2022-cv-62058

COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-16078761, filed by Shenzhen Deyute Trading Co., Ltd.

Exhibit 1

Schedule A

Civil Cover Sheet

AO 120

Summon(s)

(Corporate Disclosure Statement)

Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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) (aao)

Summons Issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A.

SYSTEM ENTRY - Docket Entry 5 [motion] restricted/sealed until further notice. (1119131) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (1119131) (Text entry; no document attached.)

ORDER granting 5 Ex Parte Application for Entry of Temporary Restraining Order. Telephonic Preliminary Injunction set for 11/29/2022 01:00 PM before Judge Rodolfo A. Ruiz II. The Clerk is directed to UNSEAL all docket entries in this case. Signed by Judge Rodolfo A. Ruiz, II on 11/20/2022. See attached document for full details.

ORDER granting 6 Ex Parte Motion for Alternate Service. Signed by Judge Rodolfo A. Ruiz, II on 11/20/2022. See attached document for full details.

MOTION to Continue the Preliminary Injunction Hearing currently scheduled on November 29, 2022, at 1:00 p.m. to December 6, 2022, at 1:00 p.m. re [7] Order on Ex Parte Motion, by Shenzhen Deyute Trading Co., Ltd. Responses due by 12/12/2022

Order Granting Motion to Continue Hearing. Signed by Judge Rodolfo A. Ruiz, II on 11/28/2022. See attached document for full details.

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Shenzhen Deyute Trading Co., Ltd. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A" served on 11/29/2022, response/answer due 12/20/2022.

Set/Reset Hearings: Telephonic Preliminary Injunction hearing CONTINUED to 12/6/2022 01:00 PM before Judge Rodolfo A. Ruiz II. See ECF No. 10 Order. (Text entry; no document attached.)

(Decl of Kang)

Clerks Receipt for Bond (Treasury Registry) received on 12/1/2022 in the amount of $ 10,000.00 receipt number 16305

Oral MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicole E. Kopinski. on behalf of Defendant Jingdong E-Commerce (Trade) Hong Kong Corporation Limited, which is listed as Joybuy on Schedule A Filing Fee $ 200.00 Receipt # AFLSDC-16147780 by The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A". Attorney Andrew Jay Fuller added to party The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A"(pty:dft). Responses due by 12/19/2022

Certification Certification of Nicole E. Kopinski for Pro Hac Motion

Text of Proposed Order Proposed Order Granting Pro Hac Motion - Nicole E. Kopins

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Wallace Feng. on behalf of Defendant Jingdong E-Commerce (Trade) Hong Kong Corporation Limited, which is listed as Joybuy on Schedule A Filing Fee $ 200.00 Receipt # AFLSDC-16147811 by The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A". Responses due by 12/19/2022

Certification Certification of Wallace Feng for Pro Hac Motion

Text of Proposed Order Proposed Order Granting Pro Hac Motion - Wallace Feng

PAPERLESS ORDER granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Nicole E. Kopinski, ECF No. 13. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2022.

PAPERLESS ORDER granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Wallace Feng, ECF No. 14. Signed by Judge Rodolfo A. Ruiz, II on 12/6/2022.

NOTICE of Voluntary Dismissal as to Defendant No. 19 JoyBuy without prejudice by Shenzhen Deyute Trading Co., Ltd.

PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Preliminary Injunction Hearing held on 12/6/2022. Attorney Appearance(s): Andrew Jay Fuller, Nicole E. Kopinski, Wallace Feng, Andrew Jonathan Palmer, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov.

Order Dismissing Party Joybuy (Jingdong E-Commerce (Trade) Hong Kong Corporation Limited) Signed by Judge Rodolfo A. Ruiz, II on 12/7/2022. See attached document for full details.

ORDER GRANTING 5 MOTION FOR ENTRY OF PRELIMINARY INJUNCTION: Signed by Judge Rodolfo A. Ruiz, II on 12/12/2022. See attached document for full details.

Clerk's Notice to Filer re [1] Complaint. Parties Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the parties.

