2022-cv-60902

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15633417, filed by YETI COOLERS, LLC.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the YETI Trademarks

Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

Complaint

Exhibit 1

NOTICE OF COURT PRACTICE Unless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket Entry A party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings. Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 5/12/2022. (pb00)

PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONS Within SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 5/12/2022. (pb00)

Plaintiff's Corporate Disclosure Statement by Yeti Coolers, LLC identifying Corporate Parent YETI Holdings, Inc. for Yeti Coolers, LLC

Plaintiff's MOTION to Seal per Local Rule 5.4 by Yeti Coolers, LLC.

Text of Proposed Order

Plaintiff's Certificate of Other Affiliates by Yeti Coolers, LLC identifying Corporate Parent YETI Holdings, Inc. for Yeti Coolers, LLC

ORDER TO FILE UNDER SEAL. ORDER granting [7] Motion to Seal. Signed by Judge Raag Singhal on 5/25/2022. See attached document for full details.

Order

Seizure Bond BOND in the amount of $$10,000.00 posted by Yeti Coolers, LLC Approved by Judge Raag Singhal.

Plaintiff's MOTION To Unseal by Yeti Coolers, LLC.

Text of Proposed Order

PAPERLESS ORDER granting 16 Motion Motion to Unseal. The Clerk of Court is directed to unseal all docket entries in this case and return those portions of the Court file to the public records. Signed by Judge Raag Singhal on 6/3/2022. (pb00).

NOTICE of Compliance re 17 Order on Motion for Miscellaneous Relief. (All docket entries Unsealed per order)

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Yeti Coolers, LLC.

Exhibit 1 to Amended Complaint Certificates of Registration for the YETI Tradem

NOTICE of Filing Proposed Summons(es) by Yeti Coolers, LLC re [13] Order on Ex Parte Motion

Proposed Summonses

Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations, amestor.shop, angelasiah.shop, bariorium.com, crastag.com, dffsa.shop, discountnik.club, eaaxe.com, ersonas.shop, fagnif.shop, getcooler.shop, goryoku.com, gsiouorshop.com, lasylife.top, srousg.com, storeyeti.com, stretchfear.shop, tarnepox.com, ttgdmn.top, ulanhoxex.com, unsess.com, vurure.com, walkerseio.com, yetioutlets.top.

NOTICE by Yeti Coolers, LLC re [12] Order on Ex Parte Motion, [17] Order on Motion for Miscellaneous Relief, [4] Notice of Court Practice/to Appear/Other, [11] Order on Motion to Seal, [5] Order, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Yeti Coolers, LLC re [1] Complaint, [12] Order on Ex Parte Motion, [4] Notice of Court Practice/to Appear/Other, [5] Order, [8] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof upon Defendants via Registrar

CERTIFICATE OF SERVICE by Yeti Coolers, LLC re [13] Order on Ex Parte Motion, [2] Clerk's Notice of Judge Assignment, [6] Certificate of Other Affiliates/Corporate Disclosure Statement, [3] Form AO 120/121, [1] Complaint, [14] Sealed Document, [12] Order on Ex Parte Motion, [17] Order on Motion for Miscellaneous Relief, [4] Notice of Court Practice/to Appear/Other, [15] Bond, [18] Notice of Compliance, [11] Order on Motion to Seal, [5] Order, [8] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof, [9] Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof, [16] Plaintiff's MOTION To Unseal, [10] Certificate of Other Affiliates/Corporate Disclosure Statement, [7] Plaintiff's MOTION to Seal per Local Rule 5.4 upon Defendants via website posting

PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Motion Hearing held on 6/8/2022 re 8 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets and Memorandum of Law in Support Thereof filed by Yeti Coolers, LLC. The Motion is granted. A forthcoming order will be entered separately. Total time in court: 15 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov.

