2023-cv-05034

COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number BILNDC-20885873.

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 1-3 regarding complaint 1

Exhibit 1-1

Exhibit 1-2

(Exhibit 1-3)

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 Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

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 13

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

Exhibit 1

(Exhibit 2)

DECLARATION of Jason Groppe regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 - Parts 1-3 regarding declaration 16

Exhibit 2-1

Exhibit 2-2

(Exhibit 2-3)

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 18

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

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal 4 and motion for electronic service of process 18 are granted. Plaintiff's ex parte motion for entry of a temporary restraining order 13 is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 9/8/2023 at 8:50 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any motion for preliminary injunction or motion to extend the TRO must be filed by 9/5/2023. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 8/25/2023.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (mek,)

SURETY BOND in the amount of $ 10,000.00 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[24]

Declaration of Jake M. Christensen

EXTENSION OF TEMPORARY RESTRAINING ORDER signed by the Honorable Matthew F. Kennelly on 9/6/2023: Motion for extension of temporary restraining order through 9/22/2023 is granted. Telephonic preliminary injunction hearing set for 9/8/2023 is vacated and reset to 9/22/2023 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. Any motion for preliminary injunction must be filed by no later than 9/19/2023.

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

MOTION by Plaintiff Oakley, Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[28]

Declaration of Jake M. Christensen

Exhibit 1

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/19/2023, answer due 10/10/2023.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction as to certain defendants is granted [28]. Enter Preliminary Injunction Order. The telephonic preliminary injunction hearing set for 9/22/2023 is vacated. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and 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. The case is set for a telephonic status hearing on 11/28/2023 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Plaintiff is directed to file a status report on 11/21/2023. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 9/20/2023. Mailed notice.

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

NEW PARTIES: cngreenshine.en.alibaba.com, Gaomi Best Crafts Co., Ltd., Ningbo General Union Co., Ltd., Shanghai Viff International Trade Co., Ltd., Wenzhou Ivision Optical Co., Ltd., Wenzhou Populus Technology Co.,Ltd, Wenzhou Sunway Eyewear Co., Ltd., Yiwu Green Shine Arts & Crafts Co., Ltd., Yiwu Haoya Glasses Co., Ltd., Yiwu Liujin Eyewear Factory, Yiwu Zhoudou glasses Co.,Ltd, RingRing Store, TAORED Fashion Store, YWAWY Sunglasses Store, AVDLAB, Captain of the Moon Ship, Fantasy Paradise, hanboguanggao, pjryc15192720, SHENQI2022, SHUOLIYAN, TingTingT, Wslcxpy, XinYaCaiWu, XNHEOR, YunYaoWuJin, aimei department store, belt_sunglasses, brandskincare11, sunglasses_ggbelt, hongkongyizhong_0, Jinao Glasses, Me GlAMOUR, QI CHEN, ReyDix A, Roza, Twocircleshop, Widersight, Yiwu Yile Co ltd, BOSONER STORE, JNN SHOP, RAIN FEARLESS, SHOP HAPPEE, TLARDER STORE, Bianchacon, Billinghurst, Cachuflito10, Casual Corner, dingzhengquan, ganmurong store, Jim Dana, Jodert, Juguichi, Lepinaje, Minimarket Tijuana, Miracle Girl Store and StatuPollo added to case caption.

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/21/2023, answer due 10/12/2023.

Declaration of Thomas J. Juettner

Exhibit A

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

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

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

GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey Cummings for all further proceedings. Honorable Matthew F. Kennelly no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023.

ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice.

STATUS Report per 39 by Oakley, Inc.

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

MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the plaintiff's status report [40], which indicates that plaintiff is continuing settlement negotiations with certain defendants and intends to move for default as to those that have not answered or otherwise appeared in due course. Mailed notice

MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing before Judge Kennelly set for 11/28/2023 is vacated because the case has been reassigned to Judge Cummings.

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

MOTION by Plaintiff Oakley, Inc. for entry of default, 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[45]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[46]

Exhibit 1

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

MINUTE entry before the Honorable Jeffrey I Cummings: Before the Court is plaintiff's motion [46] for entry of default and default judgment against all defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, an order of 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 12/29/23. If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice

CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding text entry, [49]

Exhibit A

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

MINUTE entry before the Honorable Jeffrey I Cummings: Attorney Jake M. Christensen's motion to withdraw as attorney for plaintiff [51] is granted. Jake M. Christensen is terminated as counsel for plaintiff. Mailed notice

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.

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

MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's motion for default judgment [45] is granted. Judgment is entered against each remaining defendant as set forth in the accompanying judgment order. All pending deadlines and hearings are stricken. Enter Final Judgment Order. Civil case terminated. Mailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Jeffrey I Cummings on 5/2/2024. Mailed notice

ENTERED JUDGMENT Mailed notice

MAILED patent report with copy of order 5/2/2024 to Patent Trademark Office, Alexandria VA

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Oakley, Inc to Justin R. Gaudio Greer Burns & Crain Ltd 300 South Wacker Drive Suite 2500 Chicago, IL 60606 via certified mail #7001 2510 0005 7681 6382

RETURN of Service of certified receipt # 2510 0005 7681 6382. (Receivedby Clerk's Office Mail Room on 7/8/24).