2024-cv-05949

COMPLAINT filed by Levi Strauss & Co.; Filing fee $ 405, receipt number AILNDC-22243524.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Levi Strauss & Co. Schedule A regarding complaint[1]

MOTION by Plaintiff Levi Strauss & Co. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Levi Strauss & Co.

Notice of Claims Involving Trademarks by Levi Strauss & Co.

ATTORNEY Appearance for Plaintiff Levi Strauss & Co. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Levi Strauss & Co. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Levi Strauss & Co. by Quinn Bradley Guillermo

ATTORNEY Appearance for Plaintiff Levi Strauss & Co. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. 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.

MAILED trademark report to Patent Trademark Office, Alexandria VA.

Trademarks

MOTION by Plaintiff Levi Strauss & Co. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Levi Strauss & Co. in support of motion for temporary restraining order 12

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Zachary Toczynski regarding memorandum in support of motion 13

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Levi Strauss & Co. Exhibit 2 Parts 1-5 regarding declaration 15

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

(Exhibit 2-5)

MOTION by Plaintiff Levi Strauss & Co. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Levi Strauss & Co. in support of motion for miscellaneous relief 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Andrea R. Wood: This matter comes before the Court on Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [12], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [17]. Having reviewed the motions and supporting documentation in chambers, the Court grants Plaintiff's motion for leave to file under seal [3], ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [12], and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) [17]. Enter Sealed Temporary Restraining Order. The Clerk is directed to maintain the following documents under seal until further order of this Court: (1) Schedule A to the complaint [2], and (2) Exhibit 2 Parts 1-5 [16]. The Temporary Restraining Order shall be maintained under seal until further order of the Court. The Temporary Restraining Order is entered effective 11:00 a.m. on 12/23/2024 and shall expire in fourteen (14) days. It is further ordered that Plaintiff shall deposit with the Court ten thousand dollars ($10,000.00) as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. Telephonic status hearing set for 1/6/2025 at 1:45 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Andrea R. Wood on 12/23/2024. Mailed notice

ATTORNEY Appearance for Plaintiff Levi Strauss & Co. by Marcella Deshonda Slay

Registry Deposit Information Form by Levi Strauss & Co.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

ATTORNEY Appearance for Plaintiff Levi Strauss & Co. by Hannah Alexa Abes

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 Levi Strauss & Co. (Document not scanned).

MOTION by Plaintiff Levi Strauss & Co. for extension of time of Temporary Restraining Order

MEMORANDUM by Levi Strauss & Co. in support of extension of time 27

DECLARATION of Marcella D. Slay regarding memorandum in support of motion 28

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/6/2025. For the reasons stated on the record, Plaintiff's ex parte motion to extend the temporary restraining order 27 is granted. The Court finds good cause to extend the temporary restraining order to 1/21/2025. Telephonic status hearing set for 1/21/2025 at 11:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MOTION by Plaintiff Levi Strauss & Co. for preliminary injunction

(Exhibit A)

MEMORANDUM by Levi Strauss & Co. in support of motion for preliminary injunction 31

(Declaration of Marcella D. Slay)

SUMMONS Returned Executed by Levi Strauss & Co. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/14/2025, answer due 2/4/2025.

Declaration of Hannah A. Abes

(Exhibit A)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/21/2025. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction [31] is granted. Enter Preliminary Injunction Order. The Clerk's Office is directed to unseal: (1) Schedule A [2], (2) Exhibit 2 Parts 1-5 [16], and (3) the sealed temporary restraining order [21]. Plaintiff's counsel is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days, instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Telephonic status hearing set for 2/25/2025 at 11:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Andrea R. Wood on 1/21/2025. Mailed notice

