2024-cv-05832

COMPLAINT filed by Deckers Outdoor Corporation; Filing fee $ 405, receipt number AILNDC-22227178.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Schedule A regarding complaint[1]

MOTION by Plaintiff Deckers Outdoor Corporation for leave to file under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation

Notice of Claims involving Trademarks by Deckers Outdoor Corporation

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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.

MOTION by Plaintiff Deckers Outdoor Corporation for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Deckers Outdoor Corporation in support of motion for temporary restraining order[11]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Laurie Rose Lubiano regarding memorandum in support of motion[12]

Exhibit 1

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 2 - Parts 1-7 regarding declaration[14]

MOTION by Plaintiff Deckers Outdoor Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Deckers Outdoor Corporation in support of motion for miscellaneous relief[16]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in the motions ([3], [11], [16]) filed by plaintiff, the supporting memoranda ([12], [17]) and the temporary restraining order, plaintiff's motions to seal, [3], for electronic service of process, [16], and for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery, [11], are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. Electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to defendants. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiff genuinely intends to pursue an accounting, but at this preliminary stage, plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 7/16/2024:

Registry Deposit Information Form by Deckers Outdoor Corporation

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $ 10,000.00 posted by Deckers Outdoor Corporation. (Document not imaged) (Received by mail in the Clerk's Office on 7/23/24)

MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Deckers Outdoor Corporation in support of motion for preliminary injunction[23]

Declaration of Justin T. Joseph

Exhibit 1

SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/25/2024, answer due 8/15/2024.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable Martha M. Pacold: The court has taken the motion for preliminary injunction against defendants Nos. 9 - 102, 23, under advisement and will consider the motion unopposed if no defendant appears and objects by 8/6/2024. Plaintiff shall serve defendants with this notice. For the reasons stated in the court's order entering the TRO, the TRO is further extended to and including the date on which the court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844.

SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/2/2024, answer due 8/23/2024.

Declaration of Thomas J. Juettner

(Exhibit A)

NOTICE of Voluntary Dismissal by Deckers Outdoor Corporation as to certain defendant

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's notice of dismissal, [28], which seeks to voluntarily dismiss defendant No. 69 Casualshoe under Rule 41(a)(1). But Rule 41(a) is not the proper vehicle for dismissing some, but not all, parties to an action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) should be limited to dismissal of an entire action."). The court therefore construes plaintiff's notice of voluntary dismissal as a request for leave to amend the pleadings under Rule 15(a)(2) by removing defendant No. 69 Casualshoe from the Schedule A form, see Taylor, 787 F.3d at 857-58, and the court grants plaintiff leave to amend the pleadings. Plaintiff is directed to file an amended Schedule A by 8/15/2024 identifying the remaining defendants.

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Amended Schedule A regarding exhibit[2]

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction, 23. By 8/19/2024, plaintiff should submit a proposed preliminary injunction order and track changes version of the order to the proposed order inbox. The proposed order should include only the defendants remaining in this action.

MINUTE entry before the Honorable Martha M. Pacold: No defendant has appeared or filed an objection to the motion for preliminary injunction as to defendants Nos. 9102, 23. A preliminary injunction is appropriate for the same reasons a TRO was granted and is unopposed. Plaintiffs' motion for preliminary injunction as to defendants Nos. 9102, 23, is granted. Enter Preliminary Injunction. Plaintiff (and defendants if any appear) is directed to file a status report by 8/28/24 with an update on the status of the case and proposed next steps. Mailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on 8/23/2024. Mailed notice.

MOTION by Plaintiff Deckers Outdoor Corporation for entry of default, MOTION by Plaintiff Deckers Outdoor Corporation for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Deckers Outdoor Corporation in support of motion for entry of default, motion for default judgment[34]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[35]

Exhibit 1

STATUS Report per 32 by Deckers Outdoor Corporation

(Exhibit A)

MOTION by Plaintiff Deckers Outdoor Corporationfor Leave to Amend Schedule A to the Complaint Instanter

AMENDED exhibit 2 Amended Schedule A

MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to plaintiff's motion for entry of default and motion for default judgment [34], must enter an appearance and file a written objection by 9/17/2024. If no objections are filed, the court will consider the motions unopposed. Plaintiff shall serve defendants with this notice.

MOTION by Plaintiff Deckers Outdoor Corporationfor Leave to Amend Schedule A to the Complaint as to certain defendants

AMENDED exhibit[2] Instanter

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for leave to amend Schedule A to the complaint, 38, 41, by dropping defendants No. 9 Dongxihui, No. 77 htx_43, No. 87 MODAVERO, and No. 95 WomenShoesShop, are granted. Defendants No. 9 Dongxihui, No. 77 htx_43, No. 87 MODAVERO, and No. 95 WomenShoesShop, are dismissed. Plaintiff has already filed the amended Schedule A on the docket, 42.

MINUTE entry before the Honorable Martha M. Pacold: By 10/11/2024, plaintiff should send an updated proposed default judgment order (including an updated Schedule A) to the court's proposed order box.

MAILED trademark report to Patent Trademark Office, Alexandria VA. (jn,)

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

ORDER: Defendants have not objected to plaintiffs motion for entry of default, 34. Plaintiffs motion for entry of default, 34, is granted. Pursuant to Rule 55(a), the court hereby enters a default against defendants for failure to timely appear, answer or otherwise plead to plaintiffs complaint. And because defendants also have not appeared or objected to plaintiffs motion for default judgment, 34, the motion for default judgment is granted 34. Based on the evidence in support of the motion for default judgment, and defendants admission of liability by virtue of the default, plaintiff has established that damages should be awarded under 15 U.S.C. § 1117(c)(2) in the amount of $500,000 per defaulting defendant. Enter default judgment. Civil case terminated. Signed by the Honorable Martha M. Pacold on 10/15/2024. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 10/15/2024. Mailed notice

ORDER: The ten-thousand-dollar ($10,000) surety bond posted by plaintiff is hereby released to plaintiff's counsel. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Greer, Burns & Crain, Ltd., 200 W. Madison Street, Suite 2100, Chicago, IL 60606, via certified mail. Signed by the Honorable Martha M. Pacold on 10/15/2024. Mailed notice

MAILED original ten-thousand-dollar ($10,000) surety bond posted by Deckers Outdoor Corporation to Greer, Burns & Crain Ltd. 200 West Madison St Suite 2100 Chicago, IL 60606 via certified mail # 9589 0710 5270 0579 7784 75.

RETURN of U.S. Post Office Receipt, article no. 9589 0710 5270 0579 7784 75. (Received by mail in the Clerk's Office on 10/22/2024)

FULL SATISFACTION of Judgment regarding order 48 in the amount of $500,000 as to certain defendants