2024-cv-12165

COMPLAINT filed by Birkenstock US BidCo, Inc. ; Filing fee $ 405, receipt number AILNDC-22771687.

Exhibit 1

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 Jennifer Van Nacht

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

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2).

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.

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by February 9, 2025. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by Birkenstock US BidCo, Inc. against PAYDVOIER and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. 3) is hereby denied for the reasons stated by the Court in Zorro Productions, Inc. v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A (23-cv-5761). Mailed notice

MOTION by Plaintiff Birkenstock US BidCo, Inc. for discovery Expedited

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 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

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.

ATTORNEY Appearance for Plaintiff Birkenstock US BidCo, Inc. by Madeline Halgren

MINUTE entry before the Honorable Steven C. Seeger: The an initial status report deadline is extended to April 11, 2025. Mailed notice. Modified on 2/24/2025.

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for expedited discovery (Dckt. No. 16) is hereby granted. Plaintiff's motion for electronic service of process under Rule 4(f)(3) (Dckt. No. 17) is hereby granted. Plaintiff must file a status report or a motion for default by April 25, 2025. Mailed notice

SUMMONS Submitted (Court Participant) for defendant(s) PAYDVOIER by Plaintiff Birkenstock US BidCo, Inc.

SUMMONS Issued (Court Participant) as to Defendant PAYDVOIER

MINUTE entry before the Honorable Steven C. Seeger: The deadline to file a joint initial status report is extended to May 23, 2025. Mailed notice.

SUMMONS Returned Executed by Birkenstock US BidCo, Inc. as to PAYDVOIER on 4/11/2025, answer due 5/2/2025.

Declaration of Madeline B. Halgren

(Exhibit A)

STATUS Report Pursuant to 23 by Birkenstock US BidCo, Inc.

(Exhibit A)

MINUTE entry before the Honorable Steven C. Seeger: This Court reviewed the status report. (Dckt. 28) The answer is due by May 2, 2025. (Dckt. No. 27) If Defendant does not meet that deadline, then Plaintiff must file a motion for the entry of default and default judgment by May 9, 2025. A response is due by May 21, 2025. A failure to comply will lead to appropriate relief, including the possible granting of the motion and entry of final judgment. The Court reminds Plaintiff of the need to submit a Word version of a proposed judgment to the proposed order inbox, proposed_order_seeger@ilnd.uscourts.gov. Plaintiff must serve a copy of this order on Defendants and file a certificate of service. Mailed notice

CERTIFICATE of Service by Plaintiff Birkenstock US BidCo, Inc. regarding text entry, 29

(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 Defendant PAYDVOIER

(Exhibit A)

MEMORANDUM by Birkenstock US BidCo, Inc. in support of motion for entry of default, motion for default judgment 31

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 32

(Exhibit 1)

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the motion for entry of default and default judgment. (Dckt. No. 31) The response to the complaint is late. The Court hereby enters default under Rule 55(a) against Defendant PAYDVOIER. As previously ordered, a response to the motion is due by May 21, 2025. A failure to comply will lead to appropriate relief, including possible granting of the motion and the entry of judgment. Plaintiff must serve a copy of this order and file a certificate of service. Mailed notice

CERTIFICATE of Service by Plaintiff Birkenstock US BidCo, Inc. regarding text entry, 34

(Exhibit A)

STATUS Report Pursuant to 26 by Birkenstock US BidCo, Inc.

MINUTE entry before the Honorable Steven C. Seeger: On May 12, 2025, this Court issued an order setting a deadline of May 21, 2025 for Defendant to respond to the motion for default judgment. (Dckt. No. 34) Defendant filed nothing. The motion for default judgment is granted in large part. The complaint is dismissed with prejudice. Final Judgment Order to follow. Permanent Injunction Order to follow. The case is closed. Civil case terminated. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 5/30/2025. Mailed notice.

PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 5/30/2025. Mailed notice.

MAILED Trademark report with certified copy of minute order dated 5/30/2025 to Patent Trademark Office, Alexandria VA