2023-cv-62209

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17088194, filed by Louis Vuitton Malletier.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Louis Vuitton Trade

Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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 & Exhibits

Plaintiff's Corporate Disclosure Statement by Louis Vuitton Malletier identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE for Louis Vuitton Malletier

Plaintiff's MOTION to Seal per Local Rule 5.4 by Louis Vuitton Malletier.

Text of Proposed Order

PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing. 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). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 11/22/2023.

PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE ALICIA O. VALLE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Alicia O. Valle to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Valle's discovery procedures. Signed by Judge K. Michael Moore on 11/22/2023.

ORDER granting [5] Motion to Seal. Signed by Judge K. Michael Moore on 11/22/2023. See attached document for full details.

PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte examination of the record. Plaintiff filed its Complaint 1 alleging (1) trademark counterfeiting and infringement pursuant to § 32 of the Lanham Act, 15 U.S.C. § 1114; (2) false designation of origin pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) common law unfair competition; and (4) common law trademark infringement, against a list of 6 Defendants in Schedule A. See generally 1 ; [11-1]. The Complaint does not allege or seek certification of a class under Federal Rule of Civil Procedure 23. Trademark infringement actions such as this have become increasingly prevalent in the Southern District of Florida in recent years, and have routinely been permitted. However, the Court questions whether joinder of these Defendants under Federal Rule of Civil Procedure 20 is proper, and also questions as a practical matter whether Plaintiff should be permitted to skirt paying the filing fee for each individual Defendant. See, e.g., Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) ("[I]t is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases."). "On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party." Fed. R. Civ. P. 21. As it pertains to joinder of Defendants, Federal Rule of Civil Procedure 20(a)(2) provides, in relevant part: "Persons--as well as a vessel, cargo, or other property subject to admiralty process in rem--may be joined in one action as defendants if: (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions o! r occurrences; and (B) any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2) (emphasis added). "The district court has broad discretion to join parties or not and that decision will not be overturned as long as it falls within the district court's range of choices." Swan v. Ray, 293 F.3d 1252, 1253 (11th Cir. 2002). Here, while there may well be common questions of law and fact as to some or all Defendants, it is not clear from the Complaint how the 6 Defendants' alleged infringement "aris[e] out of the same transaction, occurrence, or series of transactions or occurrences[.]" Fed. R. Civ. P. 20(a)(2)(A). It is also not clear that any relief sought against Defendants is joint and several. The Court points Plaintiff to its prior Order in Liberty Media Holdings, LLC v. BitTorrent Swarm, 277 F.R.D. 672 (S.D. Fla. 2011), as well as the Northern District of Illinois' memorandum opinion and order in Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020), which, while not binding on this Court, is particularly persuasive. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE on or before December 11, 2023 as to why the Court should not sever and dismiss without prejudice the 5 Defendants in Schedule A following the first named Defendant and require the refiling of separate actions and payment of separate filing fees as those Defendants. Failure to comply with this Order may result in sanctions. Signed by Judge K. Michael Moore on 11/27/2023.

RESPONSE TO ORDER TO SHOW CAUSE re [12] Order to Show Cause, by Louis Vuitton Malletier.

Order (Text entry; no document attached.)

Seizure BOND in the amount of $10,000.00 posted by Louis Vuitton Malletier Approved by Judge K. Michael Moore

Order (Text entry; no document attached.)

Plaintiff's MOTION to Unseal by Louis Vuitton Malletier.

Text of Proposed Order

Plaintiff's NOTICE upon Defendants via Electronic Mail by Louis Vuitton Malletier re [1] Complaint, [8] Pretrial Order

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Louis Vuitton Malletier re [1] Complaint, [8] Pretrial Order, upon Defendant via Registrar

CERTIFICATE OF SERVICE by Louis Vuitton Malletier re [9] Order Referring Case to Magistrate Judge, [16] Bond, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [1] Complaint, [13] Response to Order to Show Cause, [3] Form AO 120/121, [2] Clerks Notice of Judge Assignment, [12] Order to Show Cause, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [10] Order on Motion to Seal, [8] Pretrial Order, upon Defendants via website posting

NOTICE OF COURTROOM ASSIGNMENT. The hearing scheduled on 1/17/2024 at 10:00am before U.S. Magistrate Judge Alicia O. Valle will be held in Courtroom 205 in the Fort Lauderdale Federal Courthouse.

CERTIFICATE OF SERVICE by Louis Vuitton Malletier re [22] Notice (Other) upon Defendants via Electronic Mail and via Website Posting

Clerk's Notice to Filer re 18 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.

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): crewkicks.xyz, getreadys.net, mangomeee.net, mangosneakers.com, redditsneakers.com and tonysneaker.xyz.

NOTICE of Filing Proposed Summons(es) by Louis Vuitton Malletier

Summon(s)

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

PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Preliminary Injunction Hearing held on 1/17/2024. Oral argument heard from Plaintiff. Defendants were not present. Report and Recommendation to follow. Total time in court: 15 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez, (Digital 10:04:23)

PAPERLESS ORDER GRANTING 18 Plaintiff's Motion to Unseal (the "Motion"). In the Motion, Plaintiff requests the "matter be unsealed and the portions of the docket relating to Plaintiff's Ex Parte Application, together with all other documents that have been restricted from the Court docket, be returned to the public portions of the Court file." ECF No. 18 at 2. Accordingly, the Clerk is directed to unseal all prior docket entries in this case. Signed by Magistrate Judge Alicia O. Valle on 1/17/2024.

