2024-cv-06806

COMPLAINT filed by Crye Precision LLC; Filing fee $ 405, receipt number AILNDC-22319545.

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 Mary M. Rowland. Designated as Magistrate Judge the Honorable Maria Valdez. 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

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 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Jonathan E. Antone regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Crye Precision LLC Exhibit 2 - Parts 1-2 regarding declaration 16

Exhibit 2-1

(Exhibit 2-2)

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 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 13 is granted. Plaintiff's motion for electronic service of process 18 and motion to file under seal 3 is granted. Enter Sealed Temporary Restraining Order. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Mary M. Rowland on 8/9/2024. 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.)

INJUNCTION BOND in the amount of $ 118,000.00 posted by Crye Precision LLC. (Document not scanned)

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

MOTION by Plaintiff Crye Precision LLC for preliminary injunction

Exhibit A

MEMORANDUM by Crye Precision LLC in support of motion for preliminary injunction[26]

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 8/19/2024, answer due 9/9/2024.

Declaration of Andrew D. Burnham

Exhibit A

ATTORNEY Appearance for Defendant Ehope by David Silver

MOTION by Defendant Ehope to set a briefing schedule (Joint) re PRELIMINARY INJUNCTION AND EXTENSION ON EXPEDITED DISCOVERY RESPONSES

MINUTE entry before the Honorable Mary M. Rowland: Ethope's motion for briefing schedule 30 is granted. This schedule applies to defendant Ethope only. Ethope to response to the motion for preliminary injunction by 9/3/24; reply due 9/17/24. The TRO will remain in place as to Ethope while the motion is pending. Ethope to respond to discovery requests by 9/3/24. Mailed notice.

ATTORNEY Appearance for Defendant RHINO RESCUE by Benjamin Solter

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

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for entry of a preliminary injunction 26 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website located at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. In addition, is a link to video instructions for Plaintiff to view on how to Add Terminate Party https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Plaintiff should file a status report by 10/7/24. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Mary M. Rowland on 8/30/2024. Mailed notice.

NEW PARTIES: A123ISKOMTN1AA, ACTIONUNION, Adamion, Aekvinks, aisaifu Mall, Aoglenic, BARST-US, BestMi, BHGRMY, Bknnami, BYT Collections, Camouflagecollection, Canyy, chengdulannongludianzishangwuyouxiangongsi, chenlistore, Chinmor, classikhouse, County Grand, CUSHDNM, Daliangw, Denise Stroth, DETECH, dghuda, dianziriyongbaihuo, Dongdongke, DONGYUAK, DRAGON EDGE OUTDOOR, Dunsi, DUZHONG, Ehemy, Ehope, Emsrun, Erica Acsaw, FCXZI, Great Supplier, GZWEDO, H World Shopping, Harvey Senck, HECOO, Hefei Shangsale E-commerce Co., Ltd, Helf Outdoor, HFDVSGJN, Hng Kiang OUTDOOR, HNQTJC, Huenco, Jacrane, jadedragon, JFFCESTORE, Jingyew, Jingzhou, Jintina, JinXiangYang, JQSP-Direct, JSFOIRYROU 7-15 Day Delivery, JUJUPUPS, Jump Pocket, Junfeng Liu, Just for ur life, kvmfkvj, LANDUNSI WOMEN CLOTHING, Lanzon Direct, larryandmackshop, Leisontac, Lemubeane, Li Ron, LIASDOVO, LinHangTongKe, Lufeng, bei09, brand_1v1_designer_, curtainy, datai, ddmydesign, ddmyhome, duixinju, ejuhua, elobleamate, euding, forbesany, fredericay, gonzizhen, gucipradas, hellosally, hogon, huo05, huo06, jiao06, ke2022, lilykang, lukasamanic, ch1729, chy-store2021, deng8718, Desert flower store, Factory official store, GTK Sports Store, HuntingOutdoorStore, liming's Makeup shop, baitongfushiyouxiangongsi, changyudao, EWQOPRUITY, fengduwashangmao, GEEEWN, goodssky, jinanqiuliangwangluokeji, KuangQiQi, longuan, adsl2763, blackbenz, CCR International, DRAGON, fishwhy, Funny shooop, jiexi home, juan1688, junxiangmaoyi, KING and liujieliu added to case caption. (Text entry; no document attached.)

