2024-cv-20020

COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17184608, filed by Metzfab Industries, LLC, Brandon Metzger.

Exhibit 1 to Complaint

Civil Cover Sheet

Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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

Plaintiff's Corporate Disclosure Statement and Notification as to Affiliates Pursuant to Federal Rule of Civil Procedure 7.1 by Brandon Metzger, Metzfab Industries, LLC

SYSTEM ENTRY - Docket Entry 5 [motion] restricted/sealed until further notice. (1301678) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (1301678) (Text entry; no document attached.)

Plaintiff's MOTION to Seal per Local Rule 5.4 by Brandon Metzger, Metzfab Industries, LLC.

(Text of Proposed Order)

ORDER granting [7] Motion to File Under Seal. Schedule A to the Plaintiffs' Complaint shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Roy K. Altman on 1/4/2024. See attached document for full details.

Order (Text entry; no document attached.)

ORDER IN CASES WITH MULTIPLE DEFENDANTS Signed by Judge Roy K. Altman on 1/4/2024. See attached document for full details.

Order (Text entry; no document attached.)

NOTICE of Filing Schedule A by Brandon Metzger, Metzfab Industries, LLC re [8] Order on Motion to Seal

NOTICE of Filing Proposed Summons(es) by Brandon Metzger, Metzfab Industries, LLC re [11] Order

Proposed Summons

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

NOTICE of Attorney Appearance by Rossana Baeza on behalf of Brandon Metzger, Metzfab Industries, LLC. Attorney Rossana Baeza added to party Brandon Metzger(pty:pla), Attorney Rossana Baeza added to party Metzfab Industries, LLC(pty:pla).

NOTICE of Attorney Appearance by Alisha Moriceau on behalf of Brandon Metzger, Metzfab Industries, LLC. Attorney Alisha Moriceau added to party Brandon Metzger(pty:pla), Attorney Alisha Moriceau added to party Metzfab Industries, LLC(pty:pla).

Plaintiff's MOTION for Temporary Restraining Order PLAINTIFFS MOTION TO EXTEND TEMPORARY RESTRAINING ORDER by Metzfab Industries, LLC. Responses due by 1/26/2024.

SYSTEM ENTRY - Docket Entry 19 [order] restricted/sealed until further notice. (Text entry; no document attached.)

Affidavit DECLARATION OF ALISHA MORICEAU IN SUPPORT OF PLAINTIFFS MOTION TO EXTEND TEMPORARY RESTRAINING ORDER

(Text of Proposed Order)

(STRICKEN per DE 21) NOTICE of Filing Proposed Summons(es) by Brandon Metzger, Metzfab Industries, LLC.

(Proposed Summons) Text Modified on 1/26/2024 (amb)

NOTICE of Striking 20 Notice of Filing Proposed Summons(es) filed by Brandon Metzger, Metzfab Industries, LLC by Brandon Metzger, Metzfab Industries, LLC

NOTICE of Voluntary Dismissal of Certain Defendant No. 8 (Black Sheep Creations) by Brandon Metzger, Metzfab Industries, LLC

ORDER re [22] Notice of Voluntary Dismissal filed by Brandon Metzger, Metzfab Industries, LLC. Accordingly, we hereby ORDER and ADJUDGE as follows: Defendant No. 8 from the Schedule A is DISMISSED without prejudice. Signed by Judge Roy K. Altman on 1/28/2024. See attached document for full details.

CERTIFICATE OF SERVICE by Brandon Metzger, Metzfab Industries, LLC Proof of Service

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): ApplianParDirect, fdsnh, Notonparts, will be ok, XiuGe Parts, mruw5890 and Huyedans Superstore.

Clerks Receipt for Bond per order of the court received on 2/1/2024 in the amount of $ 5,000.00, receipt number FLS281893 by Plaintiff.

Notice of Posting Bond in the amount of $5000.00 receipt # 281893 posted by Brandon Metzger, Metzfab Industries, LLC Approved by Judge Roy K. Altman

receipt

PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Preliminary Injunction Hearing held on February 2, 2024. Total time in court: 0 hours: 10 minutes. Attorney Appearance: Alisha Moriceau. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com.

Civil Case Terminated per DE [30] Order. Closing Case. (Text entry; no document attached.)

Set/Reset Response/Answer Due Deadline per DE [30] Order. ApplianParDirect response/answer due 2/22/2024; Huyedans Superstore response/answer due 2/22/2024; Notonparts response/answer due 2/22/2024; The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A response/answer due 2/22/2024; XiuGe Parts response/answer due 2/22/2024; fdsnh response/answer due 2/22/2024; mruw5890 response/answer due 2/22/2024; will be ok response/answer due 2/22/2024. (Text entry; no document attached.)

PAPERLESS ORDER directing the Clerk of the Court to UNSEAL all docket entries in this case and to return those portions of the docket to the public record. By February 6, 2024, the Plaintiffs must add all Defendants as parties to this case on CM/ECF. Signed by Judge Roy K. Altman on 2/3/2024.

PAPERLESS ORDER directing the Clerk of Court to CLOSE this case for administrative purposes. The Plaintiff served the Defendants on February 1, 2024, see [24] Proof of Service, consistent with our [10] Order Authorizing Alternative Service of Process. The Defendants' response to the Complaint is due, therefore, on February 22, 2024. By February 26, 2024, the Plaintiff must do one of two things: either move for Clerk's Entry of Default (if no Defendant has appeared) or move to reopen the case (if any Defendant has appeared). Signed by Judge Roy K. Altman on 2/3/2024.

CLERK'S NOTICE of Compliance unsealing documents per 29 Order.

ORDER GRANTING THE PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION Signed by Judge Roy K. Altman on 2/5/2024. See attached document for full details.

