2024-cv-21136

COMPLAINT against The Corporations, Limited Liability Companies, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17395195, filed by Tushbaby, Inc.

Exhibit 1 - Copyrights

(Civil Cover Sheet)

Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE

Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Tushbaby, Inc.

Plaintiff's MOTION for Leave to File Excess Pages by Tushbaby, Inc.

(Text of Proposed Order)

Plaintiff's EX PARTE MOTION 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 by Tushbaby, Inc.

Declaration of Marshall Dore Louis

Exhibit 1

(Text of Proposed Order) Modified to Unseal per Order DE 22 on 4/17/2024 (pcs)

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

(Text of Proposed Order)

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Exceed Page Limitation (the "Motion"), ECF No. 5. Upon due consideration of the Motion and the relevant authorities, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Internet Stores, a Temporary Asset Restraint, and Expedited Discovery, shall be no longer than thirty-six pages. Signed by Judge Jacqueline Becerra on 3/29/2024.

Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery by Tushbaby, Inc.

Declaration of Tammy Rant

Exhibit

Exhibit

(Text of Proposed Order) Modified to Unseal per Order DE 22 on 4/17/2024 (pcs)

ORDER REGARDING PROCEDURES ON DEFAULTS, CERTIFICATE OF INTERESTED PARTIES AND JOINT SCHEDULING REPORTS Signed by Judge Jacqueline Becerra on 4/1/2024. See attached document for full details.

ORDER ON PLAINTIFF'S EX PARTE MOTION FOR ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS ON DEFENDANTS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3) granting 6 Ex Parte Motion. Signed by Judge Jacqueline Becerra on 4/3/2024. See attached document for full details. (pcs) Modified to Unseal per Order DE 22 on 4/17/2024

SEALED ORDER GRANTING EX PARTE APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER granting 9 Ex Parte Motion. Signed by Judge Jacqueline Becerra on 4/3/2024. See attached document for full details. (pcs) Modified to Unseal per Order DE 22 on 4/17/2024

NOTICE of Filing Proposed Summons(es) by Tushbaby, Inc.

(Proposed Summons)

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

Notice of Posting Bond by Tushbaby, Inc.

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to File Under Seal (the "Motion"), ECF No. 7. Upon due consideration of the Motion and the pertinent authorities, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiff shall file Schedule A to Plaintiff's Complaint under seal. The Clerk of Court shall maintain Schedule A to Plaintiff's Complaint under seal pending further order of the Court. Signed by Judge Jacqueline Becerra on 4/11/2024.

Sealed Document - Notice of Filing Schedule A re DE# 16 Order on Motion to Seal, by Tushbaby, Inc.

(Schedule A) Modified to Unseal per Order DE 22 on 4/17/2024 (pcs)

Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on its Motion for Preliminary Injunction by Tushbaby, Inc.

Declaration of Marshall Dore Louis

(Text of Proposed Order)

CERTIFICATE OF SERVICE by Tushbaby, Inc.

Plaintiff's MOTION to Unseal Document by Tushbaby, Inc. Responses due by 4/30/2024.

(Text of Proposed Order)

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): Agudan Global, Fleerose, FRUITEAM HOME, Rough Road 2015, Shiaon and ZOOYEE.

PAPERLESS ORDER ON PLAINTIFF'S MOTION TO UNSEAL. THIS CAUSE came before the Court upon Plaintiff's Motion to Unseal (the "Motion"), ECF No. 20. Upon due consideration of the Motion and the pertinent authorities, it is hereby ORDERED AND ADJUGED that the Motion is GRANTED. The Clerk of Court shall unseal all sealed entries on the docket, including ECF Nos. 6, 9, 11, 12, and 17, and return them to the public portions of the court file. Signed by Judge Jacqueline Becerra on 4/16/2024.

