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2021-cv-02114
| 日期 | 描述 |
|---|---|
| 07/07/2021 | MAILED original ten thousand dollars ($10,000) surety bond posted by plaintiff's counsel Justin R. Gaudio, of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail # 70060100000173139615 |
| 07/06/2021 | FINAL JUDGMENT ORDER. Signed by the Honorable Martha M. Pacold on 7/6/2021:Mailed notice |
| 07/06/2021 | ORDER: The court has not received any objections to plaintiff's motion for entry of default and default judgment [37]. The court therefore grants plaintiff's motion for entry of default and default judgment [37] against all defendants identified on Schedule A. See Fed. R. Civ. P. 54(b). Based on the evidence submitted in support of plaintiff's motion and the admission of liability by virtue of the default, plaintiff has established that the infringement was willful, that damages should be awarded as set forth in the Final Judgment Order, and that a permanent injunction should be entered. Plaintiff has shown that the infringement of its design patent causes it irreparable harm in the form of diminished goodwill and brand confidence, damage to plaintiff's reputation, loss of exclusivity, and loss of future sales; 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. The ten thousand dollars ($10,000) surety bond posted by plaintiff is hereby released to plaintiff or their counsel, Greer, Burns & Crain, Ltd. The Clerk of the Court is directed to return the surety bond previously deposited with the Clerk of the Court to plaintiff's counsel Justin R. Gaudio, of Greer, Burns & Crain, Ltd., 300 S. Wacker Drive, Suite 2500, Chicago, IL 60606, via certified mail. Enter Final Judgment Order. Signed by the Honorable Martha M. Pacold on 7/6/2021. Mailed notice |
| 06/25/2021 | MINUTE entry before the Honorable Martha M. Pacold: Defendant yushanxiankelasiwangsha at Line No. 14 is hereby dismissed with prejudice pursuant to the Notice of Dismissal Under Rule 41(a)(1) 41 filed by Plaintiff on 6/25/2021. yushanxiankelasiwangsha terminated. |
| 06/25/2021 | NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant |
| 06/24/2021 | MINUTE entry before the Honorable Martha M. Pacold: Any defendant objecting to Plaintiff's entry of default and default judgment [37] must enter an appearance and file a written objection by 7/1/2021. If no objections are filed, the court will consider the motion unopposed. Plaintiff shall serve defendants with this notice. |
| 06/15/2021 | 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 37 |
| 06/15/2021 | MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 37 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 06/15/2021 | 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 |
| 05/27/2021 | NEW PARTIES: Roidismtor cycling Store, wu cycling Store, Bigmc Store, West Biking Bike-Accessories Store, FB mpv Camping Store, Golden Retriever Outdoor Store, Co-ol Car Boutique Store, KUBUG-Sports Store, Top-Sports Store, VOEAEL Factory Store, Movement Dropshipping Store, wentsen Official Store, Ricking Store, yushanxiankelasiwangsha, chenzhoushixuhuigongchengshebeiyouxiangongsi, chh2019, OUY LEI, jingxidianzishangwu, 22shopde, air_rocket, comebuybest, winbuyshop, yfoutlet and linlan123 added to case caption. |
| 05/25/2021 | PRELIMINARY INJUNCTION ORDER Signed by the Honorable Martha M. Pacold on May 25, 2021. Mailed notice |
| 05/25/2021 | ORDER: No defendant has filed an appearance to object to the entry of a preliminary injunction. For the same reasons the TRO was granted, a preliminary injunction is appropriate, and is unopposed. Plaintiff's motion for preliminary injunction [30] is granted. Enter Preliminary Injunction. The Clerk of Court is directed to unseal Schedule A to the Complaint [2], Exhibit 1 to the Complaint [3], Exhibit 2 to the Declaration of Jason Groppe [14], and the TRO [23]. The Clerk of Court is directed to issue a single original summons in the name of "The Partnerships and all other Defendants identified in the Complaint" that shall apply to all Defendants. Plaintiff's counsel is directed to add all defendants listed on Schedule A to the court's docket within three business days. Instructions on how to do so are located on the court's website at www.ilnd.uscourts.gov/instructions. Signed by the Honorable Martha M. Pacold on May 25, 2021. Mailed notice |
| 05/17/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff shall serve defendants with this notice. The court has taken the motion for preliminary injunction 30 under advisement and will consider the motion unopposed if no defendant appears and objects by 5/24/2021 |
| 05/14/2021 | SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 5/14/2021, answer due 6/4/2021. 附件： 1:Declaration of Thomas J. Juettner |
