2024-cv-03058

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-21862852.

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 Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. 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.

MAILED Trademarks report to Patent Trademark Office, Alexandria VA.

(List of Trademarks ex 1)

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

AMENDED complaint by Harley-Davidson Motor Company, Inc. against vvip01 and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding amended complaint, [13]

EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Amended Schedule A regarding amended complaint, 13

MINUTE entry before the Honorable Edmond E. Chang: In response to an inquiry by the courtroom deputy as directed by the Court, the Plaintiff's counsel confirmed that R. 14 need not be under seal. The Clerk's Office shall unseal R. 14. The motion 3 to seal is terminated. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 05/24/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 05/16/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachment: # 1 Status Report Requirement).

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for discovery Expedited

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 19

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

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Edmond E. Chang: The motion [19] for electronic service of process is granted in light of the effectiveness of service by e-mail rather than physical address. The motion for expedited discovery [18] is granted to obtain information on how to electronically serve the Defendant. The Plaintiff shall promptly serve the discovery order. The tracking status hearing of 05/24/2024 is reset to 05/31/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report on service of process on 05/17/2024. Emailed notice

ORDER Signed by the Honorable Edmond E. Chang on 05/10/2024. Emailed notice

SUMMONS Issued as to Defendants The Individuals and Entities Operating VVIP01, VVIP01

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Individuals and Entities Operating VVIP01 on 5/13/2024, answer due 6/3/2024; VVIP01 on 5/13/2024, answer due 6/3/2024.

Declaration of Trevor C. Talhami

Exhibit A

STATUS Report pursuant to 22 by Harley-Davidson Motor Company, Inc.

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 25, and the return of service, R. 24, the response to the amended complaint is due on 06/03/2024. The tracking status hearing of 05/31/2024 is reset to 06/21/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file the joint initial status report by 06/13/2024. If the Defendants do not answer on time, then they are deemed to be in default and the Plaintiff shall file a motion for default judgment in a sum certain by 06/13/2024. Emailed notice

(Status Report Requirements)

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, 27

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 28

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

MINUTE entry before the Honorable Edmond E. Chang: The motion for default judgment is under advisement. The tracking status hearing of 06/21/2024 is reset to 06/28/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: On review of the motion for default judgment [27], the Plaintiff shall file a supplement citing to the docket entry and specific pages that supply the relevant screenshots of the online store. If there is no such docket entry, then the Plaintiff shall include the screenshots in the supplement. ***The supplement is due by 12:00 p.m. on 07/02/2024. IN ALL FUTURE CASES OF THIS TYPE, the Plaintiff's counsel shall file supplements with online-seller screenshots in support of default-judgment motions.*** The tracking status hearing of 06/28/2024 is reset to 07/12/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SUPPLEMENT to motion for entry of default, motion for default judgment, [27]

FINAL JUDGMENT Order signed by the Honorable Edmond E. Chang on 7/2/2024: In light of the absence of a timely answer, the motion for default judgment is granted. As explained in the order, judgment shall be entered in favor of the Plaintiff and against the Defendant in the total amount of thirty-five thousand dollars ($35,000). Permanent injunction entered given the finding of willfulness, which is established by the default. A separate AO-450 judgment shall be entered. The status hearing of 07/12/2024 is vacated. Civil case terminated. Emailed notice

ENTERED JUDGMENT on 7/2/2024. Emailed notice