|
[+]
1
|
2025-03-04 |
COMPLAINT filed by Nike, Inc.; Filing fee $ 405, receipt number BILNDC-23164325. |
|
|
Exhibit 1 |
|
2
|
2025-03-04 |
SEALED EXHIBIT by Plaintiff Nike, Inc. Schedule A regarding complaint[1] |
|
3
|
2025-03-04 |
MOTION by Plaintiff Nike, Inc. for leave to file under seal |
|
4
|
2025-03-04 |
CIVIL Cover Sheet |
|
5
|
2025-03-04 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nike, Inc. |
|
6
|
2025-03-04 |
Notice of Claims Involving Trademarks by Nike, Inc. |
|
7
|
2025-03-04 |
ATTORNEY Appearance for Plaintiff Nike, Inc. by Justin R. Gaudio |
|
8
|
2025-03-04 |
ATTORNEY Appearance for Plaintiff Nike, Inc. by Amy Crout Ziegler |
|
9
|
2025-03-04 |
ATTORNEY Appearance for Plaintiff Nike, Inc. by Marcella Deshonda Slay |
|
[+]
10
|
2025-03-04 |
ATTORNEY Appearance for Plaintiff Nike, Inc. by Berel Yonathan Lakovitsky |
|
|
CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
|
|
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. |
|
11
|
2025-03-05 |
MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to file under seal [3] is granted. Mailed notice. |
|
12
|
2025-03-05 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
|
13
|
2025-03-05 |
MAILED Trademark report to Patent Trademark Office, Alexandria VA |
|
14
|
2025-03-05 |
MOTION by Plaintiff Nike, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
|
15
|
2025-03-05 |
MEMORANDUM by Nike, Inc. in support of motion for temporary restraining order[14] |
|
16
|
2025-03-05 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15] |
|
[+]
17
|
2025-03-05 |
DECLARATION of Joe Pallett regarding memorandum in support of motion[15] |
|
|
Exhibit 1 |
|
18
|
2025-03-05 |
SEALED EXHIBIT by Plaintiff Nike, Inc. Exhibit 2 - Parts 1-2 regarding declaration[17] |
|
19
|
2025-03-05 |
MOTION by Plaintiff Nike, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
|
20
|
2025-03-05 |
MEMORANDUM by Nike, Inc. in support of motion for miscellaneous relief[19] |
|
21
|
2025-03-05 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20] |
|
22
|
2025-03-05 |
NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order[14], motion for miscellaneous relief[19] before Honorable Charles P. Kocoras on 3/11/2025 at 09:50 AM. |
|
23
|
2025-03-07 |
MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for entry of a temporary restraining order [14] and motion for electronic service of process [19] are granted. Enter temporary restraining order. Presentment hearing scheduled on 3/11/2025 is stricken. Mailed notice. |
|
24
|
2025-03-07 |
SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Charles P. Kocoras on 3/7/2025. Mailed notice |
|
25
|
2025-03-07 |
Registry Deposit Information Form by Nike, Inc. |
|
26
|
2025-03-07 |
SUMMONS Submitted (Court Participant) for defendant(s) The Partnerships and Unincorporated Associations Identified on Schedule A by Plaintiff Nike, Inc. |
|
27
|
2025-03-10 |
SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
|
28
|
2025-03-10 |
MINUTE entry before the Executive Committee: Case reassigned to the Honorable April M Perry for all further proceedings pursuant to Local Rule 28:2294(b).Mailed notice |
|
29
|
2025-03-13 |
MINUTE entry before the Honorable April M. Perry: Plaintiff is directed to the Court's standing order on its website directing the filing of the Court's Schedule A Template within 14 days. Upon review of the complaint, the Court sua sponte raises the propriety under Federal Rule of Civil Procedure 20(a)(2) of joining 75 defendants to this action. See, e.g, Estee Lauder Cosmetics Ltd. v. Partnerships & Unincorporated Associations Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). Plaintiff should reference this Court's opinion in Zaful v. Schedule A Defs., 24-cv-11111, Doc. 12 (N.D. Ill. Jan. 10, 2025), where the Court expressed its views on joinder in Schedule A cases. By 3/27/2025, the plaintiff must file a supplemental memorandum addressing the propriety of joinder. In the alternative, Plaintiff has leave to file an amended complaint by 3/27/2025 with a smaller subset of defendants along with a memorandum explaining why each defendant is properly joined to all of the others. Mailed notice. (jcc,) |
|
30
|
2025-03-13 |
SURETY BOND in the amount of $ 10,000.00 posted by Nike, Inc. |
|
[+]
31
|
2025-03-17 |
