonnike Morgan, lailei81, laoisdjodapd, Laoren, latherometers, Lawnscapes, ldh212, Learningacos, Leilei Electronic Commerce Co. LTD, LewisTee, lhwqwerkjnsdnxx, Li Peng commerce, LIANGBIXIA, liangyunlong37536, liaolei fashion, LiaopouaneSa, Liaoyuanting1005, licheny, lichunbo00419, Life GOGO, Life You You, Liga billionaire, lihuiqina, lijingzahuopu, lijunying fashion, likehao48554, likoukou, LILAANGLANG and lilianxi3572 added to case caption.

NEW PARTIES: FuQingTai, fusiqin, FuyixinnH, fuyun shopping, fuzhong store, gaobeishi88, generyuio, George Phelps, gjtiods, gongbindasf, gouguayi9, goushu, Graceming, grandness, Gregory L Stipovich, GuangXi GuiLin TianYuan company, Gumad, guojiayin, GuoYongXiao, Gustavo Reyes, Gustocynthi, hanliming11189, haojing5993, Happy Bear World, hechunlan, HEEE_RONG, HeNaFang, hesyhaey, hjgedjhg, holleuwffk, hongbin130, houranran55007, House_Merci, huangjianbiao fashion, huangmeiqin3627 and huangyukun0705 added to case caption.

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.

CERTIFICATE of Service by Robert Payton Mcmurray on behalf of Dorna Sports, S.L.

MOTION by Plaintiff Dorna Sports, S.L. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendants Identified in Amended Schedule A

(Exhibit Amended Schedule A)

MEMORANDUM by Dorna Sports, S.L. in support of motion for default judgment, 37

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 37

(Exhibit Hierl Exhibit 1)

CERTIFICATE of Service by William Benjamin Kalbac on behalf of Dorna Sports, S.L.

(Exhibit 1)

ORDER signed by the Honorable John F. Kness on 1/31/2024. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 1/31/2024. Mailed notice.