2024-cv-08362

COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number AILNDC-22469887.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Nike, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc.

Notice of Claims Involving Trademarks by Nike, Inc.

ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky

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.)

CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

MOTION by Plaintiff Nike, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Nike, 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 Joe Pallett regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 3 - Parts 1-2 regarding declaration[14]

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

MEMORANDUM by Nike, 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 miscellaneous relief[16], motion for leave to file[3], motion for temporary restraining order[11] before Honorable Sara L. Ellis on 9/18/2024 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal 3, for entry of a temporary restraining order 11, and for electronic service of process 16. The Court sets a telephonic status date for 10/2/2024 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Sara L. Ellis on 9/17/2024

Registry Deposit Information Form by Nike, Inc.

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 $10,000 posted by Nike, Inc. (Document not scanned)

ATTORNEY Appearance for Defendant Convallaria by Steven G Kalberg

MOTION by Plaintiff Nike, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Nike, Inc. in support of extension of time[25]

DECLARATION of Marcella D. Slay regarding memorandum in support of motion[26]

NOTICE of Motion by Marcella Deshonda Slay for presentment of extension of time[25] before Honorable Sara L. Ellis on 10/2/2024 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order [25]. The Court extends the TRO through 10/15/2024. The Court strikes the telephonic status date set for 10/2/2024 and resets it to 10/15/2024 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Mailed notice

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Nike, Inc. as to a Certain Defendant

MOTION by Plaintiff Nike, Inc. for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction[32]

DECLARATION of Marcella D. Slay regarding memorandum in support of motion[33]

Exhibit 1

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction[32] before Honorable Sara L. Ellis on 10/15/2024 at 09:45 AM.

Exhibit A

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/10/2024, answer due 10/31/2024.

Declaration of Berel Y. Lakovitsky

Exhibit A

RESPONSE by Convallariain Opposition to MOTION by Plaintiff Nike, Inc. for preliminary injunction as to Certain Defendants [32]

Exhibit A Convallaria's Amazon Product Pages

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs motion for preliminary injunction [32]. The Court strikes the telephonic status date set for 10/15/2024 and resets it to 11/13/2024 at 9:45 AM. Plaintiff should file any motion for default and default judgment and notice the motion for presentment at the next status date. Law Firm Greer, Burns & Crain Ltd. 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. https://www.ilnd.uscourts.gov/Videos.aspx?folder=_cmecf&play=Add_Terminate.mp4. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sara L. Ellis on 10/14/2024:Mailed notice

NEW PARTIES: bukeyi, changxingxingheyuanlinluhuagongchengyouxiangongsi, Convallaria, DMVOD, Fulomo Sports, fumingdexiaona, gansujinshilunzhinengkejiyouxiangongsi, hot shorts, IN Inc., Joylark Home, konglingjieguangzhou, liutaodedianpu, Lnsave Sports, OAPRIRE, ONEONE US, shiom, UCCM, Wankang home appliance big new store, WintoVatti, Wizard Who, xianchaojiawenhuachuanboyouxiangongsi, xiangyangshiyouweishenshangmao, xianqihuihuanbaokejiyouxiangongsi, XIEyanping6120, YiChangShiHuXiuTiJin, zhaopengzidexiaodian, zhengzhoushihandingwangluokejiyouxiangongsi, zh-zh, viphxs999, A Fashion Store, Fashion Shoes Store, fenggo_85, grain_harvest, jiazh5852, Natural_cave, nglu18, vcxtmx2023, xiasixi87, yinhaihang, zhangyan265, zkjtmx202309, asen_bao, cnddkicks, fff_sneakers, gwzxtc4, jtmakerlin, kat.barber, kazumitsumorimoto, luxurylady168, onelshop3.plug, pashasha15, tbkicksru, xiaowen_factory, zhouqiusuo5, jordansneakersupply, Baosd222, chinasneakers0594, wa8615557175557, atyunb, bingyoushangmaoyouxiangongsi, Coalada, Easy buying happy shop, guangzhoukeluoyichuanmei, Guldnds Clothing, hchao Store, Hot sale Inc., lianyungangpangqundianzi, LRJTENG, miegds, PY Sports Shop, shijiuyilingkeji, Shikongkuajing, shuangminmaoyi, SuZeedon Women's clothing, xuexuan, xuzaili81817404, Zhongqi, annareps.com, gokusneakers.com, hypeunique.is, ogkick.net, Biyigaoer, FloodcollapseaJ, GuoYuZhuan, hslhappyshop, hujingxiang, Impodernt, songmingxia9076, wangshuoshuo8714, WoliannadunnUx, World Fashion Super Market and zhangyongqi163 added to case caption. (Text entry; no document attached.)

