2025-cv-09637

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 405, receipt number AILNDC-23878238.

(Exhibit 1)

(Exhibit 1)

Exhibit 2-1

(Request for Reassignment)

Exhibit 1

(Exhibit 1)

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

(Exhibit 2-2)

Exhibit 2

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

(Exhibit 3)

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 Charles P. Kocoras. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file under seal 3 is granted. Mailed notice.

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for temporary restraining order 14

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

DECLARATION of Adraea M. Brown regarding memorandum in support of motion 15

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 2 - Parts 1-2 regarding declaration 17

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 19

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

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 19, motion for temporary restraining order 14 before Honorable Charles P. Kocoras on 8/19/2025 at 09:50 AM.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for temporary restraining order 14 and motion for electronic service of process 19 are granted. Enter temporary restraining order. Presentment hearing scheduled on 8/19/2025 is stricken. Mailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Charles P. Kocoras on 8/15/2025. Mailed notice.

Registry Deposit Information Form by Harley-Davidson Motor Company, Inc.

SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Harley-Davidson Motor Company, Inc.

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

MINUTE entry before the Executive Committee: Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings pursuant to Local Rule IOP13(f)(1). Mailed notice

MINUTE entry before the Honorable LaShonda A. Hunt: This case has been reassigned to Judge LaShonda A. Hunt. On the court's own motion, the order entered on 8/14/25 granting leave to file under seal 13 and the sealed temporary restraining order entered on 8/15/25 24 are vacated. Summons shall not yet issue in this case. Upon review of the trademark infringement complaint and other filings, the Court questions whether Plaintiff has established sufficient grounds for joinder of all 71 defendants under Fed. R. Civ. P. 20. See Viking Arm AS v. Partnerships & Unincorporated Associations Identified on Schedule A,No. 24 C 1566, 2024 WL 2953105 (N.D. Ill. June 6, 2024). Indeed, Plaintiff filed a form complaint with generic allegations about coordinated counterfeiting activity between 71 defendants without any details whatsoever, which arguably violates the requirements of Federal Rules of Civil Procedure 8 and 10. Accordingly, by 8/26/25, Plaintiff must file either a memorandum explaining why joinder is proper or an amended complaint specifically naming and identifying each defendant being sued and setting forth with more than conclusory statements the alleged infringing activity. Failure to do so will result in the current complaint being dismissed without prejudice and this case being closed. Accordingly, Plaintiff's motion for temporary restraining order including a temporary injunction, temporary asset restraint, and expedited discovery 14 is denied without prejudice to renewal once joinder is resolved. Furthermore, Plaintiff has not established good cause under Local Rule 26.2 or Seventh Circuit precedent to justify sealing the names of defendant or documents pertaining to alleged infringing activity. "Secrecy makes little sense if the goal of the litigation is to protect rightholders' IP interests by obtaining an injunction against defendants' sales of infringing or counterfeit goods." See Eicher Motors Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, No. 25 C 2937, 2025 WL 2299593 at *7 (N.D. Ill. Aug. 8, 2025)(Kness, J.). More importantly, this presumption of sealing runs counter to the well-established authority of this Circuit holding that "[m]any a litigant would prefer that the subject matter of a case. be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing." See Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000). For those reasons, the motion for leave to file under seal 3 is denied. The Clerk of Court is directed to unseal the documents filed at 2 18 24. Mailed notice (gel,)

SURETY BOND in the amount of $10,000.00 posted by Harley-Davidson Motor Company, Inc. (Document not scanned). (bi,)

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

EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Amended Schedule A regarding amended complaint, 31

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

NOTICE of Motion by Justin R. Gaudio for presentment of motion for discovery 33 before Honorable LaShonda A. Hunt on 9/2/2025 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to conduct expedited discovery 33 is granted. The Court grants Plaintiff's request for expedited discovery as the Court finds that expedited discovery is warranted to obtain Defendants' contact information. Enter Order Authorizing Expedited Discovery. The motion hearing set for 9/2/25 34 is stricken. If no other relief has been sought, Plaintiff is ordered to file a status report by 9/19/25 updating the Court on the progress of expedited discovery and proposed next steps in the case. Finally, the Clerk of Court is directed, forthwith, to update the case caption to reflect that the Defendants are "KTHOFCY" and "the Individuals and Entities Operating KTHOFCY." Mailed notice (gel,)

ORDER AUTHORIZING EXPEDITED DISCOVERY Signed by the Honorable LaShonda A. Hunt on 8/29/2025. Mailed notice (gel,)

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Notice of Voluntary Dismissal [37], this action is being dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. Mailed notice (gel,)

MAILED Trademark report with certified copy of minute order dated 9/19/2025 to Patent Trademark Office, Alexandria VA