NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, R. 41, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice and with leave to move for reinstatement by 06/21/2021. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Status hearing of 01/15/2021 is vacated. Civil case terminated. Emailed notice

NOTICE of Voluntary Dismissal by Oakley, Inc. as to certain defendant

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 39, the parties are engaged in settlement negotiations. The tracking status hearing of 12/18/2020 is reset to 01/15/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). If there is no settlement in principle by 01/08/2021, then the Plaintiff shall file a motion for default judgment (or for an extension of time to do so if advanced settlement negotiations warrant it). Emailed notice

STATUS Report by Oakley, Inc.

NEW PARTIES: orge888 added to case caption.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 11/04/2020. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction [34] is granted, because the same circumstances that justified the entry of the TRO still apply. The TRO is converted to a preliminary injunction. The tracking status hearing of 11/06/2020 is reset to 12/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a status report by 12/11/2020. But if the Defendant does not timely answer on 11/25/2020, then the Defendant shall be deemed in default, and instead the Plaintiff shall file a motion for default judgment on 12/11/2020. Emailed notice

NOTICE of Motion by Justin R. Gaudio for presentment of motion for preliminary injunction[34] before Honorable Edmond E. Chang on 11/6/2020 at 08:30 AM.

MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[34]

附件：

1:Declaration of Justin R. Gaudio
2:Exhibit 1

MOTION by Plaintiff Oakley, Inc. for preliminary injunction

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 11/4/2020, answer due 11/25/2020.

附件：

1:Declaration of Thomas J. Juettner

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

SURETY BOND in the amount of $ 1,000 posted by Oakley, Inc. (DOCUMENT NOT SCANNED)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO [28] is granted through 11/09/2020. By 11/04/2020, the Plaintiff shall file a motion for preliminary injunction or for other appropriate relief. The tracking status hearing of 10/23/2020 is reset to 11/06/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

NOTICE of Motion by Justin R. Gaudio for presentment of extension of time[28] before Honorable Edmond E. Chang on 10/23/2020 at 08:30 AM.

MEMORANDUM by Oakley, Inc. in support of extension of time[28]

附件：

1:Declaration of Justin R. Gaudio

MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/12/2020. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/12/2020.

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [14] for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery is granted. An order will be entered under seal separately. Having said that, the Court expresses two concerns. First, the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, recovery of the Defendant's profits under 35 U.S.C. 289, which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of the Plaintiff being able to freeze the assets without advance warning to Defendant, who likely would seek to transfer the money elsewhere. Second, this is a design-patent case, not a trademark case, and the Court notes some skepticism that the ornamental (rather than functional) features of the design patents are definitively infringed. Specifically, in the Defendant's design, there is a conspicuously large oval cut-out where the lens meets the side frame; that large oval cut-out is not in the Plaintiff's design patents. So adversarial presentation might very well undercut the infringement contention; and at the least, even without adversarial presentation, this might undercut any sizeable damages claim. In any event, by 10/19/2020, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendant and omitting Schedule A). The Plaintiff's motion [19] for electronic service of process is granted. Status hearing set for 10/23/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, because the TRO expires on 10/26/2020, the Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) on 10/20/2020. Lastly, the Court notes that, in the amended complaint, at R. 11 at 6 n.2, it appears that the senator's first name is misspelled when compared to the spelling on the senator's official website. Emailed notice

Notice of Claims Involving Patents by Oakley, Inc.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Oakley, Inc.

NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery[14], MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) [19]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[20]

附件：

1:Exhibit 1
2:Exhibit 2

MEMORANDUM by Oakley, Inc. in support of motion for miscellaneous relief[19]

MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 4 regarding declaration[17]

DECLARATION of Jason Groppe regarding memorandum in support of motion[15]

附件：

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

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[15]

附件：

1:Exhibit 1
2:Exhibit 2

MEMORANDUM by Oakley, Inc. in support of motion for temporary restraining order[14]

MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 regarding amended complaint, [11]

SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding amended complaint, [11]

AMENDED complaint by Oakley, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A"

附件：

1:Exhibit 2
2:Exhibit 3
3:Exhibit 4
4:Exhibit 5
5:Exhibit 6
6:Exhibit 7

MINUTE entry before the Honorable Edmond E. Chang: The motion [4] to file Schedule A under seal is granted for now. This case was filed against 69 defendants for trademark infringement. But joinder as to all of those defendants might not be proper when measured against the standard set in Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182, 188-89 (N.D. Ill. 2020). The Plaintiff shall file an amended complaint by 10/15/2020 to comply with the opinion or else file a memorandum explaining why joinder is proper. To track the filing of the amended complaint, a status hearing is set for 10/23/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment.

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Thomas Joseph Juettner

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Oakley, Inc. by Justin R. Gaudio

CIVIL Cover Sheet

MOTION by Plaintiff Oakley, Inc. for leave to file under seal

SEALED EXHIBIT by Plaintiff Oakley, Inc. Exhibit 1 - Parts 1-3 regarding complaint 1

附件：

1:Exhibit 1-1
2:Exhibit 1-2
3:Exhibit 1-3

SEALED EXHIBIT by Plaintiff Oakley, Inc. Schedule A regarding complaint[1]

COMPLAINT filed by Oakley, Inc.; Filing fee $ 400, receipt number 0752-17514500.

附件：

1:Exhibit 2
2:Exhibit 3
3:Exhibit 4
4:Exhibit 5
5:Exhibit 6
6:Exhibit 7