2024-cv-05621

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-22210005.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Birkenstock US BidCo, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Birkenstock US BidCo, Inc.

Notice of Claims Involving Trademarks by Birkenstock US BidCo, Inc.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Kahlia Roe Halpern

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable David M. Weisman. 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.)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Lucas Allen Peterson

MOTION by Plaintiff Birkenstock US BidCo, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Birkenstock US BidCo, 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

Exhibit 3

Exhibit 4

DECLARATION of Kia Holifield Wimmer regarding memorandum in support of motion[14]

Exhibit 1

SEALED EXHIBIT by Plaintiff Birkenstock US BidCo, Inc. Exhibit 2 - Parts 1 - 9 regarding declaration[16]

MOTION by Plaintiff Birkenstock US BidCo, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Birkenstock US BidCo, 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 Martha M. Pacold: For the reasons set forth in the motions ([3], [13], [18]) filed by plaintiff, the supporting memoranda ([14], [19]) and the temporary restraining order, plaintiff's motions for electronic service of process, [18], motion for leave to file under seal, [3], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, [13], are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/11/2024:

Registry Deposit Information Form by Birkenstock US BidCo, Inc.

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

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

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, [24], which seeks to voluntarily dismiss defendant No. 8 Gaoshoes-US under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. No. 8 Gaoshoes-US from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 7/16/24 identifying the remaining defendants.

MOTION by Plaintiff Birkenstock US BidCo, Inc. for Leave to Amend Schedule A to the Complaint instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, [26], by dropping defendant No. 8 Gaoshoes-US, is granted. Defendant No. 8 Gaoshoes-US is dismissed without prejudice. Plaintiff has already filed the amended Schedule A on the docket. See [27].

SURETY BOND in the amount of $ $10,000.00 posted by Birkenstock US BidCo, Inc.

MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[29]

Declaration of Kahlia R. Halpern

Exhibit 1

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/22/2024, answer due 8/12/2024.

Declaration of Lucas A. Peterson

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction 29 under advisement and will consider the motion unopposed if no defendant appears and objects by 8/2/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's orders entering the TRO, the TRO is extended to and including the date on which the court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.

MOTION by Plaintiff Birkenstock US BidCo, Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for preliminary injunction[34]

Declaration of Kahlia R. Halpern

Exhibit 1

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/2/2024, answer due 8/23/2024.

Declaration of Lucas A. Peterson

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction as to certain defendants, [34], under advisement and will consider the motion unopposed if no defendant appears and objects by 8/15/2024. Plaintiff shall service defendants with this notice.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to defendants No. 7-171, [29]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiff's motion for preliminary injunction, [29] is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/6/2024:

ORDER: The Clerk of Court is directed to unseal any previously sealed documents in this matter. Signed by the Honorable Martha M. Pacold on 8/6/2024. Mailed notice

