2024-cv-05115

COMPLAINT filed by Dorna Sports, S.L.; Jury Demand. Filing fee $ 405, receipt number AILNDC-22160795.

(Exhibit 1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Dorna Sports, S.L. by John Wilson

MOTION by Plaintiff Dorna Sports, S.L. to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dorna Sports, S.L.

CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. 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.

AMENDED complaint by Dorna Sports, S.L. against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

(Exhibit 1)

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Amended Schedule A

MOTION by Plaintiff Dorna Sports, S.L. for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Dorna Sports, S.L. 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 Dorna Sports, S.L. in support of motion for temporary restraining order, 13

Declaration Orozco 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 Dorna Sports, S.L. Exhibit 2 Part 1 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 2 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 3 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 4 of Orozco Declaration

SEALED DOCUMENT by Plaintiff Dorna Sports, S.L. Exhibit 2 Part 5 of Orozco Declaration

Notice of Claims Involving Trademarks by Dorna Sports, S.L.

NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages 12, motion for temporary restraining order, 13, motion to seal document 7 before Honorable Manish S. Shah on 7/24/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Plaintiff's ex parte motions 7 12 14 are granted, and no appearance is necessary. The plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the harm to plaintiff is irreparable and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, and personal jurisdiction. The court finds that security in the amount of $50,000 is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. Notices Mailed.

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Manish S. Shah on 7/23/2024. Notices Mailed.

MOTION by Plaintiff Dorna Sports, S.L. for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 24 before Honorable Manish S. Shah on 8/6/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 24 is granted, and no appearance is necessary. The TRO is extended to 8/20/24. Notices Mailed.

INJUNCTION BOND in the amount of $ 50,000.00 posted by Dorna Sports, S.L. (Document not scanned)

MOTION by Plaintiff Dorna Sports, S.L. for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Nunc Pro Tunc to August 20, 2024

MEMORANDUM by Dorna Sports, S.L. in support of motion for preliminary injunction 28

DECLARATION of Michael A. Hierl regarding motion for preliminary injunction 28

NOTICE of Motion by Michael A. Hierl for presentment of motion for preliminary injunction 28 before Honorable Manish S. Shah on 8/28/2024 at 09:45 AM.

SUMMONS Issued as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SUMMONS Returned Executed by Dorna Sports, S.L. as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 8/16/2024, answer due 9/6/2024.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, plaintiff's motion for preliminary injunction 28 is granted. Enter Preliminary Injunction Order. The Clerk is directed to unseal any previously sealed documents in this matter. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so may be located on the court's website at www.ilnd.uscourts.gov/instructions. Notices Mailed.

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Manish S. Shah on 8/28/2024 Notices Mailed.

NEW PARTIES: Yuliacc Show Store, Shop1102936303 Store, Shop1102845540 Store, Shop1102828062 Store, Shop1102784320 Store, Shop1102727532 Store, Shop1102713333 Store, Shop1102695618 Store, Shop1102661463 Store, Shop1102548394 Store, Shop1102418454 Store, Rainbow Dream Store, Motorcycle Racing Suit Factory Store, Men Fashion Wardrobe Store, Men Clothing Hat 55 Store, guoguoD Store, gongqiao8227, worldstylestore, winwish-trading786, susukbam0, sulja-9929, savee15, samiracersoffical, ryoma-japan, rotgo_56, ravindra-310, raif-adam, qualitytailors, qasoh_21, perfwe0, nexter360, narson-leather, naotoshop, muffinku, korenofer, khiba-46, kaviand98, jojon1232, huang55388, hsymmind, hihihi-80, gloryshineracing, genuineleather7, galbodago, fedric96, cart-buy, bodda*22, aqriders, alpinist7, visit our art gallery, Sunshine Market, PC power, Clili L, Shop1103681232 Store, Shop110000162 Store, yoyo-167, yoben34, weiweitt356, liugang21450, hestiaslife, faabumu_76 and danzya42 added to case caption.

NOTICE of Voluntary Dismissal by Dorna Sports, S.L. Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 48

PRO SE Appearance by Defendants rotgo_56, yoben34, yoyo-167, filed by Tzvishai Mendel. (Received via Box.com on 09/15/2024)

CERTIFICATE of Service by John Wilson on behalf of Dorna Sports, S.L.

MOTION by Plaintiff Dorna Sports, S.L. for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified in Second Amended Schedule A

(Exhibit Second Amended Schedule A)

MEMORANDUM by Dorna Sports, S.L. in support of motion for default judgment, 38

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 38

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 38 before Honorable Manish S. Shah on 9/25/2024 at 09:45 AM.

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. For the reasons stated in open court, the motion for entry of default judgment 38 is granted. Enter Default Judgement Order. Civil case terminated. Notices Mailed.

DEFAULT JUDGMENT ORDER. Signed by the Honorable Manish S. Shah on 9/25/2024. Notices Mailed.

REQUEST by Defendant korenofer for reconsideration. (Received via pro se email on 10/02/24)

REQUEST by Defendant korenofer for assistance. (Received via pro se email on 10/02/24)

MINUTE entry before the Honorable Manish S. Shah: The court construes Defendant Number 54 korenofer's motions 44 45 to be timely Rule 59(e) motions to alter or vacate the judgment, as well as a motion for damages for a wrongful injunction. Plaintiff must respond to the motion by 10/7/24. No reply is necessary, and the court will notify the parties if it would like a reply. The court will rule by cm/ecf. The clerk shall send a copy of this docket entry to defendant korenofer. Notices Mailed.

EMAILED a copy of the order dated 10/3/2024 to defendant korenofer at oferkoren@gmail.com

MOTION by Plaintiff Dorna Sports, S.L. for extension of time Plaintiff's Opposed Motion for a First Extension of Time to File a Response to the Motion to Vacate Default Judgment Filed by Defendant No. 54 "KORENOFER" [Dkt. No. 44]

RESPONSE by Plaintiff Dorna Sports, S.L. Plaintiff's Response to the Motion to Vacate Default Judgment of Defendant No. 54 "KORENOFER" [Dkt. No. 44]

Exhibit A

Exhibit B

(Exhibit C)

MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time 47 is granted. Plaintiff's 10/8/24 filing is considered timely. No further briefing is necessary and the court will rule by cm/ecf. Notices Mailed.

PRO SE Appearance by Defendant Ofer Koren (Received via PDF Submission link on Box.com on 10/10/24)

MINUTE entry before the Honorable Manish S. Shah: Defendant Ofer Koren's requests for assistance and reconsideration 44 45 are denied. The court construes the motions to be timely Rule 59(e) motions, but concludes that there was no error in entering judgment. Even if Mr. Koren pulled his listing, the allegation that he had a listing earlier and the evidence in support of the TRO suffice to establish that he used the plaintiff's mark without permission (even if he relied eBay's policies for assurance). Notices Mailed.