2025-cv-06725

COMPLAINT filed by Lululemon Athletica Canada Inc.; Filing fee $ 405, receipt number AILNDC-23638745.

Exhibit 1

Exhibit 1

Exhibit 1

Declaration of Madeline B. Halgren

SEALED EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Schedule A regarding complaint[1]

Exhibit 2

Exhibit A

MOTION by Plaintiff Lululemon Athletica Canada Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lululemon Athletica Canada Inc.

Notice of Claims Involving Trademarks by Lululemon Athletica Canada Inc.

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Jennifer Van Nacht

ATTORNEY Appearance for Plaintiff Lululemon Athletica Canada Inc. by Madeline Halgren

CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeannice W. Appenteng. Case assignment: Random assignment. (Civil Category 2). (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.)

AMENDED complaint by Lululemon Athletica Canada Inc. against Quanzhou Fengze District Alo Trading Firm (individual Industrial And Commercial Businesses), the Individuals and Entities Operating Quanzhou Fengze District Alo Trading Firm (individual Industrial And Commercial Businesses) and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

EXHIBIT by Plaintiff Lululemon Athletica Canada Inc. Amended Schedule A regarding amended complaint, [11]

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for leave to file under seal, [3], is denied. Plaintiff seeks leave to file under seal so that plaintiff may obtain a temporary restraining order freezing the defendants' assets before revealing the defendants' identities. Id. at 1-2. "The Supreme Court has made clear that courts lack the power to issue an asset freeze at the beginning of a case, unless that party is seeking equitable monetary relief." Zorro Productions, Inc. v. Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto, No. 23-cv-5761, 2023 WL 8807254, at *4 (N.D. Ill., Dec. 20, 2023) (citing Grupo Mexicano de Desarrollo S.A. v. All. Bond Fund, Inc., 527 U.S. 308 (1999)); see also Shenzhen Yihong Lighting Co., Ltd. v. The Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-cv-1560, at Dkt. 15 (N.D. Ill. Nov. 22, 2023). Indeed, "[a]s a general matter [ ] prejudgment asset restraints are not proper simply to establish a fund from which a later award of money damages can be satisfied." Zorro, 2023 WL 8807254, at *4 (second alteration in original) (quoting Banister v. Firestone, No. 17-cv-8940, 2018 WL 4224444, at *9 (N.D. Ill. Sept. 5, 2018)). In Schedule A cases, plaintiffs often initially demand equitable relief in the form of an accounting of profits, but after obtaining a temporary asset freeze, plaintiffs uniformly shift their focus to demanding statutory damages. Id. at *3-4. In substance, then, if not in form, Schedule A plaintiffs seek prejudgment asset restraints to establish a fund from which money damages may be awarded. So, despite the demand in plaintiff's complaint that it be awarded defendants' profits, the court is not persuaded that plaintiff will actually seek or obtain such equitable relief-as opposed to statutory damages-in this case. See id. Thus, even if plaintiff's initial demand for an accounting of profits could provide this court with the power to issue a prejudgment asset freeze, see Grupo Mexicano, 527 U.S. at 333; Banister, 2018 WL 4224444, at *9, the court is not persuaded that such a freeze is warranted. Plaintiff's motion for leave to file under seal, [3], is therefore denied. Plaintiff's sealed exhibit, [2], is stricken. Plaintiff has already publicly filed an amended complaint and Schedule A on the docket. [11], [12].

MINUTE entry before the Honorable Martha M. Pacold: By 7/8/2025, plaintiff should file a status report with an update on the status of the case.

MOTION by Plaintiff Lululemon Athletica Canada Inc. for discovery Expedited

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

MEMORANDUM by Lululemon Athletica Canada Inc. in support of motion for miscellaneous relief[16]

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

STATUS Report Pursuant to 14 by Lululemon Athletica Canada Inc.

MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motions for expedited discovery, [15], and electronic service of process, [16], are granted. Enter order.

EXPEDITED DISCOVERY AND ELECTRONIC SERVICE OF PROCESS ORDER Signed by the Honorable Martha M. Pacold on 8/21/2025:

SUMMONS Submitted (Court Participant) for defendant(s) Quanzhou Fengze District Alo Trading Firm (individual Industrial And Commercial Businesses) and the Individuals and Entities Operating Quanzhou Fengze District Alo Trading Firm (individual Industrial And Commercial Businesses by Plaintiff Lululemon Athletica Canada Inc.

SUMMONS Issued (Court Participant) as to Defendant Quanzhou Fengze District Alo Trading Firm (individual Industrial And Commercial Businesses)

MINUTE entry before the Honorable Martha M. Pacold: The court has received plaintiff's status report. [19]. By 9/12/2025, plaintiff should file a status report with an update on the case.

SUMMONS Returned Executed by Lululemon Athletica Canada Inc. as to Quanzhou Fengze District Alo Trading Firm (individual Industrial And Commercial Businesses) on 9/3/2025, answer due 9/24/2025; the Individuals and Entities Operating Quanzhou Fengze District Alo Trading Firm (individual Industrial And Commercial Businesses) on 9/3/2025, answer due 9/24/2025.