Deckers Outdoor Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A

案件号:2024-cv-06112起诉日期:2024/07/19原告:Deckers Outdoor Corporation

案件进展

39 条记录
#44

Order

#43

Order on Motion for Miscellaneous Relief

#41

Miscellaneous Relief

#0

NEW PARTIES: zichen_seller added to case caption. (Gaudio, Justin)

#37

MINUTE entry before the Honorable LaShonda A. Hunt: Preliminary injunctive relief has been entered against the remaining defendants who have not appeared in this case 36 . Summons were executed on 8/5/24, and Defendants' responses to the complaint are due by 8/26/24 32 . By 9/13/24, Plaintiff is ordered to file any motions for entry of default pursuant to Federal Rule of Civil Procedure 55(a). If there are any remaining defendants against whom default and default judgment are not being sought, Plaintiff is ordered to file by the same date a status report identifying each defendant against whom this case is proceeding and state whether the parties anticipate a settlement or further litigation. Emailed notice. (cdh, ) (Entered: 08/15/2024)

法院作出缺席判决
#36

PRELIMINARY INJUNCTION ORDER Signed by the Honorable LaShonda A. Hunt on 8/15/2024. Emailed notice. (cdh, ) (Entered: 08/15/2024)

法院批准初步禁令
#35

MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic motion hearing held. Before the Court is Plaintiff's motion for a preliminary injunction 28, which the Court now considers unopposed because no Defendant filed a notice of objection by the 8/14/24 deadline or appeared at the hearing. Plaintiff's filings establish that it has acted expeditiously to protect its interests and that there remains a significant risk that Defendants will transfer relevant assets beyond the Court's reach. For these reasons, as well as the reasons provided in the whole of Plaintiff's filings and as stated by the Court on the record and in connection with entry of the TRO 25, 26, the Court is persuaded that Plaintiff has satisfied the requirements for a preliminary injunction. In addition, the Court finds that the balance of harms favors Plaintiff and that a preliminary injunction serves the public interest by, among other things, protecting consumers from the marketing of counterfeit goods. Plaintiff has also certified and established 32 that it provided electronic notice to defendants of the pendency of this case and provided a link to a website containing relevant case documents, but no objection to the motion for a preliminary injunction has been filed on behalf of any defendant. Enter Preliminary Injunction order. Plaintiff's counsel is directed to ensure that all defendants listed on Schedule A to the Amended Complaint 13 are added to the court's docket within five business days. The Clerk is requested to unseal any previously sealed documents. Emailed notice. (cdh, ) (Entered: 08/15/2024)

原告提交PI申请
#34

CERTIFICATE of Service by Plaintiff Deckers Outdoor Corporation regarding order on motion for preliminary injunction,,,,,, terminate hearings,,,,,, set motion and R&R deadlines/hearings,,,,, 33 (Attachments: # 1 Exhibit A)(Juettner, Thomas) (Entered: 08/06/2024)

法院批准初步禁令
#33

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion for Entry of a Preliminary Injunction 28 is taken under advisement. A telephonic motion hearing is set for 8/15/24 at 10:00AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. The motion may be considered unopposed as to any Defendant who does not file an objection by 8/14/24 and/or appear at the telephonic hearing. For the reasons stated in the Court's initial order entering the TRO, the TRO is extended to and including the date the Court adjudicates the motion for a preliminary injunction. See H-D Mich., LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 843-45 (7th Cir. 2012). Because this extension exceeds the maximum duration for a TRO under Fed. R. Civ. P. 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. 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. No appearance is necessary on 8/8/24. Emailed notice. (cdh, ) (Entered: 08/06/2024)

原告提交PI申请
#32

SUMMONS Returned Executed by Deckers Outdoor Corporation as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/5/2024, answer due 8/26/2024. (Attachments: # 1 Declaration of Thomas J. Juettner, # 2 Exhibit A)(Juettner, Thomas) (Entered: 08/05/2024)

#31

NOTICE of Motion by Justin Tyler Joseph for presentment of motion for preliminary injunction 28 before Honorable LaShonda A. Hunt on 8/8/2024 at 10:00 AM. (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 08/05/2024)

法院批准初步禁令
#30

DECLARATION of Justin T. Joseph regarding memorandum in support of motion 29 (Attachments: # 1 Exhibit 1)(Joseph, Justin) (Entered: 08/05/2024)

#29

MEMORANDUM by Deckers Outdoor Corporation in support of motion for preliminary injunction 28 (Joseph, Justin) (Entered: 08/05/2024)

法院批准初步禁令
#28

MOTION by Plaintiff Deckers Outdoor Corporation for preliminary injunction (Attachments: # 1 Exhibit A)(Joseph, Justin) (Entered: 08/05/2024)

