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2023-cv-16721

Bala Bangles, INC.V. the Partnerships and Unincorporated Associations Identified On Schedule A

法院:伊利诺伊州北法院
发案日期:2023-12-13
原告:Bala Bangles, INC
代理律所:SULLIVAN
诉讼类型:商标
# Date Description
1 2023-12-13 COMPLAINT (Redacted) filed by Bala Bangles, Inc.; Filing fee $ 405, receipt number AILNDC-21421383. Modified on 12/28/2023.
2 2023-12-13 CIVIL Cover Sheet
3 2023-12-13 ATTORNEY Appearance for Plaintiff Bala Bangles, Inc. by Alison K Carter Modified on 12/28/2023.
4 2023-12-13 ATTORNEY Appearance for Plaintiff Bala Bangles, Inc. by Ann Marie Sullivan (Sullivan, Ann Marie) Modified on 12/28/2023.
5 2023-12-13 MOTION by Plaintiff Bala Bangles, Inc. for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym Modified on 12/28/2023.
[+] 6 2023-12-13 MEMORANDUM by Bala Bangles, Inc. in support of motion for leave to file 5 Certain Documents under Seal and to Temporarily Proceed under a Pseudonym Modified on 12/28/2023.
[+] 7 2023-12-13 SEALED DOCUMENT by Plaintiff Bala Bangles, Inc. Complaint Modified on 12/28/2023.
[+] 8 2023-12-18 AMENDED complaint by Bala Bangles, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A
9 2023-12-18 SEALED DOCUMENT by Plaintiff Bala Bangles, Inc. Exhibit 4 - Amended Schedule A
10 2023-12-18 MOTION by Plaintiff Bala Bangles, Inc. to strike MOTION by Plaintiff Bala Bangles, Inc. for leave to file Certain Documents under Seal and to Temporarily Proceed under a Pseudonym 5, MOTION by Plaintiff Bala Bangles, Inc. for leave to file Certain Documents under Seal Modified on 12/28/2023.
11 2023-12-18 MEMORANDUM by Bala Bangles, Inc. in support of motion to strike, motion for leave to file, 10
12 2023-12-18 SEALED MOTION by Plaintiff Bala Bangles, Inc. for Entry of a Temporary Restraining Order
[+] 13 2023-12-18 SEALED DOCUMENT by Plaintiff Bala Bangles, Inc. Memorandum in Support of Motion for Temporary Restraining Order
14 2023-12-18 MOTION by Plaintiff Bala Bangles, Inc. for Electronic Service of Process
[+] 15 2023-12-18 MEMORANDUM by Bala Bangles, Inc. in support of motion for miscellaneous relief 14 for Electronic Service of Process
16 2023-12-21 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff alleges claims of design patent infringement, trademark infringement and counterfeiting, false designation of origin, passing off, unfair competition, violation of the Illinois Uniform Deceptive Trade Practices Act, and copyright infringement against The Partnerships and Unincorporated Associations Identified on Schedule "A" R. 7, Compl.; R. 7-4, Sched. A. Plaintiff's amended motion for leave to file certain documents under seal 10 is granted in part and denied in part. Schedule A to the Complaint [R. 7-4] and Amended Schedule A 9 may remain under seal. However, the Court denies Plaintiff's request to seal the motion for entry of a TRO and memorandum in support 11 12. Plaintiff may seal portions of the memorandum 13 including screenshot printouts showing the e-commerce stores operating under the Seller Aliases, but not the entire Motion 12 and memorandum 13. By 12/27/2023, the Court directs Plaintiff to file a public version of those filings, with redactions, and a sealed version without redactions, consistent with this minute entry. The Court also orders Plaintiff to file a public version of the Complaint, as Plaintiff is no longer seeking to seal the Complaint. The Court takes Plaintiff's ex parte motion for a temporary restraining order 12, and motion for electronic service of process 14 under advisement. Pursuant to Plaintiff's request, the Court strikes Plaintiff's pending motion for leave to file certain documents under seal and to temporarily proceed under a pseudonym 5. Emailed notice
