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2022-cv-10784

Hairu Ma v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified On Schedule A Hereto

法院：纽约南区法院
发案日期：2022-12-21
原告：HAIRU MA
代理律所：Rosenbaum
诉讼类型：专利
# Date Description
1 2022-12-21 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-27121155)Document filed by hairu ma. Modified on 12/22/2022
2 2022-12-21 CIVIL COVER SHEET filed.
3 2022-12-21 MOTION for Leave to File Case Under Seal. Document filed by hairu ma. Return Date set for 12/21/2022 at 05:05 PM.
4 2022-12-21 ***EX-PARTE***FIRST MOTION for Temporary Restraining Order. Document filed by hairu ma.Motion or Order to File Under Seal: 3. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
5 2022-12-21 ***EX-PARTE***PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by hairu ma. Related Document Number: 4. Motion or Order to File Under Seal: 3. Proposed Order to be reviewed by Clerk's Office staff.
6 2022-12-21 ***EX-PARTE*** RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by hairu ma.Motion or Order to File Under Seal: 3.
7 2022-12-21 ***EX-PARTE*** MOTION for Leave to File Excess Pages. Document filed by hairu ma.Motion or Order to File Under Seal: 3.
8 2022-12-21 ***EX-PARTE***DECLARATION of C.J. Rosenbaum in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by hairu ma. Motion or Order to File Under Seal: 3.
9 2022-12-21 ***EX-PARTE***DECLARATION of A. Ismael in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by hairu ma. Motion or Order to File Under Seal: 3.
[+] 10 2022-12-21 ***EX-PARTE***DECLARATION of C.J. Rosenbaum in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by hairu ma. Motion or Order to File Under Seal: 3.
11 2022-12-22 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Filing Fee $ 402.00, Receipt Number ANYSDC-27125071)Document filed by Hairu Ma.
12 2022-12-22 ***EX-PARTE***AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.Motion or Order to File Under Seal: 3.
[+] 13 2022-12-22 CIVIL COVER SHEET filed.
[+] 14 2022-12-27 ORDER with respect to 4 Motion for TRO; with respect to 3 Motion for Leave to File Case Under Seal. On December 21, 2022, Plaintiff filed a Complaint, a motion for leave to file the case under seal, and an ex parte motion seeking entry of a Temporary Restraining Order. See ECF Nos. 1, 3, 4. On December 23, 2022, the case was reassigned to the undersigned. It is hereby ORDERED that Plaintiff shall appear for a conference with the Court on January 4, 2023, at 3:15 p.m. Plaintiff should be prepared to discuss the following: Whether the allegations in the Complaint are sufficient for the Court to exercise personal jurisdiction over Defendants. See, e.g., Spin Master Ltd. v. 158, 463 F. Supp. 3d 348 (S.D.N.Y. 2020). Whether there is a basis for granting a temporary restraining order without notice to Defendants, including whether Plaintiff has demonstrated the "immediate and irreparable injury, loss, or damage." Fed. R. Civ. P. 65(b)(1). Whether Plaintiff has demonstrated a likelihood of success on the merits. The conference will be held remotely by telephone in accordance with Rule 3.B of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m- furman. Plaintiff should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 3(B)(i), which requires parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/27/2022)
[+] 15 2023-01-03 ***EX-PARTE***DECLARATION of d. levine in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3.
16 2023-01-05 ***EX-PARTE***DECLARATION of d. levine in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3.
[+] 17 2023-01-06 ***EX-PARTE***NOTICE of store sales. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3.
[+] 18 2023-01-06 ***EX-PARTE***DECLARATION of D. Levine in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3.
19 2023-01-09 ORDER granting 7 Motion for Leave to File Excess Pages; granting 3 Motion for Leave to File Case Under Seal. Plaintiff's motion is GRANTED. To conform the docket to the motion, however, the Clerk of Court is directed to unseal ECF Nos. 3-10, 12, 15-16, 17-main, and 18-main. (To be clear: In the case of ECF Nos. 17 and 18, the main documents should be unsealed, but the exhibits should remain under seal, with viewing restricted to the filing party and the Court). Additionally, the Clerk of Court is directed to seal ECF No. 11 (that is, to change the viewing restrictions to the filing party and the Court). Finally, Plaintiff shall file an unsealed copy of the Complaint, without Schedule A attached, by January 11, 2023. Additionally, Plaintiff's motion for enlarged page limits, ECF No. 7, is GRANTED nunc pro tunc. The Clerk of Court is directed to terminate ECF Nos. 3 and 7. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/9/23)
[+] 20 2023-01-09 TEMPORARY RESTRAINING ORDER granting 4 Motion for TRO. Effective immediately, the Court further ORDERS as follows: Defendants, their affiliates, officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under, or in active concert with them are temporarily enjoined and restrained from: a. Using the PEN HOLDER copyrights or any reproductions, counterfeit copies, or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine PEN HOLDER product or is not authorized by Plaintiff to be sold in connection with the PEN HOLDER copyrights; b. passing off, inducing, or enabling others to sell or pass off any product as a genuine PEN HOLDER product that is not Plaintiff' or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale under the PEN HOLDER copyrights; committing any acts calculated to cause consumers to believe that Defendants' counterfeit PEN HOLDER products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff; d. further infringing the PEN HOLDER copyrights and damaging Plaintiff' goodwill and as further set forth in this Order. Defendants, within fourteen (14) days after service of judgment with notice of entry thereof upon them, are required to file with the Court and serve upon Plaintiff a written report under oath setting forth in detail the manner and form in which Defendants have complied with paragraph 1 above. Those in privity with Defendants and those with notice of the injunction, including any online marketplaces such as Amazon, social media platforms such as Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing and Yahoo, shall within five (5) days of receipt of this Order: a. disable and cease providing services for any accounts through which Defendants engage in the sale of counterfeit PEN HOLDER products using the PEN HOLDER copyrights, including any accounts associated with the Defendants listed on Schedule A; b. disable and cease displaying any advertisements used by or associated with Defendants in connection with the sale of counterfeit PEN HOLDER products using the PEN HOLDER copyrights; and c. take all steps necessary to prevent links to the Defendant Domain Names identified on Schedule A from displaying in search results, including, but not limited to, removing links to the Defendant Domain Names from any search index. Paragraph 3, and any other substantive reference to the "Defendant Domain Names" are stricken