2022-cv-62267

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16145946, filed by Gucci America, Inc.

Civil Cover Sheet

Exhibit 1 to Complaint - Certificates of Registration for the Gucci Marks

Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. 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

Trademarks

Complaint

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Gucci America, Inc. identifying Corporate Parent Kering Americas, Inc., Corporate Parent Kering Holland NV, Corporate Parent Kering SA for Gucci America, Inc. (Wiborg-Rodriguez, T.)

Plaintiff's MOTION to Seal per Local Rule 5.4 by Gucci America, Inc.

Text of Proposed Order

ORDER granting [5] Motion to Seal. Signed by Chief Judge Cecilia M. Altonaga on 12/6/2022. See attached document for full details. (ps1)

Order

ORDER granting 11 Ex Parte Motion for Order Authorizing Alternate Service of Process on Defendants. Signed by Chief Judge Cecilia M. Altonaga on 12/8/2022. See attached document for full details. (ps1)

SYSTEM ENTRY - Docket Entry 13 [order] restricted/sealed until further notice.

Order

ORDER granting [14] Ex Parte Motion to Extend Deadline to Post Bond and to Continue Hearing Scheduled for December 13, 2022 in Connection with Plaintiff's Motion for Preliminary Injunction. Preliminary Injunction Hearing reset for 12/21/2022 02:00 PM in Miami Division before Chief Judge Cecilia M. Altonaga. Signed by Chief Judge Cecilia M. Altonaga on 12/13/2022. See attached document for full details. (ps1)

Plaintiff's Notice of Filing Bond. Seizure Bond BOND in the amount of $10,000.00 posted by Gucci America, Inc. Approved by Chief Judge Cecilia M. Altonaga

NOTICE of Voluntary Dismissal Without Prejudice, of Defendant Number 46 by Gucci America, Inc. (Wiborg-Rodriguez, T.)

Plaintiff's MOTION to Unseal by Gucci America, Inc.

(Text of Proposed Order)(Wiborg-Rodriguez, T.)

ORDER granting 18 Motion to Unseal. Signed by Chief Judge Cecilia M. Altonaga on 12/16/2022. See attached document for full details. (ps1)

NOTICE by Gucci America, Inc. re [13] Order on Ex Parte Motion, [15] Order on Ex Parte Motion, [1] Complaint, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Gucci America, Inc. re [13] Order on Ex Parte Motion, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [17] Notice of Voluntary Dismissal, [10] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof, [15] Order on Ex Parte Motion, [19] Order on Motion for Miscellaneous Relief, [12] Order on Ex Parte Motion, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [1] Complaint, [14] Plaintiff's EX PARTE MOTION to Extend Deadline to Post Bond and to Continue Hearing Scheduled for December 13, 2022 in Connection with Motion for Preliminary Injunction, [8] Sealed Document, [11] 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, [7] Sealed Document, [18] Plaintiff's MOTION to Unseal, [16] Bond, [6] Order on Motion to Seal upon Defendants via website posting

NOTICE by Gucci America, Inc. of E-mail Inquiries Received from Certain Defendants in Connection with Asset Restraint and Service

Exhibit 1 to the Notice of E-mail Inquiries

PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Motion Hearing held on 12/21/2022 re 10 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets Against Defendants and Memorandum of Law in Support Thereof filed by Gucci America, Inc. Total time in court: 0 hour(s) : 3 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov.

ORDER granting [10] Ex Parte Application for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets. Signed by Chief Judge Cecilia M. Altonaga on 12/21/2022. See attached document for full details. (ps1)

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Gucci America, Inc.

(Exhibit 1 to Amended Complaint - Certificates of Registration for the Gucci Trademarks)

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [25] Amended Complaint/Amended Notice of Removal by easyacon.com, hermitguard.com. Attorney Benjamin Wayne Dowers added to party easyacon.com(pty:dft), Attorney Benjamin Wayne Dowers added to party hermitguard.com(pty:dft).