17 2023-12-21 MOTION by Plaintiff Bala Bangles, Inc. for temporary restraining order
[+] 18 2023-12-21 MEMORANDUM by Bala Bangles, Inc. in support of motion for temporary restraining order 17
[+] 19 2023-12-21 SEALED DOCUMENT by Plaintiff Bala Bangles, Inc. Exhibit 4 - Part 1
20 2023-12-22 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants Plaintiff's ex parte motion for a temporary restraining order 17 and motion for electronic service of process 14. Provided that Plaintiff provides the security described in paragraph 10 of the temporary restraining order, the temporary restraining order shall become effective on 12/27/2023 at 6:00 p.m. and shall expire in fourteen (14) days from the effective date. The Court finds that joinder of the "Schedule A" Defendants is proper at this preliminary stage. Fed. R. Civ. P. 20(a)(2)(A). The Court notes that no Defendants are prejudiced by permitting joinder at this juncture. See Bose Corp. v. Partnerships & Unincorporated Associations Identified on Schedule "A", 334 F.R.D. 511, 517 (N.D. Ill. 2020). To the extent any defendant appears and objects to joinder, the Court will revisit the issue and is free to sever certain defendants from the case under Rule 21 at that time. The Court strikes Plaintiff's previously filed sealed motion for temporary restraining order as moot. 12 Emailed notice
21 2023-12-22 SEALED TEMPORARY RESTRAINING ORDER: Signed by the Honorable Franklin U. Valderrama on 12/22/2023. Emailed notice
[+] 22 2023-12-27 Registry Deposit Form by Bala Bangles, Inc. (Sullivan, Ann Marie)
23 2023-12-28 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff filed this case under the name XYZ Corporation. XYZ Corporation is not Plaintiff's true name. The Clerk of Court shall replace the name XYZ Corporation throughout the docket with the accurate name of the Plaintiff: Bala Bangles, Inc. Emailed notice
24 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.
[+] 25 2024-01-05 MOTION by Plaintiff Bala Bangles, Inc. for extension of time of the Temporary Restraining Order
26 2024-01-09 MINUTE entry before the Honorable Franklin U. Valderrama: The Court hereby grants Plaintiff's Motion to Extend the Temporary Restraining Order 25. The Temporary Restraining Order 21 shall now expire on 01/19/2024 at 6:00 p.m. Emailed notice
27 2024-01-19 MOTION by Plaintiff Bala Bangles, Inc. for preliminary injunction
[+] 28 2024-01-19 MEMORANDUM by Bala Bangles, Inc. in support of motion for preliminary injunction 27
29 2024-01-19 MOTION by Plaintiff Bala Bangles, Inc. to substitute party
[+] 30 2024-01-19 SUMMONS Returned Executed by Bala Bangles, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 1/19/2024, answer due 2/9/2024.
31 2024-01-22 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff's unopposed motion to substitute parties 29 is granted. Plaintiff is granted leave to substitute the newly identified True Joybuy Defendants in place of the original Joybuy placeholder names of Joybuy Seller 1, Joybuy Express Seller 1, and Joybuy Express Seller 2 listed at lines 291, 292, and 293 of Schedule A. Emailed notice
[+] 32 2024-01-22 MINUTE entry before the Honorable Franklin U. Valderrama: On the grounds set forth in the motion, Plaintiff's motion for an entry of a preliminary injunction 27 is granted. Enter Preliminary Injunction Order. The following documents are to be unsealed: (1) Schedule a top the Complaint [7-4]; (2) Amended Schedule A to the Complaint 9 ; (3) Exhibit 4 to the Declaration of Maximilian Kislevitz 19 ; and (4) the TRO 21. Counsel for Plaintiff is ordered to add ALL Defendant names listed in the Schedule A to the docket within three business days. Emailed notice.
