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[+]
1
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2022-10-24 |
COMPLAINT filed by Lovense; Filing fee $ 402, receipt number AILNDC-19974104. |
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Exhibit 1 |
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Exhibit 2 |
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Exhibit 3 |
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Exhibit 4 |
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Exhibit 5 |
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Exhibit 6 |
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Exhibit 7 |
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Exhibit 8 |
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Exhibit 9 |
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(Exhibit 10) |
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2
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2022-10-24 |
CIVIL Cover Sheet |
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[+]
3
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2022-10-24 |
ATTORNEY Appearance for Plaintiff Lovense by Patrick M Jones |
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CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (jk2,) (Text entry; no document attached.) |
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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. (jk2,) (Text entry; no document attached.) |
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[+]
4
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2022-10-24 |
MOTION by Plaintiff Lovense for temporary restraining order |
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(Text of Proposed Order) |
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5
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2022-10-24 |
MEMORANDUM of Law in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order Modified on 10/24/2022. |
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6
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2022-10-24 |
Corporate Disclosure Statement by Lovense |
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7
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2022-10-24 |
ATTORNEY Appearance for Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. by Patrick M Jones |
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8
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2022-10-25 |
MAILED trademark report to Patent Trademark Office, Alexandria VA |
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9
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2022-10-25 |
MAILED to plaintiff(s) counsel Lanham Mediation Program materials |
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10
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2022-10-25 |
MAILED copyright report to Registrar, Washington DC |
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11
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2022-10-28 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion for temporary restraining order 4 is granted. Enter order. Mailed notice. |
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[+]
12
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2022-10-28 |
TEMPORARY RESTRAINING ORDER signed by the Honorable Thomas M. Durkin on 10/28/2022. Mailed notice. |
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SUMMONS Issued as to Defendant Shenzhen Xiaoteng Technology Limited (Text entry; no document attached.) |
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13
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2022-11-04 |
MOTION by Plaintiff Danxiao Information Technology Ltd. for preliminary injunction |
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14
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2022-11-04 |
Memorandum in Support of Motion for Preliminary Injunction by Danxiao Information Technology Ltd. |
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15
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2022-11-04 |
PROPOSED Pretrial Order Granting Motion for Preliminary Injunction |
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16
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2022-11-04 |
NOTICE of Motion by Patrick M Jones for presentment of motion for preliminary injunction 13 before Honorable Thomas M. Durkin on 11/10/2022 at 08:45 AM. |
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17
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2022-11-04 |
CERTIFICATE of Service by Patrick M Jones on behalf of Danxiao Information Technology Ltd. regarding MOTION by Plaintiff Danxiao Information Technology Ltd. for preliminary injunction 13 |
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18
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2022-11-04 |
MINUTE entry before the Honorable Thomas M. Durkin: Hearing for presentment of the motion for preliminary injunction 13 set for 11/10/2022 at 8:45 a.m. will proceed by telephone. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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19
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2022-11-08 |
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20023754. Getech Ref. 81573 |
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20
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2022-11-08 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice 19 is granted. Attorney Jun Ye for Shenzhen Xiaoteng Technology Limited added. Mailed notice. |
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21
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2022-11-09 |
ATTORNEY Appearance for Defendant Shenzhen Xiaoteng Technology Limited by Ge Lei |
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22
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2022-11-10 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held by telephone on 11/10/2022 regarding the motion for preliminary injunction [13]. Defendant objects to the motion. By agreement of the parties, the Temporary Restraining Order is extended by 21 days to 12/1/2022. A telephone status hearing is set for 11/28/2022 at 9:00 a.m. to determine next steps. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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[+]
23
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2022-11-18 |
AMENDED complaint by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. against Shenzhen Xiaoteng Technology Limited |
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Exhibit 1 - Lovense TMs |
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Sch A pt. 1 |
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Sch A pt. 2 |
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Sch A pt. 3 |
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Sch A pt. 4 |
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24
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2022-11-18 |
NOTICE by All Plaintiffs re amended complaint, [23] and Certificate of Service |
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25
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2022-11-18 |
SUPPLEMENT to amended complaint, [23] Revised Sch. A pt. 3 App. Stores |