NEW PARTIES: Dongguan Zhonghao Trading Co., Ltd., GUANGZHOU YAFEI SHOES TRADING CO., LTD, Hangzhou Guoluo Fei E-Commerce Co., Ltd., Jiangsu Happy Textile Co., Ltd., Quanzhou Jinsheng Shoes Co., Ltd., Shenzhen Kalaier Supply Chain Management Co., Ltd., duypin, HE HUIYUN, KEYWAY SHOES, KLUKGE, volker stores, aigogo_shoes, aj_boots, aj_sports_brand, ajdunkseller008, anheshoes_top01, anime_shoe, balenciciga, bangstore8, bapestar, beego, beego520888, best_buyer_kl, blackingshoes, boyshoe, bright_shop, bstsneaker120, canvas_shoe, cc_brandes, chinafactory_1, chloeslide, cn_sneakrs, dafu07, dalagan888, datangzgzz50, deargod1, designershoes990, dhfashion987, dhgate_xx, dhgateshoes_24hstore, dhhxgonline, dhwlshop001, dhxysyshop, discount_shoes_sport, dloutdoorpop, dunksellerjordan, east_jewelry, elitehousehold, enjoyshopping001, factory_1, faddish8899, fafaevery, fashion_shoes8, fashionbag8, fc_fa, fcfafafa, feitianmaotai, fwzlyx, fzsneakers, gaoshou_9527, gfexyshoes86, ggsneakers01, ghjklll, glasses1999, glasses899, goatsssssss_shop, good_gh1, good_shoes2024, goodshoes678, greatshoes113, guzzi, h_shop, ha_premium, hegu11, highstreetshoess, hnsgjfgk, hoka_sneakers, home_shoe_store, independencex, jogging350v2, jordans4, Jsem_home, jumpmanshoes01, jzh_1234, kudi_shoe_store, lebron_shoe, lianmang, likeshoes1, lilyshoes1, local_warehouses, lucasbb, lucky_star_777, luckyboots2024, luxuryglass_shoes, luxuryshop1978, luxurystore699, maoxiong, max_shoes_, maxoreshoes, mingshoes8, missshoes, moseshoes, neishoes668, nice_sports_shop, offwhite_slipper, ogmine_sneakers, oncloudred, outdoorsportswj, pcc_shoes, Prastore, privatesphere, putianman, qinmin1234, redbottom_shoe, renrenxinfu, samba_shoe, scarpejord, shechui, shengmeida1, shoe_woman, shoes__cabinet, shoes_kd123, shoes01top, shoes12345678, shoes515, shoeszy666, shoewholesalerbig, shunxin2014888, sku_shoes, slippersshoes, sneaker_man, sneakerfactorys, sneakers_pb, solestage1, source_goods, sportssellerj4, super_running168, t_fashshop, tazzs, tennis_shoe, Tn_shoe, tnshoes_shop2, tnshoes_shop8, top_luxurybags, top1_shoe, topsneaker8, uggskids, valentino_shoe, vintage_gucci, wholesaleshoes2028, wingtip_shoe, worldwide_shop, xiaohui66604, xiatian_sneakers, yangmi577, yeezy350shoes66, young_shoes, yzj0015, yzy_shoes_store, zdm0612, zdm230612, zhoshoe3g, zmkj29, zxy161217, DELINLIN, hangxuan, NIEWTR, TaiYuanShiZhiLeKeJiYouXianGongSi, zhenpingxiandainazhubaoyouxiangongsi and bloodyshoes-onsale.com added to case caption. (Text entry; no document attached.)

MOTION by Plaintiff Birkenstock US BidCo, Inc. for Leave to Amend Schedule A to the Complaint instanter

AMENDED exhibit[2] Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to amend Schedule A to the complaint instanter, [41], by dropping defendant No. 168 NIEWTR, is granted. Defendant No. 168 NIEWTR is dismissed. Plaintiff has already filed the amended Schedule A on the docket, [42]. Mailed notice.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction against defendants No. 16, [34]. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction, [34], is granted. Enter Preliminary Injunction. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Exhibit 1 to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Plaintiff is directed to file a status report by 8/23/24 updating the court on the status of the case, including proposed next steps. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/21/2024. Mailed notice.

STATUS Report per [44] by Birkenstock US BidCo, Inc.

Exhibit A

MOTION by Plaintiff Birkenstock US BidCo, Inc. for entry of default, MOTION by Plaintiff Birkenstock US BidCo, Inc. for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for entry of default, motion for default judgment 47

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 48

(Exhibit 1)

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and default judgment, 47, must enter an appearance and file a written objection by 9/12/2024. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

OBJECTIONS by Jiangsu Happy Textile Co., Ltd. to MOTION by Plaintiff Birkenstock US BidCo, Inc. for entry of default MOTION by Plaintiff Birkenstock US BidCo, Inc. for default judgment as to all Defendants [47]

MOTION by Defendant Jiangsu Happy Textile Co., Ltd. to dismiss the Complaint

MEMORANDUM by Jiangsu Happy Textile Co., Ltd. in support of motion to dismiss[52] the Complaint

DECLARATION of Constance Yin regarding motion to dismiss[52], objections, [51], memorandum in support of motion[53]

Exhibit A

ATTORNEY Appearance for Defendant Jiangsu Happy Textile Co., Ltd. by Mark Berkowitz

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Berel Yonathan Lakovitsky

MOTION by Defendant Jiangsu Happy Textile Co., Ltd. to vacate preliminary injunction[45] - Expedited Motion to Modify the Preliminary Injunction Order

MEMORANDUM by Jiangsu Happy Textile Co., Ltd. in support of motion to vacate[57] - Memorandum in Support of Expedited Motion to Modify the Preliminary Injunction Order

MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant Jiangsu Happy Textile Co., Ltd.'s motion to dismiss, [52]. By 9/27/2024, the parties should confer ad file a status report with an agreed proposed briefing schedule.

