2023-cv-14388

COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-21175738.

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 John Robert Blakey. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1).

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 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 12

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13

Exhibit 1

(Exhibit 2)

DECLARATION of Jason Groppe regarding memorandum in support of motion 13

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration 15

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 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 17, motion for temporary restraining order 12, motion for leave to file 4 before Honorable John Robert Blakey on 10/11/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motions for leave to seal [4] and for electronic service of process [17]. Based upon the same materials, the Court also finds that Plaintiff's allegations support the joinder of Defendants in this single action. Plaintiff has alleged that Defendants "without any authorization or license from Oakley, have jointly and severally, knowingly and willfully offered for sale, sold, and/or imported into the United States for subsequent resale or use the same product that infringes directly and/or indirectly the Oakley Design," and that the e-commerce stores operating under the Seller Aliases "share unique identifiers establishing a logical relationship between them, suggesting that Defendants' operation arises out of the same transaction, occurrence, or series of transactions or occurrences." [1] 21, 3. More specifically, Plaintiff alleges that Defendants "share unique identifiers, such as templates with common design elements that intentionally omit any contact information or other information for identifying Defendants or other Seller Aliases they operate or use"; and "include other notable common features, 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"; additionally, the "Infringing Products offered for sale by the Seller Aliases bear similar irregularities and indicia of being unauthorized to one another, suggesting that the Infringing Products were manufactured by and come from a common source and that Defendants are interrelated." Id. 18. For present purposes, these allegations satisfy the "series of transactions or occurrences" requirement of section 299(a)(1), as well as Fed. R. Civ. P. 20(a)(2), and Plaintiff may proceed against the identified Defendants in this single action. The Court grants Plaintiff's ex parte motion for entry of a temporary restraining order [12]. Enter sealed temporary restraining order. Absent further order, this TRO will expire on 10/24/23. The 10/11/23 motion hearing is stricken as to all motions. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 10/10/2023. Mailed notice

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

MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Oakley, Inc. in Opposition to extension of time 23

(Declaration of Jake M. Christensen)

NOTICE of Motion by Jake Michael Christensen for presentment of extension of time 23 before Honorable John Robert Blakey on 10/18/2023 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 23 to extend the temporary restraining order entered 10/10/23 22. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 11/7/23. The 10/18/23 Notice of Motion date is stricken. Mailed notice

SURETY BOND in the amount of $ $10,000.00 posted by Oakley, Inc.

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

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal 28, this case is dismissed without prejudice as to Defendants (Snxx Network Technology 8) and (zhiyunchuangwangluokeji 9). Absent reinstatement within 270 days of the entry of this order, these defendants will be dismissed with prejudice without further order of the Court. Mailed notice

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[30]

Declaration of Jake M. Christensen

Exhibit 1

NOTICE of Motion by Jake Michael Christensen for presentment of motion for preliminary injunction[30] before Honorable John Robert Blakey on 11/8/2023 at 11:00 AM.

Exhibit A

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/30/2023, answer due 11/20/2023.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable John Robert Blakey: The 11/8/23 hearing on Plaintiff's motion for preliminary injunction is reset to 12:00 p.m. in Courtroom 1203. [Note: Time Change Only.] Mailed notice

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Trevor Christian Talhami

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/8/2023, answer due 11/29/2023.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 11/8/23. Plaintiff's counsel appeared. No Defendant appeared, and no Defendant has filed an appearance in this matter or otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [30], which remains directed at Defendants 5, 6, and 7. Accordingly, and based upon the same findings made in this Court's TRO [22], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [30] as to Defendants Seabird1 (No. 5), xuanxu (No. 6), and shenzhenshiweihanglingchuangwangluokejiyouxiangongsi (No. 7) only. Enter Preliminary Injunction Order. Defendants 1, 2, 3, and 4 remain excepted from this order, and Plaintiff shall serve Defendants 1, 2, 3, and 4 in accordance with Rule 4. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the Court's docket within three business days. Plaintiff may find instructions at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. This matter is set for a status hearing on 1/10/24 at 11:00 a.m. in Courtroom 1203. Mailed notice

PRELIMINARY INJUNCTION ORDER AS TO DEFENDANTS 5, 6, AND 7 Signed by the Honorable John Robert Blakey on 11/9/2023. Mailed notice

TRANSCRIPT OF PROCEEDINGS held on November 8, 2023, before the Honorable John Robert Blakey. Order Number: 47301. Court Reporter Contact Information: Laura LaCien, laura_lacien@ilnd.uscourts.gov 312-408-5032. 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 12/6/2023. Redacted Transcript Deadline set for 12/18/2023. Release of Transcript Restriction set for 2/13/2024.

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 40

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 41

(Exhibit 1)

NOTICE of Motion by Jake Michael Christensen for presentment of motion for entry of default, motion for default judgment 40 before Honorable John Robert Blakey on 12/6/2023 at 11:00 AM.

(Exhibit A)

NEW PARTIES: China RuiGreat Store, Shimano official Store, SHIMANO Store, Shop910348008 Store, Seabird1, xuanxu and shenzhenshiweihanglingchuangwangluokejiyouxiangongsi added to case caption.

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Marcella Deshonda Slay

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 12/6/2023. Defendant's failed to appear and failed to notify Chambers of any scheduling conflicts. Plaintiff's motion for default judgment 40 is granted. Enter Default Judgment Order. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 12/6/2023. Mailed notice

MAILED Patent Request Letter to Plaintiff's Counsel Justin Gaudio.

FULL SATISFACTION of Judgment regarding order[46] in the amount of the Judgment Amount as to certain defendant

ATTORNEY Appearance for Defendant Seabird1 by Christopher Paul Keleher

MOTION by Defendant Seabird1 for extension of time to file answer regarding complaint 1

FULL SATISFACTION of Judgment regarding order[46] in the amount of the Judgment Amount as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: The Court denies as moot Defendant Seabird1's motion to extend time 50. The Court previously entered default judgment 46, and Plaintiff just filed a satisfaction of judgment 51 as to this Defendant. The case remains closed. Mailed notice.

NOTICE of withdrawal of Surety bond 27 by John Summerfield. (Received at the Intake Counter on 03/29/24) (Received for docketing 04/05/24)