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26
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2022-11-25 |
EXHIBIT by Plaintiff Danxiao Information Technology Ltd. 1-A Lush Registered TM regarding amended complaint, [23] |
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27
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2022-11-28 |
MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 11/28/2022. Defendant opposes an extension of the TRO. A Preliminary Injunction hearing is set for 12/1/2022 at 11:00 a.m. by video conference. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (650) 479-3207 and the call-in ID is 180 815 7648. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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28
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2022-11-30 |
RESPONSE by Shenzhen Xiaoteng Technology Limitedin Opposition to MOTION by Plaintiff Danxiao Information Technology Ltd. for preliminary injunction [13] |
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Exhibit Specimen of LUSH |
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Exhibit Search Result |
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29
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2022-12-01 |
MINUTE entry before the Honorable Thomas M. Durkin: Preliminary injunction hearing held 12/1/2022. The motion for preliminary injunction [13] is denied in part and granted in part for the reasons stated on the record. The motion is granted to the extent that Defendant is enjoined from using the marks "Lush," "Lush 1," "Lush 2," or "Lush 3." To the extent Defendant currently displays any such marks on its websites, e-commerce stores, social media, or any other advertising medium of any kind, Defendant is ordered to remove any such marks by Monday, December 5, 2022 at 12 p.m. Central Time. The motion is denied in all other respects. The parties should file a joint initial status report in accordance with the instructions on Judge Durkin's website by 12/15/2022. Mailed notice. |
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30
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2022-12-13 |
MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. for order to show cause |
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Exhibit A - Jones Aff. |
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[+]
31
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2022-12-13 |
ANSWER to amended complaint, COUNTERCLAIM filed by Shenzhen Xiaoteng Technology Limited against All Plaintiffs. by Shenzhen Xiaoteng Technology Limited |
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Exhibit File wrapper of the 069 patent |
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Exhibit File wrapper of the 980 patent |
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32
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2022-12-14 |
MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to the following briefing schedule as to the motion for order to show cause [30]: Defendant shall file its response to Plaintiff's motion on or before 1/4/2023; Plaintiff shall file its reply on or before 1/11/2023. Mailed notice. |
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33
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2022-12-15 |
ATTORNEY Appearance for Defendant Shenzhen Xiaoteng Technology Limited, Counter Claimant Shenzhen Xiaoteng Technology Limited by Jason Liang Xu |
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34
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2022-12-16 |
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: discovery supervision, including full authority to set deadlines or reset any currently pending deadlines. Mailed notice. |
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35
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2022-12-19 |
ATTORNEY Appearance for Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd., Counter Defendants Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. by Jason Liang Xu CORRECTED Attorney Appearance Form |
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36
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2022-12-19 |
MINUTE entry before the Honorable Jeffrey Cummings: This case has been referred for discovery supervision and scheduling [34]. On or before 1/9/23, the parties are ordered to have a Rule 26(f) conference and file a joint status report setting forth the information for Referral Cases in the Court's Standing Order for Initial Joint Status Reports. The parties shall also include a proposed discovery schedule in their joint status report. The parties are advised that they may contact this Court's courtroom deputy if at anytime they are mutually interested in scheduling a remote settlement conference with the Court. Mailed notice |
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37
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2022-12-29 |
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. |
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38
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2022-12-30 |
ANSWER to counterclaim by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. |
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[+]
39
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2023-01-04 |
RESPONSE by Shenzhen Xiaoteng Technology Limitedin Opposition to MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. for order to show cause [30] |
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Affidavit |
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[+]
40
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2023-01-05 |
MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd., Counter Defendants Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. to amend/correct Complaint |
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Exhibit A - Draft Amended Complaint |
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41
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2023-01-05 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs |
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42
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2023-01-05 |
MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for leave to file an amended complaint [40] is granted. Mailed notice. |
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43
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2023-01-06 |
SECOND AMENDED complaint by Shenzhen Love Sense Technology Co. Ltd., Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd. against All Defendants |
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44
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2023-01-09 |
STATUS Report Jointy Filed by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. |
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45
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2023-01-10 |
MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report [44] and enters the following discovery schedule; Rule 26(a)(1) disclosures shall be served on or before 2/10/23; all written discovery shall be served on or before 5/30/23; fact discovery shall be completed by 7/30/23; Rule 26(a)(2) expert disclosures shall be served by 8/31/23; and expert discovery shall be completed by 10/16/23. On 3/10/23, the parties shall file a joint status report setting forth what discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. If the parties are mutually interested in a settlement conference, they shall also address the issues set forth in the first paragraph of the second page of the Court's Standing Order For Settlement Conferences and provide the dates that the parties are mutually available in April 2023 for a remote video settlement conference. The deadlines for the submission of settlement letters described in the Standing Order and the date for the settlement conference will be promptly set after the joint status report is received. Mailed notice |
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[+]
46
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2023-01-12 |
REPLY by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. to MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. for order to show cause [30] |
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Exhibit A - JD.com demand |
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Exhibit B - Paintiff's Aff |
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Exhibit C - Whizz T&C |
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Exhibit D - bol.com take down procedures |
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47
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2023-01-12 |
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shenzhen Xiaoteng Technology Limited |
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48
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2023-02-27 |
MINUTE entry before the Honorable Thomas M. Durkin: On 12/1/2022, the Court ordered Defendant to remove the marks "Lush," "Lush 1," "Lush 2," and "Lush 3" from "its websites, e-commerce stores, social media, or any other advertising medium of any kind." R. 29. Plaintiffs filed a motion for an order to show cause why Defendant should not be held in contempt because Plaintiffs contend that they discovered that the marks and products at issue are still displayed on 17 of the Defendant's websites. See R. 30 at 2. Defendant contends that the 17 websites "either provide products unrelated to Defendant or provide production description that were not controlled by Defendant." See R. 39 at 2. In other words, the 17 websites don't belong to Defendant. Plaintiff does not dispute this contention, but argues that Defendant could "simply ask" the 17 websites to remove the "infringing advertisements." R. 46 at 3. The Court's order, however, did not direct Defendant to take such actions, but only to remove advertisements from "its" websites, meaning websites Defendant controls. So Defendant in not in contempt of the order, and Plaintiffs' motion to show cause [30] is denied. However, Plaintiff has identified procedures on at least two of the websites for requesting removal of trademarks from the sites. See R. 46 at 3-4. Defendant is ordered to contact each of the 17 websites and request that the offending marks be removed. Defendant should document these efforts and submit a status report to the Court by 3/17/2023. Mailed notice. |
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49
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2023-03-13 |
STATUS Report by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. |
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50
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2023-03-14 |
MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed plaintiff's status report [49], which indicates that defense counsel did not respond to plaintiff's counsel's request for input regarding the report. Plaintiff reports that it served written discovery requests on 2/1/23, with defendant's responses due 3/2/23. To date, defendant has not responded to the discovery requests or requested an extension to do so. The Court orders defendant to respond to plaintiff's discovery requests by 3/21/23. By 4/4/23, the parties shall file a joint status report setting forth what additional discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. Mailed notice |
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[+]
51
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2023-03-21 |
MOTION by Attorney Ge (Linda) Lei, Jun Ye to withdraw as attorney for Shenzhen Xiaoteng Technology Limited. New address information: Shenzhen Xiaoteng Technology Limited, Room 213, Meipeng SKY, No. 3, Zhongxing Road, Bantian Street, Shenzhen, Guangdong, China, 518129 |
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Notice of Filing Notification of party contact information |
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52
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2023-03-21 |
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion to withdraw as attorney [51] is set for 3/31/2023 at 9:30 a.m. The attorneys from Getech Law LLC and a representative from Defendant Shenzhen Xiaoteng Technology Limited must be on the line because a corporation cannot represent itself. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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[+]
53
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2023-03-22 |
MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. for default judgment as to |
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Declaration Declaration in Support of Motion for Entry of Default |
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54
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2023-03-22 |
NOTICE of Motion by Patrick M Jones for presentment of |
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55
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2023-03-22 |
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for default judgment [53] is set for 3/31/2023 at 9:30 a.m. The same dial-in information given at docket entry [52] shall apply. Mailed notice. |
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56
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2023-03-31 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 3/31/2023. A representative from Xiaoteng was present on the call. The motion to withdraw as attorney [51] is entered and continued. A telephone status hearing is set for 4/20/2023 at 9:15 a.m. The same parties that were present on today's call are required to be present on the next call. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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57
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2023-04-10 |
MINUTE entry before the Honorable Jeffrey Cummings: On 3/14/23, the Court ordered the parties to file a joint status report by 4/4/23 [50]. To date, no report has been filed. By 4/18/23, the parties shall file a joint status report setting forth what additional discovery has been completed, what discovery remains, and whether any discovery disputes require the Court's attention. Mailed notice |
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58
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2023-04-10 |
STATUS Report of Plaintiff by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. |