ATTORNEY Appearance for Defendant Chinmor by Shaoyi Che

RESPONSE by Defendant Ehope to memorandum in support of motion[27] in Opposition to Preliminary Injunction and Asset Restraint

Declaration of D. Silver in Support of Opposition to Preliminary Injunction

Exhibit 1 to the Declaration of of D. Silver in Support of Opposition to Prelimi

Exhibit 2 to the Declaration of of D. Silver in Support of Opposition to Prelimi

Exhibit 3 to the Declaration of of D. Silver in Support of Opposition to Prelimi

Declaration of X. Wu in Support of Opposition to Preliminary Injunction

Exhibit 4 to the Declaration of of X. Wu in Support of Opposition to Preliminary

Exhibit 5 to the Declaration of of X. Wu in Support of Opposition to Preliminary

ATTORNEY Appearance for Defendant Chinmor by Zhongyi Huang

MOTION by Defendant Chinmor for extension of time to file answer

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

MINUTE entry before the Honorable Mary M. Rowland: Defendant Shenzhen Qianmo E-commerce Co. Ltd's motion for extension of time to answer or otherwise plead [39] is granted. The time to answer or otherwise plead is extended to Sep 22, 2024. Mailed notice.

ANSWER to Complaint with Jury Demand by Ehope

ATTORNEY Appearance for Defendant Emsrun by Benjamin Solter

MOTION by Defendant Emsrun for extension of time unopposed

MOTION by Defendant Emsrun for bond in lieu of an asset restraint unopposed

MINUTE entry before the Honorable Mary M. Rowland: Defendant Emsrun's unopposed motion for extension of time [44] is granted. Response due 9/30/24. Defendant Emsrun's unopposed motion for bond in lieu of asset restraint [45] is granted. The parties are to send a proposed order to the court's proposed order box at Proposed_Order_Rowland@ilnd.uscourts.gov if necessary. Mailed notice.

MOTION by Defendant Chinmor to vacate preliminary injunction[35] against certain Defendant

Declaration Declaration of Shaoyi Che

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

MINUTE entry before the Honorable Mary M. Rowland: Response to the motion to vacate injunction due 9/30/24. Mailed notice.

REPLY by Crye Precision LLC to Response, [37]

DECLARATION of Jonathan E. Antone regarding reply to response to motion[50]

Exhibit 1

DECLARATION of Andrew D. Burnham regarding reply to response to motion[50]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

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

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

MINUTE entry before the Honorable Mary M. Rowland: Defendant No. 16 Chinmor and plaintiff have resolved their dispute. Defendant's motion to vacate the preliminary injunction [47] is denied as moot. Plaintiff is to file a status report by 10/15/24. Mailed notice.

STIPULATION of Dismissal as to a Certain Defendant (Joint)

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

STATUS Report Pursuant to [34] by Crye Precision LLC

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the status report [58]. Motion for default due on or before 10/22/24. Mailed notice.

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

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

MOTION by Plaintiff Crye Precision LLC for entry of default, MOTION by Plaintiff Crye Precision LLC for default judgment as to All Remaining Defendants

(Exhibit A)

MEMORANDUM by Crye Precision LLC in support of motion for entry of default, motion for default judgment 62

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 63

Exhibit 1

(Exhibit 2)

STATUS Report Pursuant to [55] by Crye Precision LLC

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: Responses to motion for default are due 10/29/24. Status report due 11/5/24. Mailed notice.

MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the status report [65]. Status report remains due 11/5/24. [66]. Mailed notice.

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

RESPONSE by A123ISKOMTN1AAin Opposition to motion for default. MOTION by Plaintiff Crye Precision LLC for default judgment as to All Remaining Defendants [62] (Received via pro se email on 10/30/2024)

RESPONSE by larryandmackshopin Opposition to motion for default [62].

MOTION by Plaintiff Crye Precision LLC to strike response in opposition to motion 69, response in opposition to motion 70 or in the Alternative, Compel Defendants to Obtain U.S. Counsel

(Exhibit A)

STATUS Report Pursuant to [67] by Crye Precision LLC

Exhibit A

MINUTE entry before the Honorable Mary M. Rowland: Plaintiff has filed a motion for default. 62. Any objections or responses were due on 10/29/24. Two defendants filed responses on 10/30/24. Defendant classikhouse's Response 69 was filed pro se by "Alan Wong d.b.a. "Classikhouse". 69. Defendant larryandmackshop's Response 70 was filed pro se by "Larry Lau d.b.a. LarryandMack." 70. The problem is that businesses and corporate entities must be represented in court by an attorney who is a counsel of record for the party. Therefore, Plaintiff's motion to strike the responses 71 is granted. Defendant classikhouse's Response 69 and Defendant larryandmackshop's Response 70 are stricken from the record. The Court sets a deadline of 11/15/24 for properly filed objections or responses to the motion for default. Status report due 11/25/24. Mailed notice.

