2023-cv-60908

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16621341, filed by Tiffany (NJ) LLC.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Tiffany Trademarks

Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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

Plaintiff's Corporate Disclosure Statement by Tiffany (NJ) LLC identifying Corporate Parent Tiffany & Co., Corporate Parent LVMH Moet Hennessy Louis Vuitton SE, Corporate Parent Tiffany and Company for Tiffany (NJ) LLC

Plaintiff's MOTION to Seal per Local Rule 5.4 by Tiffany (NJ) LLC.

Text of Proposed Order Granting Motion to Seal

ORDER Granting 5 Motion to Seal. Signed by Judge Donald M. Middlebrooks on 5/18/2023. See attached document for full details.

SYSTEM ENTRY - Docket Entry 7 [misc] restricted/sealed until further notice. (700785) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 8 [motion] restricted/sealed until further notice. (700785) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 9 [motion] restricted/sealed until further notice. (700785) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 10 [order] restricted/sealed until further notice. (Text entry; no document attached.)

ORDER Granting in Part [9] Ex Parte Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant Federal Rule of Civil Procedure 4(f)(3). Signed by Judge Donald M. Middlebrooks on 5/19/2023. See attached document for full details.

NOTICE SETTING HEARING: Preliminary Injunction Hearing is set for 6/1/2023 at 10:30 AM in West Palm Beach Division VIA VIDEOCONFERENCING before Judge Donald M. Middlebrooks. (gm1) (Text entry; no document attached.)

Order (Text entry; no document attached.)

NOTICE of Filing Seizure Bond in the amount of $10,000.00 posted by Tiffany (NJ) LLC Approved by Judge Donald M. Middlebrooks

Plaintiff's MOTION to Unseal by Tiffany (NJ) LLC.

Text of Proposed Order

Clerk's Notice to Filer re 15 Miscellaneous Relief. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs.

ORDER Granting [15] Plaintiff's Motion to Unseal. Signed by Judge Donald M. Middlebrooks on 5/30/2023. See attached document for full details.

NOTICE of Compliance (All Docket Entries Unsealed) re 17 Order on Motion to Unseal Document

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by Tiffany (NJ) LLC.

Exhibit 1 to Amended Complaint Certificates of Registration for the Tiffany Tra

NOTICE by Tiffany (NJ) LLC re [1] Complaint, [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, Set/Reset Hearings, [10] Order on Ex Parte Motion, upon Defendants via Electronic Mail

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Tiffany (NJ) LLC re [12] Sealed Document, [3] Form AO 120/121, [1] Complaint, [15] Motion to Unseal Document, [7] Sealed Document, [11] Order on Ex Parte Motion, [2] Clerk's Notice of Judge Assignment, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [14] Bond, [6] Order on Motion to Seal, [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, Set/Reset Hearings, [10] Order on Ex Parte Motion, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [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 upon Defendants via website posting

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 Tiffany (NJ) LLC. COLLECTION For Tiffany served on 5/30/2023, response/answer due 6/20/2023; ChineseSneakers served on 5/30/2023, response/answer due 6/20/2023; Funeral Tin served on 5/30/2023, response/answer due 6/20/2023; GUZHUYINGXINGH served on 5/30/2023, response/answer due 6/20/2023; Gassiep Zaleaint served on 5/30/2023, response/answer due 6/20/2023; James Golds served on 5/30/2023, response/answer due 6/20/2023; Lulu27 served on 5/30/2023, response/answer due 6/20/2023; Shell Bear served on 5/30/2023, response/answer due 6/20/2023; Tai Long served on 5/30/2023, response/answer due 6/20/2023; Tetianatreasure served on 5/30/2023, response/answer due 6/20/2023; TlFFANY & CO.(TX) served on 5/30/2023, response/answer due 6/20/2023; acekicks.net served on 5/30/2023, response/answer due 6/20/2023; alicejewellerys.com served on 5/30/2023, response/answer due 6/20/2023; bracelet-sales.com served on 5/30/2023, response/answer due 6/20/2023; derekia.com served on 5/30/2023, response/answer due 6/20/2023; immortalsneaker.com served on 5/30/2023, response/answer due 6/20/2023; jordancollections.com served on 5/30/2023, response/answer due 6/20/2023; jussangelboutique.com served on 5/30/2023, response/answer due 6/20/2023; kellydis.shop served on 5/30/2023, response/answer due 6/20/2023; lotteds.shop served on 5/30/2023, response/answer due 6/20/2023; luxury999designer served on 5/30/2023, response/answer due 6/20/2023; popsnkrs.org served on 5/30/2023, response/answer due 6/20/2023; qtr1acs served on 5/30/2023, response/answer due 6/20/2023; replicacollections.com served on 5/30/2023, response/answer due 6/20/2023; replicatherapy.biz served on 5/30/2023, response/answer due 6/20/2023; ruzaotaizhuan served on 5/30/2023, response/answer due 6/20/2023; stianfjelldal.com served on 5/30/2023, response/answer due 6/20/2023; tarble9527 served on 5/30/2023, response/answer due 6/20/2023; tiffany-outletstore.com served on 5/30/2023, response/answer due 6/20/2023; tiffany-paris.com served on 5/30/2023, response/answer due 6/20/2023; yinyingde served on 5/30/2023, response/answer due 6/20/2023; zhangqiang served on 5/30/2023, response/answer due 6/20/2023.