because Plaintiff does not indicate in its supporting papers that Defendants own or operate their own websites. Instead, Defendants seem to sell the products at issue only on third-party websites. Defendants and any persons in active concert or participation with them who have actual notice of this Order shall be temporarily restrained and enjoined from transferring or disposing of any money or other of Defendants' assets until further ordered by this Court. Amazon Payments Inc ("Amazon") and PayPal shall, within five (5) days of receipt of this Order: a. Locate all accounts and funds connected to Defendants, Defendants' Online Marketplace Accounts or Defendants' websites, including, but not limited to, any accounts connected to the information listed in Schedule A hereto; Restrain and enjoin such accounts from receiving, transferring or disposing of any money or other of Defendants assets until further ordered by this Court. Defendants and any third party with actual notice of this Order who is providing services for any of the Defendants, or including, without limitation, any online marketplace platforms such as Amazon, Facebook, internet service providers, web hosts, back-end service providers, web designers, sponsored search engine or ad-word providers, banks, merchant account providers, including Amazon, PayPal and Payoneer, third party processors and other payment processing service providers, shippers, and domain name registrars shall, within fourteen (14) days after receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control relating to: a. The identities and locations of Defendants, their agents, servants, employees, confederates, attorneys, and any persons acting in concert or participation with them, including all known contact information; b. the nature of Defendants operations and all associated sales and financial information, including, without limitation, identifying information associated with the Online Marketplace Accounts, the Defendant Domain Names, and Defendants' financial accounts, as well as providing a full accounting of Defendants' sales and listing history related to their respective Online Marketplace Accounts and Defendant Domain Names and as further set forth in this Order. Plaintiff may provide notice of these proceedings to Defendants, including notice of the status hearing and service of process pursuant to Rule 4(f) of the Federal Rules of Civil Procedure and Articles 1 and 15 of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the "Hague Convention"), by electronically publishing a link to the Complaint, this Order and other relevant documents on a website or by sending an e-mail to any e-mail addresses provided for Defendants by third parties that includes a link to said website. The Clerk of Court is directed to issue a single original summons naming the individual defendants listed on Schedule A, ECF No. 11. Plaintiff should contact the SDNY Finance/Cashier Office to obtain the summons in-person. Schedule A to the Complaint and Exhibit 2 to the Declaration of Ahmed Ismael shall remain sealed. Unless the Court orders otherwise, Plaintiff shall file unsealed versions of Schedule A to the Complaint and Exhibit 2 to the Declaration of Ahmed Ismael using the CM/ECF system no later than January 18, 2023. Plaintiff shall deposit with the Court Twenty Thousand Dollars $20,000.00 either cash, cashier's check or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. IT IS FURTHER ORDERED that a hearing shall be held on January 23, 2023 at 11:00 a.m. which Plaintiff may present their motion for a preliminary injunction. The hearing shall proceed by teleconference as described below. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before January 19, 2023 at 5:00 p.m. This Temporary Restraining Order without notice is entered at 1:15 p.m. on January 9, 2023, and shall remain in effect for fourteen (14) days. The hearing will take place remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send an email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Plaintiff is hereby ORDERED to submit a proposed preliminary injunction order by no later than January 19, 2023, at noon. The Clerk of Court is directed to terminate ECF No. 4. (Signed by Judge Jesse M. Furman on 1/9/23) (yv) Transmission to Civil Case Openings Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
[+] 21 2023-01-10 FILING ERROR - DEFICIENT DOCKET ENTRY FILED AGAINST ERROR COMPLAINT against Hairu Ma. Document filed by Hairu Ma. Modified on 1/10/2023
22 2023-01-17 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. Document filed by Hairu Ma.
23 2023-01-17 ***EX-PARTE***REQUEST FOR ISSUANCE OF SUMMONS as to all defendants listed on schedule A, re: 22 Complaint. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3.
24 2023-01-17 FIRST LETTER addressed to Judge Jesse M. Furman from Cory Rosenbaum dated January 17, 2023 re: adjournment of deadlines. Document filed by Hairu Ma.
[+] 25 2023-01-17 MEMO ENDORSEMENT on re: 24 Letter filed by Hairu Ma, ENDORSEMENT: The Temporary Restraining Order in this case is extended to February 8, 2023, as the Court finds, pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, good cause exists, namely to give Plaintiffs additional time to identify Defendants. Accordingly, the preliminary injunction hearing is hereby ADJOURNED to February 8, 2023, at 11:00 a.m. Plaintiff's proposed preliminary injunction order is due by February 6, 2023, at noon; Defendants' opposition papers are due by the same date at 5:00 p.m.; and unsealed versions of Schedule A to the Complaint and Exhibit 2 to the Declaration of Ahmed Ismael are due by February 3, 2023. Plaintiff shall serve a copy of this endorsed letter on Defendants with its preliminary injunction motion papers. Finally, Plaintiff is reminded that requests for relief must be filed as letter-motions, and not as ordinary letters, on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/17/2023) (Status Conference set for 2/8/2023 at 11:00 AM before Judge Jesse M. Furman.)
26 2023-02-03 ***EX-PARTE***SECOND LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Cory Rosenbaum dated February 3, 2023. Document filed by Hairu Ma.Motion or Order to File Under Seal: 3.
[+] 27 2023-02-06 ORDER granting 26 Letter Motion for Extension of Time. The Temporary Restraining Order in this case is extended to February 15, 2023, as the Court finds, pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, good cause exists, namely to give Plaintiffs additional time to identify Defendants. Additionally, the preliminary injunction hearing is hereby ADJOURNED to February 15, 2023, at 2:30 p.m. The other deadlines below are hereby extended by one week. Finally, Plaintiff shall serve a copy of this endorsed letter on Defendants with its preliminary injunction motion papers. The Clerk of Court is directed to terminate ECF No. 26. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/6/23)
28 2023-02-14 ***EX-PARTE*** LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Cory J. Rosenbaum dated 2.14.23. Document filed by Hairu Ma.Motion or Order to File Under Seal: 3.
