2025-cv-04278

COMPLAINT filed by Revelyst Operations LLC ; Filing fee $ 405, receipt number AILNDC-23371587.

Exhibit 1 - TM Registrations

Exhibit 2 - CBP

Exhibit 3 - IP Rights

(Exhibit 4 - DHS)

CIVIL Cover Sheet

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC - Schedule A to Complaint - regarding complaint, 1

MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit 3

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Revelyst Operations LLC

ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Matthew A. Werber

CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

ATTORNEY Appearance for Plaintiff Revelyst Operations LLC by Peter Krusiewicz

ORDER: For the reasons set forth in the accompanying Order, the Court dismisses Plaintiff's complaint without prejudice for misjoinder. Plaintiff has until 05/08/2025 to file an amended complaint naming one defendant or a group of properly joined defendants. If the latter, Plaintiff must also file a memorandum explaining why joinder of those defendants is proper. The Court denies Plaintiff's motion for leave to file certain documents under seal 4 as moot. Signed by the Honorable Franklin U. Valderrama on 4/25/2025. Mailed notice.

AMENDED complaint by Revelyst Operations LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto

Exhibit 1 - TM Registrations

Exhibit 2 - CBP

Exhibit 3 - IP Rights

(Exhibit 4 - DHS)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC - Amended Schedule A - regarding amended complaint, 11

MEMORANDUM order on motion to seal document, 10 by Revelyst Operations LLC PLAINTIFF'S MEMORANDUM REGARDING JOINDER OF DEFENDANTS SCHEDULE A

Declaration of Matthew Werber

(Unpublished)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC EXHIBITS 1 AND 2 TO THE DECLARATION OF MATTHEW A WERBER regarding memorandum, 13

Exhibit 1 to the Werber Declaration

(Exhibit 2 to the Werber Declaration)

MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit, 14, exhibit 12

MINUTE entry before the Honorable Franklin U. Valderrama: On 4/25/2025, the Court dismissed Plaintiff's complaint, which named 43 defendants, for misjoinder 10. Plaintiff then filed an amended complaint naming 7 defendants, along with a memorandum of law explaining why joinder is proper 11 13. In support of joinder, Plaintiff emphasizes that the defendants all offer "precisely the same infringing mount kit product using identical images, and effectively identical product descriptions." R. 13 at 2. However, this argument was considered and rejected in the Court's original Order dismissing Plaintiff's complaint. See R. 10 at 3 ("While Plaintiff points out that some Defendants' product descriptions use the same or similar wording and/or the same pictures, that does not establish that Defendants are the same or are working together.") (citing Bailie v. Partnerships and Unincorporated Associations, 2024 WL 2209698 at *5 (May 15, 2024) ("[E]ven if defendants' webpages were all identical, joinder is improper because use of identical web pages would not overcome the likelihood that Defendants are just copycats, both of the [plaintiff's] style and of each other.") (cleaned up)). And although Plaintiff argues that it will be more economical for the Court to allow joinder here, the Court cannot circumvent the requirements of Federal Rule of Civil Procedure 20 for its own convenience. Accordingly, the Court dismisses Plaintiff's amended complaint without prejudice for misjoinder. Plaintiff has fourteen days from the date of this Order to file a second amended complaint naming one defendant. If Plaintiff's second amended complaint names more than one defendant, Plaintiff must submit a memorandum along with sufficient documentary evidence in support of joinder under Rule 20. The Court denies Plaintiff's motion to seal 15 as moot. Mailed notice.

SECOND AMENDED complaint by Revelyst Operations LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto

Exhibit 1 - TM Registrations

Exhibit 2 - CBP

Exhibit 3 - IP Rights

(Exhibit 4 - DHS)

SEALED EXHIBIT by Plaintiff Revelyst Operations LLC -- SECOND AMENDED SCHEDULE A (sealed) -- regarding amended complaint, 17

MOTION by Plaintiff Revelyst Operations LLC to seal document exhibit 18

MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated therein, Plaintiff's motion to seal the second amended Schedule A to the Plaintiff's second amended complaint 19 is granted. Mailed notice.

MINUTE entry before the Honorable Franklin U. Valderrama: On or before 9/23/2025, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice.

MOTION by Plaintiff Revelyst Operations LLC -- Expedited Discovery and Electronic Service --

Declaration of Matthew A. Werber

Exhibit A - Amazon Registration

Exhibit B - Hague

(Unpublished Order)

ORDER GRANTING MOTION FOR EXPEDITED DISCOVERY AND ELECTRONIC SERVICE: Plaintiff's motion for expedited discovery and electronic service 22 is granted. Enter Order. Signed by the Honorable Franklin U. Valderrama on 7/30/2025. Mailed notice.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto

SUMMONS Returned Executed by Revelyst Operations LLC as to All Defendants.

(Declaration)

NOTICE of Voluntary Dismissal by Revelyst Operations LLC

MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to Plaintiff's notice of voluntary dismissal 27, this case is dismissed, with each party to bear their own attorney's fees, costs, and expenses. Civil case terminated. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA