NOTICE of withdrawal of Surety Bond 22 by Greer, Burns, & Crain, Ltd.

FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/30/2023: The ten-thousand-dollar ($10,000) surety bond posted by Harley-Davidson Motor Company, Inc. is hereby released to Harley-Davidson Motor Company, Inc. or its 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 Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Mailed notice

ORDER signed by the Honorable John F. Kness on 6/30/2023: Plaintiff's motion for entry of default judgment 34 is granted. Plaintiff's motion for a preliminary injunction 23 is dismissed as moot. Enter Final Judgment Order. Civil case terminated. Mailed notice

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 35

附件：

1:(Exhibit 1)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for default judgment, motion for entry of default, 34

附件：

1:(Exhibit 1)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for default judgment as to all Defendants, MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for entry of default as to all Defendants

附件：

1:(Exhibit A)

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/26/2023, answer due 6/16/2023.

附件：

1:Declaration of Berel Y. Lakovitsky
2:(Exhibit A)

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendants

CERTIFICATE of Service by Plaintiff Harley-Davidson Motor Company, Inc. regarding order on motion for preliminary injunction, terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set motion and R&R deadlines/hearings, [27]

MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion [23] for entry of a preliminary injunction. In connection with that motion, Plaintiff must serve all remaining Defendants with the following statement: "The Court has taken the motion for a preliminary injunction under advisement and will consider the motion unopposed if no Defendant appears and objects by 5/22/2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiff must serve this minute order upon all remaining Defendants within one business day of its entry on the docket and must promptly file proof of that service. Mailed notice

NOTICE of Voluntary Dismissal by Harley-Davidson Motor Company, Inc. as to certain defendant

SUMMONS Returned Executed by Harley-Davidson Motor Company, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 5/2/2023, answer due 5/23/2023.

附件：

1:Declaration of Berel Y. Lakovitsky
2:(Exhibit A)

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for preliminary injunction 23

附件：

1:Declaration of Marcella D. Slay
2:(Exhibit 1)

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for preliminary injunction

附件：

1:(Exhibit A)

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A

SURETY BOND in the amount of $10,000.00 posted by Harley-Davidson Motor Company, Inc. (Document not scanned)

SEALED TEMPORARY RESTRAINING ORDER signed by the Honorable John F. Kness on 4/21/2023.

MINUTE entry before the Honorable John F. Kness: Plaintiff's motion for leave to file under seal 3, ex parte motion for a temporary restraining order 11, and motion for electronic service of process 16 are granted. Plaintiff's submissions establish that, were Defendants to learn of these proceedings before the execution of Plaintiff's requested preliminary injunctive relief, there is a significant risk that Defendants could destroy relevant documentary evidence and hide or transfer assets beyond the reach of the Court. Accordingly, subject to unsealing at an appropriate time, Plaintiff may for now file under seal the documents identified in the motion to seal and appearing at docket entries 2 and 15. The accompanying Temporary Restraining Order shall also be placed under seal. In addition, for the purpose of the motions cited above, Plaintiff's filings support proceeding (for the time being) on an ex parte basis. Specifically, and as noted above, 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 likelihood of success on the merits (including evidence of active infringement and sales into Illinois), that the harm to Plaintiff is irreparable, and that an injunction is in the public interest. An injunction serves the public interest because of the consumer confusion caused by counterfeit goods, and there is no countervailing harm to defendants from an order directing them to stop infringement. 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 Plaintiff will pursue an accounting (which Plaintiff asserts 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. Enter Sealed Temporary Restraining Order. Mailed notice

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

附件：

1:Exhibit 1
2:Exhibit 2

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for miscellaneous relief[16]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Exhibit 3 - Parts 1 - 3 regarding declaration[14]

DECLARATION of Adraea M. Brown regarding memorandum in support of motion[12]

附件：

1:Exhibit 1
2:Exhibit 2

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]

附件：

1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4

MEMORANDUM by Harley-Davidson Motor Company, Inc. in support of motion for temporary restraining order[11]

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Berel Yonathan Lakovitsky

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.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Marcella Deshonda Slay

CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment.

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Harley-Davidson Motor Company, Inc. by Justin R. Gaudio

Notice of Claims Involving Trademarks by Harley-Davidson Motor Company, Inc.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Harley-Davidson Motor Company, Inc.

CIVIL Cover Sheet

MOTION by Plaintiff Harley-Davidson Motor Company, Inc. for leave to file under seal

SEALED EXHIBIT by Plaintiff Harley-Davidson Motor Company, Inc. Schedule A regarding complaint[1]

COMPLAINT filed by Harley-Davidson Motor Company, Inc.; Filing fee $ 402, receipt number AILNDC-20383769.

附件：

1:Exhibit 1
2:Exhibit 2
3:Exhibit 3
4:Exhibit 4