[+] 29 2023-02-15 ORDER granting 28 Letter Motion for Extension of Time. Application GRANTED. The Temporary Restraining Order is hereby extended through February 27, 2023, and the preliminary injunction hearing is ADJOURNED to February 27, 2023, at 3 p.m. The call-in information for that hearing remains the same. Any opposition papers shall be filed by February 23, 2023; Plaintiff shall file a proposed preliminary injunction order by February 24, 2023. No further extensions of these deadlines is likely to be granted and Plaintiff is cautioned that failure to adhere to any of these deadlines (as Plaintiff failed to adhere to some deadlines in the past few days) will not be looked upon kindly. The Court finds, for the reasons set forth in counsel's letter, that there is good cause to extend the Temporary Restraining Order as set forth above. Finally, Plaintiff shall serve a copy of this endorsed letter motion on Defendants with the preliminary injunction papers. The Clerk of Court is directed to terminate ECF No. 28. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/15/23)
[+] 30 2023-02-24 ***EX-PARTE***DECLARATION of A. Ismael in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3.
31 2023-02-24 ***EX-PARTE*** LETTER MOTION for Conference re: 29 Order on Motion for Extension of Time, addressed to Judge Jesse M. Furman from Cory J Rosenbaum dated February 24, 2023. Document filed by Hairu Ma.Motion or Order to File Under Seal: 3.
32 2023-02-24 ***EX-PARTE***PROPOSED ORDER. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3. Proposed Order to be reviewed by Clerk's Office staff.
33 2023-02-26 ***EX-PARTE***PROPOSED ORDER. Document filed by Hairu Ma. Related Document Number: 20. Motion or Order to File Under Seal: 3. Proposed Order to be reviewed by Clerk's Office staff.
[+] 34 2023-02-26 ***EX-PARTE***FIRST LETTER MOTION for Conference re: 33 Proposed Order addressed to Judge Jesse M. Furman from Cory Rosenbaum dated February 26, 2023. Document filed by Hairu Ma.Motion or Order to File Under Seal: 3.
35 2023-02-27 ORDER with respect to 31 Letter Motion for Conference and 34 First Letter Motion for Conference re: 33 Proposed Order: The Court will address both of Plaintiff's letter motions during the conference at 3 p.m. this afternoon, which will proceed as planned. Prior to the conference, Plaintiff shall file a redline showing all proposed changes to the TRO that is in effect. See ECF Nos. 33-34. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order)
[+] 36 2023-02-27 ***EX-PARTE***PROPOSED ORDER. Document filed by Hairu Ma. Related Document Number: 20. Motion or Order to File Under Seal: 3. Proposed Order to be reviewed by Clerk's Office staff.
[+] 37 2023-02-27 AMENDED TEMPORARY RESTRAINING ORDER The Court having considered Plaintiff's ex parte application, including all papers filed in support thereof, for the following relief, entered a temporary restraining order ("TRO") on January 9, 2023, ECF 20, and extends and revises the same herein: (1)a temporary injunction against Defendants (detailed in the Schedule A attached to the Complaint), enjoining the manufacture, importation, distribution, offering for sale, and sale of Counterfeit PEN HOLDER Products; (2)a temporary restraint of Defendants' assets to preserve Plaintiff' right to an equitable accounting; (3)an order to show cause why a preliminary injunction should not issue; (4)expedited discovery allowing Plaintiff to inspect and copy Defendants' records relating to the manufacture, distribution, offering for sale, and sale of Counterfeit PENHOLDER Products and Defendants' financial accounts; and (5)service by electronic mail and/or electronic publication (collectively, the "Ex Parte Application for TRO"); and Plaintiff has already deposited with the Court Twenty Thousand Dollars ($20,000.00), either cash, cashiers check or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. IT IS FURTHER ORDERED that a hearing shall be held on March 10, 2023, at 2:30p.m., at which Plaintiff may present its motion for a preliminary injunction. The hearing will take place remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Courts dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before March 7, 2023, at noon. This Revised Temporary Restraining Order without notice is entered at 4:30 p.m. on February 27, 2023, and shall remain in effect for fourteen (14) days. The Clerk of Court is directed to terminated ECF Nos. 31 and 34. (Telephone Conference set for 3/10/2023 at 02:30 PM before Judge Jesse M. Furman.), Motions terminated: 34 FIRST LETTER MOTION for Conference re: 33 Proposed Order addressed to Judge Jesse M. Furman from Cory Rosenbaum dated February 26, 2023. filed by Hairu Ma, 31 LETTER MOTION for Conference re: 29 Order on Motion for Extension of Time, addressed to Judge Jesse M. Furman from Cory J Rosenbaum dated February 24, 2023. filed by Hairu Ma. (Signed by Judge Jesse M. Furman on 2/27/2023) (jca) Transmission to Finance Unit (Cashiers) for processing.
[+] 38 2023-03-06 MOTION for Timothy Tiewei Wang to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-27427315. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by yuytee, Alucyu, xuuyuu (36), Pongnas, Sinbuy, Rotekt, ANGGREK, WYANG, Kireina.
39 2023-03-07 ORDER granting 38 Motion for Timothy Tiewei Wang to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order)
[+] 40 2023-03-07 RESPONSE in Opposition to Motion re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by ANGGREK, Alucyu, Kireina, Pongnas, Rotekt, Sinbuy, WYANG, xuuyuu (36), yuytee.
41 2023-03-10 ***EX-PARTE*** LETTER MOTION for Extension of Time for service addressed to Judge Jesse M. Furman from Cory Rosenbaum dated 3.10.23. Document filed by Hairu Ma.Motion or Order to File Under Seal: 3.
42 2023-03-10 ***EX-PARTE***REQUEST FOR ISSUANCE OF SUMMONS as to all defendants listed on schedule A, re: 22 Complaint. Document filed by Hairu Ma. Motion or Order to File Under Seal: 3.
