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[+]
1
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2025-05-30 |
COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-23556498. |
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(Exhibit 1) |
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2
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2025-05-30 |
EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint 1 Modified on 7/10/2025. |
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3
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2025-05-30 |
MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal |
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4
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2025-05-30 |
CIVIL Cover Sheet |
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5
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2025-05-30 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. |
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6
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2025-05-30 |
Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. |
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7
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2025-05-30 |
ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio |
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8
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2025-05-30 |
ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler |
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9
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2025-05-30 |
ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Berel Yonathan Lakovitsky |
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[+]
10
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2025-05-30 |
ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner |
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CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). |
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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. |
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11
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2025-05-30 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion for leave to file under seal 3 is granted. Mailed notice. |
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12
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2025-06-02 |
MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery |
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13
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2025-06-02 |
MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for temporary restraining order 12 |
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14
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2025-06-02 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13 |
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15
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2025-06-02 |
DECLARATION of Jason Groppe regarding memorandum in support of motion 13 |
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(Exhibit 1) |
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16
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2025-06-02 |
EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 2 - Parts 1-2 regarding declaration 15 Modified on 7/10/2025. |
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Exhibit 2-1 |
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(Exhibit 2-2) |
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17
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2025-06-02 |
MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) |
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18
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2025-06-02 |
MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for miscellaneous relief 17 |
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19
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2025-06-02 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18 |
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20
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2025-06-02 |
MINUTE entry before the Honorable Thomas M. Durkin: The Court requires that any motion for a temporary restraining order and/or asset freeze is accompanied by a declaration from an attorney of record that provides the following information. First, to demonstrate the immediate harm necessary to grant the drastic remedy of an ex parte temporary restraining order, the declaration must confirm that each named defendant has sold or offered to sell the allegedly infringing product(s) within the last two months and describe the evidence supporting this confirmation. Generally, evidence that a defendant has sold or offered to sell the infringing products within the last two months may include: (1) screenshots of the listings collected within the last two months; (2) screenshots older than two months with an attestation that the listings reflected in the screenshots have been checked within the last two months and were active; or (3) evidence of a purchase by a customer in Illinois within the last two months. Second, as relevant to personal jurisdiction, without which any temporary restraining order or asset freeze would be invalid, the declaration must confirm that each named defendant sold at least one allegedly infringing product to a customer in Illinois and describe the evidence supporting this confirmation. Here, "sold" means that the defendant accepted an order and payment for an allegedly infringing product to be shipped to Illinois. Third, to assure that Court that the rights of defendants who have not yet been served are being appropriately protected, the declaration must identify the case number(s) and assigned judge(s) for any pending case(s) brought by the plaintiff(s) against any of the named defendants, noting whether the intellectual property at issue was the same or different than in this case. If it is the same, the declaration should describe the disposition of the other case. The Court will address any motion for a temporary restraining order only after receipt of the described declaration, which can be filed contemporaneously with the motion. Mailed notice. |
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21
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2025-06-03 |
MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 12 is granted. Motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 17 is granted. Mailed notice. |
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22
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2025-06-03 |
Temporary Restraining Order. Signed by the Honorable Thomas M. Durkin on 6/3/2025. Mailed notice. Modified on 7/10/2025. |
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23
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2025-06-03 |
Registry Deposit Information Form by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. |
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25
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2025-06-03 |
SUMMONS Issued (Court Participant) as to Defendant The Partnerships and all other Defendants identified in the Complaint |
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26
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2025-06-05 |
Surety BOND in the amount of $ 64,000 posted by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. (Document not Imaged) (Received via mail at the Clerk's Office on 6/5/2025) |
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27
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2025-06-12 |
MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for extension of time of Temporary Restraining Order |
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28
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2025-06-12 |
MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of extension of time 27 |
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29
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2025-06-12 |
DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion 28 |
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30
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2025-06-12 |
MINUTE entry before the Honorable Thomas M. Durkin: Ex parte motion to extend the Temporary Restraining Order 27 is granted. The Temporary Restraining Order entered on 6/3/2025 is extended by a period of fourteen (14) days until 7/1/2025. Mailed notice. |
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31
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2025-06-20 |
MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction |
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(Exhibit A) |
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32
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2025-06-20 |
MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction 31 |
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33
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2025-06-20 |
DECLARATION of Berel Y. Lakovitsky regarding memorandum in support of motion 32 |
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34