NEW PARTIES: Dongguan Hanyu Apparel Co., Ltd., Guangxi Jinshuxiang Apparel Co., Ltd., Guangzhou Disai Garment Co., Ltd., Guangzhou Ishang Apparel Co., Ltd., Guangzhou Jiaerdi Garment Co., Ltd., Guangzhou Weifu Garment Co., Ltd., Guangzhou Wide Source Imp. & Exp. Development Co., Ltd., Hefei Angels Trade Co., Ltd., Huizhou Bobon Clothing Co., Ltd., Huizhou Taiyu Trading Co., Ltd., Longyan Yuqixuan Garments Co., Ltd., Quanzhou Fengze District Haotong Trading Co., Ltd., Quanzhou Hello Sports Products Co., Ltd., Quanzhou Licheng District Zhou Xiaobu Trading Co., Ltd, Shishi Lanqidun Clothing Co., Ltd., Shishi Mengdiqiu Garment Co., Ltd., Xiamen Billions Imp.& Exp. Co., Ltd., Xiamen Jiubaju Network Technology Co., Ltd., Yiwu Hanrong Trading Co., Ltd., Yiwu Xuanxin Trading Co., Ltd., Yiwu Zhihua Trade Co., Ltd., Come Wonka, Eocoyar-us, Jonas Clothing, Qiuse, zhijun8053, basketballshoes24, brand1clothing, burberryhoodie01, burberryhoodie03, burberryhoodie05, burberryhoodie06, burberryhoodie08, byacident, chanelsk6, chromehat, chuchu22, cjhnm95, clothing_nice_kl, clothing205, clothing209, clothing8168, Designer tank top Jeans Hoodie Jacket, designer_trend_1, designer2688793, designerclothes65, dh_lilishop, dhgat9, dhgate0591, dhgate0592, dhgatewangjh001, dhtopseller918, dhtopseller992, downjacketdesign, dsaz1, dsaz20, elegantnestab, eventswedding, freedomss, gucci1234, guo1993ming1, hbl0007, huangdh21, huangzhenting09, huangzhenting10, huo01, hwh005, iklpz, kaoya, lhj03, lindab2b, linrenying118, linzhenlian, ljf891007, lucas7010, mac03, manxiangclothing, meizi1, menkous1, oujiaclothes, rao556, rao668, top_nice_clothing, vipsalemax9, wangjhdhgate, wcs999, winter01, wjh12, xielin1, xinshuo27, xrx55, xurx22, yling01, yling02, yling04, yling05, ywep, zfclothing, zhangzhigui1, zhongyige0, zhongyige3, zhongyige8, zhongyige9, zweiclothes, zzg1, dancing-snow, luckingifts, Wholesalefactorystore, Guo Sen, LTSUPTOYOU and XIBAO added to case caption.

MOTION by Plaintiff Levi Strauss & Co. for entry of default, MOTION by Plaintiff Levi Strauss & Co. for default judgment as to Certain Defendants

Exhibit A

MEMORANDUM by Levi Strauss & Co. in support of motion for entry of default, motion for default judgment[36]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[37]

Exhibit 1

ATTORNEY Appearance for Defendant Eocoyar-us by Steven G Kalberg

MOTION by Defendant Eocoyar-us for extension of time to file answer regarding complaint 1 or otherwise respond

(Exhibit A Correspondence with Levi Strauss & Co. Counsel)

MINUTE entry before the Honorable Andrea R. Wood: Defendant Eocoyar-us' motion for a first extension of time to answer or otherwise respond to Plaintiff's complaint [40] is granted. Defendant Eocoyar-us shall answer or otherwise respond to Plaintiff's complaint by 3/17/2025. Plaintiff's motion for entry of default and default judgment as to certain Defendants [36] will be heard at the telephonic hearing set for 2/25/2025 at 11:00 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

NOTICE of Voluntary Dismissal by Levi Strauss & Co. as to certain defendants

ATTORNEY Appearance for Defendant Qiuse by Timothy Tiewei Wang

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/25/2025. As stated on the record, Defendant Qiuse's oral motion for extension of time to respond to Plaintiff's complaint is granted. Defendant Qiuse shall answer or otherwise respond to Plaintiff's complaint by 3/17/2025. Plaintiff's motion for entry of default and default judgment as to certain Defendants [36] is entered and continued. By 3/4/2025, Plaintiff shall file a supplement to their motion for default that includes a chart listing the defendants that remain in the case, as well as the amount of funds being restrained for each defendant. Telephonic status hearing set for 3/20/2025 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

SUPPLEMENT to motion for entry of default, motion for default judgment[36] per [44]

NOTICE of Voluntary Dismissal by Levi Strauss & Co. as to certain defendant

MOTION by Defendant Eocoyar-us for extension of time to file answer regarding complaint[1] or otherwise respond (unopposed)

MINUTE entry before the Honorable Andrea R. Wood: Defendant Eocoyar-us' motion for a second extension of time to answer or otherwise respond to Plaintiff's complaint [47] is granted. Defendant Eocoyar-us shall answer or otherwise respond to Plaintiff's complaint by 4/16/2025. Mailed notice

ATTORNEY Appearance for Plaintiff Levi Strauss & Co. by Kahlia Roe Halpern

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 3/20/2025 and continued to 4/16/2025 at 12:30 PM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MOTION by Defendant Eocoyar-us for extension of time to file answer regarding complaint[1]

MINUTE entry before the Honorable Andrea R. Wood: Defendant Eocoyar-us' unopposed motion for a third extension of time to answer or otherwise respond to Plaintiff's complaint 51 is granted. Defendant Eocoyar-us shall answer or otherwise respond to Plaintiff's complaint by 5/16/2025. Telephonic status hearing set for 4/16/2025 is stricken and reset for 5/15/2025 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

NOTICE of Voluntary Dismissal by Levi Strauss & Co. as to a certain Defendant

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 5/15/2025. For the reasons stated on the record, Plaintiff's motion for entry of default and default judgment as to certain Defendants [36] is granted. Enter Default Judgment Order. As all remaining Defendants have now been dismissed, this case is closed. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Andrea R. Wood on 5/16/2025. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA

NOTICE of withdrawal of bond 26 by John Summerfield