2025-cv-00029

COMPLAINT filed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC; Filing fee $ 405, receipt number AILNDC-22904816.

Exhibit 1

SEALED EXHIBIT by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation Schedule A regarding complaint[1]

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

Notice of Claims Involving Trademarks by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation by Justin R. Gaudio

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation by Berel Yonathan Lakovitsky

ATTORNEY Appearance for Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Beth W. Jantz. 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.

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

NEW PARTIES: wuhanshimengqinzhishangmaoyouxiangongsi, XiangYangShiQingHaiJiangLuShangMaoYou, xiayaoli, yanban, ylq shop, YUYANAUTO, zhangzhaoer, ZhengyuClothing, annides, coisinistore, ddmylovely Store, jinstarr, mangchichi, rainbowny, sunwukongli, AAApexparts, allfortheparts, foshanshichanchengqufeici0, galadirect2018, ghjjdjf12, justforyourcar, racing_speed_autoparts, RRRacingparts, seeyoagain and top-porter-for-autoparts added to case caption.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation in support of motion for temporary restraining order, [13]

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

DECLARATION of Sven-Eric Widmayer regarding memorandum in support of motion[14]

Exhibit 1

SEALED EXHIBIT by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation Exhibit 2 regarding declaration[16]

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation in support of motion for miscellaneous relief[18]

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

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal [3] and motion for electronic service of process [18] are granted. Plaintiff's motion for entry of an ex parte temporary restraining order (etc.) [13] is also granted. Enter Sealed Ex Parte Temporary Restraining Order. Telephonic preliminary injunction hearing is set for 1/21/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Any motion for preliminary injunction or motion to extend the TRO must be filed by 1/16/2025. Any motion for preliminary injunction filed in this case must be accompanied by a certificate stating upon whom and how the motion has been served. In addition plaintiff must promptly serve defendants with process and should not wait until too close to the hearing to do so; if plaintiff delays too long the Court may deny entry of a preliminary injunction due to inadequate notice of the lawsuit. Mailed notice.

SEALED ORDER: Signed by the Honorable Matthew F. Kennelly on 1/7/2025.

Registry Deposit Information Form by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation

SUMMONS Returned Executed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/13/2025, answer due 2/3/2025.

Declaration of Trevor C. Talhami

Exhibit A

SURETY BOND in the amount of $10,000.00 posted by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation (Document not scanned).

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation for preliminary injunction

Exhibit A

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation in support of motion for preliminary injunction[26]

DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion[27]

SUMMONS Returned Executed by Detroit Diesel Corporation, Daimler Truck AG, Thomas Built Buses, Inc., Daimler Truck North America LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/16/2025, answer due 2/6/2025.

Declaration of Trevor C. Talhami

Exhibit A

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of a preliminary injunction is deferred, because as to some defendants summons was electronically served only yesterday, which is only two business days before the preliminary injunction hearing. The ex parte temporary restraining order entered by the Court on 1/7/2025 is extended through 1/30/2025 at the Court's instance. The telephonic preliminary injunction hearing set for 1/21/2025 is vacated and reset to 1/30/2025 at 8:55 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729

MINUTE entry before the Honorable Matthew F. Kennelly: No defendant has appeared or responded to the motion for preliminary injunction. The telephonic hearing set for 1/29/2025 is vacated. Plaintiff's motion for entry of a preliminary injunction [26] is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal all documents that were previously filed under seal. Law Firm Greer, Burns and 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. The case is set for a telephonic status hearing on 4/30/2025 at 8:50 AM. The following call-in number will be used for the hearing: 650-479-3207; access code 2305-915-8729. Plaintiff is directed to file a status report on 4/27/2025. Mailed notice.

PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Matthew F. Kennelly on 1/29/2025. Mailed notice.

NOTICE of Voluntary Dismissal by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation as to certain defendants

NOTICE of Voluntary Dismissal by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation as to Certain Defendants

MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation for entry of default, MOTION by Plaintiffs Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation for default judgment as to All Remaining Defendants

Exhibit A

MEMORANDUM by Daimler Truck AG, Daimler Truck North America LLC, Thomas Built Buses, Inc., Detroit Diesel Corporation in support of motion for entry of default, motion for default judgment, [35]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion, [36]

Exhibit 1

MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for entry of default 35 is granted. Final Default Judgment Order to follow. Any hearing dates set before this Court are stricken. Civil case terminated. Mailed notice.

FINAL DEFAULT JUDGMENT ORDER: Signed by the Honorable Matthew F. Kennelly on 2/12/2025. Mailed notice.

FULL SATISFACTION of Judgment regarding order 39 in the amount of $100,000 as to certain defendants

NOTICE of withdrawal of bond [25] by John Summerfield obo Greer Burns & Crain Ltd