SUMMONS (Affidavit) Returned Executed on [1] Complaint, [19] Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yeti Coolers, LLC. amestor.shop served on 6/8/2022, response/answer due 6/29/2022; angelasiah.shop served on 6/8/2022, response/answer due 6/29/2022; bariorium.com served on 6/8/2022, response/answer due 6/29/2022; crastag.com served on 6/8/2022, response/answer due 6/29/2022; dffsa.shop served on 6/8/2022, response/answer due 6/29/2022; discountnik.club served on 6/8/2022, response/answer due 6/29/2022; eaaxe.com served on 6/8/2022, response/answer due 6/29/2022; ersonas.shop served on 6/8/2022, response/answer due 6/29/2022; fagnif.shop served on 6/8/2022, response/answer due 6/29/2022; getcooler.shop served on 6/8/2022, response/answer due 6/29/2022; goryoku.com served on 6/8/2022, response/answer due 6/29/2022; gsiouorshop.com served on 6/8/2022, response/answer due 6/29/2022; lasylife.top served on 6/8/2022, response/answer due 6/29/2022; srousg.com served on 6/8/2022, response/answer due 6/29/2022; storeyeti.com served on 6/8/2022, response/answer due 6/29/2022; stretchfear.shop served on 6/8/2022, response/answer due 6/29/2022; tarnepox.com served on 6/8/2022, response/answer due 6/29/2022; ttgdmn.top served on 6/8/2022, response/answer due 6/29/2022; ulanhoxex.com served on 6/8/2022, response/answer due 6/29/2022; unsess.com served on 6/8/2022, response/answer due 6/29/2022; vurure.com served on 6/8/2022, response/answer due 6/29/2022; walkerseio.com served on 6/8/2022, response/answer due 6/29/2022; yetioutlets.top served on 6/8/2022, response/answer due 6/29/2022.

Affidavit of Service

Affidavit of Service

Affidavit of Service

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations, amestor.shop, angelasiah.shop, bariorium.com, crastag.com, dffsa.shop, discountnik.club, eaaxe.com, ersonas.shop, fagnif.shop, getcooler.shop, goryoku.com, gsiouorshop.com, lasylife.top, srousg.com, storeyeti.com, stretchfear.shop, tarnepox.com, ttgdmn.top, ulanhoxex.com, unsess.com, vurure.com, walkerseio.com, yetioutlets.top by Yeti Coolers, LLC.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk'

Text of Proposed Order

Clerk's Entry of Default as to amestor.shop, angelasiah.shop, bariorium.com, crastag.com, dffsa.shop, discountnik.club, eaaxe.com, ersonas.shop, fagnif.shop, getcooler.shop, goryoku.com, gsiouorshop.com, lasylife.top, srousg.com, storeyeti.com, stretchfear.shop, tarnepox.com, ttgdmn.top, ulanhoxex.com, unsess.com, vurure.com, walkerseio.com, yetioutlets.top - Motions Terminated: 27 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 7/8/2022.

ORDER ON DEFAULT FINAL JUDGMENT PROCEDURE, (Responses due by 9/2/2022) Signed by Judge Raag Singhal on 8/16/2022. See attached document for full details.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Yeti Coolers, LLC.

Declaration of Stephen M. Gaffigan in Support Thereof

Text of Proposed Order Granting Motion for Final Default Judgment

(Text of Proposed Order Final Default Judgment and Permanent Injunction)

ORDER granting [30] Motion for Default Final Judgment. Signed by Judge Raag Singhal on 9/12/2022. See attached document for full details.

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION in favor of Yeti Coolers, LLC against The Individuals, Business Entities, and Unincorporated Associations, amestor.shop, angelasiah.shop, bariorium.com, crastag.com, dffsa.shop, discountnik.club, eaaxe.com, ersonas.shop, fagnif.shop, getcooler.shop, goryoku.com, gsiouorshop.com, lasylife.top, srousg.com, storeyeti.com, stretchfear.shop, tarnepox.com, ttgdmn.top, ulanhoxex.com, unsess.com, vurure.com, walkerseio.com, yetioutlets.top. All scheduled hearings are CANCELLED. The Clerk of Court is directed to CLOSE this case and any pending motions are DENIED AS MOOT. Signed by Judge Raag Singhal on 9/12/2022. See attached document for full details.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

(Order) (ebz)