43 2023-03-10 MEMO ENDORSEMENT on 41 LETTER MOTION for Extension of Time for service: The Court will address this request during the conference scheduled for this afternoon, which remains in effect. Plaintiff's counsel and Mr. Wang shall confer by telephone in advance of the conference. The Clerk of Court is directed to terminate Docket No. 41. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/2023)
44 2023-03-10 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. Document filed by Hairu Ma. Modified on 3/13/2023
[+] 45 2023-03-10 ORDER, As stated on the record during the teleconference held earlier today: The Temporary Restraining Order in this case is extended to March 24, 2023, as the Court finds, pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure, good cause exists, namely to give Plaintiff additional time to serve Defendants. The Court will hold a preliminary injunction hearing on March 24, 2023, at 11:30 a.m. The hearing will take place remotely by telephone in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Defendants shall file any opposition to the motion for a preliminary injunction by March 21, 2023, at 5:00 p.m. Plaintiff shall file a new proposed preliminary injunction order by March 23, 2023, at noon. Absent a settlement, Plaintiff's reply to the opposition papers filed at ECF No. 40 is due by March 17, 2023. Plaintiff shall serve a copy of this Order on all Defendants, in accordance with the means of service authorized by the TRO, see ECF No. 37, ¶ 8, within one business day and file proof of such service within two business days. Plaintiff shall promptly move to unseal all papers previously filed under seal unless there is a basis to keep them sealed. SO ORDERED. (Responses due by 3/21/2023, Replies due by 3/17/2023., Telephone Conference set for 3/24/2023 at 11:30 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/10/23)
46 2023-03-15 ORDER: Pursuant to the Court's March 10, 2023 Order, ECF No. 45, Plaintiff was required to serve a copy of that Order on all Defendants and file proof of such service on the docket by March 14, 2023. Additionally, Plaintiff was required to move to unseal every file on the docket that was previously filed under seal, unless there was a basis to keep the file sealed. To date, Plaintiff has done neither. As a courtesy, its deadlines to do so are EXTENDED, nunc pro tunc, to March 16, 2023. SO ORDERED. (Motions due by 3/16/2023.) (Signed by Judge Jesse M. Furman on 3/15/2023)
47 2023-03-15 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending 44 Complaint against ANGGREK, Alucyu, Kireina, Pongnas, Rotekt, Sinbuy, The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, WYANG, xuuyuu (36), yuytee with JURY DEMAND.Document filed by Hairu Ma. Related document: 44 Complaint. Modified on 3/16/2023
[+] 48 2023-03-15 DECLARATION of Ahmed Ismael in Support re: 4 FIRST MOTION for Temporary Restraining Order. Document filed by Hairu Ma.
[+] 49 2023-03-15 NOTICE of service of 3.10.23 Order to all Defendants re: 45 Order, Set Deadlines/Hearings. Document filed by Hairu Ma.
[+] 50 2023-03-19 COMPLAINT against ANGGREK, Alucyu, Kireina, Pongnas, Rotekt, Sinbuy, The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, WYANG, xuuyuu (36), yuytee. Document filed by Hairu Ma.
51 2023-03-22 ORDER: Pursuant to the Court's March 10, 2023 Order, Plaintiff was required, absent a settlement with Defendants yuytee, Alucy, xuuyuu, Pongnas, Sinbuy-us, Rotekt1740, ANGGREK K-US, WYANG, and Kireinaa ("Opposing Defendants"), to reply to Opposing Defendants' opposition brief, ECF No. 40, by March 17, 2023. See ECF No. 45. To date, Plaintiff has neither indicated that the parties settled nor filed a reply. No later than March 23, 2023, at 5 p.m., Plaintiff shall update the Court as to their claims against Opposing Defendants. Plaintiff is also reminded that its proposed preliminary injunction order is due by March 23, 2023, at noon. Additionally, Plaintiff's counsel seems to have misunderstood the Court's directive to "move to unseal every file on the docket that was previously filed under seal, unless there is a basis to keep [the file] sealed." ECF No. 45 (emphasis added); see also ECF No. 46. Plaintiff's counsel should not refile everything that was previously filed under seal; instead, Plaintiff's counsel should file a letter-motion on the docket identifying every document under seal (by docket number) and requesting that the Court unseal the documents. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/22/2023)
[+] 52 2023-03-22 FIRST LETTER MOTION for Leave to File unseal docket entries per ECF 51 to clerk and also addressed to Judge Jesse M. Furman from Cory J. Rosenbaum dated 3.22.23., LETTER MOTION to Seal addressed to Judge Jesse M. Furman from Cory J. Rosenbaum dated 3.22.23. Document filed by Hairu Ma.
[+] 53 2023-03-22 FIRST LETTER addressed to Judge Jesse M. Furman from Cory Rosenbaum dated 3.22.23 re: status of Defendants represented by T. Wang. Document filed by Hairu Ma.
[+] 54 2023-03-23 PROPOSED ORDER. Document filed by Hairu Ma. Related Document Number: 51. Proposed Order to be reviewed by Clerk's Office staff.
55 2023-03-23 ORDER terminating 52 Letter Motion for Leave to File Document; terminating 52 Letter Motion to Seal. Most of the documents Plaintiff asks the Court to unseal are not under seal. Moreover, Plaintiff does not ask the Court to unseal most of the documents that are actually under seal, but provides no basis for why they should remain under seal. Upon review, the Court intends to unseal every document on the docket. If Plaintiff disagrees, it should be prepared to discuss at the hearing tomorrow each document that it believes should remain under seal, and why. The Clerk of Court is directed to terminate ECF No. 52. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/23/23)
[+] 56 2023-03-24 PRELIMINARY INJUNCTION ORDER. This Court finds Plaintiff has provided notice to Defendants in accordance with the Temporary Restraining Order entered January 9, 2023 (ECF 20) ("TRO"), the Order entered on March 10, 2023 (ECF 45); and Federal Rule of Civil Procedure 65(a)(1). This Court also finds, in the absence of adversarial presentation, that it has personal jurisdiction over Defendants because Defendants directly target their business activities toward consumers in the United States, including New York. Specifically, Plaintiff has provided a basis to conclude that Defendants have targeted sales to New York residents by setting up and operating e-commerce stores that target United States consumers using one or more seller aliases, offer shipping to the United States, including New York, and have sold products infringing his rights under his design patent for a pen or pencil holder of a unique and attractive design. Products of the patented design have been widely copied and sold without authorization in the United States as well as into and within this jurisdiction without a license or permission by Plaintiff. Here, Plaintiff has presented screenshot evidence that each Defendant e-commerce store is reaching out to do business with New York residents by operating one or more commercial, interactive internet stores through which New York residents can and do purchase products that utilize Plaintiff's Copyrighted Works. This Court also finds that the injunctive relief previously granted in the TRO should remain in place through the pendency of this litigation and that issuing this Preliminary