TRANSCRIPT of Telephonic Preliminary Injunction Hearing held on 12/6/2022 before Judge Rodolfo A. Ruiz, II, 1-19 pages, Court Reporter: Ilona Lupowitz, 954-769-5568 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/6/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/16/2023.

NOTICE of Attorney Appearance by Lydia R Pittaway on behalf of Haimuzhou (2). Attorney Lydia R Pittaway added to party Haimuzhou (2)(pty:dft).

Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Haimuzhou (2).

PAPERLESS ORDER granting Defendant Haimuzhou's Unopposed Motion for Extension of Time, ECF No. 24. Defendant shall file a response to Plaintiff's Complaint on or before January 10, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2022.

Reset Response/Answer Due Deadline: Haimuzhou (2) response/answer due 1/10/2023. PER DE#25 (Text entry; no document attached.)

Reset Response/Answer Due Deadline: Dingren response/answer due 1/23/2023; Huisheng Clothing response/answer due 1/23/2023; Maomohou response/answer due 1/23/2023; Ningzhi response/answer due 1/23/2023; Xingmian response/answer due 1/23/2023. PER DE#28 (Text entry; no document attached.)

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Dingren, Xingmian, Ningzhi, Huisheng Clothing, Maomohou. Attorney Darren Adam Heitner added to party Dingren(pty:dft), Attorney Darren Adam Heitner added to party Xingmian (pty:dft), Attorney Darren Adam Heitner added to party Ningzhi (pty:dft), Attorney Darren Adam Heitner added to party Huisheng Clothing(pty:dft), Attorney Darren Adam Heitner added to party Maomohou(pty:dft).

MOTION for Clerk's Entry of Default as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A" by Shenzhen Deyute Trading Co., Ltd.

Decl. of Palmer

(Text of Proposed Order)

PAPERLESS ORDER granting Defendants' Unopposed Motion for Extension of Time, ECF No. 26. Defendants Dingren, Xingmian, Ningzhi, Huisheng Clothing, and Maomohou shall file a response to the Complaint on or before January 20, 2023. Signed by Judge Rodolfo A. Ruiz, II on 12/30/2022.

NOTICE of Attorney Appearance by Lydia R Pittaway on behalf of dongguanshisuyingshangmaoyouxiangongsi, yisuiling. Attorney Lydia R Pittaway added to party dongguanshisuyingshangmaoyouxiangongsi(pty:dft), Attorney Lydia R Pittaway added to party yisuiling(pty:dft).

Unopposed MOTION for Extension of Time to respond to the Complaint by dongguanshisuyingshangmaoyouxiangongsi, yisuiling. Responses due by 1/17/2023

Reset Response/Answer Due Deadline: Dingren response/answer due 1/20/2023; Huisheng Clothing response/answer due 1/20/2023; Maomohou response/answer due 1/20/2023; Ningzhi response/answer due 1/20/2023; Xingmian response/answer due 1/20/2023. PER DE#28 (Text entry; no document attached.)

Clerk's Entry of Default as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A" - Motions Terminated: 27 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 1/3/2023.

CLERK'S NOTICE re 31 Clerk's Entry/Non-Entry of Default

Clerk's Notice to Filer re 1 Complaint. Parties Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. Listing the Defendants as "The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A," is not acceptable. All parties MUST be added to the case.

PAPERLESS ORDER granting Unopposed Motion for Extension of Time, ECF No. [30]. Defendant No. 12, dongguanshisuyingshangmaoyouxiangongsi and Defendant No. 18, yisuiling shall file a response to the Complaint on or before January 10, 2023. Signed by Judge Rodolfo A. Ruiz, II on 1/4/2023.

Set/Reset Response/Answer Due Deadline: dongguanshisuyingshangmaoyouxiangongsi response/answer due 1/10/2023; yisuiling response/answer due 1/10/2023. PER DE#34 (Text entry; no document attached.)

Unopposed MOTION to Redact 22 Transcript, by Joybuy.

Exhibit Redacted Transcript

(Text of Proposed Order Proposed Order)

Notice of Entry of Parties Listed on [33] Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): MASOCIO, Win-Win, Hejing, shen zhen shi mi qu shang mao you xian gong si, CXHDZ, XIEOO, HXZH, LA FOREOREUSE DE POINTE, ONLENY and SHEFORER.