法院批准初步禁令
#27

Registry Deposit Information Form by Deckers Outdoor Corporation (Joseph, Justin) (Entered: 07/29/2024)

#26

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable LaShonda A. Hunt on 7/26/2024. Emailed notice. (cdh, ) (Entered: 07/26/2024)

法院批准TRO
#25

MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's motion to seal 4, ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 16, and motion for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 21 are granted. Schedule A attached to the Complaint 2 and Amended Complaint 13, Exhibit 1 to the Complaint 3 and Amended Complaint 14, and Exhibit 2 to the Declaration of Laurie Rose Lubiano 20 shall remain under seal pending further order of the Court. Plaintiff's written submissions establish that if defendants were informed of this proceeding before a TRO could issue, assets would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. The Court finds that (1) the submitted evidence establishes a likelihood of success on the merits (including evidence of active infringement and sales into Illinois); (2) the harm to plaintiff is irreparable and cannot be fully compensated by money damages; (3) an injunction is in the public interest because of the consumer confusion caused by counterfeit goods and infringement interferes with Plaintiff's ability to control its intellectual property; and (4) 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 is an effective way to communicate with these online marketplace defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the Court will revisit the asset freeze, joinder, and personal jurisdiction. A $1,000 bond is sufficient to secure the injunctive relief. Enter Sealed Temporary Restraining Order. No appearance is necessary on 7/30/24. Emailed notice. (cdh, ) (Entered: 07/26/2024)

法院批准TRO
#24

NOTICE of Motion by Justin R. Gaudio for presentment of motion for leave to file 4, motion for miscellaneous relief 21, motion for temporary restraining order 16 before Honorable LaShonda A. Hunt on 7/30/2024 at 10:00 AM. (Gaudio, Justin) (Entered: 07/25/2024)

法院批准TRO
#23

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 22 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gaudio, Justin) (Entered: 07/25/2024)

#22

MEMORANDUM by Deckers Outdoor Corporation in support of motion for miscellaneous relief 21 (Gaudio, Justin) (Entered: 07/25/2024)

#21

MOTION by Plaintiff Deckers Outdoor Corporation for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (Gaudio, Justin) (Entered: 07/25/2024)

#20

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 2 regarding declaration 19 (Gaudio, Justin) (Entered: 07/25/2024)

#19

DECLARATION of Laurie Rose Lubiano regarding memorandum in support of motion 17 (Attachments: # 1 Exhibit 1)(Gaudio, Justin) (Entered: 07/25/2024)

#16

MOTION by Plaintiff Deckers Outdoor Corporation for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Gaudio, Justin) (Entered: 07/25/2024)

法院批准TRO 查看公开文件 ↗
#15

MAILED patent report to Patent Trademark Office, Alexandria VA (rp, ) (Entered: 07/23/2024)

#14

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 1 regarding amended complaint 12 (Gaudio, Justin) (Entered: 07/22/2024)

#13

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Schedule A regarding amended complaint 12 (Gaudio, Justin) (Entered: 07/22/2024)

#12

AMENDED complaint by Deckers Outdoor Corporation against The Partnerships and Unincorporated Associations Identified on Schedule A (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Gaudio, Justin) (Entered: 07/22/2024)

#11

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Thomas Joseph Juettner (Juettner, Thomas) (Entered: 07/19/2024)

#10

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin Tyler Joseph (Joseph, Justin) (Entered: 07/19/2024)

#9

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Amy Crout Ziegler (Ziegler, Amy) (Entered: 07/19/2024)

#8

ATTORNEY Appearance for Plaintiff Deckers Outdoor Corporation by Justin R. Gaudio (Gaudio, Justin) (Entered: 07/19/2024)

#7

Notice of Claims Involving Patents by Deckers Outdoor Corporation (Gaudio, Justin) (Entered: 07/19/2024)

#6

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Deckers Outdoor Corporation (Gaudio, Justin) (Entered: 07/19/2024)

#5

CIVIL Cover Sheet (Gaudio, Justin) (Entered: 07/19/2024)

#4

MOTION by Plaintiff Deckers Outdoor Corporation for leave to file under Seal (Gaudio, Justin) (Entered: 07/19/2024)

#3

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Exhibit 1 - Parts 1-4 regarding complaint 1 (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 1-3, # 4 Exhibit 1-4)(Gaudio, Justin) (Entered: 07/19/2024)

#2

SEALED EXHIBIT by Plaintiff Deckers Outdoor Corporation Schedule A regarding complaint 1 (Gaudio, Justin) (Entered: 07/19/2024)

#1

COMPLAINT filed by Deckers Outdoor Corporation; Filing fee $ 405, receipt number AILNDC-22262974. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5)(Gaudio, Justin) (Entered: 07/19/2024)

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