| 05/14/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction 30 |
| 05/14/2021 | MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction 30 附件： 1:Declaration of Justin R. Gaudio 2:Exhibit 1 |
| 05/14/2021 | MOTION by Plaintiff Oakley, Inc. for preliminary injunction |
| 05/10/2021 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" |
| 05/03/2021 | EXTENSION OF TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 5/3/2021: |
| 05/03/2021 | MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's ex parte motion to extend the Temporary Restraining Order to 5/19/2021 25 is granted. |
| 04/30/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order 25 |
| 04/30/2021 | MEMORANDUM by Oakley, Inc. in support of extension of time 25 附件： 1:Declaration of Justin R. Gaudio |
| 04/30/2021 | MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order |
| 04/26/2021 | SURETY BOND in the amount of $ 10,000.00 posted by Oakley, Inc. (Document not imaged) |
| 04/21/2021 | SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Martha M. Pacold on 4/21/2021: |
| 04/21/2021 | MINUTE entry before the Honorable Martha M. Pacold: For the reasons set forth in Plaintiff's motions, the supporting memoranda, and the temporary restraining order, plaintiff's motions for leave to file under seal 4, for temporary restraining order, including a temporary injunction, temporary asset restraint, and expedited discovery 10, and for electronic service of process 15 are granted. Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, were defendants to be informed of this proceeding before a TRO could issue, it is likely assets and websites would be redirected, thus defeating plaintiff's interests in identifying defendants, stopping defendants' infringing conduct, and obtaining an accounting. In addition, the evidence submitted by plaintiff shows a substantial likelihood of success on the merits (including evidence of active infringement and sales into Illinois), the harm to plaintiff is irreparable, and an injunction is in the public interest. 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. As other judges in this district have noted, there may be reason to question both the propriety of the joinder of all defendants in this one action and whether plaintiffs genuinely intend to pursue an accounting (which plaintiff assert as justification for an asset freeze), but at this preliminary stage, the court is persuaded that plaintiff has provided sufficient evidence of coordinated activity and the prospect of an accounting to justify the requested relief as to all defendants. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will revisit the asset freeze and joinder. Plaintiff shall deposit with the Clerk of Court ten thousand dollars ($10,000.00), either cash or surety bond, as security. |
| 04/21/2021 | MAILED Patent report to Patent Trademark Office, Alexandria VA 附件： 1:(List of Patents, Exhibit) |
| 04/20/2021 | Notice of Claims Involving Patents by Oakley, Inc. |
| 04/20/2021 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc. |
| 04/20/2021 | NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [15], MOTION by Plaintiff Oakley, Inc. for leave to file under seal[4], MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[10] |
| 04/20/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 04/20/2021 | MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[15] |
| 04/20/2021 | MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
| 04/20/2021 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 2 regarding declaration[13] |
| 04/20/2021 | DECLARATION of Jason Groppe regarding memorandum in support of motion[11] 附件： 1:Exhibit 1 |
| 04/20/2021 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[11] 附件： 1:Exhibit 1 2:Exhibit 2 |
| 04/20/2021 | MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[10] |
| 04/20/2021 | MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
| 04/19/2021 | CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. |
| 04/19/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner |
| 04/19/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen |
| 04/19/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler |
| 04/19/2021 | ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio |
| 04/19/2021 | CIVIL Cover Sheet |
| 04/19/2021 | MOTION by Plaintiff Oakley, Inc. for leave to file under seal |
| 04/19/2021 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding complaint[1] |
| 04/19/2021 | SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1] |
| 04/19/2021 | COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-18143404. 附件： 1:Exhibit 2 2:Exhibit 3 3:Exhibit 4 4:Exhibit 5 |
