2024-cv-05979

COMPLAINT filed by Crye Precision LLC; Filing fee $ 405, receipt number AILNDC-22247640.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Crye Precision LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Crye Precision LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Crye Precision LLC

Notice of Claims Involving Trademarks by Crye Precision LLC

ATTORNEY Appearance for Plaintiff Crye Precision LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Crye Precision LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Crye Precision LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Crye Precision LLC by Andrew Daniel Burnham

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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 Crye Precision LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Crye Precision LLC 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 Jonathan E. Antone regarding memorandum in support of motion[12]

Exhibit 1

SEALED EXHIBIT by Plaintiff Crye Precision LLC Exhibit 2 - Parts 1-2 regarding declaration[14]

MOTION by Plaintiff Crye Precision LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Crye Precision LLC in support of motion for miscellaneous relief[16]

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

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiff's motion for TRO [11] is denied without prejudice. The plaintiff or its counsel are directed to file, by August 5, 2024, a certification identifying the date(s) on which the screenshots included in the Exhibit 2 to the declaration were taken so that the Court may evaluate the plaintiff's contention that the defendants are actively offering infringing products for sale. The plaintiff may then renew its motion. Mailed notice

MOTION by Plaintiff Crye Precision LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery - Renewed

SEALED EXHIBIT by Plaintiff Crye Precision LLC Amended Exhibit 2 - Parts 1-2 regarding declaration[14]

DECLARATION of Andrew D. Burnham regarding order on motion for temporary restraining order, terminate motions, [19]

MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiff's ex parte motion for TRO [20] is granted. Plaintiff's motions for leave to file under seal [3] and for electronic service of process [16] are granted. Enter temporary restraining order. Mailed notice

SEALED Temporary Restraining Orde. Signed by the Honorable John J. Tharp, Jr on 7/24/2024:Mailed notice

Registry Deposit Information Form by Crye Precision LLC

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

SURETY BOND in the amount of $ 116,000.00 posted by Crye Precision LLC. (Document not scanned)

MOTION by Plaintiff Crye Precision LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Crye Precision LLC in support of motion for preliminary injunction 27

Declaration of Kahlia R. Halpern

(Exhibit 1)

SUMMONS Returned Executed by Crye Precision LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/2/2024, answer due 8/23/2024.

Declaration of Andrew D. Burnham

(Exhibit A)

MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for entry of a preliminary injunction as to certain defendants 27 is taken under advisement. Any objection or response is due by 8/8/24. Upon review of the Certificate of Service, however, the Court directs Plaintiff to supplement, by 8/6/2024, 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 by August 8, 2024. 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 Crye Precision LLC regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, 30

Exhibit A

(Exhibit B)

ATTORNEY Appearance for Defendants The Partnerships and Unincorporated Associations Identified on Schedule A, XYL-Direct by Weisun Rao for Defendant No. 14

MOTION by Defendant XYL-Direct for extension of time to file response/reply as to memorandum in support of motion[28], motion for preliminary injunction[27]

MINUTE entry before the Honorable John J. Tharp, Jr: Defendant no. 14's motion for extension of time to respond to plaintiff's motion for preliminary injunction [33] is granted. Its response is due 8/22/24. The TRO will be extended against defendant no. 41 beyond the 28-day limit while the motion for preliminary injunction is pending against it, i.e., until the Court reaches a decision on the motion. This extension is technically a conversion of the TRO to an enforceable preliminary injunction subject to appellate review. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). Mailed notice

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 27 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 8/22/24 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 8/9/2024. Mailed notice

