原告律所:GBC
品牌:RAYBAN&OAKLEY &COSTA,雷朋&欧克利&咖世家
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# | Date | Description |
28 |
02/14/2025
|
MINUTE entry before the Honorable Iain D. Johnston: In light of the notice of dismissal [ ], this case is dismissed under Fed. R. Civ. P. 41(a)(1)(A)(i) without prejudice. The rule to show cause is discharged and the 2/21/2025 hearing is stricken. The motions for leave to seal 3, for a temporary restraining order 13, and for electronic service 18 are stricken as moot. Civil case terminated. 翻译 |
27 |
02/13/2025
|
NOTICE of Voluntary Dismissal by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. 翻译 |
26 |
02/12/2025
|
ORDER to Show Cause: This case is set for an in-person hearing on Friday, February 21, 2025, at 3:30 p.m. in courtroom 5200 of the Stanley J. Roszkowski United States Courthouse, which is the courthouse for the Western Division of the Northern District of Illinois. At that time, Plaintiffs' counsel are to show cause why they should not be sanctioned for violating Federal Rule of Civil Procedure 11(b)(3). The rule will be discharged and the hearing canceled if the case is voluntarily dismissed under Rule 41 by 5:00 p.m. central time on February 18, 2025. See Statement. Signed by the Honorable Iain D. Johnston on 2/12/2025: 翻译 |
25 |
02/11/2025
|
RESPONSE by Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. to text entry, [23] 翻译 |
24 |
02/11/2025
|
MINUTE entry before the Honorable Iain D. Johnston: In response to this Court's order questioning why this Schedule A case was filed in the Western Division of the U.S. District Court for the Northern District of Illinois, plaintiffs have made the following representation: "Due to increased case volume in the NDIL Eastern Division, those courts have asked Plaintiffs' counsel to spread the cases out to other district courts, including the NDIL Western Division." Dkt. 22, at 2. Plaintiffs are given until February 28, 2025, to provide certified copies of transcripts and orders identifying the judge and case number in which the "court" asked plaintiffs' counsel to file cases in the Western Division. In blunt terms, show me a transcript or order in which one of my colleagues said this. This is a serious representation that must be supported by evidence. See Fed. R. Civ. P. 11(b)(3). 翻译 |
23 |
02/10/2025
|
Supplement in Response by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. to Docket No. [21] 翻译 |
22 |
02/07/2025
|
MINUTE entry before the Honorable Iain D. Johnston: Before the Court is Plaintiff's motion for an ex parte temporary restraining order, asset freeze, and expedited discovery [13]. Plaintiff argues in its motion that this Court should grant an ex parte temporary restraining order under Rule 65(b) of the Federal Rules of Civil Procedure. Rule 65(b) permits a court to issue a temporary restraining order without notice to the adverse party only if: "(A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1)(A), (B). Plaintiffs have presented several facts in their complaint and in declarations attached to the motion identifying the immediate and irreparable harms they will suffer unless an ex parte temporary restraining order is issued. But Plaintiffs have not provided the written certification required by Rule 65(b), or any information at all, detailing their efforts to give notice to Defendants. Plaintiffs cite to several cases within this District where counterfeiters such as Defendants reduced or transferred funds in their financial accounts upon receipt of a lawsuit to argue that notice should not be required in this action. See Dkt. 15 at 4-5. Anticipating the possibility that something similar will happen in this case, Plaintiff contends it is entitled to an ex parte order. But Plaintiffs' asserted reasons for proceeding ex parte may not, standing alone, provide sufficient justification for the Court to enter an ex parte temporary restraining order without the notice contemplated by Rule 65(b)(1). That other defendants in similar cases have attempted to evade liability does not mean that Defendants in this case will too, and in any event, the applicable Rule might not permit the Plaintiffs to proceed ex parte the way they want. The Court also questions venue. Plaintiffs allege they are incorporated in or their principal places of business are in either Florida, California, Washington or Italy, while Defendants are all in China. The complaint alleges only generally that sales were directed at Illinois, and no allegations of actual sales in the Northern District of Illinois, let alone to its Western Division. Accordingly, the Court directs Plaintiffs to file a supplemental statement (1) detailing their efforts to give notice to Defendants as required by Rule 65(b)(1)(B), or why that Rule permits entry of an ex parte temporary restraining order when no such efforts are made; and (2) why venue in the Western Division of the Northern District of Illinois is proper. The supplemental statement must include compelling arguments with citations to binding or persuasive authority and be filed by 2/21/2025. By that date Plaintiffs should also reconsider the proposed temporary restraining order they submitted, as the Court would never sign the one they provided. 翻译 |
21 |
02/07/2025
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[19] 翻译 |
20 |
02/07/2025
|
MEMORANDUM by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. in support of motion for miscellaneous relief[18] 翻译 |
19 |
02/07/2025
|
MOTION by Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) Presented before District Judge 翻译 |
18 |
02/07/2025
|
SEALED EXHIBIT by Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. Exhibit 3 regarding declaration[16] 翻译 |
17 |
02/07/2025
|
DECLARATION of Jason Groppe regarding memorandum in support of motion[14] 翻译 |
16 |
02/07/2025
|
DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[14] 翻译 |
15 |
02/07/2025
|
MEMORANDUM by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. in support of motion for temporary restraining order, [13] 翻译 |
14 |
02/07/2025
|
MOTION by Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery Presented before District Judge 翻译 |
13 |
02/06/2025
|
MAILED to plaintiff(s) counsel Lanham Mediation Program materials. 翻译 |
12 |
02/06/2025
|
MAILED Trademark report to Patent Trademark Office, Alexandria VA. 翻译 |
11 |
02/06/2025
|
ATTORNEY Appearance for Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. by Thomas Joseph Juettner 翻译 |
10 |
02/06/2025
|
ATTORNEY Appearance for Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. by Berel Yonathan Lakovitsky 翻译 |
9 |
02/06/2025
|
ATTORNEY Appearance for Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. by Amy Crout Ziegler 翻译 |
8 |
02/06/2025
|
ATTORNEY Appearance for Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. by Justin R. Gaudio 翻译 |
7 |
02/06/2025
|
Notice of Claims Involving Trademarks by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. 翻译 |
6 |
02/06/2025
|
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. 翻译 |
5 |
02/06/2025
|
CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. 翻译 |
4 |
02/06/2025
|
CIVIL Cover Sheet 翻译 |
3 |
02/06/2025
|
MOTION by Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. for leave to file under seal 翻译 |
2 |
02/06/2025
|
SEALED EXHIBIT by Plaintiffs Luxottica Group S.p.A., Oakley, Inc., Costa Del Mar, Inc. Schedule A regarding complaint[1] 翻译 |
1 |
02/06/2025
|
COMPLAINT filed by Luxottica Group S.p.A., Costa Del Mar, Inc., Oakley, Inc.; Filing fee $ 405, receipt number AILNDC-23053534. 翻译 |