33 2024-01-22 PRELIMINARY INJUNCTION ORDER: Signed by the Honorable Franklin U. Valderrama on 1/22/2024. Emailed notice
[+] 34 2024-01-22 ATTORNEY Appearance for Defendant Flamingo Casa by Zheng Gong
35 2024-02-06 ATTORNEY Appearance for Defendant belistair by Christopher Paul Keleher
36 2024-02-06 MOTION by Defendant belistair for extension of time to file answer regarding complaint 1
37 2024-02-07 ENTRY MADE IN ERROR.
38 2024-02-07 MINUTE entry before the Honorable Franklin U. Valderrama: : Before the Court is Defendant belistair's first motion for extension of time to answer or otherwise plead 36. In the motion, Defendant belistair reports that it contacted counsel for Plaintiff regarding the motion, but counsel for Plaintiff had not responded as of this filing. The Court grants Defendant belistair's request to answer or otherwise respond by 03/07/2024. Mailed notice
39 2024-02-07 ATTORNEY Appearance for Defendants Fragraty, Hersance, KinsZoo, Lottsall, Romandaofficial by Christopher Paul Keleher
40 2024-02-07 MOTION by Defendants Fragraty, Hersance, KinsZoo, Lottsall, Romandaofficial for extension of time to file answer regarding complaint 1 UNOPPOSED
41 2024-02-07 ATTORNEY Appearance for Defendants 66FIT Sports, CarLen, Lieberwell, Silegusta, WestStars Health by Christopher Paul Keleher
42 2024-02-07 MOTION by Defendants 66FIT Sports, CarLen, Lieberwell, Silegusta, WestStars Health for extension of time to file answer regarding complaint 1 UNOPPOSED
43 2024-02-08 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants Fragraty (No. 179), Hersance (No. 192), Kinszoo (No. 210), RomandaOfficial (No. 214), and Lottsall (No. 146) unopposed first motion for extension of time to answer or otherwise plead 40 is granted. Defendants Fragraty, Hersance, Kinszoo, RomandaOfficial, and Lottsall's answer or other responsive pleading due 02/28/2024. Mailed notice
44 2024-02-08 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants 66FIT Sports, WestStars Health, Silegusta, CarLen, and Lieberwell's unopposed first motion for extension of time to answer or otherwise plead 42 is granted. Defendants 66FIT Sports, WestStars Health, Silegusta, CarLen, and Lieberwell's answer or other responsive pleading due 02/28/2024. Mailed notice
45 2024-02-09 ATTORNEY Appearance for Defendant Blueocean Furniture by Zheng Gong
46 2024-02-09 MOTION by Defendant Flamingo Casa for extension of time to file answer regarding complaint 1 UNOPPOSED
47 2024-02-09 MOTION by Defendant Blueocean Furniture for extension of time to file answer regarding complaint 1
48 2024-02-12 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendant Flamingo Casa's (Defendant No. 155) unopposed motion for extension of time to answer or otherwise plead 46 is granted. Defendant Flamingo Casa's answer or responsive pleading due 03/01/2024. Mailed notice
49 2024-02-12 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Defendant Blueocean Furniture's (Defendant No. 175) motion for extension of time to answer or otherwise plead 47. In the motion, Defendant Blueocean Furniture reports that it contacted counsel for Plaintiff regarding the motion, but counsel for Plaintiff had not responded as of this filing. The Court grants Defendant Blueocean Furniture's request to answer or otherwise respond by 03/08/2024. Mailed notice
50 2024-02-12 ATTORNEY Appearance for Defendant Elaine Direct by Ronald Joseph Hurley
51 2024-02-12 MOTION by Defendant Elaine Direct for extension of time Unopposed
52 2024-02-13 MINUTE entry before the Honorable Franklin U. Valderrama:For the reasons stated in the motion, Defendant Elaine Direct's (No. 16) first motion for extension of time to answer or otherwise plead 51 is granted. In the motion, Defendant Elaine Direct reports that it contacted counsel for Plaintiff regarding the motion, but counsel for Plaintiff had not responded as of this filing. The Court grants Defendant Elaine Direct's request to answer or otherwise respond by 03/04/2024. Mailed notice
53 2024-03-01 MOTION by Defendant Flamingo Casa for extension of time to file answer regarding amended complaint 8
54 2024-03-04 NOTICE by Elaine Direct
55 2024-03-04 MOTION by Defendant Elaine Direct for extension of time to file answer regarding complaint 1 Unopposed 2nd motion
56 2024-03-05 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendant Flamingo Casa's (Defendant No. 155) motion for extension of time to answer or otherwise plead 53 is granted. In the motion, Defendant reports that it contacted counsel for Plaintiff regarding the motion, but counsel for Plaintiff had not responded as of this filing. Defendant Flamingo Casa's answer or responsive pleading is now due 03/29/2024. Emailed notice