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A by Brandon Metzger, Metzfab Industries, LLC.

Declaration of Alisha Moriceau

Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Signed by DEPUTY CLERK on 2/27/2024.

Order on Default Final Judgment Procedure re 33 Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A filed by Brandon Metzger, Metzfab Industries, LLC, Set/Reset Deadlines/Hearings as to 33 Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A.(Responses due by 3/6/2024.) Signed by Judge Roy K. Altman on 2/27/2024. See attached document for full details.

NOTICE of Attorney Appearance by Jianyin Liu on behalf of Notonparts. Attorney Jianyin Liu added to party Notonparts(pty:dft).

Plaintiff's MOTION for Default Judgment against Defendants and Memorandum of Law in Support Thereof by Brandon Metzger, Metzfab Industries, LLC.

Declaration of Alisha Moriceau in Support of Plaintiff's Motion for Entry

Text of Proposed Order on Motion for Entry of Final Default Judgment

Text of Proposed Order Final Default Judgment and Permanent Injunction

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, by Notonparts.

Affidavit

Text of Proposed Order

NOTICE of Striking [38] Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, filed by Notonparts by Notonparts

MOTION to Vacate [34] Clerk's Entry/Non-Entry of Default by Notonparts. Responses due by 3/20/2024.

Text of Proposed Order

Affidavit

NOTICE of Filing Declaration of Jiyuan Zhang in Support of Motion to Vacate Default by Notonparts re [40] MOTION to Vacate [34] Clerk's Entry/Non-Entry of Default

Exhibit

NOTICE of Attorney Appearance by Mark Christopher Johnson on behalf of ApplianParDirect. Attorney Mark Christopher Johnson added to party ApplianParDirect(pty:dft).

RESPONSE in Opposition re [37] Plaintiff's MOTION for Default Judgment against Defendants and Memorandum of Law in Support Thereof filed by Notonparts. Replies due by 3/14/2024.

PAPERLESS ORDER granting the Defendant Notonparts's [40] Motion to Vacate the Clerk's Entry of Default. Accordingly, we direct the CLERK OF COURT to vacate [34] Entry of Default as to the Defendants Notonparts and ApplianParDirect (who has also appeared on the docket, see [42] Notice of Attorney Appearance). In the meantime, we will adjudicate the Plaintiff's [37] Motion for Default Judgment as to all the other Defendants who have yet to appear. Signed by Judge Roy K. Altman on 3/7/2024.

NOTICE of Compliance re [44] Order on Motion to Vacate. (DE [34] VACATED)

Set/Reset Response/Answer Due Deadline per DE [49] Order. ApplianParDirect response/answer due 4/1/2024; Notonparts response/answer due 4/1/2024. (Text entry; no document attached.)

MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Notonparts.

(Text of Proposed Order)

ORDER granting 37 Motion for Final Default Judgment. Signed by Judge Roy K. Altman on 3/8/2024. See attached document for full details.

Final Default Judgment and Permanent Injunction: in favor of Brandon Metzger, Metzfab Industries, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A; in favor of Brandon Metzger, Metzfab Industries, LLC against fdsnh; in favor of Brandon Metzger, Metzfab Industries, LLC against will be ok; in favor of Brandon Metzger, Metzfab Industries, LLC against XiuGe Parts; in favor of Brandon Metzger, Metzfab Industries, LLC against mruw5890; in favor of Brandon Metzger, Metzfab Industries, LLC against Huyedans Superstore Motions terminated: 45 MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, filed by Notonparts. Signed by Judge Roy K. Altman on 3/8/2024. See attached document for full details.

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

PAPERLESS ORDER. Now that default final judgment has been entered against the defaulting Defendants, see 47 Final Default Judgment and Permanent Injunction, we ORDER the non-defaulting Defendants-Notonparts and ApplianParDirect-to respond to the 1 Complaint by April 1, 2024. Signed by Judge Roy K. Altman on 3/8/2024.

SATISFACTION OF JUDGMENT of Defendant No. 7 (Huyedan's Superstore) by Brandon Metzger, Metzfab Industries, LLC

ORDER Scheduling Status Conferences: Status Conference set for 3/20/2024 03:00 PM in Miami Division before Judge Roy K. Altman. Signed by Judge Roy K. Altman on 3/14/2024. See attached document for full details.

NOTICE of Voluntary Dismissal of Certain Defendants No. 3 (Notonparts) by Brandon Metzger, Metzfab Industries, LLC

SATISFACTION OF JUDGMENT of Defendants Nos. 4 (will be ok) and 5 (XiuGe Parts) by Brandon Metzger, Metzfab Industries, LLC

Order Dismissing Party Notonparts re [53] Notice of Voluntary Dismissal Signed by Judge Roy K. Altman on 3/18/2024. See attached document for full details.

NOTICE of Settlement of Claims against Defendant ApplianParDirect (DOE 1) by Brandon Metzger, Metzfab Industries, LLC

PAPERLESS NOTICE OF CANCELLATION OF HEARING: The Status Conference previously set for March 20, 2024, has been cancelled.

ORDER Dismissing Case (Without Prejudice) Signed by Judge Roy K. Altman on 3/19/2024. See attached document for full details.

NOTICE of Voluntary Dismissal of Certain Defendant No. 1 (ApplianParDirect) by Brandon Metzger, Metzfab Industries, LLC

MOTION for Disbursement of Funds by Brandon Metzger, Metzfab Industries, LLC.

Text of Proposed Order - Proposed Disbursement Order

DISBURSEMENT ORDER granting 60 Motion for Disbursement of Funds to Boies Schiller Flexner LLP in the amount of $5,000.00. Signed by Judge Roy K. Altman on 6/11/2024. See attached document for full details.