2023-cv-04523

2023-cv-04523 Luxottica Group S.p.A. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A

Date :7/13/2023
Court :Northen District of Illinois
Law FirmGBC

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Date

Document

1

July 13, 2023

COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20825323.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

2

July 13, 2023

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint[1]

3

July 13, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal

4

July 13, 2023

CIVIL Cover Sheet

5

July 13, 2023

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

6

July 13, 2023

Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc.

7

July 13, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio

8

July 13, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler

9

July 13, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Jake Michael Christensen

10

July 13, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable 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.

11

July 14, 2023

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,)

12

July 17, 2023

AMENDED complaint by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

13

July 17, 2023

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Amended Schedule A regarding amended complaint, [12]

14

July 17, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

15

July 17, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for temporary restraining order[14]

16

July 17, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

17

July 17, 2023

DECLARATION of Jason Groppe regarding memorandum in support of motion[15]

Exhibit 1

Exhibit 2

18

July 17, 2023

SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 3 - Parts 1-2 regarding declaration[17]

19

July 17, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

20

July 17, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for miscellaneous relief[19]

21

July 17, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

Exhibit 1

Exhibit 2

22

July 17, 2023

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file[3], motion for temporary restraining order[14], motion for miscellaneous relief[19] before Honorable Sharon Johnson Coleman on 7/25/2023 at 10:00 AM.

23

July 19, 2023

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

24

July 19, 2023

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

25

July 21, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiffs' motion for leave to file under seal 3, ex parte motion for entry of a temporary restraining order, including a temporary injunction, 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 7/25/2023 at 10:00 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice.

26

July 25, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 7/25/2023. Plaintiffs' motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, 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 8/8/2023 at 10:00 AM. Mailed notice.

27

July 25, 2023

SEALED ORDER. Signed by the Honorable Sharon Johnson Coleman on 7/25/2023. Mailed notice.

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

28

Aug. 1, 2023

TRANSCRIPT OF PROCEEDINGS held on July 25, 2023 before the Honorable Sharon Johnson Coleman. Order Number: 46419. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn Street, Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/22/2023. Redacted Transcript Deadline set for 9/1/2023. Release of Transcript Restriction set for 10/30/2023.

29

Aug. 1, 2023

SURETY BOND in the amount of $ 10,000 posted by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. (Document not Scanned)

30

Aug. 3, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order

(Exhibit A)

31

Aug. 3, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction, extension of time, 30

Declaration of Jake M. Christensen

(Exhibit 1)

32

Aug. 3, 2023

NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction, extension of time, 30 before Honorable Sharon Johnson Coleman on 8/8/2023 at 10:00 AM.

(Exhibit A)

33

Aug. 3, 2023

SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/3/2023, answer due 8/24/2023.

Declaration of Thomas J. Juettner

(Exhibit A)

34

Aug. 9, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 8/8/2023. Defendants did not appear nor contact the Court. Plaintiff's motion for entry of a preliminary injunction and to extend the temporary restraining order 30 is granted. Enter Order. The Clerk's Office is directed to unseal Schedule A to the Complaint 2 and to the Amended Complaint 13, Exhibit 3 to the Declaration of Jason Groppe 18, and the Temporary Restraining Order 27. An in-person status hearing is set for 9/25/2023 at 10:15 AM. Law Firm of Greer, Burns & Crain, Ltd. is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Mailed notice.

35

Aug. 9, 2023

PRELIMINARY INJUNCTION Order. Signed by the Honorable Sharon Johnson Coleman on 8/9/2023. Mailed notice.

NEW PARTIES: aikv5341, beefmarke-0, drdjdea865, feleb46, gqiu_99, guhuoy98, jinshanmanuo0, jsdigitalsol_0, junior-36, kelsim_7524, kuimeng-33, liadinstrumentati_0, littlehanoipho_0, lizhon-75, lyanmingtrr95, mouju-59, mzrzzh1, qizhi_8447, r90217, rayses-25, rit-9023, roxcober, sexy-sports-shop, shangheyun, slpm51, starmini_0, theoxbridgecol0 and thosae3 added to case caption.

36

Aug. 28, 2023

MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants

(Exhibit A)

37

Aug. 28, 2023

MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for entry of default, motion for default judgment, 36

(Exhibit 1)

38

Aug. 28, 2023

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 37

(Exhibit 1)

39

Aug. 28, 2023

NOTICE of Motion by Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment, 36 before Honorable Sharon Johnson Coleman on 9/6/2023 at 10:00 AM.

(Exhibit A)

40

Sept. 5, 2023

ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Kahlia Roe Halpern

41

Sept. 5, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Presentment of plaintiffs' motion for entry of default and default judgment [36] set for 9/6/2023 at 10:00 AM will proceed as an in-person hearing in courtroom 1241. Mailed notice.

42

Sept. 6, 2023

MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 9/6/2023. Defendants did not appear nor contact the Court. Plaintiffs' motion for entry of default and default judgment 36 is granted. Default judgment is entered in favor of plaintiffs and against all remaining defendants. Enter Order. The ten thousand dollar ($10,000) surety bond posted by Plaintiffs is hereby released to Plaintiffs or their 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 Plaintiffs or their counsel. Status hearing set for 9/25/2023 is stricken. Civil case terminated. Mailed notice.

43

Sept. 6, 2023

FINAL JUDGMENT ORDER. Signed by the Honorable Sharon Johnson Coleman on 9/6/2023. Mailed notice.

44

March 29, 2024

Notice of Removal of Material from the Custody of the Clerk's Office 29 Civil Bond by Plaintiffs' counsel Greer, Burns & Crain Ltd. (Received by the Intake Counter on 3/29/24).

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