2023-cv-15961

COMPLAINT filed by Nike, Inc.; Filing fee $ 402, receipt number AILNDC-21331679.

Exhibit 1

Exhibit 2

Exhibit 3

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 Marcella Deshonda Slay

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

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). (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.)

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 11

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 12

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Joe Pallett regarding memorandum in support of motion 12

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-10 regarding declaration 14

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

Exhibit 3-4

Exhibit 3-5

Exhibit 3-6

Exhibit 3-7

Exhibit 3-8

Exhibit 3-9

(Exhibit 3-10)

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 11-14 regarding declaration 14

Exhibit 3-11

Exhibit 3-12

Exhibit 3-13

(Exhibit 3-14)

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 17

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

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO 11 is granted. Plaintiff's motions for leave to file under seal 3 and for electronic service of process 17 are granted. Enter temporary restraining order. Mailed notice

SEALED Temporary Resstraining Order Signed by the Honorable John J. Tharp, Jr on 11/20/2023. Mailed notice

SURETY BOND in the amount of $ 117,000 posted by Nike, Inc. (Document not scanned.)

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

MEMORANDUM by Nike, Inc. in support of extension of time[23]

Declaration of Marcella D. Slay

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion to extend the temporary restraining order 23 is granted. Enter order. Mailed notice

EXTENSION of Temporary Restraining Order Signed by the Honorable John J. Tharp, Jr on 11/30/2023. Mailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

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 preliminary injunction

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[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 12/13/2023, answer due 1/3/2024.

Declaration of Berel Y. Lakovitsky

Exhibit A

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notices of voluntary dismissal [27] [28] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 38, 45, 47, 49, 60, and 65 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction [29] is taken under advisement. Any objection or response is due before 12/18/23. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement the publication of the motion on the website with prominent text advising defendants that: A motion for entry of a preliminary injunction has been filed and that any responses or objections to that motion must be filed before December 18, 2023. The plaintiff must also provide to each defendant the screenshot evidence of the allegedly infringing product(s) offered and sold by that defendant that Plaintiff has provided to the Court in support of its request for a TRO and/or preliminary injunction.Mailed notice

CERTIFICATE of Service by Plaintiff Nike, Inc. regarding order on motion for preliminary injunction, text entry, [33]

Exhibit A

Exhibit B

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's motion for entry of a preliminary injunction [29] is granted. Enter preliminary injunction order. The preliminary injunction directs, among other things, that Schedule A be unsealed. Plaintiff is ordered to enter in CM/ECF no later than 12/28/23 each defendant named in the original Schedule A as a party in this case (where a defendant has been dismissed, the CM/ECF entry should reflect that status). Failure to timely comply with this requirement may result in vacating the preliminary injunction. For instructions as to how to add parties to the case docket, see https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4 Mailed notice

PRELIMINARY Injunction Order Signed by the Honorable John J. Tharp, Jr on 12/18/2023. Mailed notice

NEW PARTIES: 52hertz, A10QRMVJTXEZT, A165308A2LF7SD, A2AP0RIZL3SFZJ, A3161YAN2V2VQW, A3CGFMQ1YQEDDE, AFJBIXIR130DT, AGEM8NLEEDXJY, Amkaong, anrengyi, AXV190C5DWRWC, AYE-Custom, Boenjc, ChenPengXiaoDian, chfycnuahaigbxc, CJ POD, dongfan zhang, erlaolu, FANCY OOTD, fog of cloud, Foruesly, fuyangshihaojunfudianzishangwuyouxiangongsi, fuyangshiyuanpengzhangshangmaoyouxiangongsi, gangaonengs7, GenericUS, guangzhougandangshangmaoyouxiangongsi, hefeishendeyuwangluokejiyouxiangongsi, HENGVIE, hubeishengyuwushangmaoyouxiangongsi, Jadpes mg, jiusenzhi, KDZPW, kunminghuaishengdianzishop, KunMingYaoDongJunShangMaoYouXianGongSi, liuqi152, LiuQingRong DianZi, dazzling-paradise, giftforyou4, hefeikengdanhulianw_0, home_depot_no.1, home_store1987, itsmyway_drum, jianz-93, maxx.plus, nejebi97, NellaCustoms, carolwalsh733m2z, chinashoes520, duongphunghiepphung, fkz.plug, heloisanobre77, hotdogshop.og, shoes_6304, High st, Kuangyi footwear, Looking for shoes, Riseup, shuaino Sports, STAR PORT, Zoocoo, PRO SELLER, YH Commerce Co.Ltd, champssneakers.com, kick12.org, kicksfind.com, mangokicksmall.com, fresh stem, Gymg, huangkaiping668, huangwenliang3710, jiaguopeng1654, Katherine D Burgess, KSMH3500, Landai wig shop, LICHEN_20, licongcong2309, Lindsaysd, liuhu1715, liupengfei1, lixiaohong4065, mabin3919, Mary R Baccus, MickKy, nongzhifeng5229, NuevasCadiz, ospeoferta, panzhong3129, Paraise, pengyanlin4301, purick, Raging Impaler, Retail Resource, Sharparo, tuxi2671, wangyu9946, wanshanz, weixudong4493, xuyurong6478, yangruirui4363, ZENGJIANS, zhanghui8990, zhangshuo0121, zhaomengting0865, C&F Gifts Industrial Ltd., Fuzhou DEEPAS Trading Co., Ltd., Guangzhou Qianyu Textile Co., Ltd., Hebei Miaoshen Trading Co., Ltd., Quanzhou Xinxiangda Shoes Co., Ltd., Xiamen Yuanlong Global Trading Co., Ltd., Shop Mcrzoon Store and Shop1102907944 Store added to case caption. (Text entry; no document attached.)

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [37] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 9 and 68 are dismissed from this case. Mailed notice

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

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.

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal [39] and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 41, 59, and 62 are dismissed from this case. Mailed notice

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 42 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendant no. 21 is dismissed from this case. Mailed notice

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

(Exhibit A)

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment 44

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 45

(Exhibit 1)

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment 44 is taken under advisement. Any objections or responses are due by 1/18/24. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 1/10/24. To effectuate that notice, the Court directs the plaintiff to (1) update the website through which it has been publishing information about the case to provide notice of its motion for entry of default and default judgment, as well as the deadline to object set forth in this order and (2) sending an email to the email addresses provided for the defendants by third parties (or otherwise obtained by the plaintiff) informing them of the default proceedings against them and containing a link to the updated website. Mailed notice

CERTIFICATE of Service by Plaintiff Nike, Inc. regarding order on motion for entry of default, order on motion for default judgment, set motion and R&R deadlines/hearings, 47

Exhibit A

(Exhibit B)

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

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal 49 and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), defendants nos. 1, 13, 30, 36, 46, 58, 61, 65, and 66 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:No defendant having objected, the plaintiff's motion for default judgment 44 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment order Signed by the Honorable John J. Tharp, Jr on 1/22/2024. Mailed notice

NOTICE of withdrawal of Document 22 SURETY BOND in the amount of $ 117,000 posted by Nike, Inc., by John Summerfield, Greer Burns & Crain, Ltd.

FULL SATISFACTION of Judgment regarding order, terminated case[52] in the amount of $175,000 as to certain defendant

MINUTE entry before the Honorable John J. Tharp, Jr: Upon plaintiff's report of full satisfaction of judgment [54], the Court, pursuant to LR 58.1, enters the satisfaction of judgment as to defendant no. 16, CJ POD. Mailed notice