2024-cv-05899

COMPLAINT filed by Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-22236703.

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1]

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-5 regarding complaint[1]

MOTION by Plaintiff Oakley, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc.

Notice of Claims Involving Patents by Oakley, Inc.

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Berel Yonathan Lakovitsky

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 1).

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 Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Oakley, Inc. Amended Schedule A regarding amended complaint[12]

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding amended complaint[12]

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for leave to file under seal [4] is granted in part. The documents filed at [2], [3] shall remain under seal pending further order of the Court. Emailed notice.

MOTION by Plaintiff Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[16]

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

Exhibit 1

Exhibit 2

DECLARATION of Jason Groppe regarding memorandum in support of motion[17]

Exhibit 1

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[19]

MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[21]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[22]

Exhibit 1

Exhibit 2

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[16], motion for miscellaneous relief[21] before Honorable LaShonda A. Hunt on 7/18/2024 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [16] is granted. 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. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) there is no countervailing harm to defendants from an order directing them to stop infringement. Plaintiff's motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [21] is granted. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 7/18/24. Emailed notice.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 7/17/2024. Emailed to counsel.

Registry Deposit Information Form by Oakley, Inc.

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

CHECK BOND BOND in the amount of $ 1,000.00 posted by Oakley, Inc.

MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Oakley, Inc. in support of extension of time[28]

DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion[29]

NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of extension of time[28] before Honorable LaShonda A. Hunt on 7/31/2024 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Extend the Temporary Restraining Order [28] is granted. The TRO is extended to 8/14/24 for the reasons stated in the order granting the initial TRO [25], [26]. No appearance is necessary on 7/31/24. Emailed notice.

MINUTE entry before the Honorable LaShonda A. Hunt:This case has been assigned to the calendar of Judge LaShonda A. Hunt. The parties are ordered to file a Joint Initial Status Report for New Case by 9/12/24. A template for the report can be found on Judge Hunt's webpage under "Initial Status Conference and Status Report." A telephonic initial status hearing is set for 9/19/24 at 9:45AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice.

MOTION by Plaintiff Oakley, Inc. for preliminary injunction

Exhibit A

MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[34]

DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion[35]

Exhibit 1

NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for preliminary injunction[34] before Honorable LaShonda A. Hunt on 8/8/2024 at 10:00 AM.

Exhibit A

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 7/31/2024, answer due 8/21/2024.

Declaration of Thomas J. Juettner

Exhibit A

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Preliminary Injunction [34] is taken under advisement. The in-person hearing set for 8/8/24, at 10:00AM is stricken and reset as a telephonic motion hearing on 8/8/24, at 10:00 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 8/7/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO and the order extending the TRO, the TRO is extended to and including the date 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 Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Plaintiff must serve a copy of this minute order upon all affected Defendants within one business day of its entry on the docket and promptly file proof of that service. Emailed notice.

CERTIFICATE of Service by Plaintiff Oakley, Inc. regarding order on motion for preliminary injunction, terminate hearings, set motion and R&R deadlines/hearings, [39]

Exhibit A

MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction [34], which the Court now considers unopposed because no Defendant filed a notice of objection by the 8/7/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO [25], [26], the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established [40] that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Amended Schedule A [13] are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 8/8/2024. Emailed notice

MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case [42]. Summons were executed on 7/31/24 and Defendants' responses to the complaint are due by 8/21/24 [38]. By 9/20/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice.

NEW PARTIES: roiiiii added to case caption.

NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants

MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and the Plaintiff's Notice of Dismissal Under Rule 41(a)(1) 44, this action is being dismissed without prejudice. All pending motions and deadlines are terminated as moot. Civil case terminated. Emailed notice.

MOTION by Plaintiff Oakley, Inc.for Release of Bond

NOTICE of Motion by Berel Yonathan Lakovitsky for presentment of motion for miscellaneous relief[46] before Honorable LaShonda A. Hunt on 9/4/2025 at 10:00 AM.

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion for release of bond [46] is granted. Enter Order. The motion hearing set for 9/4/25 [47] is stricken. Mailed notice (gel,)

ORDER TO RELEASE BOND TO PLAINTIFF Signed by the Honorable LaShonda A. Hunt on 9/2/2025. Mailed notice (gel,)