ATTORNEY Appearance for Plaintiff classikhouse, Defendant larryandmackshop by John M. O'Halloran (O'Halloran, John)

MINUTE entry before the Honorable Mary M. Rowland: The court has received correspondence from an attorney, Natalie Sulimani of Sulimani Law Firm, representing herself to be independent counsel for LarryandMack and Classikhouse. Ms. Sulimani has not filed an appearance in the case. Currently all responses to the motion for default are due on 11/15/24. The correspondence requests a "stay of proceedings" for two weeks. The Court extends the date to respond to the motion for default to 12/2/24. Status report currently due 11/25/24 is stricken. Status report due 12/6/24. Plaintiff is encouraged the resolve the matter with for LarryandMack and Classikhouse. Counsel is not permitted to send correspondence to the court again without filing an appearance. Mailed notice.

LETTER from Natalie Sulimani dated 11/13/24.

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22750086.

MINUTE entry before the Honorable Mary M. Rowland: Motion to appear pro hac vice by Natalie Sulimani 77 is granted. Counsel is reminded to become familiar with this court's local rules. Mailed notice.

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0032: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable April M. Perry; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable April M. Perry; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable April M. Perry's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's criminal case assignment system ninety (90) days so that Judge Perry shall thereafter receive a full share of such cases. Case reassigned to the Honorable April M. Perry for all further proceedings. Honorable Mary M. Rowland no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 11/26/2024.

STATUS Report Pursuant to 75 by Crye Precision LLC

(Exhibit A)

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

MINUTE entry before the Honorable April M. Perry: The Court orders that the parties appear for a hearing on January 23, 2025 to address plaintiff's motion for default judgement 62. Based on its review of plaintiff's motion for default judgement, the Court has determined that it requires supplemental briefing and materials from plaintiff prior to the hearing supporting its request for $50,000 in statutory damages per defaulting defendant. This Court must make a reasoned, evidence-based, and individualized assessment of statutory damages for each defaulting defendant based on their particular conduct. See, e.g., Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) ("[A]n online store that shows thousands of reviews for a counterfeit product probably sold much more of that product than an online store with zero reviews for it, and the more prolific seller should be tagged with a larger damages award."). Based on the Court's review of the record, the remaining defendants sell different types of products at different price points and at varying volumes (insofar as volume of sales can be inferred from evidence such as store reviews or number of products offered). Based on this record, an across-the board award of $50,000 per defaulting defendant is excessive and not particularized to any individual defendant's conduct. Therefore, by January 16, 2025, plaintiff shall file a supplemental memorandum in support of its motion for default judgment that includes an individualized damages assessment on a defendant-by-defendant basis. Specifically, plaintiff should provide a chart that lists all of the remaining defendants and the amount of statutory damages sought against each individual defendant, and which provides a summary for each defendant of the information supporting their particular statutory damages amount, including the size and scope of the defendant's operations, the price range of the counterfeited products sold, and any other information that supports the sought statutory damages award. The information in the summary should be supported by citations to exhibits submitted with the brief. At the hearing on January 23, 2025, plaintiff's counsel should be prepared to address the statutory damages amount sought and the evidence showing that the award sought is reasonable for each defendant. Mailed notice. (jcc,)

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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

MOTION by Plaintiff Crye Precision LLC to Stay and Compel

(Exhibit A)

DECLARATION of Andrew D. Burnham regarding motion for miscellaneous relief 84

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Andrew Daniel Burnham for presentment of motion for miscellaneous relief 84 before Honorable April M. Perry on 1/14/2025 at 10:00 AM.