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2025-06-20 |
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing on the motion for preliminary injunction 31 is set for 7/1/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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. |
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35
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2025-06-20 |
SUMMONS Returned Executed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/20/2025, answer due 7/11/2025. |
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Declaration of Thomas J. Juettner |
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(Exhibit A) |
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36
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2025-06-24 |
MINUTE entry before the Honorable Thomas M. Durkin: The telephone hearing on the motion for preliminary injunction 31 set for 7/1/2025 is reset for 6/30/2025 at 9:15 a.m. Mailed notice. |
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37
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2025-06-27 |
NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to certain defendants |
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38
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2025-06-30 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/30/2025. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 31 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 2 to the Declaration of Jason Groppe 16, and the TRO 22. Plaintiff's counsel is ordered to add ALL Defendant names listed in 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_Instructions.pdf. A telephone status hearing is set for 7/30/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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. |
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39
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2025-06-30 |
PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 6/30/2025. Mailed notice. |
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NEW PARTIES: Alo-Outlet, alporte, blagmu, ctymm-1233, eaai91-82, ekya-3298, fozome, gloamfang, GT-SUP MALL, joemata311, liria-97, mcintrye_99, moezz88, negfttl, shandrcamach_0, t8b2882, yiwuhuanyut-0, zjhui0115, 6.34418E+14, A FASHION BC, AlllllllllIIIIIIIIIIIIIIlllllllllllllllIIIIIIIIII, AuraTeess, BCGLM, bxueone, CBCUST CAMTOM FASHION, CHOCHOC, CKMMT, Clothes tshirt B, CQYGYLY, dear love glasses, DQAZWQMD, EcoPrintWear, EIC FASHION, Fashion Hat Factory A local, FASHION MENS BA, Fashionable Tshirt, FF GO, FFVABMOC, FIC FASHION, FIOKRYHM, FPXHBDOV, Fresh Prints, GIC FASHION, Guanbigsell, HAN HAIHOGG YUN, hangediy, HFFDSS, HLKWTGA, HWARM, HYXASDFF, HYXDXUBMM, JHSS shoppe, JNTXY, Keindo, LINWENXIU, LLLJJJKKK, Macho Wardrobe, Maveron, mfdealhf, Milan Court Studio, mnht, NAZHAYA, neweggs, Practice perfect, PULSE TRIBE, QFCX, QIQIYZl, REALMEN local, Starry Mens Clothing, Steady stream, TeeTrail, TrendHaven Tees, Vibe Shift, Wave Picks W, WES Fashion, WXXFDCNN, XCMPSD, XI LLC, ZGVN, zongweitemu and ZXMNSDO added to case caption. |
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40
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2025-07-15 |
NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to Certain Defendants |
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41
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2025-07-15 |
MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants |
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(Exhibit A) |
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42
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2025-07-15 |
MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for entry of default, motion for default judgment, 41 |
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Exhibit 1 |
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Exhibit 2-1 |
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(Exhibit 2-2) |
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[+]
43
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2025-07-15 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion, 42 |
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(Exhibit 1) |
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44
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2025-07-15 |
MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 7/30/2025 at 9:15 a.m. is converted to a telephone hearing on the motion for entry of default and default judgment 41. Mailed notice. |
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45
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2025-07-28 |
ATTORNEY Appearance for Defendants CHOCHOC, CKMMT, TrendHaven Tees, Vibe Shift by Adam Edward Urbanczyk |
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46
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2025-07-29 |
MOTION by Defendants CHOCHOC, CKMMT, TrendHaven Tees, Vibe Shift for extension of time |
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47
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2025-07-29 |
NOTICE of Voluntary Dismissal by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. as to Certain Defendants |
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48
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2025-07-30 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/30/2025. Mr. Urbanczyk was present on behalf of certain defendants. No other defendants appeared. For the reasons stated on the record, the motion for entry of default and default judgment 41 is granted as to non-appearing defendants. Plaintiff's counsel is to submit an updated default judgment order. Defendants' motion for extension of time 46 is granted over plaintiff's objection. Defendants CHOCHOC, CKMMT, TrendHaven Tees, Vibe Shift are to respond to Plaintiff's Complaint by 8/19/2025. A telephone status hearing is set for 8/28/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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. |
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49
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2025-07-30 |
MINUTE entry before the Honorable Thomas M. Durkin: The sixty four thousand dollar ($64,000) surety bond posted by Plaintiffs is hereby released to Plaintiffs 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 Plaintiffs or their counsel. Mailed notice. |
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50
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2025-07-30 |
DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 7/30/2025. Mailed notice. |
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51
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2025-08-25 |
MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to Defendants CHOCCHOC, CKMMT, VIBE SHIFT, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to Defendants CHOCCHOC, CKMMT, VIBE SHIFT |
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(Exhibit A) |
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52
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2025-08-25 |
MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for entry of default, motion for default judgment, 51 |
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(Exhibit 1) |
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[+]
53
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2025-08-25 |
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 52 |
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(Exhibit 1) |
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54
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2025-08-26 |
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for entry of default and default judgment 51 is set for 8/28/2025 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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. |
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55
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2025-08-28 |
ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin Tyler Joseph |
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56
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2025-08-28 |
MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference held on 8/28/2025. Mr. Urbanczyk was present on behalf of certain defendants. For the reasons stated on the record, the motion for entry of default and default judgment 51 is granted. By agreement of plaintiff and counsel for appearing defendants, this case is dismissed without prejudice, with leave to reinstate in 90 days. If a motion to reinstate is not filed within 90 days, the dismissal will automatically convert to a dismissal with prejudice without further action from the court. Civil case terminated. Mailed notice. |
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57
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2025-08-28 |
DEFAULT Final Judgment Order. Signed by the Honorable Thomas M. Durkin on 8/28/2025. Mailed notice. |
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58
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2025-08-29 |
EMAILED Trademark report with certified copy of minute order dated 8/28/25 to Patent Trademark Office, Alexandria VA |