Unopposed MOTION for Extension of Time to respond to the Complaint by dongguanshisuyingshangmaoyouxiangongsi, yisuiling. Responses due by 1/24/2023

Unopposed MOTION for Extension of Time to respond to the Complaint by Haimuzhou (2). Responses due by 1/24/2023

Reset Response/Answer Due Deadline: dongguanshisuyingshangmaoyouxiangongsi response/answer due 1/31/2023; yisuiling response/answer due 1/31/2023. PER DE#40 (Text entry; no document attached.)

Order Granting Joybuy's Motion to Redact Transcript. Signed by Judge Rodolfo A. Ruiz, II on 1/11/2023. See attached document for full details.

PAPERLESS ORDER granting Second Unopposed Motion for Extension of Time, ECF No. 37. Defendant No. 12, dongguanshisuyingshangmaoyouxiangongsi and Defendant No. 18, yisuiling, shall file a response to the Complaint on or before January 31, 2023 Signed by Judge Rodolfo A. Ruiz, II on 1/11/2023.

PAPERLESS ORDER granting Unopposed Motion for Extension of Time, ECF No. 38. Defendant No. 2, Haimuzhou, shall file a response to the Complaint on or before January 31, 2023 Signed by Judge Rodolfo A. Ruiz, II on 1/11/2023.

Reset Response/Answer Due Deadline: Haimuzhou (2) response/answer due 1/31/2023. PER DE#41 (Text entry; no document attached.)

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, by Dingren, Huisheng Clothing, Maomohou, Ningzhi, Xingmian.

PAPERLESS ORDER granting Motion for Extension of Time, ECF No. 42. Defendants Dingren, Xingmian, Ningzhi, Huisheng Clothing, and Maomohou shall answer Plaintiff's Complaint on or before February 10, 2023. Signed by Judge Rodolfo A. Ruiz, II on 1/19/2023.

Set/Reset Response/Answer Due Deadline per DE 43 Order. Dingren response/answer due 2/10/2023; Huisheng Clothing response/answer due 2/10/2023; Maomohou response/answer due 2/10/2023; Ningzhi response/answer due 2/10/2023; Xingmian response/answer due 2/10/2023. (Text entry; no document attached.)

Set/Reset Response/Answer Due Deadline per DE [43] Order. Dingren response/answer due 2/10/2023; Huisheng Clothing response/answer due 2/10/2023; Maomohou response/answer due 2/10/2023; Ningzhi response/answer due 2/10/2023; Xingmian response/answer due 2/10/2023. (Text entry; no document attached.)

Unopposed MOTION for Extension of Time to respond to the Complaint by Haimuzhou (2), dongguanshisuyingshangmaoyouxiangongsi, yisuiling. Responses due by 2/14/2023

PAPERLESS ORDER granting Unopposed Motion for Extension of Time, ECF No. 44. Defendants Haimuzhou, dongguanshisuyingshangmaoyouxiangongsi and yisuiling shall respond to Plaintiff's Complaint on or before February 14, 2023. Signed by Judge Rodolfo A. Ruiz, II on 1/31/2023.

Reset Response/Answer Due Deadline: Haimuzhou (2) response/answer due 2/14/2023; dongguanshisuyingshangmaoyouxiangongsi response/answer due 2/14/2023; yisuiling response/answer due 2/14/2023. PER DE#45 (Text entry; no document attached.)

ANSWER and Affirmative Defenses to Complaint by Dingren, Huisheng Clothing, Maomohou, Ningzhi, Xingmian.

ANSWER to Complaint with Jury Demand by Haimuzhou (2), dongguanshisuyingshangmaoyouxiangongsi, yisuiling.

MOTION for Default Judgment against Defendants listed in attached Exhibit A by Shenzhen Deyute Trading Co., Ltd.

Decl. of Palmer

Text of Proposed Order Proposed Final Default Judgment

(Text of Proposed Order)

Order Granting Motion for Final Default Judgment. Signed by Judge Rodolfo A. Ruiz, II on 2/17/2023. See attached document for full details.