NEW PARTIES: QingCheng, Sanke Compression Sports, SIANKO Tactical Store, Simple2017, SINAIRSOFT, Tactical Helmet Store, U-Lian, wenjir39, Will Outdoor, WNASM, XCS STORE, Xinyifu, XUETON 7-15Days Arrive, XYL-Direct, Yinwan, YOSUNPING, YUSHENGMAO, YUSHOW Online, YYF-Store, zhengzhiqi2299, Zinboes-US, sellerstore02, shenping03, shoes_home1, sneakershow, sts_the_child, supernine, tales02, taozhuang, us_denver, us_oklahoma, venot, waql, wynnethke, xing04, xing05, xuan09, yncwe, yowjo8025gs, Ailytec Inc, An Qing Bi Nie Wang Luo Ke Ji You Xian Gong Si, ChenLiJia, chenlinxkchawse, CoCopeaunts, COFPRO, Convenient science, Dahuilan Shop, Deer Eastern LH, dianshuolvye, DingAnMaiFei, dongguanfujun, EHTMSAK, EWIOUPTYER, feirentiyu, foshanshilekuajinshangmaoyouxiangongsi, furuidifeng, Gejia, GetongaDirect, hckmickey, hiyuanj, HLJXWTG, IOUPQOETRQT, itacadapter, JINMUZAO, JSWYGL, KLXWH, Kmingxintun Trading, LHZSSJ, Lilibiao Store, LILIy, Lixun, liyanwanshangmao, Lnyulong, Lqyijie Store, LSDGIEAH, Mountain Land, Mrat, MUYUANL, OWNSUMMER, People's Clothing, ShanXiWuYongLingKeJi, shunyiwangluo, taichengjiankang, TaiYuanShiXiaoHaiShang, Tawop, Tuling, Vnlpp, wangchuanyunzhi, weitongshangmao, XianYunWangLuo, xingbaohua, YHUANH, YiHWEI, YLSDL, Yuanzhan Technology, YUEERYO STORE, ZhenXinYongYun, ZYZSSJ, aling fashion cool, as78just, BAIDAI E-eommerce Co, BYnuit, chengguanyun4115, CM shop, Dibana beauty makeup, FISHYY, Ground into a dress, HDS-YOUO, JBS_FASHION, junliwenmanw, Mr.Hippo, titibameiyi, tomitany, vwmm61, xiaonei and yyz0000893 added to case caption. (Text entry; no document attached.)

MINUTE entry before the Honorable John J. Tharp, Jr: Minute entry 34 is corrected as follows: Defendant no. 14's motion for extension of time to respond to plaintiff's motion for preliminary injunction 33 is granted. Its response is due 8/22/24. The TRO will be extended against defendant no. 14 beyond the 28-day limit while the motion for preliminary injunction is pending against it, i.e., until the Court reaches a decision on the motion. This extension is technically a conversion of the TRO to an enforceable preliminary injunction subject to appellate review. H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that a district court may extend the duration of a TRO beyond the statutory limit and without consent of the enjoined party until it reaches a decision on a preliminary injunction by technically converting the TRO into an enforceable preliminary injunction subject to appellate review). Mailed notice

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendant

MOTION by Defendant XYL-Direct for extension of time to file answer Plaintiff's Motion for Preliminary Injunction and Complaint

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [38], defendant no. 7 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant no. 14's unopposed motion to for extension of time to respond to plaintiff's motion for preliminary injunction and complaint [39] is granted. The deadline for defendant no. 14 to respond to the preliminary injunction motion [27] is continued to 9/5/24. The deadline for defendant no. 14 to respond to plaintiff's complaint is extended to 9/6/24. Mailed notice

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 42, defendant nos. 17, 20, 45, 46, 54, 57, 77, 82, 85, 86, and 94 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 44, defendant nos. 6, 13, 50, 70, 93, and 97 are dismissed from this case. Mailed notice

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendants

MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by XYL-Direct to set aside order 36 XYL-Direct's motion to Dissolve Preliminary Injunction

MEMORANDUM by XYL-Direct in support of motion to vacate/set aside/correct sentence (2255)[47]

Exhibit Exhibit 1

Exhibit Exhibit 2

Exhibit Exhibit 3

Exhibit Exhibit 4

Exhibit Exhibit 5

Exhibit Exhibit 6

Defendant XYL-Direct's ANSWER to Complaint with Jury Demand by XYL-Direct

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [46], defendant nos. 2, 16, and 18 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant no. 14's motion to dissolve the preliminary injunction and/or list the asset freeze [47], construed as a response to the plaintiff's preliminary injunction motion [27], is taken under advisement. The plaintiff's reply is due by 9/19/24. Mailed notice