Text of Proposed Order Proposed Order

ORDER granting in part [26] Motion for Extension of Time to File Response/Answer to a Complaint; Defendants' deadline to file a single combined response or their separate answers to the Complaint is extended up to and including February 3, 2023. Signed by Chief Judge Cecilia M. Altonaga on 1/12/2023. See attached document for full details. (ps1)

Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 1/23/2023. Signed by Chief Judge Cecilia M. Altonaga on 1/12/2023. See attached document for full details. (ps1)

ORDER re 25 Amended Complaint filed by Gucci America, Inc.; on or before March 5, 2023, Plaintiff file proof of service upon the Defendants. Signed by Chief Judge Cecilia M. Altonaga on 1/13/2023. See attached document for full details. (ps1)

NOTICE by Gucci America, Inc. re 24 Preliminary Injunction, upon Defendants via Electronic Mail

(Exhibit Certificate of Sevice)

CERTIFICATE OF SERVICE by Gucci America, Inc. re 24 Preliminary Injunction, upon Defendant via Registrar

CERTIFICATE OF SERVICE by Gucci America, Inc. re 24 Preliminary Injunction, upon Defendants via website posting

SUMMONS (Affidavit) Returned Executed on 1 Complaint, 25 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gucci America, Inc. Chen's boutique served on 12/22/2022, response/answer due 2/3/2023; Chloe Cartfashion served on 12/22/2022, response/answer due 2/3/2023; Lady Boss Apparel And Clothing served on 12/22/2022, response/answer due 2/3/2023; Wang Ping trade served on 12/22/2022, response/answer due 2/3/2023; adspter.com served on 12/22/2022, response/answer due 2/3/2023; alxprints.com served on 12/22/2022, response/answer due 2/3/2023; any-cases.com served on 12/22/2022, response/answer due 2/3/2023; asluxury.site served on 12/22/2022, response/answer due 2/3/2023; bagbagnow.com served on 12/22/2022, response/answer due 2/3/2023; bestgiftsoul.com served on 12/22/2022, response/answer due 2/3/2023; bigtee905.com served on 12/22/2022, response/answer due 2/3/2023; cleodot.shop served on 12/22/2022, response/answer due 2/3/2023; cocofashiont served on 12/22/2022, response/answer due 2/3/2023; cyoubo.com served on 12/22/2022, response/answer due 2/3/2023; ddbag.shop served on 12/22/2022, response/answer due 2/3/2023; diefen.shop served on 12/22/2022, response/answer due 2/3/2023; easyacon.com served on 12/22/2022, response/answer due 2/3/2023; eyuwq.com served on 12/22/2022, response/answer due 2/3/2023; fashion luxury6688 served on 12/22/2022, response/answer due 2/3/2023; fashiro.co served on 12/22/2022, response/answer due 2/3/2023; fashjet.co served on 12/22/2022, response/answer due 2/3/2023; fig68shop.com served on 12/22/2022, response/answer due 2/3/2023; gimostores.com served on 12/22/2022, response/answer due 2/3/2023; guccigift.com served on 12/22/2022, response/answer due 2/3/2023; guiicy.shop served on 12/22/2022, response/answer due 2/3/2023; hermitguard.com served on 12/22/2022, response/answer due 2/3/2023; jyxzfz served on 12/22/2022, response/answer due 2/3/2023; kalliefashionz.co served on 12/22/2022, response/answer due 2/3/2023; luxeonlys.com served on 12/22/2022, response/answer due 2/3/2023; luxmanx.com served on 12/22/2022, response/answer due 2/3/2023; luxuryplusoneus.co served on 12/22/2022, response/answer due 2/3/2023; mitskya.top served on 12/22/2022, response/answer due 2/3/2023; moonblvck.com served on 12/22/2022, response/answer due 2/3/2023; ninonine.com served on 12/22/2022, response/answer due 2/3/2023; novlis.shop served on 12/22/2022, response/answer due 2/3/2023; nuxboutique.com served on 12/22/2022, response/answer due 2/3/2023; olsale.biz served on 12/22/2022, response/answer due 2/3/2023; oriontstore.live served on 12/22/2022, response/answer due 2/3/2023; quieka.store served on 12/22/2022, response/answer due 2/3/2023; ren68s.com served on 12/22/2022, response/answer due 2/3/2023; rosejewellry.store served on 12/22/2022, response/answer due 2/3/2023; shopsfantastic.com served on 12/22/2022, response/answer due 2/3/2023; spythor.com served on 12/22/2022, response/answer due 2/3/2023; stellanovelty.com served on 12/22/2022, response/answer due 2/3/2023; topluxury-buy served on 12/22/2022, response/answer due 2/3/2023; umbredesign.com served on 12/22/2022, response/answer due 2/3/2023; uniwear9.com served on 12/22/2022, response/answer due 2/3/2023; uubags.shop served on 12/22/2022, response/answer due 2/3/2023; vincawines.com served on 12/22/2022, response/answer due 2/3/2023; visuallookk.com served on 12/22/2022, response/answer due 2/3/2023; wearhappy.co served on 12/22/2022, response/answer due 2/3/2023; wearica.co served on 12/22/2022, response/answer due 2/3/2023; weimeiljl served on 12/22/2022, response/answer due 2/3/2023; wiebrand.com served on 12/22/2022, response/answer due 2/3/2023; xbagify.com served on 12/22/2022, response/answer due 2/3/2023.

