2024-cv-02600

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-21805852.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.

Notice of Claims Involving Trademarks by Harley-Davidson Motor Company, Inc.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Trevor Christian Talhami

CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2).

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 Harley-Davidson Motor Company, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Harley-Davidson Motor Company, 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 Adraea M. Brown regarding memorandum in support of motion 12

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 3 - Parts 1-4 regarding declaration 14

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

(Exhibit 3-4)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 11, motion for leave to file 3, motion for miscellaneous relief 16 before Honorable John Robert Blakey on 4/10/2024 at 11:00 AM.

MINUTE entry before the Honorable John Robert Blakey: Based upon the materials submitted, this Court grants Plaintiff's motion for leave to file under seal [3] and motion for leave to serve Defendants electronically [16]. The Court also grants Plaintiff's ex parte motion for entry of a temporary restraining order [11]. Enter sealed temporary restraining order. Consistent with the attached order, Plaintiff shall deposit with the Court eighty-nine thousand dollars ($89,000), either cash or surety bond, as security. Absent further order, this TRO will expire on 4/19/24. The 4/10/24 Notice of Motion date is stricken as to all motions. Mailed notice

SEALED ORDER Signed by the Honorable John Robert Blakey on 4/5/2024. Mailed notice

Registry Deposit Information Form by Harley-Davidson Motor Company, Inc.

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of extension of time 23

(Declaration of Marcella D. Slay)

NOTICE of Motion by Marcella Deshonda Slay for presentment of extension of time 23 before Honorable John Robert Blakey on 4/17/2024 at 11:00 AM.

SURETY BOND in the amount of $89,000 posted by Harley-Davidson Motor Company, Inc. (Document not scanned)

MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's ex parte motion 23 to extend the temporary restraining order entered 4/5/24 21 and strikes the 4/17/24 Notice of Motion date. The Court finds that good cause exists to extend the temporary restraining order, and the order is hereby extended an additional fourteen days, to 5/3/24. Mailed notice

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

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

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction 29

Declaration of Marcella Slay

(Exhibit 1)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 29 before Honorable John Robert Blakey on 5/1/2024 at 11:00 AM.

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 4/26/2024, answer due 5/17/2024.

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Based upon the notice of voluntary dismissal 28, this case is dismissed without prejudice as to the following Defendants: ashwu-33 3; baitia-19 5; betterlife001 6; bingtut25 7; coolhair88 9; durable-products 12; enha97951 14; factorylinepro 15; Fashion House-K 16; fashionclothing88 17; fashionshoes8815 18; Fashionstyle 19; ga_805157 20; GoodTimesGT01 21; guang-3659 23; Happy Value Store-A 24; Happylqmf1 25; HappyShopping_A 26; hiclient 28; homegoodsparts1 32; jiangl-20 35; jiangxin_99 36; jingh5235 37; jiny_4924 38; jomo 39; Lemon TreeM 42; liaosal77 44; luzhi-40 46; maohong 49; menghuanxingkong2402 50; mengkeshop 51; mingriz-9 54; mingti_57 55; money fighting 56; My Black Kitten 57; New Fashionable Style 58; new2-1098 59; prettystyle2007 62; qiang7776 63; runyikeji024 66; sellershuang 67; sho3988 69; shuangcn 70; upforbest 72; wangtian_57 74; wanshan_12 75; weiwux_44 76; windylegend 77; winter-fl-84 78; wonderfulmall 79; Wule_15 80; wushua-19 81; xiaome_2523 83; xiax_7747 84; xibe_20 85; xingus 86; yaojie_80 87; and your-intimate-store 88. Absent reinstatement by 12/26/24, the dismissal shall automatically convert to a dismissal with prejudice. Mailed notice.

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

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Luana Faria De Souza (Faria De Souza, Luana)

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on Plaintiff's motion for entry of a preliminary injunction [29]. Plaintiff appeared but no Defendants appeared. And no defendant has otherwise objected in response to the TRO or Plaintiff's motion for entry of a preliminary injunction [29]. Accordingly, and based upon the same findings made in this Court's TRO [21], this Court finds that a preliminary injunction is appropriate and warranted, as well as unopposed and grants Plaintiff's motion for preliminary injunction [29]. Enter Preliminary Injunction Order. The Court directs the Clerk to unseal any previously sealed documents in this matter. Plaintiff's counsel shall 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. By 6/17/24, Plaintiff shall file a status report regarding the status of service of process, settlement discussions, and any further information that Plaintiff wishes to bring to the Court's attention. Mailed notice.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable John Robert Blakey on 5/1/2024. Mailed notice.

NEW PARTIES: acollect12, amber711, autoparts618, changho-01, damtr4312, darcy.g31, elva.d-99, gturner._4, Hat and fur watch specialty store, hikelifes, hilda.71, homegardencnllc, hon_1819, ivory-76, karla._1964, leasel-7, leon.h63, litruong-52, mad-3532, mai_6872, mhl_12, miguel.-2669, nin_7735, nuoxinuk, roaopp-us, ruilin6, seven-half-2022, thnguyent-6, vuonkh_0, wwwh731241 and CoCopeanut added to case caption.

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

MINUTE entry before the Honorable John Robert Blakey: Based upon Plaintiff's notice of voluntary dismissal 37, this case is dismissed without prejudice as to Defendant homegardencnllc (No. 31). Absent reinstatement by 2/3/25, this dismissal shall automatically convert to a dismissal with prejudice. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal [41], this case is dismissed without prejudice as to Defendants amber711 and autoparts618. Absent reinstatement within 270 days of the entry of this order, this dismissal will convert to one with prejudice without further order or the Court. Mailed notice

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to a certain Defendant

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, 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)

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment, 44 before Honorable John Robert Blakey on 5/29/2024 at 11:00 AM.

(Exhibit A)

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 5/29/2024 on Plaintiff's motion for default judgment 44. No defendant having appeared to object to the motion or otherwise, and for the reasons explained in the accompanying order, the Court grants Plaintiff's motion for entry of default and default judgment as to the Defendants identified in the attached Amended Schedule A. Enter Default Judgment Order. All matters in dispute now having been resolved, the case is closed. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable John Robert Blakey on 5/29/2024. Mailed notice

NOTICE of withdrawal of surety bond[26] by John Summerfield. (Received via Box.com on 07/25/24)

MAILED trademark report with certified copy of minute roder dated 5/29/2024 to Patent Trademark Office, Alexandria VA. (jn,)