最近更新：2024-12-25
2020-cv-00329
| 日期 | 描述 |
|---|---|
| 10/16/2020 | FULL SATISFACTION of Judgment regarding entered judgment[64] in the amount of $100,000 as to certain defendant |
| 08/14/2020 | FULL SATISFACTION of Judgment regarding entered judgment[64] in the amount of $100,000 as to certain defendant |
| 07/22/2020 | NOTICE of withdrawal of bond [26] by Olivia Lee |
| 07/22/2020 | ORDER: Defendants HZBCLY at Line 4; JLETOLI at Line 5; and Z&X Outdoors at Line 9are hereby dismissed with prejudice pursuant to the Notice of Dismissal [66] filedby plaintiffs on 7/22/20. Signed by the Honorable Martha M. Pacold on 7/22/2020. Mailed notice. |
| 07/22/2020 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants |
| 06/29/2020 | MAILED Patent report with certified copy of orders dated 6/26/2020 to Patent Trademark Office, Alexandria, VA. |
| 06/26/2020 | FINAL JUDGMENT ORDER Signed by the Honorable Martha M. Pacold on 6/26/2020: |
| 06/26/2020 | MINUTE entry before the Honorable Martha M. Pacold: No defendant has responded to plaintiff's motion for entry of default and default judgment [58]. The motion is granted. Based on the evidence submitted in support of the temporary restraining order and the motion for entry of default and default judgment, and the admission of liability by virtue of the default, plaintiff has established that damages should be awarded in the amount of $100,000 per defendant and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design causes it irreparable harm in the form of consumer confusion, loss of customers' goodwill, and reputational harm; that monetary damages are inadequate to address these harms; and that the public interest would not be disserved by a permanent injunction. No defendants have appeared to argue otherwise, thus, the court also finds that the balance of the hardships favors an injunction. Enter Final Judgment Order. Civil case terminated. |
| 06/12/2020 | MINUTE entry before the Honorable Martha M. Pacold:Any defendant objecting to the entry of default judgment must enter an appearance and file a written objection by 6/19/2020. If no objections are filed, the court will consider the motion for entry of default and default judgment [58] unopposed. Plaintiff shall serve defendants with this notice. |
| 05/29/2020 | ORDER: Defendants HZBCLY at Line 4; JLETOLI at Line 5; and Z&X Outdoors at Line 9 are hereby dismissed, with leave to reinstate within one hundred and eighty (180) days pursuant to the Notice of Dismissal [57] filed by plaintiff on 5/29/20. Signed by the Honorable Martha M. Pacold on 5/29/2020. Mailed notice |
| 05/29/2020 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for entry of default as to all DefendantsMOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants[58] |
| 05/29/2020 | MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment[58] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 3:Exhibit 2 4:Exhibit 3 |
| 05/29/2020 | MOTION by Plaintiff Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Oakley, Inc. for default judgment as to all Defendants |
| 05/29/2020 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to Certain Defendants |
| 05/26/2020 | ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket9,) |
| 04/24/2020 | ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket8,) |
| 04/24/2020 | MINUTE entry before the Honorable Martha M. Pacold: Defendant climbthefall at Line 12 is dismissed with prejudice pursuant to the Notice of Dismissal [52] filed by Plaintiff on 4/24/2020. climbthefall terminated. |
| 04/03/2020 | ORDER: Defendants goodjob2016 at line 14, marry0119 at line 16, meng_2018 at line 17, Finger Ten Shop at line 20 and Zhongxinjie at line 30 are dismissed with prejudice pursuant to the Notice of Dismissal [51] filed by plaintiff 4/3/20. Signed by the Honorable Martha M. Pacold on 4/3/2020. Mailed notice |
| 04/24/2020 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant |
| 04/03/2020 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants |
| 03/30/2020 | ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1,) |
| 03/26/2020 | MINUTE entry before the Honorable Martha M. Pacold:Defendants circle_plum at Line 11 and zhoucailian92 at Line 31 are dismissed with prejudice pursuant to the Notice of Dismissal [48] filed by plaintiff on 3/20/20. |
| 03/20/2020 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendants |
| 03/16/2020 | ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. |
| 02/25/2020 | NEW PARTIES: July Breeze, Outdoor Cycling Franchise Store, Catazer Bike Store, HZBCLY, JLETOLI, Mazatlan men glasses, Outdoor WH, Peche Fishing, Z&X Outdoors, LeCat, circle_plum, climbthefall, crazybottle2-4, goodjob2016, lovenostalie, marry0119, meng_2018, omeibuyeu2019, Eqwea, Finger Ten Shop, HJY Discount store, Ningbo Tuo Yu Trading Co., Ltd., Niunaiyanyan, ranxiaobai, rosemary.wedding, Shike2222, wuchun439, XXXRXL, Yaya Boutique Jewelry, Zhongxinjie and Zhoucailian92 added to case caption. |