(Exhibit A)

MINUTE entry before the Honorable April M. Perry: Hearing held 1/14/2025 on Plaintiff's motion to stay and compel. Plaintiff's motion [84] is granted, for the reasons stated in court. Plaintiff may file its brief in support of default judgment amounts specific to each defendant when it has enough evidentiary support to do so. Defendants are ordered to respond to plaintiff's discovery requests. Order to follow. Mailed notice. (jcc,)

ORDER. Signed by the Honorable April M. Perry on 1/15/2025. Mailed notice. (jcc,)

MINUTE entry before the Honorable April M. Perry: The court strikes the 1/23/2025 motion hearing and resets it to 2/18/2025 at 10 a.m. in courtroom 1725. Mailed notice. (jcc,)

ATTORNEY Appearance for Plaintiff Crye Precision LLC by Madeline Halgren

SUPPLEMENT to motion for entry of default, motion for default judgment 62 per 82

(Exhibit A)

DECLARATION of Justin R. Gaudio regarding supplement 91

Exhibit 1

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

(Exhibit 2-4)

ATTORNEY Appearance for Plaintiff Crye Precision LLC by Berel Yonathan Lakovitsky

MINUTE entry before the Honorable April M. Perry: Motion hearing held 2/18/2025. No Defendants appear. Plaintiff's motion for default judgment [62] is granted for all defendants, for the reasons stated in Court and consistent with the attached order. Enter order. Mailed notice. (jcc,)

DEFAULT Judgment Order. Signed by the Honorable April M. Perry on 2/18/2025. Civil case terminated. Mailed notice. (jcc,)

ENTERED JUDGMENT on 2/18/2025. Mailed notice. (jcc,)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

TRANSCRIPT OF PROCEEDINGS held on 02/18/2025 before the Honorable April M. Perry. Order Number: 51110. Court Reporter Contact Information: Noreen Resendez, noreen_resendez@ilnd.uscourts.gov,312.582.5267. 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 3/17/2025. Redacted Transcript Deadline set for 3/27/2025. Release of Transcript Restriction set for 5/26/2025.

NOTICE of appeal by Crye Precision LLC regarding orders [95] Filing fee $ 605, receipt number AILNDC-23208549. Receipt number: n

EXHIBIT by Plaintiff Crye Precision LLC Exhibit A regarding notice of appeal[99]

DOCKETING Statement by Crye Precision LLC regarding notice of appeal[99]

MINUTE entry before the Honorable April M. Perry: The Court recognizes that it made an error of law in calculating the amount of statutory damages awarded in this case, which Plaintiff could have requested correction of via a motion under Federal Rule of Civil Procedure 60(b)(1). The Court therefore invites Plaintiff to file a 60(b)(1) motion to vacate the judgment and the Court would issue an indicative ruling under Federal Rule of Civil Procedure 62.1 to relieve the Court of Appeals and Plaintiff the burden of the appeal. Mailed notice. (jcc,)

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal [99].

TRANSMITTED to the 7th Circuit the short record on notice of appeal [99]. Notified counsel.

MOTION by Plaintiff Crye Precision LLC to Correct the Default Judgment Order [95] or in the Alternative for Reconsideration

Exhibit A

DECLARATION of Berel Y. Lakovitsky regarding motion for miscellaneous relief[105]

Exhibit 1

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[105] before Honorable April M. Perry on 3/20/2025 at 10:00 AM.

Exhibit A

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal [99]; USCA Case No. 25-1437.

MINUTE entry before the Honorable April M. Perry: Motion hearing held on 3/20/2025 regarding Plaintiff's motion to correct the default judgment order or in the alternative for reconsideration [105]. The Court noted that it does not have jurisdiction over the motion because of the pending appeal. Plaintiff indicated that it intends to withdraw the notice of appeal, such that jurisdiction will be returned to this Court. Further orders will follow if Plaintiff does withdraw the appeal, once jurisdiction is returned. Mailed notice. (jcc,)

AMENDED DEFAULT JUDGMENT ORDER: The appeal in this case being dismissed and jurisdiction now returned to this Court, the Court enters the attached Amended Default Judgment Order, consistent with the reasoning explained in Court on 3/20/2025. Signed by the Honorable April M. Perry on 3/27/2025. Mailed notice. (jcc,)

MANDATE of USCA dated 03/26/2025 regarding notice of appeal 99 ; USCA No.25-1437; No record to be returned.

CERTIFIED copy of order dated 03/26/2025 from the 7th Circuit regarding notice of appeal 99 ; Appellate case no. : 25-1437; IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b).

NOTICE of withdrawal of bond 24 by John Summerfield