Injunction is warranted under Federal Rule of Civil Procedure 65. Evidence submitted in support of this Motion and in support of Plaintiff's previously granted Motion for Entry of a TRO establishes that Plaintiff has demonstrated a likelihood of success on the merits; that no remedy at law exists; and that Plaintiff will suffer irreparable harm if the injunction is not granted. This Court orders that: 1. Defendants, their officers, agents, servants, employees, attorneys, and all persons acting for, with, by, through, under, or in active concert with them be preliminarily enjoined and restrained from: a. using the Patented Works or any reproductions, counterfeit copies, or colorable imitations in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine product made by Plaintiff or not authorized by Plaintiff to be sold; b. passing off, inducing, or enabling others to sell or pass off any product as a genuine product made by Plaintiff, that is not Plaintiff's or not produced under the authorization, control, or supervision of Plaintiff and approved by Plaintiff for sale; c. committing any acts calculated to cause consumers to believe that Defendants' products are those sold under the authorization, control, or supervision of Plaintiff, or are sponsored by, approved by, or otherwise connected with Plaintiff and as further set forth in this Order. Defendants shall not transfer or dispose of any money or other of Defendants' assets in any of Defendants' financial accounts. Any Third Party Providers, including, without limitation, PayPal, Alipay, Alibaba, Ant Financial,Wish.com, and Amazon Pay, shall, within seven (7) calendar days of receipt of this Order: a.locate all accounts and funds connected to Defendants' seller aliases, including, but not limited to, any financial accounts connected to the information listed in Schedule A hereto and any e-mail addresses provided for Defendants by third parties; and b.restrain and enjoin any such accounts or funds from transferring or disposing of any money or other of Defendants' assets until further order by this Court. The foregoing paragraphs of this Order apply to all Defendants remaining in the case.** Except for Defendants yuytee, Alucy, xuuyuu, Pongnas, Sinbuy-us, Rotekt1740, ANGGREK K-US, WYANG, and Kireinaa, which are EXCLUDED from this Preliminary Injunction Order. Plaintiff shall file a status update on next steps by March 31, 2023, and again one month thereafter. The Clerk of Court is directed to unseal (i.e., convert to public view) all docket entries that are currently restricted --- i.e., ECF Nos. 10, 11, 17, 18, 23, 26, 28, 30-34, 36, 41, and 42 --- along with any attachments to those filings. IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 3/24/23)
[+] 57 2023-03-31 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) ANGGREK, Alucyu, Kireina, Pongnas, Rotekt, Sinbuy, xuuyuu (36), yuytee. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
[+] 58 2023-03-31 FIRST LETTER addressed to Judge Jesse M. Furman from Cory Rosenbaum dated 3.31.23 re: status report. Document filed by Hairu Ma.
59 2023-04-03 MEMO ENDORSEMENT on re: 58 Letter status report filed by Hairu Ma. ENDORSEMENT: Notwithstanding any prior Order to the contrary, the Clerk of Court is authorized to issue any Summons to Plaintiff electronically. Plaintiff is reminded that its next status update is due April 28, 2023. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/3/23) (yv) Transmission to Civil Case Openings Clerk for processing.
60 2023-04-03 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Defendants listed in Rider, re: 50 Complaint. Document filed by Hairu Ma. Modified on 4/4/2023
[+] 61 2023-04-03 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1) as further set forth in this Order. Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the above mentioned Defendants as parties. SO ORDERED., (Pongnas and yuytee terminated.) (Signed by Judge Jesse M. Furman on 4/3/23)
62 2023-04-05 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to 18380115487, 6DU Digital Store, ALSMT Store, ANGGREK, Abydos, Adilceazo, Adilcevazmoon, Alucyu, Argissa, BL David Digital Store, Bhambare, Bogorsun, Boise, Burson Princess stationery - erasable pen Store, CactusAngui, Castro1, DACAKAN, Dream Lifestyle, EUBUY, Halyeey Earphone Store, Huntington, Joybuy, Joybuy Express, Junnan Hometextile, Kireina, Kolding, MROOFUL Official Store, MROOFUL Stationery Store, MROOFUL Store, Midesaiseng, Oregon, Orfatya, Pongnas, Rotekt, Secret of life Store, Shenzhen Bluelans Networks Technology Co., Ltd., Sinbuy, Six Feels Store, TT Digital Store, Tennessee, WYANG, Warnemunde, Yearing Life Store, Your First Selection Store, alborada store, bologna58, chenfulei111, dhjk, eachanother, echoneko, favorites, fengyushouzuo, ghf139, huangb, jiufenvily, kent5200, lijinglong, limanru, linlinstore789, mengximomeizhuang, mjm, munich, orange fly, simivalley, tanforword100, xiangpitang, xuanchenliauto, xuuyuu (36), yayazhijia, yiyoubao5866, yuytee (T), re: 50 Complaint. Document filed by Hairu Ma. Modified on 4/6/2023
[+] 63 2023-04-06 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Orfatya. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
64 2023-04-10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to DACAKAN, EUBUY, CactusAngui, Midesaiseng, xiangpitang, 6DU Digital Store, Alborada Store, ALSMT Store, BL David Digital Store, Burson Princess stationery - erasable pen Store, Halyeey Earphone Store, MROOFUL Official Store, MROOFUL Stationery Store, MROOFUL Store, Secret of life Store, TT Digital Store, Yearing Life Store, Your First Selection Store, 18380115487, Abydos, Adilceazo, Adilcevazmoon, Argissa, Bhambare, Bogorsun, boise, bologna58, Castro1, chenfulei111, dhjk, eachanother, echoneko, favorites, fengyushouzuo, ghf139, huangb, huntington, jiufenvily, Junnan Hometextile, kent5200, Kolding, lijinglong, limanru, linlinstore789, mengximomeizhuang, mjm, munich, orange fly, oregon, Shenzhen Bluelans Networks Technology Co., Ltd., simivalley, Six Feels Store, tanforword100, tennessee, Warnemunde, xuanchenliauto, yayazhijia, yiyoubao5866, Dream Lifestyle, Joybuy, Joybuy Express, re: 50 Complaint. Document filed by Hairu Ma. Modified on 4/11/2023
[+] 65 2023-04-10 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): No. 8: Orfatya Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate Defendant Orfatya as a party. SO ORDERED. Orfatya terminated. (Signed by Judge Jesse M. Furman on 4/10/2023)
66 2023-04-11 REQUEST FOR ISSUANCE OF SUMMONS as to DACAKAN, EUBUY, CactusAngui, Midesaiseng, xiangpitang, 6DU Digital Store, Alborada Store, ALSMT Store, BL David Digital Store, Burson Princess stationery - erasable pen Store, Halyeey Earphone Store, MROOFUL Official Store, MROOFUL Stationery Store, MROOFUL Store, Secret of life Store, TT Digital Store, Yearing Life Store, Your First Selection Store, 18380115487, Abydos, Adilceazo, Adilcevazmoon, Argissa, Bhambare, Bogorsun, boise, bologna58, Castro1, chenfulei111, dhjk, eachanother, echoneko, favorites, fengyushouzuo, ghf139, huangb, huntington, jiufenvily, Junnan Hometextile, kent5200, Kolding, lijinglong, limanru, linlinstore789, mengximomeizhuang, mjm, munich, orange fly, oregon, Shenzhen Bluelans Networks Technology Co., Ltd., simivalley, Six Feels Store, tanforword100, tennessee, Warnemunde, xuanchenliauto, yayazhijia, yiyoubao5866, Dream Lifestyle, Joybuy, Joybuy Express, re: 50 Complaint. Document filed by Hairu Ma.
