2025-cv-02589

COMPLAINT filed by Orly Fidelman; Jury Demand. Filing fee $ 405, receipt number AILNDC-23197522.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Orly Fidelman by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Orly Fidelman by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Orly Fidelman by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Orly Fidelman by John Wilson

MOTION by Plaintiff Orly Fidelman to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Orly Fidelman Sealed Schedule A

Notice of Claims Involving Trademarks by Orly Fidelman

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

NEW PARTIES: Richgv added to case caption.

MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 7 is granted. Mailed notice.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 4/30/2025. Mailed notice.

STATUS Report by Orly Fidelman

AMENDED complaint by Orly Fidelman against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Orly Fidelman Amended Schedule A

MOTION by Plaintiff Orly Fidelman for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Orly Fidelman for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Orly Fidelman in support of motion for temporary restraining order, 18

Declaration Fedelman Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Orly Fidelman Exhibit 2 to Fidelman Declaration

DECLARATION of John Wilson

SEALED DOCUMENT by Plaintiff Orly Fidelman Wilson Exhibit 1

NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 17, motion for temporary restraining order, 18 before Honorable Thomas M. Durkin on 5/13/2025 at 09:00 AM.

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 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: Motion to exceed page limitation 17 is granted. Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 18 is granted. Mailed notice.

SEALED Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 5/8/2025. Mailed notice.

SURETY BOND in the amount of $ 1,000.00 posted by Orly Fidelman

MOTION by Plaintiff Orly Fidelman for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the temporary restraining order 28 is granted. The TRO is extended for a period of fourteen (14) days to and including 6/5/2025. Mailed notice.

MOTION by Plaintiff Orly Fidelman for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction

MEMORANDUM by Orly Fidelman in support of motion for preliminary injunction 31

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 31

MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for preliminary injunction 31 is set for 6/5/2025 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.

SUMMONS Issued (Court Participant) as to Defendants Richgv

SUMMONS Returned Executed by Orly Fidelman as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 6/2/2025, answer due 6/23/2025.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/5/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 31 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Plaintiff's Amended Complaint [Dkt. No. 15], Amended Schedule A to the Amended Complaint [Dkt. No. 16], Exhibit 2 to the Declaration of Orly Fidelman [Dkt. Nos. 20], and the TRO [Dkt. No. 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 7/8/2025 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.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 6/5/2025. Mailed notice.

CERTIFICATE of Service by John Wilson on behalf of Orly Fidelman

MOTION by Plaintiff Orly Fidelman for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against the Defendant Identified in Amended Schedule A

(Exhibit A)

MEMORANDUM by Orly Fidelman in support of motion for default judgment 40

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment 40

(Exhibit Hierl Exhibit 1)

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/8/2025 is vacated. A telephone hearing as to the motion for default judgment 40 is set for 7/16/2025 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 7/16/2025. Plaintiff's counsel reported that they have settled with the last remaining defendant. The motion for default judgment 40 is withdrawn. Civil case terminated. Mailed notice.

MAILED trademark report with certified minute entry dated 7/16/25 to Patent Trademark Office, Alexandria VA.