NOTICE of Compliance (All Docket Entries in this Case Unsealed) re 29 Order on Motion to Unseal Document

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against Louis Vuitton Malletier, filed by Louis Vuitton Malletier.

Exhibit 1 to Amended Complaint Certificates of Registration for Louis Vuitton T

Plaintiff's MOTION for Extension of Time for Parties to Conduct Rule 26(f) Conference re [8] Pretrial Order, by Louis Vuitton Malletier. Responses due by 2/2/2024.

Reset Deadlines: Joint Scheduling Report due by 2/18/2024 per d.e.[33]Order. (Text entry; no document attached.)

Text of Proposed Order

Declaration of Virgilio Gigante in Support Thereof

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Order Extending Deadline for Parties to Conduct Rule 26(f) Conference. 32. Therein, Plaintiff requests a 30-day extension of time to submit a joint scheduling report because Defendants were only recently served and Plaintiff does not anticipate being able to prepare a joint scheduling report within the current timeframe. See generally id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 32 is GRANTED. The Parties shall submit a joint scheduling report on or before February 18, 2024. Signed by Judge K. Michael Moore on 1/22/2024.

Reset Deadlines: Joint Scheduling Report due by 2/18/2024 per d.e.[33]Order. (Text entry; no document attached.)

REPORT AND RECOMMENDATION on Plaintiff's [6] Motion for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets that Plaintiff's request for a preliminary injunction be GRANTED. Objections to R&R due by February 5, 2024. Signed by Magistrate Judge Alicia O. Valle on 1/22/2024. See attached document for full details.

Plaintiff's NOTICE upon Defendants via Electronic Mail by Louis Vuitton Malletier re [34] Report and Recommendations, Preliminary Injunction

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Louis Vuitton Malletier re [34] Report and Recommendations, Preliminary Injunction, upon Defendants via website posting

ORDER Adopting [34] Report and Recommendations. Signed by Judge K. Michael Moore on 2/6/2024. See attached document for full details.

SUMMONS (Affidavit) Returned Executed on [1] Complaint, [31] Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Louis Vuitton Malletier. crewkicks.xyz served on 1/18/2024, response/answer due 2/8/2024; getreadys.net served on 1/18/2024, response/answer due 2/8/2024; mangomeee.net served on 1/18/2024, response/answer due 2/8/2024; mangosneakers.com served on 1/18/2024, response/answer due 2/8/2024; redditsneakers.com served on 1/18/2024, response/answer due 2/8/2024; tonysneaker.xyz served on 1/18/2024, response/answer due 2/8/2024.

Affidavit of Service

Affidavit of Service

Plaintiff's NOTICE upon Defendants via Electronic Mail by Louis Vuitton Malletier re [37] Order on Report and Recommendations, Order on Ex Parte Motion

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by Louis Vuitton Malletier re [37] Order on Report and Recommendations, Order on Ex Parte Motion upon Defendants via website posting

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations Identified on Schedule A, crewkicks.xyz, getreadys.net, mangomeee.net, mangosneakers.com, redditsneakers.com, tonysneaker.xyz by Louis Vuitton Malletier.

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

Text of Proposed Order

Clerk's Entry of Default as to crewkicks.xyz, getreadys.net, mangomeee.net, mangosneakers.com, redditsneakers.com, tonysneaker.xyz - Motions Terminated: 41 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 2/9/2024.

PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default as to Defendants crewkicks.xyz, getreadys.net, mangomeee.net, mangosneakers.com, redditsneakers.com, and tonysneaker.xyz 42. Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or the Court will be divested of jurisdiction to enforce any judgment against Defendants. Plaintiffs Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendants, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via. 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Southern District of Florida Local Rules. Signed by Judge K. Michael Moore on 2/12/2024.

Plaintiff's MOTION for Default Judgment and Memorandum of Law In Support Thereof by Louis Vuitton Malletier.

Text of Proposed Order Final Judgment

Declaration of Virgilio Gigante in Support Thereof

Plaintiff's MOTION or Relief from Pretrial Order re [33] Order on Motion for Extension of Time, by Louis Vuitton Malletier.

Text of Proposed Order

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Relief from Order. 45. Therein, Plaintiff requests that this Court grant it relief from the Pretrial Order requiring the Parties to hold a scheduling conference, in light of Defendants' failure to appear and Plaintiff's recently filed Motion for Default Judgment. See generally id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 45 is GRANTED. Plaintiff is relieved of its obligation to hold a scheduling conference and submit a joint scheduling report. The Court shall render an Order on Plaintiff's Motion for Default Judgment 44 in due course. Signed by Judge K. Michael Moore on 2/22/2024.

PAPERLESS ORDER ON DEFAULT PROCEDURE. On February 9, 2024, a clerk's default was entered against Defendants. On February 21, 2024, Plaintiff filed its Motion for Default Judgment in accordance with this Court's Paperless Notice of Court Practice Upon Entry of Default. (ECF Nos. 43, 44). This case is CLOSED for administrative purposes. The Court shall render an Order on Plaintiff's Motion for Default Judgment 44 in due course. Signed by Judge K. Michael Moore on 2/29/2024.

ORDER granting [44] Motion for Default Judgment. Signed by Judge K. Michael Moore on 5/7/2024. See attached document for full details.

AMENDED ORDER replacing ECF No. [48], Order granting [44] Motion for Default Judgment. Signed by Judge K. Michael Moore on 6/21/2024. See attached document for full details.

Exhibit Schedule A