67 2023-04-12 ELECTRONIC SUMMONS ISSUED as to 18380115487, 6DU Digital Store, ALSMT Store, Abydos, Adilceazo, Adilcevazmoon, Argissa, BL David Digital Store, Bhambare, Bogorsun, Boise, Burson Princess stationery - erasable pen Store, CactusAngui, Castro1, DACAKAN, Dream Lifestyle, EUBUY, Halyeey Earphone Store, Huntington, Joybuy, Joybuy Express, Junnan Hometextile, Kolding, MROOFUL Official Store, MROOFUL Stationery Store, MROOFUL Store, Midesaiseng, Oregon, Secret of life Store, Shenzhen Bluelans Networks Technology Co., Ltd., Six Feels Store, TT Digital Store, Tennessee, Warnemunde, Yearing Life Store, Your First Selection Store, alborada store, bologna58, chenfulei111, dhjk, eachanother, echoneko, favorites, fengyushouzuo, ghf139, huangb, jiufenvily, kent5200, lijinglong, limanru, linlinstore789, mengximomeizhuang, mjm, munich, orange fly, simivalley, tanforword100, xiangpitang, xuanchenliauto, yayazhijia, yiyoubao5866.
[+] 68 2023-04-26 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) xiangpitang. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
69 2023-04-27 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): Defendant No. 13: xiangpitang. Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the above Defendant as a party. SO ORDERED., (xiangpitang terminated.) (Signed by Judge Jesse M. Furman on 4/27/23)
70 2023-04-28 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Abydos, Warnemunde, dhjk, huangb, yayazhijia and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/1/2023
[+] 71 2023-04-28 LETTER addressed to Judge Jesse M. Furman from CJ Rosenbaum dated 4.28.23 re: status. Document filed by Hairu Ma.
72 2023-05-02 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): No. : 67 yayazhijia, No.: 40 dhjk, No.: 46 huangb, No.: 65 warnemunde, No.: 30 Abydos. Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the above mentioned Defendants as parties. SO ORDERED., (dhjk, huangb, yayazhijia, Abydos and Warnemunde terminated.) (Signed by Judge Jesse M. Furman on 5/2/23)
73 2023-05-02 ORDER: Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), by May 16, 2023. Any opposition shall be filed by June 6, 2023. The Court will schedule a show-cause hearing at a later time. In the alternative, Plaintiff can move by the same date for (1) a stay of this case pending the appeal in Smart Study Co. v. Acuteye-Us, No. 21-CV-5860 (GHW) (S.D.N.Y. appeal filed Aug. 18, 2022); or (2) additional time to effectuate service through the normal processes of the Hague Convention. (Motions due by 5/16/2023., Responses due by 6/6/2023) (Signed by Judge Jesse M. Furman on 5/2/2023)
74 2023-05-09 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) MROOFUL Official Store, MROOFUL Stationery Store, MROOFUL Store. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
75 2023-05-10 PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): Defendant #22- Mrooful Official Store, Defendant #23- Mrooful Stationery Store, and Defendant #24 Mrooful Store Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the above-mentioned Defendants as parties. SO ORDERED., (MROOFUL Store, MROOFUL Official Store and MROOFUL Stationery Store terminated.) (Signed by Judge Jesse M. Furman on 5/10/23)
76 2023-05-16 FIRST MOTION for Entry of Default as to DACAKAN, EUBUY, CactusAngui, Midesaiseng, 6DU Digital Store, Alborada Store, ALSMT Store, BL David Digital Store, Burson Princess stationery - erasable pen Store, Halyeey Earphone Store, Secret of life Store, TT Digital Store, Yearing Life Store, Your First Selection Store, 18380115487, Adilceazo, Adilcevazmoon, Argissa, Bhambare, Bogorsun, boise, bologna58, Castro1, chenfulei111, eachanother, echoneko, favorites, fengyushouzuo, ghf139, huntington, jiufenvily, Junnan Hometextile, kent5200, Kolding, lijinglong, limanru, linlinstore789, mengximomeizhuang, mjm, munich, orange fly, oregon, Shenzhen Bluelans Networks Technology Co., Ltd., simivalley, Six Feels Store, tanforword100, tennessee, xuanchenliauto, yiyoubao5866, Dream Lifestyle, Joybuy, Joybuy Express. Document filed by Hairu Ma.
77 2023-05-16 DECLARATION of L. Gillis in Support re: 76 FIRST MOTION for Entry of Default as to DACAKAN, EUBUY, CactusAngui, Midesaiseng, 6DU Digital Store, Alborada Store, ALSMT Store, BL David Digital Store, Burson Princess stationery - erasable pen Store, Halyeey Earphone Store, Secret of life St. Document filed by Hairu Ma.