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

MOTION by Defendant Convallaria for extension of time to file answer regarding complaint 1 or otherwise respond (unopposed)

NOTICE of Motion by Steven G Kalberg for presentment of motion for extension of time to file answer 42 before Honorable Sara L. Ellis on 11/6/2024 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendant's motion for extension of time to answer or otherwise plead [42]. Defendant's responsive pleading is due by 12/2/2024. Emailed notice

NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants

MOTION by Plaintiff Nike, Inc. for entry of default as to Certain Defendants, MOTION by Plaintiff Nike, Inc. for default judgment as to Certain Defendants

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[46]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[47]

Exhibit 1

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment[46] before Honorable Sara L. Ellis on 11/13/2024 at 09:45 AM.

Exhibit A

MINUTE entry before the Honorable Sara L. Ellis: : The Court grants Plaintiff's motion for entry of default and default judgment [46]. The Court sets a status date for 12/11/2024 at 9:30 AM. Plaintiff should file a status report as to the status of Defendant Convallaria by 12/4/2024. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 11/13/2024:Emailed notice

FULL SATISFACTION of Judgment regarding Default Judgment 51 in the amount of $100,000 as to certain defendant

SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/18/2024, answer due 12/9/2024.

Declaration of Berel Y. Lakovitsky

(Exhibit A)

ANSWER to Complaint by Convallaria

ATTORNEY Appearance for Defendant Convallaria by David Randolph Bennett

STATUS Report per 50 by Nike, Inc.

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 12/11/2024 and resets it to 1/7/2025 at 9:30 AM. Plaintiff should file a status report as to the status of the remaining Defendants (4, 58-60) by 1/3/2025. If the parties file stipulations of dismissal prior to the next status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

MOTION by Plaintiff Nike, Inc. for entry of default, MOTION by Plaintiff Nike, Inc. for default judgment as to certain Defendants

Exhibit A

MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[58]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[59]

Exhibit 1

NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment[58] before Honorable Sara L. Ellis on 12/19/2024 at 01:45 PM.

Exhibit A

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for default and default judgment 58. The Court enters default and default judgment in favor of Plaintiff and against Defendants identified on Amended Schedule A. Plaintiff should file a status report as to the remaining Defendant (4) by 1/3/2025. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Mailed notice.

STATUS Report per 62 by Nike, Inc.

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 1/7/2025 and resets it to 7/2/2025 at 9:30 AM for ruling on summary judgment motions. The Court sets the following summary judgment briefing schedule: motions for summary judgment are due by 1/31/2025; responses are due by 2/28/2025; and replies are due by 3/14/2025. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (650) 479-3207, Access Code: 2314 361 1508. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice

MOTION by Plaintiff Nike, Inc. for Entry of an Asset Restraint Order as to Defendant Convallaria (Joint)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 65 before Honorable Sara L. Ellis on 1/14/2025 at 09:45 AM.

ATTORNEY Appearance for Plaintiff Nike, Inc. by Lucas Allen Peterson

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for entry of an agreed asset restraint order [65]. Emailed notice

AGREED ASSET RESTRAINT ORDER AS TO CONVALLARIA. Signed by the Honorable Sara L. Ellis on 1/14/2025:Emailed notice

STIPULATION of Dismissal as to Defendant Convallaria (Joint)

FULL SATISFACTION of Judgment regarding Default Judgment 51 in the amount of $100,000 as to certain defendants

DEFAULT JUDGMENT ORDER. Civil case terminated. Signed by the Honorable Sara L. Ellis on 3/28/2025:Emailed notice

FULL SATISFACTION of Judgment regarding Default Judgment 51 in the amount of $100,000 as to certain defendant

MOTION by Guangzhou Xinchu Trading Co., Ltd to dissolve Temporary Restraining Order. (Received by Box.COm on 5/8/25).

MOTION by Guangzhou Xinchuchangmao Co., Ltd to dissolve Temporary Restraining Order (TRO). (Received by Box.Com on 5/8/25). Modified on 5/9/2025.

MOTION by Guangzhou Xinchuchangmao Co., Ltd to Dissolve Temporary Restraing Order. (Received by Box.Com on 5/8/25).

MINUTE entry before the Honorable Sara L. Ellis: The Court denies Defendants' motions to dissolve the temporary restraining order 74, 75, 76. Defendants failed to file an appearance through legal counsel in this case prior to the entry of default judgment. Thus, there is no temporary restraining order to dissolve. Rather, the Court entered final judgment against Defendants because they failed to appear in this case through legal counsel and object to the temporary restraining order or preliminary injunction order. This case remains closed. Emailed notice