2024-cv-11913

COMPLAINT filed by GS Holistic, LLC; Filing fee $ 405, receipt number AILNDC-22748253.

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff GS Holistic, LLC Schedule A regarding complaint[1]

SEALED EXHIBIT by Plaintiff GS Holistic, LLC Exhibit 1 regarding complaint[1]

MOTION by Plaintiff GS Holistic, LLC for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by GS Holistic, LLC

Notice of Claims Involving Patents by GS Holistic, LLC

ATTORNEY Appearance for Plaintiff GS Holistic, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff GS Holistic, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff GS Holistic, LLC by Andrew Daniel Burnham

CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1).

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.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

NEW PARTIES: Affordable Also Superior Store, China Wanli Department Store, Dago Super Store, Dakuaitou Versatile Tool Factory Store, EVER BEST Mchine Store, GT Selection Store, Lili's Small Shop Store, PoliPoki Store, Shop1102996903-1225 Store, Shop1103330345 Store, Shop1103575520 Store, Shop1103665175 Store, Shop1103856340 Store, Shop1104038875-0542 Store, Shop1104066616 Store, Shop1104081059 Store, Sicily Store, Superior Quality Bazaar Store, TopFlames Flagship Store, Yunou15 Store, a240627216, b240627216, changff1142, changj0834, daifff7110, dhkl006, haofbd2112, huk15615, jidang2585, jie44216, kw223545, mo60, qingsd7077, refrigeration410 Store, shoreweshop, yuankebl and zlfhome added to case caption.

ATTORNEY Appearance for Plaintiff GS Holistic, LLC by Thomas Joseph Juettner

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff should review the Court's standing order on "Schedule A" Cases, available at https://www.ilnd.uscourts.gov/judge-info.aspx?IuUaWzNcEoPr4PHl9tvcGaMUezk8AnJ1 under the "Case Procedures" tab. Please note that the table's requirements were revised on October 10, 2024. As explained there, Plaintiff must complete and file the template linked on that page before the Court will consider granting any motion for preliminary injunctive relief. The submission must also provide a listing of all prior Schedule A cases filed in any court in the United States in which Plaintiff was a plaintiff, and a listing of any of the defendants included in the Schedule A in this case that Plaintiff has previously named as a defendant in any prior complaint or Schedule A case. Finally, by filing the template, Plaintiff certifies that Plaintiff has not used any of the screenshot evidence supplied in support of a motion for a TRO in this case in any prior proceeding. If the template is not completed by December 4, 2024, the Court may dismiss this matter for failure to prosecute. Mailed notice.

MOTION by Plaintiff GS Holistic, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by GS Holistic, 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)

DECLARATION of Christopher Folkerts regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff GS Holistic, LLC Exhibit 2 regarding declaration 16

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

MEMORANDUM by GS Holistic, 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)

SEALED DOCUMENT by Plaintiff GS Holistic, LLC Schedule A Template per 12

Registry Deposit Information Form by GS Holistic, LLC

SURETY BOND in the amount of $ 10,000.00 posted by GS Holistic, LLC

MOTION by Plaintiff GS Holistic, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by GS Holistic, LLC in support of extension of time[26]

DECLARATION of Andrew D. Burnham regarding memorandum in support of motion[27]

MINUTE entry before the Honorable Lindsay C. Jenkins: The motion to extend the TRO 26 is granted. The TRO is extended to December 31, 2024. Mailed notice.

MAILED patent report to Patent Trademark Office, Alexandria VA

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 12/20/2024: Mailed notice.

MOTION by Plaintiff GS Holistic, LLC for preliminary injunction

Exhibit A

MEMORANDUM by GS Holistic, LLC in support of motion for preliminary injunction[31]

Declaration of Andrew D. Burnham

Exhibit 1

SUMMONS Returned Executed by GS Holistic, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/26/2024, answer due 1/16/2025.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [31] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by January 2, 2025." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. For the reasons stated in the Court's orders entering the TRO, the TRO is extended until 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. Mailed notice.

CERTIFICATE of Service by Plaintiff GS Holistic, LLC regarding text entry, [34]

Exhibit A

MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion for a preliminary injunction 31 is granted. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court in connection with entry of the TRO, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 35 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter preliminary injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A are added to the court's docket within five business days. The Clerk is requested to unseal any previously-sealed documents. Mailed notice.

PRELIMINARY INJUNCTION Order. Signed by the Honorable Lindsay C. Jenkins on 1/6/2025. Mailed notice.

MINUTE entry before the Honorable Lindsay C. Jenkins: By January 23, 2025, Plaintiff shall file a status report regarding next steps in this case. If Plaintiff intends to file a motion for default judgment, it should be filed by that date, and if Plaintiff moves for default judgment as to all Defendants, no status report need be filed. Mailed notice.

NOTICE of Voluntary Dismissal by GS Holistic, LLC as to Certain Defendants

MOTION by Plaintiff GS Holistic, LLC for entry of default, MOTION by Plaintiff GS Holistic, LLC for default judgment as to all Defendants

Exhibit A

MEMORANDUM by GS Holistic, LLC in support of motion for entry of default, motion for default judgment[41]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[42]

Exhibit 1

MINUTE entry before the Honorable Lindsay C. Jenkins: Before the Court is Plaintiff's motion [41] for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before January 30, 2025. If no objections are filed by that date, the court will consider the motion unopposed. The Court will also rule on the papers unless a hearing is requested by January 27, 2025. A hearing may be requested by filing a Request for Hearing as a separate entry on the docket. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice.

CERTIFICATE of Service by Plaintiff GS Holistic, LLC regarding order on motion for entry of default, order on motion for default judgment, text entry, [44]

Exhibit A

MINUTE entry before the Honorable Lindsay C. Jenkins: No remaining Defendant has responded to Plaintiff's motion for entry of default judgment. Accordingly, the motion [41] is granted. Based on the evidence previously submitted by Plaintiff and the admission of liability by virtue of the default, Plaintiff has established that a permanent injunction should be entered. The Clerk is directed to return the surety bond posted. Enter Final Judgment Order. Civil case terminated. Mailed notice.

ENTERED JUDGMENT Signed by the Honorable Lindsay C. Jenkins on 1/31/2025. Mailed notice.

MAILED patent report to Patent Trademark Office, Alexandria VA