最近更新：2024-12-25
2023-cv-01492
| 日期 | 描述 |
|---|---|
| 07/06/2023 | FULL SATISFACTION of Judgment regarding order, 33 in the amount of $100,000 as to certain defendants |
| 06/26/2023 | FINAL JUDGMENT ORDER signed by the Honorable John F. Kness on 6/26/2023: The ten-thousand-dollar ($10,000) surety bond posted by Costa Del Mar, Inc. and Luxottica Group S.p.A., Oakley, Inc. 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 Justin R. Gaudio of Greer Burns & Crain Ltd., 300 South Wacker Drive, Suite 2500, Chicago, IL 60606 via certified mail. Mailed notice |
| 06/26/2023 | ORDER signed by the Honorable John F. Kness on 6/26/2023: Plaintiffs' motion for entry of default judgment 27 is granted. Enter Final Judgment Order. Plaintiffs' motion for preliminary injunction 22 is dismissed as moot. Civil case terminated. Mailed notice |
| 06/16/2023 | CERTIFICATE of Service by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. regarding terminate deadlines and hearings, terminate motion and R&R deadlines/hearings, set motion and R&R deadlines/hearings, 30 附件： 1:(Exhibit A) |
| 06/16/2023 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiff's motion 27 for entry of default and default judgment against all Defendants. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment must be filed on or before 6/21/2023. 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 |
| 06/12/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 28 附件： 1:(Exhibit 1) |
| 06/12/2023 | 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, 27 附件： 1:(Exhibit 1) |
| 06/12/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for entry of default as to all Defendants, MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for default judgment as to all Defendants 附件： 1:(Exhibit A) |
| 05/25/2023 | CERTIFICATE of Service by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. regarding text entry, 25 附件： 1:(Exhibit A) |
| 05/24/2023 | MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiffs' motion [22] for entry of a preliminary injunction. In connection with that motion, Plaintiffs must serve all 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 5/30/2023." If no objections are filed by that date, the Court will consider the motion unopposed. Plaintiffs 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. For the reasons stated in the Court's order entering the TRO, the TRO is extended to and including the date on which 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). If this extension exceeds the maximum duration for a TRO under FRCP 65(b), this extension "becomes in effect a preliminary injunction that is appealable, but the order remains effective." Id. at 844. Mailed notice |
| 05/18/2023 | 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 5/18/2023, answer due 6/8/2023. 附件： 1:Declaration of Thomas J. Juettner 2:(Exhibit A) |
| 05/18/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for preliminary injunction 22 附件： 1:Declaration of Jake M. Christensen 2:(Exhibit 1) |
| 05/18/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for preliminary injunction 附件： 1:(Exhibit A) |
| 05/12/2023 | SURETY BOND in the amount of $ 10,000.00 posted by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. (Document not imaged) |
| 05/10/2023 | SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A |
| 05/09/2023 | SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable John F. Kness on 5/9/2023. Mailed notice. |
| 05/09/2023 | 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 in part. Plaintiff's submissions (including the Declaration [14] of Jason Groppe) 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 Temporary Restraining Order being entered along with this minute 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 under FRCP 65(b)(1). 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 equitable accounting. In addition, the Court finds, at least for now on this limited and one-sided record and without prejudice to revisiting the issue, that it has personal jurisdiction over the Defendants because they directly target their business activities toward consumers in the United States, including Illinois. Specifically, Defendants have targeted sales to Illinois residents by setting up and operating e-commerce stores that target United States consumers using one or more Seller Aliases, offer shipping to the United States, including Illinois, accept payment in U.S. dollars, and have sold products using infringing and counterfeit versions of Plaintiff's trademarks to residents of Illinois. The evidence presented to the Court also shows that Plaintiff has demonstrated 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 this Court and others 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. A transfer of domain names is appropriate to prevent infringing conduct. Expedited discovery is warranted to identify defendants and to implement the asset freeze. If any defendant appears and objects, the court will reconsider the asset freeze and joinder. Enter Sealed Temporary Restraining Order. Mailed notice |
| 03/14/2023 | DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 03/14/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for miscellaneous relief 16 |
| 03/14/2023 | 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) |
| 03/14/2023 | SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Exhibit 3 - Parts 1-4 regarding declaration 14 附件： 1:Exhibit 3-1 2:Exhibit 3-2 3:Exhibit 3-3 4:(Exhibit 3-4) |
| 03/14/2023 | DECLARATION of Jason Groppe regarding memorandum in support of motion 12 附件： 1:Exhibit 1 2:(Exhibit 2) |
| 03/14/2023 | 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) |
| 03/14/2023 | MEMORANDUM by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. in support of motion for temporary restraining order, 11 |
| 03/14/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for temporary restraining order Including a Temporary Injunction, a Temporary Transfer of the Domain Names, a Temporary Asset Restraint, and Expedited Discovery |
| 03/10/2023 | 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. |
| 03/10/2023 | CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. |
| 03/10/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Thomas Joseph Juettner |
| 03/10/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Jake Michael Christensen |
| 03/10/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Amy Crout Ziegler |
| 03/10/2023 | ATTORNEY Appearance for Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. by Justin R. Gaudio |
| 03/10/2023 | Notice of Claims Involving Trademarks by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. |
| 03/10/2023 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. |
| 03/10/2023 | CIVIL Cover Sheet |
| 03/10/2023 | MOTION by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. for leave to file under seal |
| 03/10/2023 | SEALED EXHIBIT by Plaintiffs Costa Del Mar, Inc., Luxottica Group S.p.A., Oakley, Inc. Schedule A regarding complaint 1 |
| 03/10/2023 | COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 402, receipt number AILNDC-20427136. 附件： 1:Exhibit 1 2:Exhibit 2 3:Exhibit 3 4:(Exhibit 4) |
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