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59
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2023-04-11 |
MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the plaintiffs' status report [58], which indicates that defendant has not responded to plaintiffs' discovery requests or issued discovery requests. The Court notes that defense counsel's motion to withdraw is pending before the District Court Judge and that plaintiffs have moved for default judgment. This Court will enter a further order regarding discovery at a later date. Mailed notice |
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60
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2023-04-20 |
MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 4/20/2023. A representative from Xiaoteng was not present on the call. For the reasons stated on the record, Attorneys Ge Lei and Jun Ye's motion to withdraw as attorney for Shenzhen Xiaoteng Technology Limited 51 is granted. For the reasons also stated on the record, Plaintiffs' motion for entry of default 53 is granted. A telephone status hearing is set for 6/21/2023 at 9:00 a.m., unless a hearing on a motion for default judgment, with notice to defendants, is scheduled before then. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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61
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2023-05-08 |
MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd., Counter Defendants Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. for default judgment as to Shenzhen Xiaoteng Technology Limited Presented before Magistrate Judge |
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62
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2023-05-08 |
AFFIDAVIT of Patrick M. Jones regarding motion for default judgment, 61 |
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63
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2023-06-02 |
EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Thomas M. Durkin no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023. |
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64
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2023-06-06 |
EXECUTIVE COMMITTEE ORDER: It is hereby ordered that 22 CV 5835, Danxiao Information Technology Ltd., et al v. Shenzhen Aigan Technology Co. Ltd., et al., is to be reassigned to Judge Durkin pursuant to IOP 13(d); and It is further ordered that Judge Durkin has elected that no case shall be returned to Judge Hunt in place of 22 CV 5835, Danxiao Information Technology Ltd., et al v. Shenzhen Aigan Technology Co. Ltd., et al. Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Honorable LaShonda A. Hunt no longer assigned to the case. Signed by Executive Committee on 6/6/2023. |
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65
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2023-06-09 |
MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/21/2023 at 9:00 a.m. is converted to a telephone hearing on the motion for default judgment as to Shenzhen Xiaoteng Technology Limited 61. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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66
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2023-06-21 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 6/21/2023. No one appeared on behalf of defendant. Plaintiff is to submit a modified proposed order for partial judgment, regarding injunctive relief and attorney's fees. The Court is reserving the issue of damages. Telephone hearing on the motion for default judgment as to Shenzhen Xiaoteng Technology Limited 61 is continued to 7/21/2023 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. 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 of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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67
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2023-06-21 |
PARTIAL Default Judgment Order for Injunctive Relief and Attorneys' Fees. Signed by the Honorable Thomas M. Durkin on 6/21/2023. Mailed notice. |
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[+]
68
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2023-07-11 |
SUPPLEMENT to order 67 granting default judgment against Defendant |
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(Exhibit A - Notice of Judgment) |
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69
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2023-07-21 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 7/21/2023. No one appeared on behalf of defendant. For the reasons stated on the record, the motion for default judgment as to Shenzhen Xiaoteng Technology Limited 61 is granted. Plaintiff's counsel is to submit a proposed order consistent with the modifications discussed on the record. Mailed notice. |
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70
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2023-07-21 |
FINAL Default Judgment Order. Signed by the Honorable Thomas M. Durkin on 7/21/2023. Mailed notice. |
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71
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2023-07-27 |
MAILED patent report along with copies of order and judgment dated 7/21/2023 to Patent Trademark Office, Alexandria VA |
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72
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2023-07-27 |
MAILED copyright report along with copies of order and judgment dated 7/21/2023 to Registrar, Washington DC |
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73
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2023-09-28 |
MOTION by Plaintiff Danxiao Information Technology Ltd. to reopen case |
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74
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2023-09-28 |
SEALED DOCUMENT by Plaintiff Danxiao Information Technology Ltd. Exhibits A and B |
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75
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2023-09-28 |
MOTION by Plaintiff Danxiao Information Technology Ltd. to seal document sealed document[74] |
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76
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2023-09-29 |
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' motion to reopen case 73 is granted. Plaintiff Danxiao Information Technology Ltd's motion for leave to seal documents 75 is granted. Mailed notice. |
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77
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2023-10-09 |
THIRD AMENDED complaint by Danxiao Information Technology Ltd. against All Defendants and Entities listed on Exhibit A |
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78
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2023-10-09 |
SEALED DOCUMENT by Plaintiff Danxiao Information Technology Ltd. Exhibit A |
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79
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2023-10-09 |
SEALED DOCUMENT by Plaintiff Danxiao Information Technology Ltd. Exhibit B |
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80
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2023-10-09 |