78 2023-05-17 ORDER denying without prejudice to renewal 76 Motion for Entry of Default. Accordingly, Plaintiff's motion is DENIED without prejudice to renewal after Plaintiff has served Defendants through the Hague Convention. Plaintiff shall provide a status update on such service no later than November 17, 2023. Plaintiff shall serve a copy of this Order on Defendants, in accordance with the means of service authorized by the Preliminary Injunction Order, see ECF No. 56, paragraph 6, within two business days and file proof of such service within three business days. The Clerk of Court is directed to terminate ECF No. 76. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/17/2023)
79 2023-05-17 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) CactusAngui, DACAKAN, Dream Lifestyle. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
80 2023-05-18 PLAINTIFFS NOTICE OF VOLUNTARY DISMISSAL. Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, plaintiff dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): Defendant #4- Dacakan, Defendant #3- CactusAngui, and Defendant #69 Dream Lifestyle Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the above-mentioned Defendants as parties. SO ORDERED., (Dream Lifestyle, CactusAngui and DACAKAN terminated.) (Signed by Judge Jesse M. Furman on 5/18/23)
81 2023-05-31 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) EUBUY. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
82 2023-05-31 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): Defendant No. 5: Eubuy. Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the above-mentioned Defendant as a party. SO ORDERED., EUBUY terminated. (Signed by Judge Jesse M. Furman on 5/31/2023)
[+] 83 2023-07-26 FIRST MOTION to Substitute Party. Old Party: No.70, Joybuy and Defendant No.71, Joybuy Express, New Party: Defendant No. 72, Shenzhen Hoyixin Technology Co., Defendant No. 73, Shenzhen Proto Trading Co., Defendant No. 74, Shenzhen Lansi Network Technology Co., Defendant No. 75, Shenzhen Kratos Trading Co., Defendant No. 76, Shenzhen Gemini Network Technology Co., Defendant No. 77, Shenzhen Qianhai Phoenix Network Co. and Defendant No. 78, Hong Kong Phoenix Technology Co. Document filed by Hairu Ma.
84 2023-07-26 NOTICE of of Motion to Substitute Parties re: [83] FIRST MOTION to Substitute Party. Old Party: No.70, Joybuy and Defendant No.71, Joybuy Express, New Party: Defendant No. 72, Shenzhen Hoyixin Technology Co., Defendant No. 73, Shenzhen Proto Trading Co., Defendant No. 74, Shenzhen Lansi Network Techno. Document filed by Hairu Ma.
85 2023-07-28 granting 83 Motion to Substitute Party. Shenzhen Hoyixin Technology Co., Shenzhen Proto Trading Co. The Court GRANTS the Unopposed Motion. Accordingly, the Joybuy Merchant Seller Defendants identified in Exhibit 1 to Plaintiff's Unopposed Motion for Leave to Substitute and Memorandum of Law in Support are substituted for Defendant No. 70, "Joybuy" and Defendant No. 71, "Joybuy Express" (collectively, "the Joybuy Marketplace Platform"). All Joybuy Merchant Seller Defendants identified in Exhibit 1 shall be restrained per the TRO and Preliminary Injunction previously ordered before this Court. The Joybuy Marketplace Platform is hereby dismissed with prejudice from this litigation. The Clerk of Court is directed to (1) terminate Defendants Joybuy and Joybuy Express as parties; (2) add the parties listed at ECF No. 83-1 as defendants; and (3) terminate ECF No. 83. It is so ORDERED., (Shenzhen Lansi Network Technology Co., Shenzhen Kratos Trading Co., Shenzhen Gemini Network Technology Co., Shenzhen Qianhai Phoenix Network Co. and Hong Kong Phoenix Technology Co. added. Joybuy and Joybuy Express terminated.) (Signed by Judge Jesse M. Furman on 7/27/23)
[+] 86 2023-07-31 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) 6DU Digital Store, BL David Digital Store, Halyeey Earphone Store, Secret of life Store, TT Digital Store, Yearing Life Store, Your First Selection Store, alborada store. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
[+] 87 2023-08-01 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): No.: 16 6DU Digital Store No.: 26 TT Digital Store No.: 19 BL David Digital Store No.: 27 Yearing Life Store No.: 25 Secret of life Store No.: 21 Halyeey Earphone Store No.: 28 Your First Selection Store No.: 17 Alborada Store. Each party shall bear their own attorney's fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the above-mentioned Defendants as parties. SO ORDERED. 6DU Digital Store, TT Digital Store, BL David Digital Store, Yearing Life Store., Secret of life Store, Halyeey Earphone Store, Your First Selection Store, and alborada store terminated. (Signed by Judge Jesse M. Furman on 8/1/2023)
[+] 88 2023-10-17 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) texa, funie, live deco, top pet, prosport, Phoenix, Bluelans. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
[+] 89 2023-10-18 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Shenzhen Hoyixin Technology Co., Shenzhen Proto Trading Co., Shenzhen Lansi Network Technology Co., Shenzhen Kratos Trading Co., Shenzhen Gemini Network Technology Co., Shenzhen Qianhai Phoenix Network Co., Hong Kong Phoenix Technology Co. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
90 2023-10-20 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses with prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A to the Complaint (ECF 1): No.: 71 Shenzhen Hoyixin Technology Co. No.: 72 Shenzhen Proto Trading Co. No.: 73 Shenzhen Lansi Network Technology Co. No.: 74 Shenzhen Kratos Trading Co. No.: 75 Shenzhen Gemini Network Technology Co. No.: 76 Shenzhen Qianhai Phoenix Network Co. No.: 77 Hong Kong Phoenix Technology Co. Each party shall bear their own attorneys fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the defendants listed below from this case.SO ORDERED. Shenzhen Hoyixin Technology Co., Shenzhen Kratos Trading Co., Shenzhen Lansi Network Technology Co., Shenzhen Proto Trading Co., Shenzhen Qianhai Phoenix Network Co., Hong Kong Phoenix Technology Co. and Shenzhen Gemini Network Technology Co. terminated. (Signed by Judge Arun Subramanian on 10/20/2023)
91 2023-11-21 ORDER Pursuant to the Court's May 17, 2023 Order, ECF No. 78, plaintiff was required to file a status update on service, the contents of which are described in the order, no later than November 17, 2023. To date, plaintiff has not filed that update. As a courtesy, that deadline is hereby EXTENDED, nunc pro tunc, to November 28, 2023. SO ORDERED. (Signed by Judge Arun Subramanian on 11/21/2023)
92 2023-11-28 LETTER addressed to Judge Arun Subramanian from Cory J. Rosenbaum dated november 28, 2023 re: status update. Document filed by Hairu Ma.