57 2024-03-05 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in motion, the Court grants the Unopposed Second Motion of Defendant Elaine Direct for Extension of Time to Answer or Otherwise Plead 55. Defendant Elaine Direct's deadline to answer or otherwise respond is extended to 03/25/2024. Emailed notice
58 2024-03-06 ATTORNEY Appearance for Defendants Hengqi Store, XiaoMaGe Store by Nicholas S. Lee
59 2024-03-06 ATTORNEY Appearance for Defendants Hengqi Store, XiaoMaGe Store by Sameeul Haque
60 2024-03-08 MOTION by Defendant Blueocean Furniture for extension of time to file answer regarding amended complaint 8 UNOPPOSED
61 2024-03-08 MOTION by Defendants Fragraty, Hersance, KinsZoo, Lottsall, Romandaofficial for extension of time to file answer regarding complaint 1
62 2024-03-08 MOTION by Defendants 66FIT Sports, CarLen, Lieberwell, Silegusta, WestStars Health for extension of time to file answer regarding complaint 1
63 2024-03-08 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. without prejudice as to a certain Defendant
64 2024-03-11 MOTION by Defendants Hengqi Store, XiaoMaGe Store for extension of time to Respond to Complaint.
65 2024-03-12 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions, the Court grants the following motions: (1) Defendant Blueocean Furniture (Defendant No. 175)'s unopposed motion for extension of time to answer or otherwise plead 60 ; (2) Defendants Fragraty (No. 179), Hersance (No. 192), Kinszoo (No. 210), RomandaOfficial (No. 214), and Lottsall (No. 146)'s second motion for extension of time to answer or otherwise plead 61 ; (3) Defendants, 66FIT Sports, WestStars Health, Silegusta, CarLen, and Lieberwell's second motion for extension of time to answer or otherwise plead 62 ; and (4) Defendants HengQi Store and XiaoMaGe Store's motion for extension of time to respond to complaint 64. As requested in the motions, Defendant Blueocean Furniture (Defendant No. 175)'s responsive pleading is due on or before 4/5/2024; Defendants Fragraty (No. 179), Hersance (No. 192), Kinszoo (No. 210), RomandaOfficial (No. 214), Lottsall (No. 146), 66FIT Sports, WestStars Health, Silegusta, CarLen, and Lieberwell's responsive pleadings are due on or before 3/29/2024; and Defendants HengQi Store and XiaoMaGe Store's responsive pleadings are due on or before 4/1/2024. Emailed notice
66 2024-03-19 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
67 2024-03-21 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
68 2024-03-29 MOTION by Defendants CarLen, Lieberwell for extension of time to file answer regarding complaint 1 AGREED
69 2024-03-29 MOTION by Defendants Fragraty, Hersance, KinsZoo, Lottsall, Romandaofficial for extension of time to file answer regarding complaint 1 AGREED
70 2024-03-29 MOTION by Defendant Flamingo Casa for extension of time to file answer regarding amended complaint 8 UNOPPOSED
71 2024-04-01 MOTION by Defendants Hengqi Store, XiaoMaGe Store for extension of time to Respond to Complaint (Second Unopposed)
72 2024-04-02 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants CarLen and Lieberwell's motion for extension 68 is granted. Defendants' answer or otherwise response to the Complaint is due by April 19, 2024. Emailed notice
73 2024-04-02 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants Fragraty, Hersance, KinsZoo, Lottsall, and Romanda's motion for extension 69 is granted. Defendants' answer or otherwise response to the Complaint is due by April 19, 2024. Emailed notice
74 2024-04-02 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendant Flamingo Casa's unopposed motion for extension 70 is granted. Defendant's answer or otherwise response to the Complaint is due by April 30, 2024. Emailed notice
75 2024-04-02 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants Hengqi Store and XiamMaGe Store's motion for extension 71 is granted. Defendants' answer or otherwise response to the Complaint is due by 5/01/24. Emailed notice
76 2024-04-05 MOTION by Defendant Blueocean Furniture for extension of time to file answer regarding amended complaint 8
77 2024-04-05 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
78 2024-04-08 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant Blueocean Furniture's motion for extension of time to answer or otherwise plead 76. The deadline for Defendant to answer or otherwise plead is extended to 4/30/2024. Mailed notice.