Proposed Briefing Schedule for Defendant's EXPEDITED Motion to Modify the Preliminary Injunction Order [57] STATEMENT by Jiangsu Happy Textile Co., Ltd.

MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing to address defendant Jiangsu Happy Textile Co., Ltd.'s motion to dismiss [52], and expedited motion to modify the preliminary injunction order [57] is set for 9/26/2024 at 9:10 a.m. Dial toll-free call-in number: (888) 684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court.

MOTION by Plaintiff Birkenstock US BidCo, Inc. to compel

Declaration of Justin R. Gaudio

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

MINUTE entry before the Honorable Martha M. Pacold: Telephone motion hearing held on 9/26/2024. An in-person motion hearing is set for 10/1/2024 at 11:30 a.m. in Courtroom 2325. Any response by plaintiff to defendant Jiangsu Happy Textile Co., Ltd's expedited motion to modify the preliminary injunction order [57] is due by 9/30/2024.

ATTORNEY Appearance for Defendant Jiangsu Happy Textile Co., Ltd. by Christopher Paul Keleher

RESPONSE by Birkenstock US BidCo, Inc. to MOTION by Defendant Jiangsu Happy Textile Co., Ltd. to vacate preliminary injunction[45] - Expedited Motion to Modify the Preliminary Injunction Order [57]

Declaration of Justin R. Gaudio

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

MINUTE entry before the Honorable Martha M. Pacold: In-person motion hearing held on 10/1/2024. Defendant Jiangsu Happy Textile Co., Ltd's expedited motion to modify the preliminary injunction order [57] remains under advisement. Defendant's supplemental declaration is due by 10/9/2024.

TRANSCRIPT OF PROCEEDINGS held on 10/1/24 before the Honorable Martha M. Pacold. Order Number: 49950. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. 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 10/23/2024. Redacted Transcript Deadline set for 11/4/2024. Release of Transcript Restriction set for 12/31/2024.

