2025-cv-06598

COMPLAINT filed by NBA Properties, Inc.; Filing fee $ 405, receipt number AILNDC-23623241.

Exhibit 1

Exhibit 1

Declaration of Kahlia R. Halpern

Exhibit A

Exhibit 1

Exhibit 1

Exhibit A

Exhibit A

Exhibit A

EXHIBIT by Plaintiff NBA Properties, Inc. Schedule A regarding complaint[1]

Exhibit 2

(Exhibit A)

Exhibit 2

CIVIL Cover Sheet

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

Notice of Claims Involving Trademarks by NBA Properties, Inc.

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Allyson M. Martin

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Kahlia Roe Halpern

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category Two). (Text entry; no document attached.)

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. (Text entry; no document attached.)

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by NBA Properties, Inc. against thejerseylocker.com, The Individuals and Entities Operating thejerseylocker.com and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

EXHIBIT by Plaintiff NBA Properties, Inc. Amended Schedule A regarding amended complaint, [12]

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

MEMORANDUM by NBA Properties, Inc. in support of motion for miscellaneous relief[14]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for electronic service of process, [14], is granted. The court finds that electronic service of process is proper under Fed. R. Civ. P. 4(f)(3). 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.

ORDER for Electronic Service of Process Signed by the Honorable Martha M. Pacold on 6/24/2025:

SUMMONS Submitted (Court Participant) for defendant(s) thejerseylocker.com and the Individuals and Entities Operating thejerseylocker.com by Plaintiff NBA Properties, Inc.

SUMMONS Issued (Court Participant) as to Defendants thejerseylocker.com and the Individuals and Entities Operating thejerseylocker.com

ATTORNEY Appearance for Plaintiff NBA Properties, Inc. by Justin Tyler Joseph

SUMMONS Returned Executed by NBA Properties, Inc. as to The Individuals and Entities Operating thejerseylocker.com on 6/24/2025, answer due 7/15/2025; thejerseylocker.com on 6/24/2025, answer due 7/15/2025.

MOTION by Plaintiff NBA Properties, Inc. for entry of default as to thejerseylocker.com and the Individuals and Entities Operating thejerseylocker.com, MOTION by Plaintiff NBA Properties, Inc. for default judgment as to thejerseylocker.com and the Individuals and Entities Operating thejerseylocker.com

MEMORANDUM by NBA Properties, Inc. in support of motion for entry of default, motion for default judgment, [23]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[24]

MOTION by Plaintiff NBA Properties, Inc. for extension of time and to Enter Deadline to Oppose Motion for the Entry of Default and Default Judgment - Unopposed

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for extension of time, [26], is granted. Any defendant objecting to plaintiff's motion for entry of default and default judgment, [23], must enter an appearance and file a written objection by 8/22/2025. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a supplemental brief (not to exceed 10 pages) by 8/22/2025, explaining the basis for personal jurisdiction over defendant. On 7/21/2025, plaintiff moved for entry of default and default judgment against defendant. 23. "Before a court can enter a default judgment, however, it must be satisfied that it has personal jurisdiction over the defendants." Simonsen v. Bd. of Educ. of City of Chicago, No. 01 C 3081, 2002 WL 230777, at *15 (N.D. Ill. Feb. 14, 2002) (citation omitted). That is because "this Court cannot enter a default judgment against a party over whom it lacks personal jurisdiction." Pardo v. Mecum Auction, Inc., No. 12 C 08410, 2014 WL 627690, at *8 (N.D. Ill. Feb. 18, 2014); see also Deckers Outdoor Corp. v. Does 1-55, No. 11-cv-10, 2011 WL 2036454, at *2 (N.D. Ill. May 24, 2011) ("To enter a default judgment against one or more of the Defendants, the Court must have personal jurisdiction." (citing Relational, LLC v. Hodges, 627 F.3d 668, 671 (7th Cir. 2010))); Barry v. Islamic Republic of Iran, 410 F.Supp.3d 161, 171 (D.D.C. Sept. 4, 2019) ("The court must also 'satisfy itself that it has personal jurisdiction before entering judgment against an absent defendant.'" (quoting Mwani v. bin Laden, 417 F.3d 1, 6-7 (D.C. Cir. 2005))). The Seventh Circuit has, in some cases, found the existence of specific personal jurisdiction in trademark, copyright, and patent infringement suits against online retailers, but only when the defendant has shipped the allegedly infringing products to the forum state. See, e.g., NBA Props., Inc. v. HANWJH, 46 F.4th 614, 622-23 (7th Cir. 2022); Curry v. Revolution Lab'ys, LLC, 949 F.3d 385, 399 (7th Cir. 2020); Illinois v. Hemi Group, LLC, 622 F.3d 754, 758 (7th Cir. 2010). Absent fulfillment and shipment of an order into the forum state, the operation of an "interactive" online storefront is insufficient to establish personal jurisdiction. See Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 803 (7th Cir. 2014) ("Having an interactive website. should not open a defendant up to personal jurisdiction in every spot on the planet where that interactive website is accessible."). Here, the complaint alleges that defendant has "targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers. offer shipping to the United States, including Illinois, accept payment in U.S. dollars and/or funds from U.S. bank accounts." 12 para. 19. However, "displaying products online that are shippable to Illinois amounts to nothing more than maintaining an interactive website that is accessible in Illinois. That alone cannot confer personal jurisdiction." Rubik's Brand, Ltd. v. P'ships and Unincorporated Ass'ns Identified in Schedule A, No. 20-cv-5338, 2021 WL 825668, at *3 (N.D. Ill. Mar. 4, 2021) ("The maintenance of an interactive website, without more, is insufficient to vest a court with personal jurisdiction."). Further, the complaint alleges that defendant, "on information and belief, ha[s] sold Counterfeit NBA Products to residents of Illinois." 12 para. 19. However, "conclusory allegations stated only upon 'information and belief,' are insufficient to establish that the court has personal jurisdiction over a defendant." Cagan v. Gadman, CV 08-3710 (SJF) (ARL), 2009 WL 10712634, at *4 (E.D.N.Y. July 6, 2009) (citation omitted).

MOTION by Plaintiff NBA Properties, Inc. for extension of time and to Enter Deadline to Oppose Motion for the Entry of Default and Default Judgment - Unopposed

MOTION by Plaintiff NBA Properties, Inc. to Extend Pending Deadlines - Agreed (Corrected)

NOTICE of Voluntary Dismissal by NBA Properties, Inc. as to Defendant thejerseylocker.com

MINUTE entry before the Honorable Martha M. Pacold: The court has received Plaintiff's Notice of Dismissal, [31]. This dismissal took effect without court intervention. See Fed.R.Civ.P. 41(a)(1)A)(i); Waetzig v. Haliburton Energy Servs., 145 S. Ct. 690, 694 (2025). All pending motions, [23], [29], [30], are stricken as moot. Civil case terminated.