MOTION by Plaintiff Nike, Inc. for preliminary injunction |
|
|
(Exhibit A) |
|
[+]
32
|
2025-03-17 |
MEMORANDUM by Nike, Inc. in support of motion for preliminary injunction 31 |
|
|
(Declaration of Marcella D. Slay) |
|
[+]
33
|
2025-03-17 |
NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for preliminary injunction 31 before Honorable April M. Perry on 3/20/2025 at 10:00 AM. |
|
|
(Exhibit A) |
|
34
|
2025-03-17 |
MOTION by Plaintiff Nike, Inc. for reconsideration regarding set deadlines, 29 |
|
[+]
35
|
2025-03-17 |
NOTICE of Motion by Justin R. Gaudio for presentment of motion for reconsideration 34 before Honorable April M. Perry on 3/20/2025 at 10:00 AM. |
|
|
(Exhibit A) |
|
[+]
36
|
2025-03-17 |
SUMMONS Returned Executed by Nike, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 3/17/2025, answer due 4/7/2025. |
|
|
Declaration of Berel Y. Lakovitsky |
|
|
(Exhibit A) |
|
37
|
2025-03-20 |
MINUTE entry before the Honorable April M. Perry: Motion hearing held 3/20/2025. Plaintiff's motion to reconsider the briefing on joinder [34] is granted, for the reasons discussed in Court. The Court strikes the request for briefing on joinder by 3/27/2025. Mailed notice. (jcc,) |
|
38
|
2025-03-20 |
MINUTE entry before the Honorable April M. Perry: Plaintiff's motion for a preliminary injunction [31] is taken under advisement. Plaintiff's motion for entry of a preliminary injunction will be heard at a hearing on 3/27/2025, at 10:00 a.m. in person in Courtroom 1725. The motion may be considered unopposed as to any defendant who does not file an objection by 3/26/2025 or appear at the hearing. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. The Court extends the temporary restraining order until the hearing on 3/27/2025. Enter order. Mailed notice. (jcc,) |
|
39
|
2025-03-20 |
SEALED EXTENSION of Temporary Restraining Order. Signed by the Honorable April M. Perry on 3/20/2025. (jcc,) |
|
[+]
40
|
2025-03-20 |
CERTIFICATE of Service by Plaintiff Nike, Inc. regarding order on motion for preliminary injunction, set motion and R&R deadlines/hearings, set deadlines, [38] |
|
|
Exhibit A |
|
41
|
2025-03-27 |
MINUTE entry before the Honorable April M. Perry: Hearing held on 3/27/2025. On the grounds set forth in the preliminary injunction motion, and with no objections raised by any Defendant, Plaintiff's motion for an entry of a preliminary injunction 31 is granted. The Clerk is directed to unseal this case. Plaintiff is ordered to add all remaining defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the Court's website at: https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. Enter order. Mailed notice. (jcc,) |
|
[+]
42
|
2025-03-27 |
PRELIMINARY INJUNCTION ORDER. Signed by the Honorable April M. Perry on 3/27/2025. Mailed notice. (jcc,) |
|
|
NEW PARTIES: A Sirius, A Urban Chic, AAKDHCVBBL, AAmenswear, Achooouya, ailamiDirect, Allure Obscura Mystique, Antiqua, ArtTrend Tee, Bellaforma, BestLives, big boy costumes, BIGCHUAN, BINGESHANGMAO, Black spider, Blindfolded bear, Blush Bone, BOLD BASICS, BORYLIN SHIRT, Boutique Fashion Shop, Brightlook, Brother home Hi, BSOPHIAXFC, BXSNEW, CGYTX, CHJLarge Size, Classy Closets, Clicking, Conspicuous shoes, Cool Lab, Cool Man You Know, Cozying, Crying crocodile, CSXC Gifts, DAMALINJUNJIE, Darinka Clothing, Daytime Chic, destiny z, DIZANG RRR, Dressyy, DTF print, eBollo, Elegant Living Essentials, Essento ke, Evolensf, EXPRESS SHOP ONE, Fashimontr, Fashion Harbor PH, Fashion mens ClothingHD, Fashion PT shirt, Feifan design, FemInk, Fox family number, Fresh Fits, GANMIAa, GANMIAC, GANMIAD, GANMIAs, GANMIAT, GANMIAY, GG supe, GJLLPIYT, Golden bamboo, Goodong, GZ ChenYi Clothing, H whale, Haikou mens wear, Haina space, Haloxylon tree shelf local, Hamgar Chan Women clothing, Handsome shopping, Hanner JY shop, happy every day shopping, HARMONIA and He Da Da Home clothing added to case caption. |
|
43
|
2025-04-03 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
44
|
2025-04-10 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
45
|
2025-04-17 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant |
|
46
|
2025-04-24 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
47
|
2025-05-08 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendant |
|
48
|
2025-05-15 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