DECLARATION of Constance Yin regarding motion hearing, 66, motion to vacate 57

MINUTE entry before the Honorable Martha M. Pacold: Defendant Jiangsu Happy Textile Co. Ltd.'s motion to modify the preliminary injunction order, 57, is denied without prejudice to renewal should defendant produce additional evidence that the amount of the restraint is not reasonably necessary to secure future equitable relief. Defendant moves to dissolve the injunction, but as in Antsy Labs, LLC v. Individuals, Corps., Ltd. Liab. Companies, Partnerships, & Unincorporated Associations Identified on Schedule A Hereto, No. 21 C 3289, 2022 WL 17176498 (N.D. Ill. Nov. 23, 2022), defendant "do[es] not discuss whether Plaintiffs are likely to succeed on the merits" and thus has "effectively conceded that there is evidence of infringement." Id. at *2. As other courts in this district have held: "To exempt assets from an asset freeze, '[t]he burden is on the party seeking relief to present documentary proof that particular assets [are] not the proceeds of counterfeiting activities.'" Monster Energy Co. v. Wensheng, 136 F. Supp. 3d 897, 910 (N.D. Ill. 2015) (quoting Luxottica USA LLC v. The Partnerships & Unincorporated Associations Identified on Schedule "A", No. 1:14cv09061, 2015 WL 3818622, at *5 (N.D. Ill. June 18, 2015)). In support of its motion to modify the order, defendant submitted a declaration of Constance Yin, the manager of Jiangsu Happy Textile Co. Ltd., claiming that defendant has only sold one allegedly infringing slipper worth $10, 54 Paragraphs 8-14. Defendant also submitted a screenshot from defendant's Alibaba account purporting to show that defendant only sold the product once. [54-1]. But this screenshot "lack[s] the information that would allow the Court to determine that those were the only sales" defendant made on the platform. See Delta Tech. Dev. LLC v. BIGJOYS, No. 24 -cv-2406, 2024 WL 3755929, at *9 (N.D. Ill. Aug. 12, 2024) (screenshot of Amazon sales portal information insufficient to warrant dissolution of preliminary injunction when defendant could have sought the data from Amazon itself). Neither the declaration nor the screenshot explained how or whether defendant can access data about defendant's own account at Alibaba, or whether these materials (the declaration and screenshot) represent the complete universe of sales information that defendant, as the account holder, can access or obtain from Alibaba. Thus, these materials did not provide a reliable basis to conclude that defendant had disclosed all sales of the product. And it is unclear why defendant could not obtain such data directly from Alibaba. At the hearing held on 10/2/24, defendant argued that this screenshot represents the "entire universe" of sales of the product. 67 at 12:00:0212:00:17. The court then ordered counsel to confer with his client and produce either (1) a supplemental declaration that explains defendant "has no more records" it can obtain or (2) "records of all the sales" of the slipper. 67 at 1:16:071:16:40. Defendant's response, the supplemental declaration of Constance Yin, 68, provides neither. The declaration is largely redundant with the prior declaration submitted in support of defendant's motion to dismiss. 54. It confirms neither that no other transaction records exist nor that defendant is unable to obtain such records. Defendant has not carried its burden of exempting its assets from the restraint. As a result, defendant's motion to modify the preliminary injunction, 57, is denied. However, as in Antsy Labs, the court "is willing to reconsider the asset freeze if Defendant[ ] suppl[ies] more reliable records to Plaintiff[ ] and the court." Antsy Labs, 2022 WL 17176498, at *5. By 11/8/2024, the parties should confer and file a joint status report with a proposed briefing schedule for defendant's motion to dismiss. 52. Mailed notice. (jn,) Modified on 11/1/2024.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Jennifer Van Nacht

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file any motions for leave to amend the pleadings, to set a dispositive motions schedule, for settlement, and for proceedings related to Plaintiff's motion to compel, [62].

STATUS Report (Joint) per [69] by Birkenstock US BidCo, Inc. Presented before Magistrate Judge

MINUTE entry before the Honorable M. David Weisman: The parties' proposed briefing schedule on the motion to dismiss the complaint [52] to be presented to the district court, as directed in the district court's 11/1/24 minute entry [69]. The case has been referred to Magistrate Judge Weisman for purposes of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file any motions for leave to amend the pleadings, to set a dispositive motions schedule, for settlement, and for proceedings related to Plaintiff's motion to compel, [62]. Status and motion hearing set for 11/26/24 at 9:00 a.m. Defendant DONGGUAN ZHONGHAO TRADING CO., LTD., et al.'s response to the motion to compel [62] due 11/20/24. Parties shall be prepared to argue the motion to compel at the 11/26/24 status hearing. Joint status report due by noon on 11/25/24 setting forth any outstanding discovery issues and any other issues the parties wish to raise. Mailed notice

STATUS Report per [69] by Birkenstock US BidCo, Inc. Presented before District Judge

MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed plaintiff's status report, and adopts parties' proposed briefing schedule 74. Plaintiff's response brief is due 12/3/24. Defendant no. 4 Jiangsu Happy Textile Co., Ltd.'s reply brief, if any, is due 12/17/24. Mailed notice. (jn,)

RESPONSE by Jiangsu Happy Textile Co., Ltd.in Opposition to MOTION by Plaintiff Birkenstock US BidCo, Inc. to compel [62]

MINUTE entry before the Honorable M. David Weisman: The Court has reviewed Defendant's response to the motion to compel 62 and agrees that the best course is to wait for briefing to be completed on the pending motion to dismiss, which could be dispositive, prior to addressing the motion to compel. Accordingly, the motion 62 and status hearing set for 11/26/24 is stricken and reset to 1/8/25 at 9:15 a.m. Joint status report of no more than 5 pages due by noon on 1/6/25 briefly setting forth the parties' positions of the impact, if any, of the briefing on the motion to dismiss on the motion to compel. Mailed notice

RESPONSE by Plaintiff Birkenstock US BidCo, Inc. to motion to dismiss 52 and Motion to Sever Defendant No. 4 and for Leave to File an Amended Complaint