ATTORNEY Appearance for Defendant Ailytec Inc by Michael Thomas Stanley

MOTION by Defendant Ailytec Inc for extension of time to file answer regarding complaint[1] Defendant's First Motion for Extension of Time to Respond to the Complaint

MINUTE entry before the Honorable John J. Tharp, Jr:The matter between the plaintiff and defendant no. 14 (XYL-Direct) is referred to the assigned magistrate judge for all further discovery scheduling and supervision, as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders are included within this referral. Mailed notice

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Keri L. Holleb Hotaling for the purpose of holding proceedings related to: discovery scheduling and supervision, as well as any settlement conference the parties may jointly seek. All protective orders and confidentiality orders. Mailed notice.

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant no. 40's motion to extend [53] is granted. The deadline to answer or otherwise respond to the complaint is continued to 10/4/24. Defendant no. 40 is admonished to file all future extension requests via motion or stipulation; had defendant no. 40 filed an answer or response on 9/13/24 based merely on an undocketed agreement between the parties, the Court may have rejected the filing as late. Mailed notice

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendants

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 57, defendant nos. 5, 21, and 52 are dismissed from this case. Mailed notice

MINUTE entry before the Honorable Keri L. Holleb Hotaling: This matter has been referred to Judge Holleb Hotaling for discovery management and settlement. By 10/7/2024, the parties are to file their initial Rule 26(f) conference report which shall, inter alia, propose a fact discovery schedule and include a statement on whether the parties are interested in a settlement conference at this juncture.

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendants

REPLY by Plaintiff Crye Precision LLC to motion to vacate/set aside/correct sentence (2255)[47]

DECLARATION of Jonathan E. Antone regarding reply[61]

Exhibit 1

DECLARATION of Andrew D. Burnham regarding reply[61]

Exhibit 1

Exhibit 2

MOTION by Defendant XYL-Direct for leave to file under seal Presented before District Judge

Declaration Declaration of Zicheng Wang

Exhibit Exhibit 1 to Declaration of Zicheng Wang

Exhibit Exhibit 2 to Declaration of Zicheng Wang

Exhibit Exhibit 3 to Declaration of Zicheng Wang

MOTION by Defendant XYL-Direct to seal document Presented before District Judge

Declaration Declaration of Zicheng Wang

Exhibit Exhibit 1 to Declaration of Zicheng Wang

Exhibit Exhibit 2 to Declaration of Zicheng Wang

Exhibit Exhibit 3 to Declaration of Zicheng Wang

DECLARATION of Zicheng Wang regarding motion to vacate/set aside/correct sentence (2255)[47] by Defendant XYL-Direct

MOTION by Defendant XYL-Direct to strike MOTION by Defendant XYL-Direct for leave to file under seal Presented before District Judge [64] Presented before District Judge

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [60], defendant nos. 1, 12, 15, and 71 are dismissed from this case. Mailed notice

MOTION by Plaintiff Crye Precision LLC to strike MOTION by Defendant XYL-Direct for leave to file under seal Presented before District Judge [64], MOTION by Defendant XYL-Direct to seal document Presented before District Judge [65], declaration[66] Presented before District Judge

MINUTE entry before the Honorable John J. Tharp, Jr:Defendant no. 14's motion for leave to file documents under seal 65 is granted. The Clerk is directed to seal docket entry 65 and its attachments. The Court notes that defendant no. 14 has already filed a redacted declaration of Zicheng Wang 66 on the docket. By 9/30/24, defendant no. 14 is directed to file redacted versions of docket entries [65-2] to [65-4] (the exhibits to that declaration) or explain why redaction is not possible. Defendant no. 14's motion 67 to strike its filing at docket entry 64 is granted. The Clerk is directed to remove the documents currently filed at docket entry 64. The Court notes that its decision regarding sealing does not bear on its disposition of docket entry 69. Mailed notice