79 2024-04-12 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
80 2024-04-19 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
[+] 81 2024-04-25 MOTION by Defendants CarLen, Fragraty, Hersance, KinsZoo, Lieberwell, Lottsall, Romandaofficial Modify Asset Restraint
82 2024-04-26 MINUTE entry before the Honorable Franklin U. Valderrama: The Court is in receipt of Defendants' motion to modify the asset restraint 81, and it enters the following briefing schedule: Plaintiff's response is due by 5/3/24. Defendants' reply is due by 5/9/24. Mailed notice
83 2024-04-29 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
84 2024-04-30 MOTION by Defendant Blueocean Furniture for extension of time to file answer regarding amended complaint 8
85 2024-04-30 ANSWER to amended complaint, COUNTERCLAIM filed by XiaoMaGe Store, Hengqi Store against Bala Bangles, Inc. by XiaoMaGe Store, Hengqi Store
86 2024-04-30 ATTORNEY Appearance for Defendants Hengqi Store, XiaoMaGe Store by Lance Y. Liu
87 2024-05-01 MINUTE entry before the Honorable Franklin U. Valderrama: Defendant Blueocean Furniture's motion for extension 84 is granted. The deadline for Defendant to answer or otherwise respond to Plaintiff's amended complaint is 5/31/24. Mailed notice.
88 2024-05-07 MOTION by Defendants CarLen, Fragraty, Hersance, KinsZoo, Lieberwell, Lottsall, Romandaofficial TO MODIFY ASSET RESTRAINT (JOINT MOTION)
89 2024-05-08 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants parties' consented joint motion to modify asset restraint 88. Mailed notice
90 2024-05-08 ENTER ORDER granting parties' consented joint motion to modify asset restraint 88. Signed by the Honorable Franklin U. Valderrama on 5/8/2024: Mailed notice
91 2024-05-14 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
92 2024-05-20 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to a certain Defendant
93 2024-05-21 MOTION by Plaintiff Bala Bangles, Inc. for extension of time to answer or otherwise respond to defendants' counterclaims 85
94 2024-05-21 MINUTE entry before the Honorable Franklin U. Valderrama: The Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Counterclaims 93 is granted. On or before 06/04/2024, Plaintiff-Counterclaims Defendant shall file an answer or other pleading. Mailed notice.
95 2024-05-24 MINUTE entry before the Honorable Franklin U. Valderrama: Defendants' motion to modify the asset restraint 81 is moot, as the Court granted the parties' consented joint motion to modify asset restraint 90. Notices Mailed.
96 2024-05-28 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
97 2024-05-31 MOTION by Defendant Blueocean Furniture for extension of time to file answer regarding amended complaint 8 UNOPPOSED
98 2024-06-02 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
99 2024-06-03 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant Bleuocean Furniture's unopposed motion for extension of time to answer or otherwise plead 97. Defendant must answer or otherwise respond to Plaintiff's complaint by 6/28/24. Mailed notice.
