2023-cv-03917

COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-20757025.

Exhibit 1

Exhibit 2

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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 John F. Kness. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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. (jk2,)

MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (jk2,)

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 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Joe Pallett regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Part 1-23 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

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Exhibit 3-22

(Exhibit 3-23)

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 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal [3], ex parte motion for a temporary restraining order [13], and motion for electronic service of process [18] are granted. 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. 15, 16. 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 [2] and [17]. 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.

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 Nike, Inc. (Document not imaged.)

MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order Ex-Parte Modified on 7/20/2023 (jk2,).

MEMORANDUM by Nike, Inc. in support of extension of time 24

(Declaration of Jake M. Christensen)

MINUTE entry before the Honorable John F. Kness: Plaintiff's Motion for extension of time [24] is granted. Enter separate order. Mailed notice

EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 7/25/2023. Mailed notice

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

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

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction, extension of time[29]

Declaration of Marcella D. Slay

Exhibit 1

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/2/2023, answer due 8/23/2023.

Declaration of Marcella D. Slay

Exhibit A

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

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

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

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

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

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

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment 37

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 38

(Exhibit 1)

MOTION by Plaintiff Nike, Inc. to approve consent judgment as to Defendant No. 86

(Exhibit A)

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [37] for entry of default and default judgment against all Defendants except Defendant No. 86. All remaining Defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 9/11/2023. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order forthwith upon all remaining Defendants and must file proof of service. Plaintiff's motion [40] for entry of a consent judgment against Defendant No. 86 is taken under advisement. Mailed notice

CERTIFICATE of Service by Plaintiff Nike, Inc. regarding text entry, [41]

Exhibit A

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

ORDER signed by the Honorable John F. Kness on 9/13/2023: Plaintiff's motion to approve a consent judgment as to Defendant zhaokeji7 (Def. No. 86) is granted. Plaintiff's motion (Dkt. 37) for entry of default judgment is granted. Plaintiff's motion (Dkt. 29) for a preliminary injunction is dismissed as moot. Enter Consent Order and Final Judgment Order. The ten-thousand-dollar ($10,000) surety bond posted by Nike, Inc. is hereby released to Nike, Inc. 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 Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Civil case terminated. Mailed notice

CONSENT JUDGMENT signed by the Honorable John F. Kness on 9/13/2023. Mailed notice

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 9/13/2023. Mailed notice

MAILED Surety Bond previously deposited with the Clerk of the Court to Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail, Article Number 7019 2280 0000 0962 5636. (Text entry; no document attached.)

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order 46 in the amount of $100,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendants

SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendants

FULL SATISFACTION of Judgment regarding order[46] in the amount of $100,000 as to certain defendant