2025-cv-01544

COMPLAINT filed by Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-23082348.

Exhibit 2

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1]

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

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

CIVIL Cover Sheet

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

Notice of Claims Involving Patents by Oakley, Inc.

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

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

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

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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.

NEW PARTIES: Jiangxi Changxi Industry Co., Ltd., Linhai Tianya Glasses Co., Ltd., Shanghai Thornton Safety Solutions Corporation, Shenzhen Strongd Model Technology Co., Ltd., Taizhou Jiaojiang Junyi E-Commerce Co., Ltd., Taizhou Lieyang Glasses Co., Ltd., Taizhou Startorch Optics Glasses Co., Ltd., Topko Product Group Ltd., Wenzhou Fashion Eyewear Co., Ltd., Wenzhou Orange Glasses Co., Ltd., Yiwu Dianzhu Import And Export Co., Ltd., zhuchengjingchangshangmaoyouxiangongsi, dkjafk, Hei hei shopping and Puniama added to case caption.

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal [4] is granted. Mailed notice.

EMAILED Patent report to Patent Trademark Office, Alexandria VA

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

MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order 14

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

DECLARATION of Jason Groppe regarding memorandum in support of motion 15

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration 17

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

MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief 19

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 20

MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold and shipped at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice.

DECLARATION of Justin R. Gaudio regarding text entry, 22

MINUTE entry before the Honorable Thomas M. Durkin: Minute entry 22 is amended as follows. The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [14] is granted. Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [19] is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 3/10/2025. Mailed notice.

Registry Deposit Information Form by Oakley, Inc.

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Oakley, Inc.

SUMMONS Issued (Court Participant) as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $ 3,000 posted by Oakley, Inc.(Document not imaged, Received via Mailroom 3/17/25)

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

MEMORANDUM by Oakley, Inc. in support of extension of time[31]

DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion[32]

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order [31] is granted. The Temporary Restraining Order entered on 3/10/2025 [26] is extended by a period of fourteen (14) days until 4/7/2025. Mailed notice.

MOTION by Plaintiff Oakley, Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 35

DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion 36

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/28/2025, answer due 4/18/2025.

Declaration of Thomas J. Juettner

(Exhibit A)

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 35 is set for 4/7/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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 of 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. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/7/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [35] is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Exhibit 1 to the Complaint [2], Schedule A to the Complaint [3], Seller Aliases screenshots attached to the Declaration of Jason Groppe [18], and the TRO [26]. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 5/27/2025 at 9:30 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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 of 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. Mailed notice.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 4/7/2025. Mailed notice.

MOTION by Plaintiff Oakley, Inc. for entry of default, MOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[42]

Exhibit 1

Exhibit 2

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[43]

Exhibit 1

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 5/27/2025 is vacated. A telephone hearing as to the motion for entry of default and for default judgment [42] is set for 4/28/2025 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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 of 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. Mailed notice.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 4/28/2025. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for entry of default and for default judgment 42 is granted. Enter order. Civil case terminated. Mailed notice.

DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 4/28/2025. Mailed notice.