SEALED DOCUMENT by Plaintiff Danxiao Information Technology Ltd. Exhibit C |
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81
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2023-10-09 |
MOTION by Plaintiff Danxiao Information Technology Ltd. to seal document sealed document 80, sealed document 78, sealed document 79 |
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82
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2023-10-09 |
MOTION by Plaintiff Danxiao Information Technology Ltd. for temporary restraining order |
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83
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2023-10-09 |
Memorandum in Support of Motion for Temporary Restraining Order by Danxiao Information Technology Ltd. |
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[+]
84
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2023-10-10 |
MINUTE entry before the Honorable Thomas M. Durkin: Telephone motion hearing set for 10/13/2023 at 9:30 a.m. as to Plaintiff's motion for temporary restraining order 82. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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Order on Motion to Seal Document (Text entry; no document attached.) |
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Order on Motion for TRO (Text entry; no document attached.) |
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85
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2023-10-13 |
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for leave to file under seal 81 is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, asset restraining order, expedited discovery order, and service of process by email 82 is granted. The telephone motion hearing set for 10/13/2023 is stricken. Mailed notice. |
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86
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2023-11-13 |
SEALED TEMPORARY Restraining Order. Signed by the Honorable Thomas M. Durkin on 11/13/2023. Mailed notice. |
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87
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2023-12-28 |
ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. |
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88
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2024-01-08 |
MINUTE entry before the Honorable Thomas M. Durkin: A written status report as to whether the case should remain open is due by 1/12/2024. Mailed notice. |
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89
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2024-01-11 |
STATUS Report by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. |
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90
|
2024-01-12 |
MINUTE entry before the Honorable Thomas M. Durkin: A written status report is due by 2/26/2024, unless a motion for default is filed before then. Mailed notice. |
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[+]
91
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2024-01-24 |
MINUTE entry before the Honorable Thomas M. Durkin: The Clerk of the Court is directed to issue a single original summons in the name of "the Entities listed on Exhibit A to the Complaint" that shall apply to all Defendants. Mailed notice. |
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SUMMONS Issued as to Defendant Shenzhen Xiaoteng Technology Limited (Text entry; no document attached.) |
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92
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2024-01-29 |
MOTION by Plaintiff Danxiao Information Technology Ltd.Electronic Service of Process Pursuant to RRCP (4)(f)(3) |
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93
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2024-01-29 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion for electronic service of process 92 is granted. Plaintiff is authorized to serve Defendants by electronic mail. Mailed notice. |
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94
|
2024-02-09 |
CERTIFICATE of Service by Patrick M Jones on behalf of All Plaintiffs regarding amended complaint 77 |
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95
|
2024-02-09 |
Summons Executed by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. |
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96
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2024-02-09 |
CERTIFICATE of Service Amended Re: Complaint Dkt. # by Patrick M Jones on behalf of All Plaintiffs regarding amended complaint 77 |
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[+]
97
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2024-02-23 |
MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd., Counter Defendants Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. for default judgment as to Defaulting Defendants |
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(Exhibit A - Defaulting Defendants) |
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98
|
2024-02-23 |
Memorandum of Law in Support of Motion for Default by Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd. |
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99
|
2024-02-23 |
DECLARATION of Patrick M. Jones regarding motion for default judgment, 97 |
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100
|
2024-02-26 |
MINUTE entry before the Honorable Thomas M. Durkin: A telephone hearing as to the motion for default judgment 97 is set for 3/4/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. |
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101
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2024-02-26 |
CERTIFICATE of Service by Patrick M Jones on behalf of All Plaintiffs regarding MOTION by Plaintiffs Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Technology Co. Ltd., Counter Defendants Danxiao Information Technology Ltd., Shenzhen Aigan Technology Co. Ltd., Shenzhen Love Sense Techno 97 |
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102
|
2024-03-04 |
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 3/4/2024. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for default judgment [97] is granted. Civil case terminated. Mailed notice. |
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104
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2024-03-05 |
FINAL Default Judgment Order. Signed by the Honorable Thomas M. Durkin on 3/5/2024. Mailed notice. |
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105
|
2024-03-06 |
NOTICE of Voluntary Dismissal by All Plaintiffs Defs. 13, 16 |
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106
|
2024-03-14 |
NOTICE of Voluntary Dismissal by All Plaintiffs Defs 6-9 |
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107
|
2024-04-01 |
NOTICE of Voluntary Dismissal by Danxiao Information Technology Ltd. of Defendant No. 11 |
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108
|
2024-04-15 |
NOTICE of Voluntary Dismissal by Danxiao Information Technology Ltd. - Defendant 14 |
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109
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2024-05-14 |
MAILED patent report with certified copy of minute order dated 3/4/2024 to Patent Trademark Office, Alexandria VA. (jn,) |