| 02/20/2020 | PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Martha M. Pacold on 2/20/2020. Mailed notice. |
| 02/20/2020 | ORDER: Status hearing and motion hearing held on 2/20/2020. Plaintiff's counsel appeared. Plaintiff's motion for entry of a preliminary injunction [38] is granted. Plaintiff's ex parte motion to extend the TRO [34] is denied as moot. The Clerk of Court is directed to issue a single original summons in the name of "JULY BREEZE and all other Defendants identified in the amended Complaint" that shall apply to all Defendants. The Clerk of Court is directed to unseal Plaintiff's Amended Complaint [10] and Exhibits 2, 3 and 4 thereto [10-1], [10-2], [10-3], Exhibit 1 to the Amended Complaint [11], Schedule A to the Complaint [8] and the Amended Complaint [23], Exhibit 1 to the Complaint [7], Exhibit 2 to the Declaration of Jason Groppe [16] and the TRO [25]. Plaintiff's counsel is ordered to add all defendants 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_Instruct ions.pdf. Signed by the Honorable Martha M. Pacold on 2/20/2020. Mailed notice. |
| 02/20/2020 | NOTICE by Oakley, Inc. of Submission Regarding Preliminary Injunction |
| 02/20/2020 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen |
| 02/18/2020 | SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 2/18/2020, answer due 3/10/2020. 附件： 1:Declaration of Jake M. Christensen |
| 02/18/2020 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen |
| 02/18/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction[38] before Honorable Martha M. Pacold on 2/20/2020 at 09:30 AM. |
| 02/18/2020 | MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[38] 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 02/18/2020 | MOTION by Plaintiff Oakley, Inc. for preliminary injunction |
| 02/14/2020 | MINUTE entry before the Honorable Martha M. Pacold:The court has reviewed plaintiff's ex parte motion to extend the temporary restraining order [34], memorandum in support [35], and accompanying proposed order submitted on 2/14/2020 to the court's proposed order email address. The Seventh Circuit has explained "In our view, the language of Rule 65(b)(2) and the great weight of authority support the view that 28 days is the outer limit for a TRO without the consent of the enjoined party, regardless of whether the TRO was issued with or without notice." H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844 (7th Cir. 2012). The Seventh Circuit further explained: "We recognize there will be cases where the maximum 28day limit does not give the parties sufficient time to prepare for a preliminary injunction hearing, let alone time for the district court to decide it. In those cases, an extension of the TRO pending a preliminary injunction hearing and decision without consent of the enjoined party is technically a preliminary injunction: it is appealable, and the district court should provide a sufficient explanation of its decision to allow meaningful appellate review. See Fed. R. Civ. P. 52(a)(2). A court reviewing such an order for an abuse of discretion should take into account the urgency with which it was issued and the needs of the district court and the parties, but the law does not allow an indefinite and unreviewable extension of a TRO without the consent of the enjoined party." Id. at 845. Separately, Rule 65(d)(1) requires that "Every order granting an injunction and every restraining order must: (A) state the reasons why it issued; (B) state its terms specifically; and (C) describe in reasonable detail--and not by referring to the complaint or other document--the act or acts restrained or required." In light of H-D Michigan, the reasons given in plaintiff's memorandum [35] for an extension of the TRO, and Rule 65(d)(1), the court requests that, by 2/19/2020, plaintiff (1) file a supplemental memorandum clarifying whether it is seeking an extension of the TRO with respect to Third Party Providers other than Alipay; (2) submit a revised proposed order that (a) is in the form of a preliminary injunction instead of a TRO, and (b) complies with Rule 65(d)(1). In other words, the revised proposed order should state the complete "reasons why it issued," including the explanation for the extension, see Rule 65(d)(1)(A); "state its terms specifically," Rule 65(d)(1)(B); and 'describe in reasonable detail-and not by referring to the complaint or other document-the act or acts restrained or required." The revised proposed order should stand complete on its own, and therefore plaintiff should consider whether to include in the revised proposed order language from the original TRO, language from the 2/14/2020 proposed order extending the TRO, and any other language plaintiff considers necessary to provide the complete basis and reasons for the proposed order, without referring to other documents. |
