2025-cv-05466

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-23495958.

Exhibit 1

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.

Notice of Claims Involving Trademarks by Harley-Davidson Motor Company, Inc.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Rachel Meira Ackerman

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Young B. Kim. 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 Georgia N Alexakis: The Court grants plaintiff's motion for leave to file certain documents under seal [3]. Upon review of the complaint, the Court sua sponte raises the propriety of joining 88 defendants in a single action. By 5/30/25, plaintiff must file a supplemental memorandum addressing the propriety of joinder in light of this Court's orders in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28 (N.D. Ill. Oct. 28, 2024), and Anagram International v. The Partnerships, 24 CV 12194, Dkt. 87 (N.D. Ill. Feb. 21, 2025). In the alternative, plaintiff has leave to file an amended complaint by 5/30/25 with a smaller subset of defendants along with a memorandum explaining why that smaller subset of defendants is properly joined. No motion for an ex parte temporary restraining order should be filed in this matter without counsel first consulting this Court's order in Wham-O Holding v. The Partnerships, 24 CV 12523, Dkt. 39 (N.D. Ill. Feb. 20, 2025).

MAILED trademark report to Patent Trademark Office, Alexandria VA.

Trademarks

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

AMENDED complaint by Harley-Davidson Motor Company, Inc. against Tadej Tom, the Individuals and Entities Operating Tadej Tom and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Amended Schedule A regarding amended complaint, [14]

MINUTE entry before the Honorable Georgia N Alexakis: Initial status hearing is set for 7/22/25 at 9:30 a.m. in person in Courtroom 1719. By 7/15/25, the parties shall file a Joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. If the defendant(s) have not been served by the initial status hearing date, counsel for Plaintiff must contact the Courtroom Deputy to reschedule the status hearing and the date for filing the Joint Initial Status Report.

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for discovery (Expedited)

Exhibit 1

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief[18]

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

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[18], motion for discovery[17] before Honorable Georgia N Alexakis on 7/15/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motions for expedited discovery [17] and electronic service of process [18] are granted. No appearance is required on 7/15/25. The Court finds that expedited discovery is warranted to identify defendants. The Court also finds that electronic service does not violate any treaty and is consistent with due process because it is an effective way to communicate with the online marketplace defendants. The Court decides these issues, however, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court will take a fresh look at the issues of electronic service and expedited discovery as well as any issues related to personal jurisdiction. Enter Order, as modified by the Court.

ORDER Signed by the Honorable Georgia N Alexakis on 7/14/25.

SUMMONS Submitted (Court Participant) for defendant(s) Tadej Tom and the Individuals and Entities Operating Tadej Tom by Plaintiff Harley-Davidson Motor Company, Inc.

MINUTE entry before the Honorable Georgia N Alexakis: By email to the Courtroom Deputy on 7/15/25, plaintiff requested that the Court reschedule the status hearing. The status is reset from 7/22/25 to 8/21/25 at 9:30 a.m. to allow time for service to be effectuated. The joint initial status report is now due by 8/14/25.

SUMMONS Issued (Court Participant) as to Defendant the Individuals and Entities Operating Tadej Tom

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to Tadej Tom on 7/21/2025, answer due 8/11/2025; the Individuals and Entities Operating Tadej Tom on 7/21/2025, answer due 8/11/2025.

Declaration of Rachel Ackerman

Exhibit A

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to Tadej Tom and the Individuals and Entities Operating Tadej Tom

MINUTE entry before the Honorable Georgia N. Alexakis:Per plaintiff's notice of voluntary dismissal [28], pursuant to Federal Rule of Civil Procedure 41(a)(1), this case is dismissed without prejudice. Civil case terminated.