EXHIBIT by Defendant XYL-Direct regarding declaration[66]

Exhibit Exhibit 1 to Declaration of Zicheng Wang

Exhibit Exhibit 2 to Declaration of Zicheng Wang

MINUTE entry before the Honorable John J. Tharp, Jr: Having reviewed defendant no. 14's most recent filing 71, the Court agrees that Exhibit 3 of the Wang declaration [65-4] is impractical to redact. Accordingly, the Court permits this document to remain under seal without a corresponding redacted version on the docket. Mailed notice

Joint Statement Regarding 59 by Crye Precision LLC

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendants

MINUTE entry before the Honorable Keri L. Holleb Hotaling: Although Plaintiff reports settling with another Defendant [see Dkt. 73], no Rule 26(f) planning report has yet been filed (the "statement" at Dkt. 73 is not a Rule 26(f) report), as ordered [see Dkt. 59]. That Rule 26(f) report is to be filed by 10/17/2024 and shall, inter alia, detail the remaining parties in this action, propose a fact discovery schedule, and include a statement on whether any parties are interested in a settlement conference facilitated by the Court at this time.

STIPULATION of Dismissal as to a Certain Defendant (Joint)

NOTICE of Voluntary Dismissal by Crye Precision LLC as to a Certain Defendant

MOTION by Plaintiff Crye Precision LLC to approve consent judgment as to Certain Defendants (Agreed) Presented before District Judge

(Exhibit A)

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 74, defendant nos. 3, 9, and 99 are dismissed from this case. Mailed notice

MOTION by Plaintiff Crye Precision LLC for entry of default Presented before District Judge, MOTION by Plaintiff Crye Precision LLC for default judgment as to certain Defendants Presented before District Judge

(Exhibit A)

MEMORANDUM by Crye Precision LLC in support of motion for entry of default, motion for default judgment, 80

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 81

(Exhibit 1)

MINUTE entry before the Honorable Keri L. Holleb Hotaling: Pursuant to the Motion for Entry of Default and Default Judgment (Dkt. 80) and the Agreed Motion for Entry of a Consent Judgment as to Certain Defendants (Dkt. 78), which motions will terminate the case as to all defendants, the referral in this case is hereby terminated. The 10/17/2024 Rule 26(f) report date is likewise stricken. This case is returned to the assigned District Judge.

MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the parties' joint stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) [76], defendant no. 14 is dismissed from this case. In view of this dismissal, both (1) defendant no. 14's motion to dissolve the preliminary injunction and/or lift the asset freeze [47], construed as a response to the plaintiff's preliminary injunction motion [27], and (2) the plaintiff's motion to strike [69] are denied as moot.Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) [77], defendant no. 40 is dismissed from this case. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:The parties' agreed motion for entry of a consent judgment as to defendant nos. 42, 61, 65, 68, and 98 [78] is granted. Enter consent judgment. Defendant nos. 42, 61, 65, 68, and 98 are dismissed from this case. Mailed notice

CONSENT Judgment Signed by the Honorable John J. Tharp, Jr on 10/15/2024. Mailed notice

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for entry of default and default judgment [80] is taken under advisement. Any objections or responses are due by 10/25/24. The plaintiff is directed to provide defendants with notice of the default proceedings against them by 10/17/24. 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) send 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 Crye Precision LLC regarding order on motion for entry of default, order on motion for default judgment, set motion and R&R deadlines/hearings, 88

Exhibit A

(Exhibit B)

NOTICE of Voluntary Dismissal by Crye Precision LLC as to certain defendant

MINUTE entry before the Honorable John J. Tharp, Jr: Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) 90, defendant no. 4 is 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 80 is granted. Enter default judgment order. Civil case terminated. Mailed notice

DEFAULT Judgment Order. Civil case terminated. Signed by the Honorable John J. Tharp, Jr on 11/1/2024. Mailed notice

NOTICE of withdrawal of bond 26 by John Summerfield (Received at the Intake Counter on 10/2/25.) (bi,)