49
|
2025-05-22 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
50
|
2025-05-29 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
51
|
2025-06-05 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
[+]
52
|
2025-06-11 |
MOTION by Plaintiff Nike, Inc. for entry of default, MOTION by Plaintiff Nike, Inc. for default judgment as to all Defendants |
|
|
Exhibit A |
|
[+]
53
|
2025-06-11 |
MEMORANDUM by Nike, Inc. in support of motion for entry of default, motion for default judgment[52] |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
[+]
54
|
2025-06-11 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[53] |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
[+]
55
|
2025-06-11 |
NOTICE of Motion by Marcella Deshonda Slay for presentment of motion for entry of default, motion for default judgment[52] before Honorable April M. Perry on 6/17/2025 at 10:00 AM. |
|
|
Exhibit A |
|
56
|
2025-06-13 |
MINUTE entry before the Honorable April M. Perry: The Court orders that the parties appear for a hearing on 7/8/2025 at 10 a.m. in courtroom 1725 to address Plaintiff's motion for default judgement 52. Based on its review of Plaintiff's motion for default judgement, the Court has determined that it requires supplemental briefing and materials from Plaintiff prior to the hearing supporting its request for $10,000 in statutory damages per defaulting 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."). Based on the Court's review of the record, the remaining defendants sell different types of products at varying volumes (insofar as volume of sales can be inferred from number of products offered). Based on this record, an across-the board award of $10,000 per defaulting defendant is excessive and not particularized to any individual defendant's conduct. Furthermore, Plaintiff has only submitted exhibits for 21 out of the 23 remaining defendants (no exhibits are included for "Blindfolded bear" and "Crying crocodile"). Therefore, by 7/1/2025, Plaintiff shall file an updated exhibit list and a supplemental memorandum in support of its motion for default judgment that includes an individualized damages assessment on a defendant-by-defendant basis. Specifically, Plaintiff should provide a chart that lists all of the remaining defendants and the amount of statutory damages sought against each individual defendant, and which provides a summary for each defendant of the information supporting their particular statutory damages amount, including the size and scope of the defendant's operations, the price range of the counterfeited products sold, 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 7/8/2025, Plaintiff's counsel should be prepared to address the statutory damages amount sought and the evidence showing that the award sought is reasonable for each defendant. Plaintiff must serve a copy of this minute order upon all affected defendants within one business day of its entry on the docket and promptly file proof of that service. The Court strikes the hearing date on 6/17/2025. Mailed notice. (jcc,) |
|
[+]
57
|
2025-06-13 |
CERTIFICATE of Service by Plaintiff Nike, Inc. regarding set motion and R&R deadlines/hearings, set deadlines, terminate hearings, 56 |
|
|
(Exhibit A) |
|
58
|
2025-06-19 |
NOTICE of Voluntary Dismissal by Nike, Inc. as to certain defendants |
|
[+]
59
|
2025-07-01 |
RESPONSE by Plaintiff Nike, Inc. to set motion and R&R deadlines/hearings, set deadlines, terminate hearings, 56 |
|
|
Exhibit 1 |
|
|
Exhibit 2 |
|
|
(Exhibit A) |
|
60
|
2025-07-07 |
MINUTE entry before the Honorable April M. Perry: The 7/8/2025 motion hearing shall be heard telephonically at 10 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 650-479-3207, Access Code: 2307 684 8339. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jcc,) |
|
61
|
2025-07-08 |
MINUTE entry before the Honorable April M. Perry: Motion hearing held telephonically on 7/8/2025. No one appeared for any of the remaining Defendants. Plaintiff's motion for default judgment [52] is granted for the reasons set forth in Plaintiff's motion and consistent with the attached order. Enter order. Mailed notice. (jcc,) |
|
62
|
2025-07-08 |
FINAL Default Judgment Order. Signed by the Honorable April M. Perry on 7/8/2025. Civil case terminated. Mailed notice. (jcc,) |