Affidavit of Service

Affidavit of Service

NOTICE by Tiffany (NJ) LLC of Identification of Additional PayPal Account Used By Defendant Number 12

Declaration of Kathleen Burns in Support Thereof

Exhibit 1 to the Declaration of Kathleen Burns

NOTICE by Tiffany (NJ) LLC of Email Inquiries Received From Certain Defendants in Connection With Asset Restraint And Service

Exhibit 1 to the to the Notice of E-mail Inquiries

PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Preliminary Injunction Hearing held on 6/1/2023. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, Esq. Order to Follow. Total time in court: 5 minutes. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (gm1)

ORDER Granting 8 APPLICATION FOR PRELIMINARY INJUNCTION. Signed by Judge Donald M. Middlebrooks on 6/1/2023. See attached document for full details.

Amended Corporate Disclosure Statement by Tiffany (NJ) LLC identifying Corporate Parent Tiffany & Co., Corporate Parent LVMH Moet Hennessy Louis Vuitton SE, Corporate Parent Tiffany and Company, Other Affiliate Christian Dior SE for Tiffany (NJ) LLC

Plaintiff's NOTICE by Tiffany (NJ) LLC of Identification of Additional PayPal Account Used By Defendant Number 9

Declaration of Kathleen Burns in Support Thereof

(Exhibit 1 to the Declaration of Kathleen Burns)

ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 2/26/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/21/2024 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to US Magistrate Judge Panayotta D Augustin-Birch for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 6/20/2023. 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.

PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on June 26, 2023, at 10:45 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 6/20/2023. (sk01)

Plaintiff's MOTION for Clerk's Entry of Default as to COLLECTION For Tiffany, ChineseSneakers, Funeral Tin, GUZHUYINGXINGH, Gassiep Zaleaint, James Golds, Lulu27, Shell Bear, THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A, Tai Long, Tetianatreasure, TlFFANY & CO.(TX), acekicks.net, alicejewellerys.com, bracelet-sales.com, derekia.com, immortalsneaker.com, jordancollections.com, jussangelboutique.com, kellydis.shop, lotteds.shop, luxury999designer, popsnkrs.org, qtr1acs, replicacollections.com, replicatherapy.biz, ruzaotaizhuan, stianfjelldal.com, tarble9527, tiffany-outletstore.com, tiffany-paris.com, yinyingde, zhangqiang by Tiffany (NJ) LLC.

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

Text of Proposed Order

Clerk's Entry of Default as to THE INDIVIDUALS, BUSINESS ENTITIES AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A - Motions Terminated: 31 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 6/21/2023.

CERTIFICATE OF SERVICE by Tiffany (NJ) LLC re [29] Scheduling Order, Order Referring Case to Magistrate Judge, [30] Order Setting/Cancelling Hearing, upon Defendants via Electronic Mail and via Website Posting

PAPERLESS ORDER. On June 21, 2023, Plaintiff moved for Clerk's Entry of Default against Defendants identified on Schedule A (DE 31 at 3-5). The motion was granted on the same day. (DE 32). Accordingly, if Plaintiff intends to move for default final judgment, it must do so on or before July 7, 2023. Moreover, Plaintiff is advised that pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." The proposed order must contain legal analysis as to the claims on which Plaintiff is seeking default final judgment and how the pled facts, taken as true, justify awarding Plaintiff default judgment. Plaintiff must ensure that its proposed order with the court is emailed in Word format to the court's e-filing address: middlebrooks@flsd.uscourts.gov. If no timely motion and appropriate proposed order are filed, this matter is subject to dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 6/23/2023.

PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: Scheduling Conference held on 6/26/2023. Total time in court: 0 hours : 10 minutes. Attorney Appearance: T. Raquel Wiborg-Rodriguez. (sk01)

PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 8/24/2023., Discovery due by 12/14/2023., Joinder of Parties due by 8/24/2023., In Limine Motions due by 12/28/2023., Dispositive Motions due by 12/28/2023., Motions due by 12/28/2023., Pretrial Stipulation due by 1/29/2024.), ORDER REFERRING CASE to Mediation. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 6/26/2023. See attached document for full details.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Tiffany (NJ) LLC.

Declaration of Pilar Toro in Support Thereof

Exhibit 1 to the Declaration of Pilar Toro

Declaration of Stephen M. Gaffigan in Support Thereof

Text of Proposed Order Granting Plaintiffs Motion for Final Default Judgment

Text of Proposed Order Final Default Judgment and Permanent Injunction

Plaintiff's MOTION for Order Granting Relief from Pretrial Scheduling Order re 36 Scheduling Order, Order Referring Case to Mediation, by Tiffany (NJ) LLC.

(Text of Proposed Order)

ORDER TERMINATING DEADLINES IN PRETRIAL SCHEDULING ORDER, granting 38 Motion Relief From Pretrial Scheduling Order. Signed by Judge Donald M. Middlebrooks on 7/12/2023. See attached document for full details.

Notice of Ninety Days Expiring by Tiffany (NJ) LLC re [37] Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof filed by Tiffany (NJ) LLC

Notice of Ninety Days Expiring Second Notice by Tiffany (NJ) LLC re [37] Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof filed by Tiffany (NJ) LLC

ORDER Granting [37] Motion for Default Judgment. Signed by Judge Donald M. Middlebrooks on 1/24/2024. See attached document for full details.

FINAL DEFAULT JUDGMENT in favor of Plaintiffs and against Defendants, PERMANENT INJUNCTION Closing Case. Signed by Judge Donald M. Middlebrooks on 1/24/2024. See attached document for full details.

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