2024-cv-08803

COMPLAINT filed by United States Olympic and Paralympic Committee; Filing fee $ 405, receipt number AILNDC-22513923.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED DOCUMENT by Plaintiff United States Olympic and Paralympic Committee Schedule A to Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Keith A. Vogt

ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Adam Grodman

ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Cameron Eugene Mcintyre

ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Christopher Romero

ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Monica Rita Martin

ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Yanling Jiang

ATTORNEY Appearance for Plaintiff United States Olympic and Paralympic Committee by Yi Bu

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by United States Olympic and Paralympic Committee

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. (qrtr,)

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2). (qrtr,)

[Amended] Schedule A to Complaint [1] and Schedule A [2] by United States Olympic and Paralympic Committee

MEMORANDUM in Support of [13] Exparte Motion

Exhibit 1

Affidavit of Keith A. Vogt

Exhibit 1, to Affidavit of Keith A. Vogt

Exhibit 2, to Affidavit of Keith A. Vogt

CERTIFICATE of Service by Plaintiff United States Olympic and Paralympic Committee

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion 13 for leave to conduct third-party discovery and a certificate of service 15 upon the third-party to which it intends to propound discovery. The third-party has until and including 10/03/2024 to file a response to, or request a hearing, on plaintiff's motion for leave to conduct expedited discovery. Any hearing will be held by teleconference. A hearing may be requested by emailing Chambers_Gottschall@ilnd.uscourts.gov and copying all counsel of record. Plaintiff is instructed to serve defendant with a copy of this order and file a supplemental certificate of service on or before 09/30/2024.Mailed notice

CERTIFICATE of Service by Plaintiff United States Olympic and Paralympic Committee regarding set motion and R&R deadlines/hearings, 16

MINUTE entry before the Honorable Joan B. Gottschall: Upon consideration of the certificate of service 17, plaintiff's motion 13 for leave to conduct expedited discovery is granted. The court advises counsel that paragraph 2(c) of the proposed order submitted by counsel cross-references what appears to be an inapplicable paragraph. Also, paragraph 3 of the proposed order authorizing service of the summons and complaint by electronic means must be removed because plaintiff did not request any such relief in its motion and it is premature to request such relief without first conducting a reasonably diligent inquiry into any addresses produced in discovery. Counsel are instructed to send a revised proposed order to Proposed_Order_Gottschall@ilnd.uscourts.gov by and including 10/31/2024. Mailed notice

ORDER: An initial status report is due on or before December 4, 2024. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2). If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 10/30/2024. Mailed notice

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 24-0032: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable April M. Perry; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable April M. Perry; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable April M. Perry's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable April M. Perry to the Court's criminal case assignment system ninety (90) days so that Judge Perry shall thereafter receive a full share of such cases. Case reassigned to the Honorable April M. Perry for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Honorable Virginia M. Kendall on 11/26/2024.

MINUTE entry before the Honorable April M. Perry: This case having been recently reassigned to Judge April M. Perry, Plaintiff is asked to file an Initial Status Report for Reassigned Cases by 12/30/2024. The required contents of the report may be found on Judge Perry's website at www.ilnd.uscourts.gov. Mailed notice. (jcc,)

STATUS Report Pursuant to Minute Entry [21] [INITIAL] by United States Olympic and Paralympic Committee

MINUTE entry before the Honorable April M. Perry: Upon consideration of representations made in the status report [22], the Court now enters a sealed order for leave to conduct expedited discovery. Plaintiff's representations and a review of the docket show that plaintiff's motion for leave to conduct expedited discovery [13] was previously granted on 10/30/2024 [18]. Enter order. Mailed notice.

SEALED ORDER for Leave to Conduct Expedited Discovery signed by the Honorable April M. Perry on 12/17/2024. Mailed notice.