100 2024-06-04 MOTION by Counter Defendant Bala Bangles, Inc. for extension of time to answer or otherwise respond to defendants' counterclaims 85
101 2024-06-05 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff's unopposed second motion for extension of time to answer or otherwise respond to counterclaims 100 is granted. Plaintiff's deadline to answer or otherwise respond to Defendants' counterclaims is 6/18/24. Mailed notice.
102 2024-06-07 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to a certain Defendant
103 2024-06-18 STIPULATION of Dismissal with prejudice as to certain Defendants
104 2024-06-28 MOTION by Defendant Blueocean Furniture for extension of time to file answer regarding amended complaint 8 UNOPPOSED
105 2024-07-01 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant Blueocean Furniture's unopposed motion for extension of time to answer or otherwise plead 104. Defendant must answer or otherwise plead by 8/2/24. Mailed notice.
106 2024-07-05 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
107 2024-07-18 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
108 2024-08-01 MOTION by Defendant Blueocean Furniture for extension of time to file answer regarding amended complaint 8 UNOPPOSED
109 2024-08-02 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Defendant Blueocean Furniture's unopposed motion for extension of time to answer or otherwise plead 108. Defendant must answer or otherwise respond to the complaint by 9/13/2024. Mailed notice.
110 2024-08-11 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to a certain Defendant
111 2024-08-30 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
[+] 112 2024-09-10 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Blueocean Furniture and to Dissolve Preliminary Injunction
113 2024-09-11 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's Motion to Dismiss for Failure to State a Claim 112 : Plaintiff's response due 10/02/2024; Defendant's reply due 10/16/2024. Mailed notice.
114 2024-09-23 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
[+] 115 2024-10-02 RESPONSE by Bala Bangles, Inc.in Opposition to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Blueocean Furniture and to Dissolve Preliminary Injunction 112
116 2024-10-16 REPLY by Blueocean Furniture to response in opposition to motion, 115 DEFENDANT #175 BLUEOCEAN FURNITURES REPLY IN SUPPORT OF ITS MOTION TO DISMISS AND TO DISSOLVE PRELIMINARY INJUNCTION
117 2024-10-30 ATTORNEY Appearance for Defendants Lottsall, Fragraty, CarLen, Hersance, KinsZoo, Romandaofficial, Lieberwell by Pete Scott Wolfgram
118 2024-11-05 MOTION by Defendants Lottsall, Fragraty, CarLen, Hersance, KinsZoo, Romandaofficial, Lieberwell to vacate order 33 (Preliminary Injunction Order, dated January 22, 2024)
119 2024-12-27 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 Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.
120 2025-02-11 ATTORNEY Appearance for Plaintiff Bala Bangles, Inc. by John Joseph Mariane, IV
121 2025-02-13 ATTORNEY Appearance for Plaintiff Bala Bangles, Inc. by Gouthami Vanam Tufts
122 2025-04-04 NOTICE of Voluntary Dismissal by Bala Bangles, Inc. with prejudice as to certain Defendants
123 2025-04-08 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendants Lottsall, Fragraty, CarLen, Hersance, KinsZoo, Romandaofficial, and Lieberwell's motion to vacate the preliminary injunction order 118 : Plaintiff's response is due on or before 4/21/2025; Defendants' reply is due on or before 5/5/2025. Mailed notice.
[+] 124 2025-04-08 MOTION by Plaintiff Bala Bangles, Inc. for entry of default as to certain defendants, MOTION by Plaintiff Bala Bangles, Inc. for default judgment as to certain defendants
[+] 125 2025-04-08 MEMORANDUM by Bala Bangles, Inc. in support of motion for entry of default, motion for default judgment, 124 as to certain defendants
126 2025-04-14 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's Motion for Entry of Default and Default Judgment 124. Statutory damages are awarded in the amount as indicated in the order per each distinct Defaulting Defendant. Enter Default Judgment Order. By 5/16/25, Plaintiff is directed to file a status report as to the status of the case against the remaining defendants. To obtain release of the bond previously posted in this action, Plaintiff's counsel must file a motion for the return of the bond once the preliminary injunction no longer applies to any Defendant. Mailed notice.