93 2023-11-29 MEMO ENDORSEMENT on re: 92 Letter filed by, Hairu Ma. ENDORSEMENT: On May 2, 2023, the Court set a briefing schedule for plaintiff's default-judgment motions. In that Order, the Court stated that the plaintiff shall address whether the Court has jurisdiction to enter default judgment given that they were served only electronically. Dkt. 73. On May 16, 2023, plaintiff moved for default judgment but made no mention of the Hague Convention. Dkt. 78. The next day, this Court denied without prejudice "to renewal after Plaintiff has served Defendants through the Hague Convention." Id. The Court ordered plaintiff to provide an update on service no later than November 17, 2023. Plaintiff missed this deadline, and instead of providing an update on service, now requests "additional time to effectuate service." By December 1, 2023, plaintiff is hereby ORDERED to either file a letter-motion requesting additional time for service or file a voluntary stipulation of dismissal as to the remaining defendants. If plaintiff elects to attempt service, plaintiff will be required to submit a monthly update that assures this Court that it is actually taking steps to serve defendants. SO ORDERED. (Motions due by 12/1/2023.) (Signed by Judge Arun Subramanian on 11/29/2023)
[+] 94 2023-12-01 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) ALSMT Store, Adilceazo, Adilcevazmoon, Argissa, Bhambare, Bogorsun, Boise, Burson Princess stationery - erasable pen Store, Castro1, Huntington, Junnan Hometextile, Kolding, Six Feels Store, Tennessee, bologna58, chenfulei111, echoneko, favorites, fengyushouzuo, ghf139, jiufenvily, kent5200, lijinglong, limanru, linlinstore789, mengximomeizhuang, mjm, munich, orange fly, simivalley, tanforword100, xuanchenliauto, yiyoubao5866. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
95 2023-12-05 PLAINTIFFS NOTICE OF VOLUNTARY DISMISSALPursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff hereby dismisses without prejudice all causes of action in the Complaint against the following Defendants, by number on Schedule A, to the Complaint (ECF 1): Adilcevazmoon, Bhambare, Bogorsun, Boise, Burson Princess stationery - erasable pen Store, Castro1, Huntington, Junnan Hometextile, Oregon, Six Feels Store, Tennessee, bologna58, chenfulei111, echoneko, favorites, fengyushouzuo, ghf139, jiufenvily, kent5200, lijinglong, limanru, linlinstore789, orange fly, simivalley, tanforword100, xuanchenliauto, yiyoubao5866, ALSMT Store and Adilceazo terminated. Each party shall bear their own attorneys fees and costs. None of the Defendants have filed an answer or a motion for summary judgment in this matter. Therefore, it is respectfully submitted that dismissal under Rule 41(a)(1)(A)(i) is appropriate. The Clerk of Court is directed to terminate the defendants listed below from this case. SO ORDERED. (Signed by Judge Arun Subramanian on 12/5/2023)
96 2023-12-11 ORDER: The remaining parties in this action should meet and confer and submit a proposed Civil Case Management Plan and Scheduling Order no later than Friday, December 15, 2023. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is available at https://nysd.uscourts.gov/hon-arun-subramanian. SO ORDERED. (Signed by Judge Arun Subramanian on 12/11/2023)
97 2023-12-15 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and with costs against the defendant(s) Hairu Ma. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
[+] 98 2023-12-15 FIRST LETTER addressed to Judge Arun Subramanian from Cory J. Rosenbaum dated 12/15/23 re: status report. Document filed by Hairu Ma.
[+] 99 2023-12-18 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Midesaiseng. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
100 2023-12-19 MEMO ENDORSEMENT on re: [98] Letter filed by, Hairu Ma ENDORSEMENT Plaintiff has indicated its intent to dismiss this matter in its entirety without prejudice. Plaintiff submitted a notice of voluntary dismissal, but it terminated the case against only one of the remaining parties. If plaintiff intends to dismiss this matter in its entirety, plaintiff should re-file the notice of voluntary dismissal listing all defendants that are not marked as "terminated" on the docket. Plaintiff may have intended to dismiss these defendants previously, but those dismissals were ineffective due to filing errors. If plaintiff has questions, plaintiff should contact (212) 805-0800. SO ORDERED. (Signed by Judge Arun Subramanian on 12/19/2023)
101 2024-01-12 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Shenzhen Bluelans Networks Technology Co., Ltd., Shenzhen Gemini Network Technology Co., Shenzhen Hoyixin Technology Co., Shenzhen Hoyixin Technology Co., Shenzhen Kratos Trading Co., Shenzhen Lansi Network Technology Co., Shenzhen Proto Trading Co., Shenzhen Qianhai Phoenix Network Co. Document filed by Hairu Ma. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
102 2024-01-23 LETTER addressed to Judge Arun Subramanian from cory j rosenbaum dated january 23, 2024 re: releasing bond. Document filed by Hairu Ma.
103 2024-01-23 Memo Endorsement
104 2024-01-24 ORDER: The Court has been advised that further information is needed to return the bond. Plaintiff should submit a proposed order for the release of the bond, containing the amount that should be disbursed, who is to receive the funds, and via what method the funds should be disbursed. If the plaintiff elects to receive the funds via check, it will need to provide the address of the payee. If the plaintiff elects to receive the funds via EFT, it will need to provide banking information to the Court's Finance unit. SO ORDERED. (Signed by Judge Arun Subramanian on 1/24/2024)
[+] 105 2024-01-30 PROPOSED ORDER FOR WITHDRAWAL OF FUNDS FROM COURT REGISTRY. Document filed by Hairu Ma. Related Document Number: [104]. Proposed Order to be reviewed by Clerk's Office staff.
106 2024-02-08 ORDER RELEASING FUNDS FROM COURT REGISTRY Per the Court's directive under DE 104, the Court further instructs the Clerk to release the bond herein, containing the amount of $10,000, to be disbursed via check to Counsel for the Plaintiff: Rosenbaum & Segall, P.C. 780 Long Beach Blvd., Long Beach, NY 11561. So Ordered. (Signed by Judge Arun Subramanian on 2/8/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.
[+] 107 2024-04-22 FIRST LETTER addressed to Judge Arun Subramanian from CJ Rosenbaum dated 4.22.24 re: releasing remaining bond. Document filed by Hairu Ma.
108 2024-04-23 ORDER RELEASING FUNDS FROM COURT REGISTRY: The Court further instructs the Clerk to release the remaining bond herein, containing the additional amount of $10,000. The first order, per DE 104, only released $10,000 of the $20,000.00 bond that was being held per the Court Registry Receipt on January 20, 2023. The remaining bond is to be disbursed via check to Counsel for the Plaintiff, as further set forth herein. So ordered this 23 day of April, 2024. The Clerk of Court is directed to transmit a copy of this order to the Finance unit. (Signed by Judge Arun Subramanian on 4/23/2024) (vfr) Transmission to Finance Unit (Cashiers) for processing.