NOTICE of withdrawal of surety bond 30 by John Summerfield of Greer, Burns & Crain, Ltd

ENTERED JUDGMENT Signed by the courtroom deputy on 06/25/2021. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 06/25/2021. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: In light of the default, the Plaintiff's motion for default judgment 38 is granted in the amount of $378, as explained in the judgment order. A separate AO-450 judgment shall be entered. Permanent injunction entered. The tracking status hearing of 07/09/2021 is vacated. Civil case terminated. Emailed notice

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 38

MEMORANDUM by Oakley, Inc. in support of motion for entry of default, motion for default judgment 38

附件：

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

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

NEW PARTIES: Barry invincible Store added to case caption.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/03/2021. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for preliminary injunction [32] is granted, in light of the circumstances that justified the entry of the TRO. With the answer deadline of 06/22/2021, the tracking status hearing of 06/04/2021 is reset to 07/09/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a joint initial status report by 06/26/2021. If the Defendant does not answer on time, then the Defendant is deemed to be in default after the answer deadline. The Plaintiff shall file a motion for default judgment, if appropriate, by 06/26/2021. The Clerk shall unseal all the filings. Emailed notice

SUMMONS Returned Executed by Oakley, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 6/1/2021, answer due 6/22/2021.

附件：

1:Declaration of Thomas J. Juettner

NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for preliminary injunction [32]

MEMORANDUM by Oakley, Inc. in support of motion for preliminary injunction[32]

附件：

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

MOTION by Plaintiff Oakley, Inc. for preliminary injunction

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

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's extension motion on the TRO 27 is granted through 06/07/2021, given the continued applicability of the circumstances that justified the issuance of the initial TRO. The tracking status hearing of 05/28/2021 is reset to 06/04/2021 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 preliminary injunction motion (if appropriate) by 06/01/2021. Emailed notice

SURETY BOND in the amount of $ 10,000.00 posted by Oakley, Inc. (Document not imaged)

NOTICE by Oakley, Inc. re MOTION by Plaintiff Oakley, Inc. for extension of time of Temporary Restraining Order 27

MEMORANDUM by Oakley, Inc. in support of extension of time 27

附件：

1:Declaration of Justin R. Gaudio

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

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/10/2021. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 14 for temporary restraining order and other relief is granted in large part. An order will be entered under seal separately. Although 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 for design-patent infringement, namely, disgorgement of 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 Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. Having said that, the Court increases the bond amount to $10,000 from the proposed $1,000. The merits of the design-patent claim is not clear cut: the patent claims a tear-drop shape on the sunglass arm where the arm meets the lens, but the corresponding shape on Defendant's version is symmetrical rather than a tear drop. Also, the shape of the opening farther down the arm does not appear to match the shape on the patent. To account for the diminished strength on the merits, the bond amount is set higher. The Plaintiff's motion 4 for leave to file under seal is granted in light of the asset-restraint goal. By 05/17/2021, The Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion 19 for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 05/28/2021 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 05/24/2021. 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 leave to file under seal 4, MOTION by Plaintiff Oakley, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 19, MOTION by Plaintiff Oakley, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 14

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 2 regarding declaration[17]

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

附件：

1:Exhibit 1

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

MAILED patent report to Patent Trademark Office, Alexandria VA

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

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment.

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 regarding complaint[1]

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

COMPLAINT filed by Oakley, Inc.; Filing fee $ 402, receipt number 0752-18201656.

附件：

1:Exhibit 2
2:Exhibit 3
3:Exhibit 4
4:Exhibit 5