PAPERLESS ORDER ON PLAINTIFF'S MOTION TO EXTEND EX PARTE TEMPORARY RETRAINING ORDER AND SCHEDULE HEARING ON ITS MOTION FOR PRELIMINARY INJUNCTION. THIS CAUSE came before the Court upon Plaintiff's Motion to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on its Motion for Preliminary Injunction (the "Motion"), ECF No. 18. Upon due consideration of the Motion, the pertinent authorities, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED as follows: the Temporary Restraining Order in ECF No. 12 (the "TRO") shall be extended by a period of fourteen days from the date of this Order. It is further ORDERED AND ADJUGED that an evidentiary hearing is hereby set before the undersigned on April 26, 2024, at 9:00 a.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Justice Building, 99 N.E. 4th Street Miami, Florida, 33132, at which time the Defendants and/or any other affected persons may challenge the appropriateness of the TRO and move to dissolve the same and at which time the Court will hear argument on the Plaintiff's requested preliminary injunction. The Defendants are hereby on notice that failure to appear at the hearing may result in the imposition of a preliminary injunction against them pursuant to 15 U.S.C. § 1116(d); Fed. R. Civ. P. 65, The All Writs Act, 28 U.S.C. § 1651(a); and this Court's inherent authority. In the event no Defendant appears prior to the hearing, the Court may cancel the hearing. Plaintiff shall promptly serve a copy of this Order on all Defendants and thereafter file proof of service on the docket. Signed by Judge Jacqueline Becerra on 4/16/2024.

Clerk's NOTICE of Compliance re 22 Order on Motion to Unseal Document. All Docket Entries Unsealed.

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

NOTICE of Compliance by Tushbaby, Inc. re 23 Order on Motion for Miscellaneous Relief

NOTICE of Attorney Appearance by Andrew Jonathan Palmer on behalf of ZOOYEE. Attorney Andrew Jonathan Palmer added to party ZOOYEE(pty:dft).

RESPONSE in Opposition re 18 Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on its Motion for Preliminary Injunction, 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery filed by Shiaon. Replies due by 5/2/2024.

Exhibit Exh "A"

Exhibit Exh "B"

Exhibit Exh "C"

(Affidavit Exh "D")

NOTICE of Attorney Appearance by Rossana Baeza on behalf of Tushbaby, Inc. Attorney Rossana Baeza added to party Tushbaby, Inc.(pty:pla).

PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Miscellaneous Hearing held on 4/26/2024. Plaintiff requested continuance. Defendant objected. Court continues Evidentiary Hearing to 4/30/2024 at 10:00 AM. Attorney Appearance(s): Jianyin Liu, Rossana Baeza, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov.

PAPERLESS ORDER RESETTING PRELIMINARY INJUNCTION HEARING. The evidentiary hearing set by ECF No. 23 on Plaintiff's requested preliminary injunction is hereby RESET as to Defendant, Shiaon, to April 30, 2024 at 10:00 a.m. Signed by Judge Jacqueline Becerra on 4/26/2024.

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

STRICKEN per DE 38. RESPONSE in Opposition re 18 Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on its Motion for Preliminary Injunction, 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery filed by Fleerose. Replies due by 5/6/2024.

Exhibit A- Tushbaby Website Product Printout

Exhibit B- Tushbaby Amazon Product Printout

Exhibit C- Copyright of Fleerose

Affidavit D- Liu Decl.

Exhibit E - Fleerose's Patent

(Exhibit F - Patent Claims) Modified on 4/30/2024 (pcs)

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

RESPONSE in Opposition re 18 Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on its Motion for Preliminary Injunction, 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery filed by CozyOne. Replies due by 5/6/2024.

PAPERLESS ORDER RESETTING HEARING. **TIME CHANGE ONLY** The evidentiary hearing set by ECF No. 31 on Plaintiff's requested preliminary injunction is hereby RESET as to Defendant, Shiaon, to April 30, 2024 at 9:00 a.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Courthouse, 99 N.E. 4th Street, Miami, Florida, 33132. Signed by Judge Jacqueline Becerra on 4/26/2024. Signed by Judge Jacqueline Becerra on 4/29/2024.

EMERGENCY MOTION with Certification of Emergency included by Shiaon. Responses due by 5/13/2024.

NOTICE of Striking 33 Response in Opposition to Motion, filed by Fleerose by Fleerose

RESPONSE in Opposition re 18 Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Schedule Hearing on its Motion for Preliminary Injunction, 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery filed by Fleerose. Replies due by 5/6/2024.