Affidavit of Service

Affidavit of Service

(Affidavit of Service)

Joint SCHEDULING REPORT - Rule 26(f) by Gucci America, Inc.

(Text of Proposed Order)

ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 11/20/2023 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 11/14/2023 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 3/6/2023. All Discovery, including Expert Discovery, due by 7/24/2023. Mediation Deadline 7/31/2023. Motions due by 8/8/2023. Pretrial Stipulation due by 9/5/2023. REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 1/23/2023. See attached document for full details. (ps1)

ORDER re 33 Summons Returned Executed filed by Gucci America, Inc.; Plaintiff shall submit a motion for entry of Clerk's default no later than February 17, 2023. Signed by Chief Judge Cecilia M. Altonaga on 2/7/2023. See attached document for full details. (ps1)

Joint NOTICE of Mediator Selection and Hearing. Selected/Added Mark Stein as Mediator. Mediation Hearing set for 6/28/2023 at 9:00 a.m.

Text of Proposed Order Order Scheduling Mediation

ORDER Scheduling Mediation before Mark Stein; Mediation Hearing set for 6/28/2023 09:00 AM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Chief Judge Cecilia M. Altonaga on 2/13/2023. See attached document for full details. (ps1)

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by easyacon.com, hermitguard.com.

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tim Wang. Filing Fee $ 200.00 Receipt # AFLSDC-16323028 by easyacon.com, hermitguard.com. Responses due by 2/27/2023

Certification Local Rules

Proposed Order

ORDER granting [40] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Timothy T. Wang. Signed by Chief Judge Cecilia M. Altonaga on 2/14/2023. See attached document for full details. (ps1)