(Exhibit 1)

DECLARATION of Berel Y. Lakovitsky regarding Response 78

Exhibit 1

Exhibit 2

(Exhibit 3)

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Thomas Joseph Juettner

NOTICE of Voluntary Dismissal by Birkenstock US BidCo, Inc. as to certain defendant

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, [81], which seeks to voluntarily dismiss defendant No. 23 beego520888 under Rule 41(a)(1). As the court explained in its earlier 7/15/24 order, [25], Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action, Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. 23 beego520888 from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A form by 12/13/24 identifying the remaining defendants. Mailed notice.

AMENDED exhibit 2 Amended Schedule A

Joint Motion to Stay Deadlines and Notice of Settlement by Jiangsu Happy Textile Co., Ltd.

MINUTE entry before the Honorable Martha M. Pacold: The court has received Birkenstock US BidCo, Inc. and Jiangsu Happy Textile Co., Ltd.'s notice of settlement. 84. All pending deadlines are stayed. By 1/16/2025, the parties should file a joint status report updating the court on the status of settlement if a stipulation of dismissal is not filed before that date.

MINUTE entry before the Honorable M. David Weisman: In light of the notice of settlement 84, the status hearing set for 1/8/25 and the accompanying status report are stricken. Status hearing set for 1/21/25 at 9:15 a.m. Joint status report due by 1/16/25 setting forth any additional matters to be resolved by this Court. Mailed notice

STATUS Report per 85 (Joint) by Birkenstock US BidCo, Inc. Presented before District Judge

STATUS Report per 86 (Joint) by Birkenstock US BidCo, Inc. Presented before Magistrate Judge

MINUTE entry before the Honorable M. David Weisman: In light of the joint status report 88 indicating that the parties anticipate fully executing the settlement agreement in the next 14 days, the status hearing set for 1/21/25 is stricken and reset to 2/6/25 at 1:00 p.m. Stipulation to dismiss or joint status report due by noon on 2/4/25. Mailed notice

MOTION by Plaintiff Birkenstock US BidCo, Inc. for Leave to Amend Schedule A to the Complaint Instanter Presented before District Judge

AMENDED exhibit 2 Amended Schedule A

STATUS Report Pursuant to [89] by Birkenstock US BidCo, Inc. Presented before Magistrate Judge

MINUTE entry before the Honorable M. David Weisman: In light of the parties' joint status report [92] indicating that Plaintiff and Defendant Jiangsu Happy Textile Co. Ltd. have executed and effectuated the settlement agreement, and Plaintiff has filed a motion for leave to amend the complaint before the District Court, the status hearing set for 2/6/25 is stricken and reset to 4/2/25 at 9:15 a.m. Joint status report due by noon on 3/31/25 setting forth whether any outstanding settlement or discovery issues exist that need to be addressed. Mailed notice

ORDER: Plaintiff's motion for leave to file an amended Schedule A, [90], is granted. The amended schedule A is already filed on the docket. [91]. Defendant no. 4 Jiangsu Happy Textile Co., Ltd. is dismissed with prejudice. Defendant Jiangsu Happy Textile Co., Ltd.'s motion to dismiss, [52], and plaintiff's motion to compel, [62], are denied as moot. 2. With respect to the remaining defendants, none have appeared to respond to plaintiff's motion for entry of default and default judgment, [47]. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded in the amount of $100,000 per defaulting defendant, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its marks causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. None of the remaining defendants have appeared to argue otherwise. Thus, the court also finds that the balance of the hardships favors an injunction. The Clerk of the Court is directed to return the $10,000 surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain Ltd., 200 West Madison St, Suite 2100, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Terminate civil case. Signed by the Honorable Martha M. Pacold on February 4, 2025. Mailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on February 4, 2025. Mailed notice

MINUTE entry before the Honorable M. David Weisman: In light of the default judgment order entered by the District Court, all matters relating to the referral of this case have been resolved. Status hearing set for 4/2/25 is stricken. The case is returned to the District Court and the referral is terminated. Mailed notice

FULL SATISFACTION of Judgment regarding Default Judgment 95 as to certain defendant