Exhibit A- Tushbaby Website Product

Exhibit B- Tushbaby Amazon Product Printout

Exhibit C- Copyright of Fleerose

Affidavit D- Liu Decl.

Exhibit E - Fleerose's Patent

(Exhibit F - Patent Claims)

PAPERLESS ORDER granting 37 Emergency Motion with Certification of Emergency. **TIME CHANGE ONLY** The evidentiary hearing set by ECF No. 36 on Plaintiff's requested preliminary injunction is hereby RESET as to Defendant, Shiaon, to April 30, 2024 at 9:30 a.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Courthouse, 99 N.E. 4th Street, Miami, Florida, 33132. Signed by Judge Jacqueline Becerra on 4/29/2024.

PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra:, Evidentiary Motion Hearing held on 4/30/2024 re 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery filed by Tushbaby, Inc. Order to follow. Attorney Appearance(s): Jianyin Liu, Marshall Dore Louis, Rossana Baeza, Andrew Jonathan Palmer, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov.

Plaintiff's NOTICE of Filing Proposed Orders re Plaintiff's Application for Preliminary Injunction by Tushbaby, Inc.

Text of Proposed Order as to Defendants Agudan Global (DOE No. 1), FRUITEAM HOME (DOE No. 3), and Rough Road 2015 (DOE No. 4)

(Text of Proposed Order as to Defendant Shiaon (DOE No. 5))

PAPERLESS ORDER MEMORIALIZING HEARING. THIS CAUSE came before the Court upon Plaintiff's request for a preliminary injunction (the "Motion") in ECF No. 9. The Court held a hearing on the Motion as it applies to Defendant, Shiaon, on April 30, 2024 (the "Hearing"). Counsel for Defendants Shiaon and Fleerose was present at the Hearing, as well as counsel for Defendant ZOOYEE. Upon due consideration of the Motion, the arguments of the Parties, the relevant authorities, the pertinent portions of the record, and for the reasons articulated on the record at the Hearing, which are incorporated herein, the Court ruled as follows: 1.Extension of the TRO. For good cause shown, and in the absence of any objection, the temporary restraining order entered in ECF No. 12 (the "TRO") shall be extended as to Defendants Shiaon, ZOOYEE, and Fleerose until close of business on May 3, 2024. 2.Defendant Shiaon. Shiaon may file any objections to Plaintiff's proposed order for the Motion as to Shiaon by no later than close of business on May 1, 2024. 3.Defendant Fleerose. By no later than close of business on May 1, 2024, Plaintiff shall file a reply to Fleerose's Response in Opposition to Plaintiff's Motion, ECF No. 39, which reply shall specifically address Fleerose's arguments regarding its newly issued design patent. 4.Defendant ZOOYEE. By no later than close of business on May 1, 2024, ZOOYEE shall file a response in opposition to the Motion. 5.Evidentiary Hearing. An evidentiary hearing on the Motion as it relates to Defendants Fleerose and ZOOYEE is hereby SET for May 2, 2024 at 3:00 p.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Courthouse, 99 N.E. 4th Street, Miami, Florida, 33132. Plaintiff shall submit proposed orders for the Motion as it relates to Fleerose and ZOOYEE by no later than May 2, 2024 at 12:00 p.m. Signed by Judge Jacqueline Becerra on 5/1/2024.

NOTICE of Filing Patent Copy and Copyrighted Pictures by Fleerose re 39 Response in Opposition to Motion

Exhibit A- Patent

(Exhibit B- Copyrighted Pictures)

NOTICE of Filing Objections to Plaintiff's Proposed Order per Order [DE 43] by Shiaon re 42 Notice (Other)

(Exhibit A- Patent No. US 20160286980 A1)

NOTICE of Filing Declaration of No Conflict of Interest by Fleerose

RESPONSE in Opposition re 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery filed by ZOOYEE. Replies due by 5/8/2024.

Declaration of Xie

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

Plaintiff's REPLY to Response to Motion re 9 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery filed by Tushbaby, Inc.

MOTION to Consolidate Cases by Fleerose. Responses due by 5/16/2024.