Default Judgment and Permanent Injunction. Signed by Judge Rodolfo A. Ruiz, II on 2/17/2023. See attached document for full details.

Order Requiring Joint Scheduling Report. Signed by Judge Rodolfo A. Ruiz, II on 2/27/2023. See attached document for full details.

Joint SCHEDULING REPORT - Rule 16.1 by Shenzhen Deyute Trading Co., Ltd.

(Text of Proposed Order Joint Proposed Scheduling Order)

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Dingren, Huisheng Clothing, Maomohou, Ningzhi, Xingmian

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Haimuzhou (2), dongguanshisuyingshangmaoyouxiangongsi, yisuiling

ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 11/6/2023 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 10/31/2023 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 4/25/2023., Discovery due by 7/11/2023., Expert Discovery due by 7/11/2023., Joinder of Parties due by 4/25/2023., Mediation Deadline 7/18/2023., In Limine Motions due by 8/22/2023., Dispositive Motions due by 7/25/2023., Motions due by 7/25/2023., Pretrial Stipulation due by 8/22/2023.), ORDER REFERRING CASE to Mediation. ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 3/14/2023. See attached document for full details. (cds) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.

DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 3/15/2023. See attached document for full details.

NOTICE of Settlement by Shenzhen Deyute Trading Co., Ltd.

Order on Notice of Settlement. Signed by Judge Rodolfo A. Ruiz, II on 3/28/2023. See attached document for full details.

PAPERLESS ORDER setting telephonic status conference for Friday March 31, 2023 at 9:00 A.M. The remaining parties, Plaintiff and Defendants Dingren, Huisheng Clothing, Maomohou, Ningzhi, and Xingmian, are instructed to call 1-877-402-9753 by no later than 8:55 A.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 3/28/2023.

PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 3/31/2023. Attorney Appearance(s): Andrew Jonathan Palmer, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov.

STIPULATION of Dismissal as to Defendants haimuzhou, yisuiling, and dongguanshisuyingshangmaoyouxiangongsi without prejudice by Shenzhen Deyute Trading Co., Ltd.

Joint NOTICE of Mediator Selection and Hearing. Selected/Added Jeffrey Grubman as Mediator. Mediation Hearing set for 6/26/2023 at 10:00 a.m.

Text of Proposed Order

PAPERLESS ORDER re 56 Discovery Procedures Order. The Court hereby amends two portions of the Discovery Procedures Order. First, when the Discovery Procedures Order provides for the filing of a "Notice of Request for Discovery Hearing," the parties shall instead entitle their filing "Notice of Discovery Dispute." Second, when the Discovery Procedures Order provides for the filing of a "Notice of Request for Show Cause Hearing," the parties shall instead entitle their filing "Notice of Complete Failure to Respond to Discovery." Signed by Magistrate Judge Jared M. Strauss on 4/5/2023.

Order Dismissing Defendants yisuiling, Haimuzhou (2), and dongguanshisuyingshangmaoyouxiangongsi without Prejudice. Signed by Judge Rodolfo A. Ruiz, II on 4/4/2023. See attached document for full details.

Order Scheduling Mediation. Signed by Judge Rodolfo A. Ruiz, II on 4/4/2023. See attached document for full details.

STIPULATION of Dismissal as to Defendants Dingren, Huisheng Clothing, Maomohou, Ningzhi, and Xingmian, with prejudice by Shenzhen Deyute Trading Co., Ltd.

PAPERLESS ORDER on ECF No. 66 Stipulation of Dismissal ("Stipulation"). The Court having reviewed the Stipulation, the record, and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Defendants Dingren, Huisheng Clothing, Maomohou, Ningzhi, and Xingmianare are dismissed from this action with prejudice. Each party shall bear its own costs and fees. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2023.

ORDER TO SHOW CAUSE. Show Cause Response due by 7/28/2023. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2023. See attached document for full details.

RESPONSE TO ORDER TO SHOW CAUSE re [68] Order to Show Cause by Shenzhen Deyute Trading Co., Ltd.

Order Closing Case. Signed by Judge Rodolfo A. Ruiz, II on 7/27/2023. See attached document for full details.