MOTION by Plaintiff United States Olympic and Paralympic Committee for Electronic Service of Process Pursuant to Fed.R.Civ.P. 4(f)(3)

MEMORANDUM by United States Olympic and Paralympic Committee in support of motion for miscellaneous relief[25]

Exhibit 1

Declaration of Keith A. Vogt

Exhibit 1-2, of Keith A. Vogt's Declaration

NOTICE of Motion by Keith A. Vogt for presentment of motion for miscellaneous relief[25] before Honorable April M. Perry on 1/9/2025 at 10:00 AM.

MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for electronic service of process [25] 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 an online marketplace defendant. The Court strikes the motion hearing set for 1/9/2025. Enter order. Mailed notice. (jcc,)

*SEALED* ORDER FOR LEAVE FOR SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION signed by the Honorable April M. Perry on 12/26/2024. Mailed notice. (jcc,)

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

SUMMONS Returned Executed by United States Olympic and Paralympic Committee as to The Partnerships and Unincorporated Associations Identified on Schedule A on 12/26/2024, answer due 1/16/2025.

Declaration of Service

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.

MOTION by Plaintiff United States Olympic and Paralympic Committee for default judgment as to the Defendant Identified in [Amended] Schedule A

MEMORANDUM by United States Olympic and Paralympic Committee in support of motion for default judgment[32]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[32] before Honorable April M. Perry on 1/28/2025 at 10:00 AM.

MINUTE entry before the Honorable April M. Perry: Based on its review of Plaintiff's motion for default judgement 32, the Court has determined that it requires supplemental briefing and materials from Plaintiff prior to the hearing supporting its request for $50,000 in statutory damages from the defendant. This Court must make a reasoned, evidence-based, and individualized assessment of statutory damages for each defaulting Defendant based on their particular conduct. See, e.g., Estee Lauder Cosmetics Ltd. v. P'ships and Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) ("[A]n online store that shows thousands of reviews for a counterfeit product probably sold much more of that product than an online store with zero reviews for it, and the more prolific seller should be tagged with a larger damages award."). Therefore, by 1/26/2025, Plaintiff shall file a supplemental memorandum in support of its motion for default judgment that includes an individualized damage assessment for the single remaining Defendant. Specifically, Plaintiff should provide information supporting the particularized statutory damage amount, including the size and scope of the Defendant's operation, the price range of the counterfeited products sold, how much has been frozen in Defendant's online storefront account, and any other information that supports the sought statutory damages award. The information in the summary should be supported by citations to exhibits submitted with the brief. At the hearing on 1/28/2025, Plaintiff's counsel should be prepared to address the statutory damages amount sought and the evidence showing that the award sought is reasonable for the Defendant. Mailed notice. (jcc,)

MINUTE entry before the Honorable April M. Perry: Minute entry 21 is amended as follows: At the request of Plaintiff's counsel, the hearing originally set for 1/28/2025 is reset to 2/11/2025 at 10 a.m.in courtroom 1725. By *2/6/2025*, Plaintiff shall file a supplemental memorandum in support of its motion for default judgment that includes an individualized damage assessment for the single remaining Defendant. Specifically, Plaintiff should provide information supporting the particularized statutory damage amount, including the size and scope of the Defendant's operation, the price range of the counterfeited products sold, how much has been frozen in Defendant's online storefront account, and any other information that supports the sought statutory damages award. The information in the summary should be supported by citations to exhibits submitted with the brief. At the hearing on *2/11/2025*, Plaintiff's counsel should be prepared to address the statutory damages amount sought and the evidence showing that the award sought is reasonable for the Defendant. Mailed notice. (jcc,)

NOTICE of Voluntary Dismissal by United States Olympic and Paralympic Committee as to the Defendant(s) Identified in Amended Schedule A

MINUTE entry before the Honorable April M. Perry: Notice of Voluntary Dismissal [37] is acknowledged. Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, this case is dismissed. Plaintiff's motion for default judgment [32] is denied as moot. Any or all previously set deadlines/hearings to be struck. Civil case terminated. Mailed notice. (jcc,)

MAILED Trademark report with certified copy of minute order dated 2/7/2025 to Patent Trademark Office, Alexandria VA