Plaintiff's MOTION for Clerk's Entry of Default as to Chen's boutique, Chloe Cartfashion, Lady Boss Apparel And Clothing, The Individuals, Business Entities, and Unincorporated Associations identified on Schedule A, Wang Ping trade, adspter.com, alxprints.com, any-cases.com, asluxury.site, bagbagnow.com, bestgiftsoul.com, bigtee905.com, cleodot.shop, cocofashiont, cyoubo.com, ddbag.shop, diefen.shop, eyuwq.com, fashion luxury6688, fashiro.co, fashjet.co, fig68shop.com, gimostores.com, guccigift.com, guiicy.shop, hermitguard.com, jyxzfz, kalliefashionz.co, luxeonlys.com, luxmanx.com, luxuryplusoneus.co, mitskya.top, moonblvck.com, ninonine.com, novlis.shop, nuxboutique.com, olsale.biz, oriontstore.live, quieka.store, ren68s.com, rosejewellry.store, shopsfantastic.com, spythor.com, stellanovelty.com, topluxury-buy, umbredesign.com, uniwear9.com, uubags.shop, vincawines.com, visuallookk.com, wearhappy.co, wearica.co, weimeiljl, wiebrand.com, xbagify.com by Gucci America, Inc.

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

Text of Proposed Order

CLERK'S DEFAULT ENTRY Granting [42] Plaintiff's MOTION for Clerk's Entry of Default as to Chen's boutique, Chloe Cartfashion, Lady Boss Apparel And Clothing, The Individuals, Business Entities, and Unincorporated Associations identified on Schedule A, Wang Ping trade filed by Gucci America, Inc. Signed by DEPUTY CLERK on 2/15/2023. See attached document for full details.

ORDER re [43] Clerk's Default; Plaintiff shall respond to this Order by 3/1/23. Signed by Chief Judge Cecilia M. Altonaga on 2/15/2023. See attached document for full details. (ps1)

NOTICE of Change of Address, Email or Law Firm Name by Stephen Michael Gaffigan

CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Virgilio Gigante.

CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Stephen Michael Gaffigan.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Gucci America, Inc.

Declaration of Sydney Kipen in Support Thereof

Exhibit 1 to the Declaration of Sydney Kipen

Declaration of T. Raquel Wiborg-Rodriguez in Support Thereof

Text of Proposed Order Granting Plaintiffs Motion for Final Default Judgment

(Text of Proposed Order Final Judgment)(Wiborg-Rodriguez, T.)

ORDER granting 48 Plaintiff's Motion for Default Final Judgment. Final judgment and a permanent injunction shall be entered by separate order. Signed by Chief Judge Cecilia M. Altonaga on 3/15/2023. See attached document for full details.

FINAL JUDGMENT in favor of Gucci America, Inc. against Chen's boutique, Chloe Cartfashion, Lady Boss Apparel And Clothing, Wang Ping trade, adspter.com, alxprints.com, any-cases.com, asluxury.site, bagbagnow.com, bestgiftsoul.com, bigtee905.com, cleodot.shop, cocofashiont, cyoubo.com, ddbag.shop, diefen.shop, eyuwq.com, fashion luxury6688, fashiro.co, fashjet.co, fig68shop.com, gimostores.com, guccigift.com, guiicy.shop, jyxzfz, kalliefashionz.co, luxeonlys.com, luxmanx.com, luxuryplusoneus.co, mitskya.top, moonblvck.com, ninonine.com, novlis.shop, nuxboutique.com, olsale.biz, oriontstore.live, quieka.store, ren68s.com, rosejewellry.store, shopsfantastic.com, spythor.com, stellanovelty.com, topluxury-buy, umbredesign.com, uniwear9.com, uubags.shop, vincawines.com, visuallookk.com, wearhappy.co, wearica.co, weimeiljl, wiebrand.com, xbagify.com Signed by Chief Judge Cecilia M. Altonaga on 3/15/2023. See attached document for full details.

Agreed MOTION to Approve Consent Judgment as to Defendant Number 14 by Gucci America, Inc. Responses due by 5/18/2023

Exhibit 1 - proposed Consent Final Judgment and Permanent Injunction

ORDER granting 51 Agreed MOTION to Approve Consent Judgment as to Defendant Number 14 filed by Gucci America, Inc. and entering CONSENT FINAL JUDGMENT in favor of Plaintiff and against Defendant Number 14. Closing Case. Signed by Chief Judge Cecilia M. Altonaga on 5/5/2023. See attached document for full details.