Plaintiff's NOTICE of Filing Proposed Orders re Plaintiff's Application for Preliminary Injunction by Tushbaby, Inc.

Text of Proposed Order as to Defendant Fleerose (DOE No. 2)

(Text of Proposed Order as to Defendant ZOOYEE (DOE NO. 6))

PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Evidentiary Hearing held on 5/2/2024. Order to follow. Attorney Appearance(s): Jianyin Liu, Rossana Baeza, Andrew Jonathan Palmer, Other appearances: Nicole Fundera. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov.

PAPERLESS ORDER MEMORIALIZING HEARING. THIS CAUSE came before the Court upon Plaintiff's request for a preliminary injunction (the "Motion") in ECF No. 9. The Court held a hearing on the Motion on May 2, 2024 (the "Hearing"). Upon due consideration of the Motion, the pertinent authorities, and the relevant portions of the record, and for the reasons articulated on the record at the Hearing, which are incorporated herein, the Parties were ORDERED to adhere to the following briefing schedule: Plaintiff shall amend the Motion by no later than May 13, 2024 to address the deficiencies noted at the Hearing, specifically including arguments regarding the patents discussed in ECF Nos. 44 and 47. Defendants shall have seven days after the amended Motion is filed to file their responses thereto. Plaintiff shall have five days after the filing of any response to the Motion to file its reply. Signed by Judge Jacqueline Becerra on 5/3/2024.

Notice of Pending, Refiled, Related or Similar Actions by Tushbaby, Inc.

ORDER OF TRANSFER to Judge David S. Leibowitz for all further proceedings, accepted and signed on 5/6/2024. Judge Jacqueline Becerra no longer assigned to case Signed by Judge Jacqueline Becerra on 5/6/2024. See attached document for full details.

ORDER: Plaintiff should strike the motion and notices it has filed in Case No. 1:24-cv-20941 and should refile them in this case no later than Friday, May 17, 2024. Until the Court has determined whether the cases should be consolidated, the parties should continue to submit filings in each individual case. Signed by Judge David S. Leibowitz on 5/14/2024. See attached document for full details.

NOTICE of Voluntary Dismissal of Defendant Nos. 1 (Agudan Global) and 4 (Rough Road 2015) by Tushbaby, Inc.

Amended MOTION for Preliminary Injunction Against Certain Defendants by Tushbaby, Inc.

Declaration of Tamara Rant

Exhibit 1 to Declaration of Tamara Rant

Exhibit 2 to Declaration of Tamara Rant

Text of Proposed Order re Defendant Fleerose

Text of Proposed Order re Defendant Fruiteam Home

Text of Proposed Order re Defendant Shiaon

(Text of Proposed Order re Defendant ZOOYEE)

ORDER Dismissing Defendants Agudan Global and Rough Road 2015 Signed by Judge David S. Leibowitz on 5/16/2024. See attached document for full details.

RESPONSE in Opposition re 57 Amended MOTION for Preliminary Injunction Against Certain Defendants filed by Fleerose. Replies due by 5/24/2024.

Exhibit A- Fleerose's Copyright

Exhibit B- Fleerose's Design Patent

Exhibit C- Plf's Product Page

Exhibit D- Plf's Product Page 2

(Exhibit E- Utility Patent)

RESPONSE in Opposition re 57 Amended MOTION for Preliminary Injunction Against Certain Defendants filed by Shiaon. Replies due by 5/24/2024.

(Exhibit A- Utility Patent)

RESPONSE in Opposition re 57 Amended MOTION for Preliminary Injunction Against Certain Defendants filed by ZOOYEE. Replies due by 5/29/2024.

Declaration of Xie

Exhibit 1 of Declaration of Xie

Exhibit 2 of Declaration of Xie

Exhibit 3 of Declaration of Xie

Exhibit 4 of Declaration of Xie

(Exhibit A)

REPLY to Response to Motion re 57 Amended MOTION for Preliminary Injunction Against Certain Defendants filed by Tushbaby, Inc.

REPLY to Response to Motion re 57 Amended MOTION for Preliminary Injunction Against Certain Defendants filed by Tushbaby, Inc.