| 02/14/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of extension of time[34] before Honorable Martha M. Pacold on 2/20/2020 at 09:30 AM. |
| 02/14/2020 | MEMORANDUM by Oakley, Inc. in support of extension of time[34] 附件： 1:Declaration of Justin R. Gaudio |
| 02/14/2020 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order |
| 02/05/2020 | ORDER Signed by the Honorable Martha M. Pacold on 2/5/2020: Document sealed. |
| 02/05/2020 | MINUTE entry before the Honorable Martha M. Pacold: Status hearing and motion hearing held on 2/5/2020. Plaintiff's ex parte motion to extend the temporary restraining order [30] is granted. Status hearing set for 2/20/2020 at 9:30 a.m. |
| 02/04/2020 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Abby Marie Neu |
| 01/31/2020 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order |
| 01/31/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of extension of time[27] before Honorable Martha M. Pacold on 2/5/2020 at 09:45 AM. |
| 01/31/2020 | MEMORANDUM by Oakley, Inc. in support of extension of time[27] 附件： 1:Declaration of Justin R. Gaudio |
| 01/31/2020 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order |
| 01/30/2020 | SURETY BOND in the amount of $10,000.00 posted by Oakley, Inc. (Document not scanned). |
| 01/30/2020 | SUMMONS Issued as to Defendant JULY BREEZE and all other Defendants identified in the Amended Complaint. |
| 01/23/2020 | SEALED TEMPORARY Restraining Order. Signed by the Honorable Martha M. Pacold on 1/23/2020. |
| 01/23/2020 | ORDER: Motion hearing held on 1/23/2020. Plaintiff's motion for leave to file under seal [6] is granted. The following documents are to be filed under seal: (1) Plaintiff's Amended Complaint [10], and Exhibit 2, 3, and 4 thereto [10-1], [10-2], and [10-3], Exhibit 1 to the Amended Complaint [11], Schedule A to the Complaint [8], and the Amended Complaint [23], Exhibit 1 to the Complaint [7], and Exhibit 2 to the Declaration of Jason Groppe [16]. Plaintiffs ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery [12] is granted. Plaintiffs motion for electronic service of process pursuant to Fed.R.Civ.P. 4(f)(3) [17] is granted. Status hearing set for 2/5/2020 at 9:45 a.m. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. Signed by the Honorable Martha M. Pacold on 1/23/2020. Mailed notice |
| 01/17/2020 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding sealed document[10] |
| 01/17/2020 | Notice of Claims Involving Patents by Oakley, Inc. |
| 01/17/2020 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. |
| 01/17/2020 | NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[12], motion for leave to file[6], motion for miscellaneous relief[17] before Honorable Martha M. Pacold on 1/23/2020 at 09:30 AM. |
| 01/17/2020 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[18] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 01/17/2020 | MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[17] |
| 01/17/2020 | MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 01/17/2020 | DECLARATION of Jason Groppe regarding memorandum in support of motion[13] 附件： 1:Exhibit 1 |
| 01/17/2020 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[13] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 01/17/2020 | MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[12] |
| 01/17/2020 | MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 01/17/2020 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-2 regarding sealed document 10 附件： 1:Exhibit 1-1 2:Exhibit 1-2 |
| 01/17/2020 | SEALED DOCUMENT by Plaintiff Oakley, Inc. Amended Complaint 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 |
| 01/17/2020 | MAILED patent report to Patent Trademark Office, Alexandria VA. |
| 01/16/2020 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint 1 |
| 01/16/2020 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-2 regarding complaint 1 附件： 1:Exhibit 1-1 2:Exhibit 1-2 |
| 01/16/2020 | MOTION by Plaintiff Oakley, Inc. for leave to file under seal |
| 01/16/2020 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
| 01/16/2020 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Allyson M. Martin |
| 01/16/2020 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
| 01/16/2020 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler |
| 01/16/2020 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio |
| 01/16/2020 | CIVIL Cover Sheet |
| 01/16/2020 | COMPLAINT filed by Oakley, Inc.; Filing fee $ 400, receipt number 0752-16623231. 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 |