127 2025-04-14 DEFAULT JUDGMENT ORDER: Signed by the Honorable Franklin U. Valderrama on 4/14/2025. Mailed notice.
128 2025-05-16 STATUS Report by Bala Bangles, Inc.
129 2025-06-25 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the parties' status report 128, Plaintiff and Defendants 146. Lottsall, 179. Fragraty, 182. CarLen, 192. Hersance, 210. KinsZoo, 214. Romandaofficial, and 215. Lieberwell (the "Wolfgram Defendants"), who collectively filed a motion to vacate the preliminary injunction (the "Motion to Vacate") 118, were in settlement discussions and were confident they would reach a settlement in principle within two weeks of the filing of the joint status report. On or before 7/1/2025, the Court directs Plaintiff and the Wolfgram Defendants to file either (1) the appropriate dismissal paperwork, or (2) a status report regarding the status of settlement negotiations. The Court advises the parties that is has the fully briefed motion to dismiss filed by 175. Blueocean Furniture 112 under advisement. Mailed notice.
130 2025-07-01 STIPULATION of Dismissal as to Defendants 146. Lottsall, 179. Fragraty, 182. CarLen, 192. Hersance, 210. KinsZoo, 214. Romandaofficial, and 215. Lieberwell (the "Wolfgram Defendants") (Sullivan, Ann Marie)
131 2025-07-14 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the stipulation of dismissal 130, this case is dismissed with prejudice as to Defendants Lottsall, Fragarty, CarLen, Hersance, Kinszoo, Romadndaofficial, and Lieberwell (Defendants). Each party agrees to bear its own costs and attorneys' fees. Defendants motion to vacate the preliminary injunction 118 is denied as moot. Defendant Blueocean Furniture's motion to dismiss and to dissolve the preliminary injunction 112 remains under advisement. Mailed notice.
132 2025-09-12 MOTION by Plaintiff Bala Bangles, Inc. to deposit funds
133 2025-09-15 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's motion to deposit funds 132, in which it states that Amazon inadvertently wired funds from Defendant blueoceanfurniture's Amazon account as a result of the preliminary injunction 33. Plaintiff requests that the Court deposit the inadvertently transferred funds into the Registry of the Court for the duration of the litigation. While the Court would typically honor the asset restraint, which it itself granted, here, Defendant blueoceanfurniture has a pending motion to dismiss and motion to resolve the preliminary injunction, which are colorable and which the Court has taken under advisement. Under these circumstances, the Court denies Plaintiff's request to deposit the assets with the Registry of the Court 132, and orders Plaintiff to return these funds to blueoceanfurniture. Mailed notice.
134 2025-09-26 ORDER: For the reasons in the accompanying Order, the Court grants Defendant Blueocean's motion 112 to (1) dismiss the First Amended Complaint without prejudice, and (2) dissolve the preliminary injunction entered against Blueocean on January 22, 2024. The Court denies Blueocean's request for sanctions against Plaintiff and its counsel. If Plaintiff decides to file a Second Amended Complaint, it must do so on or before 10/10/2025. Signed by the Honorable Franklin U. Valderrama on 9/26/2025. Mailed notice.
135 2025-10-07 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the Court's order 134, Plaintiff's amended complaint is due by 10/10/2025. Plaintiff is additionally instructed to file a status report by 10/10/2025 as to the status of the proceedings as to any remaining defendants. Mailed notice.
136 2025-10-10 STATUS Report by Bala Bangles, Inc.
[+] 137 2025-10-10 Second AMENDED complaint by Bala Bangles, Inc. against Blueocean Furniture
[+] 138 2025-10-21 SUMMONS Returned Executed by Bala Bangles, Inc. as to Blueocean Furniture on 10/21/2025, answer due 11/11/2025.
139 2025-10-30 FULL SATISFACTION of Judgment as to certain Defendant