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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

OAKLEY, INC., 

 Plaintiff, 

 v. 

ALL-INBIKE, et al., 

 Defendants. 

Case No. 20-cv-03542 

Judge Robert W. Gettleman 

Magistrate Judge Young B. Kim

DECLARATION OF JUSTIN R. GAUDIO 

 I, Justin R. Gaudio, of the City of Chicago, in the State of Illinois, declare as follows: 

1. I am an attorney at law, duly admitted to practice before the Courts of the State of Illinois 

and the United States District Court for the Northern District of Illinois. I am one of the 

attorneys for Plaintiff Oakley, Inc. (“Plaintiff” or “Oakley”). Except as otherwise expressly 

stated to the contrary, I have personal knowledge of the following facts and, if called as a 

witness, I could and would competently testify as follows: 

2. I hereby certify that the Defaulting Defendants (as defined in the accompanying 

Memorandum) have failed to answer or otherwise plead in this action within the allotted time 

in violation of Federal Rule of Civil Procedure 12(a)(1)(A). 

3. My office investigated the infringing activities of the Defaulting Defendants, including 

attempting to identify the registrant of each associated e-commerce stores operating under the 

Seller Aliases and its contact information. Our investigation confirmed that the Defaulting 

Defendants are primarily domiciled in China. As such, I am informed and believe that the 

Defaulting Defendants are not active-duty members of the U.S. armed forces. 

Case: 1:20-cv-03542 Document #: 52-1 Filed: 09/02/20 Page 1 of 2 PageID #:3443
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4. On August 27, 2020, Plaintiff served Plaintiff’s First Set of Interrogatories (4 interrogatories) 

and Plaintiff’s First Set of Requests for the Production of Documents and Things to 

Defaulting Defendants (2 document requests) on Defaulting Defendants and received no 

response. Exhibit 1 attached hereto is a true and correct copy of Plaintiff’s First Set of 

Interrogatories and Plaintiff’s First Set of Requests for the Production of Documents and 

Things to Defaulting Defendants. 

5. Plaintiff also served its First Set of Requests for Admissions on Defaulting Defendants on 

August 27, 2020 and received no response. Exhibit 2 attached hereto is a true and correct 

copy of Plaintiff’s First Set of Requests for Admissions to Defaulting Defendants. 

6. Information provided by PayPal, Inc., Alipay, Amazon and Wish for only some of the 

Defendants indicates that Defaulting Defendant’s financial accounts have a total restrained 

balance of approximately $130,716.82. Defaulting Defendants’ financial accounts have 

received at least $44,411,271.31 in total revenue. 

7. Exhibit 3 is an accurate copy of unpublished decisions cited in the corresponding 

Memorandum in Support of Plaintiff’s Motion for Entry of Default and Default Judgment.

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

Executed on this the 2nd day of September 2020 at Chicago, Illinois. 

 /s/ Justin R. Gaudio 

Justin R. Gaudio 

Counsel for Plaintiff Oakley, Inc. 

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