Notice of Pending, Refiled, Related or Similar Actions by Tushbaby, Inc.

ORDER TO SHOW CAUSE REGARDING JOINDER OF PARTIES: Show Cause Response due by 7/19/2024. Show Cause Hearing set for 7/26/2024 2:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 7/1/2024. See attached document for full details.

NOTICE of Voluntary Dismissal of Defendant No. 3 (FRUITEAM HOME) by Tushbaby, Inc.

ORDER re 66 Notice of Voluntary Dismissal filed by Tushbaby, Inc. It is ORDERED AND ADJUDGED that the instant action is DISMISSED without prejudice against Defendant 3 (FRUITEAM HOME). FRUITEAM HOME terminated. Signed by Judge David S. Leibowitz on 7/15/2024. See attached document for full details.

RESPONSE TO ORDER TO SHOW CAUSE re 65 Order to Show Cause, by Tushbaby, Inc.

Exhibit 1

Exhibit 2

(Exhibit 3)

Unopposed MOTION for Leave to Appear Remotely at the Hearing by ZOOYEE.

ORDER Granting 69 Motion for Leave to Appear Remotely at the Hearing. The Court will follow up with a link for Defendant ZOOYEE to call into for the hearing set for Friday, July 26, 2024. Only Defendant ZOOYEE may appear by calling in remotely. Signed by Judge David S. Leibowitz on 7/23/2024. See attached document for full details.

NOTICE SETTING HEARING: PLEASE TAKE NOTICE that Defendant ZOOYEE may call into the hearing scheduled for July 26, 2024, at 2:00 p.m. by dialing +1 (646) 828-7666. The Meeting ID is 160 384 7043, and the passcode is 756863. Signed by Judge David S. Leibowitz on 7/25/2024. See attached document for full details.

PAPERLESS Minute Entry for proceedings held before Judge David S. Leibowitz: Show Cause Hearing held on 7/26/2024. Total time in court: 45 minutes. Attorney Appearance(s): Jianyin Liu, Marshall Dore Louis, Andrew Jonathan Palmer, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov.

TRANSCRIPT of show cause hearing held on 07/26/2024 before Judge David S. Leibowitz, 1-36 pages, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@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 8/22/2024. Redacted Transcript Deadline set for 9/3/2024. Release of Transcript Restriction set for 10/30/2024.

ORDER: Plaintiff's Amended Motion for Entry of a Preliminary Injunction Against Certain Defendants [ECF No. 57] is DENIED. Defendant Fleerose's Motion to Consolidate [ECF No. 49] is DENIED as MOOT. All remaining Defendants, with the exception of Defendant Number 2 on Schedule A, Fleerose [ECF No. 17-1], are SEVERED from this action. All claims against the severed Defendants are DISMISSED without prejudice for refiling in separate actions consistent with this Order. The Clerk of Court is instructed to ADMINISTRATIVELY CLOSE this case. Closing Case. Signed by Judge David S. Leibowitz on 8/8/2024. See attached document for full details.

FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE.

(Order at DE#74) (scn)

Plaintiff's AMENDED COMPLAINT against Fleerose, filed by Tushbaby, Inc.

(Exhibit 1)

MOTION to Dismiss 76 Amended Complaint/Amended Notice of Removal by Fleerose. Responses due by 9/9/2024.

NOTICE of Attorney Appearance by James Murray Slater on behalf of Tushbaby, Inc. Attorney James Murray Slater added to party Tushbaby, Inc.(pty:pla).

ORDER OF TRANSFER accepted and signed on 8/27/2024. Judge Jose E. Martinez no longer assigned to case. This case is CONSOLIDATED with Case No. 24-cv-21136-DSL. All pleadings filed after this date shall be filed under Case No. 24-cv-21136-DSL. The Clerk shall CLOSE Case No. 24-cv-23235-DSL for administrative purposes only. Signed by Judge Jose E. Martinez on 8/27/2024. See attached document for full details. Associated Cases: 1:24-cv-21136-DSL, 1:24-cv-23235-JEM

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Leo L. Lichtman. Filing Fee $ 200.00 Receipt # AFLSDC-17805749 by Tushbaby, Inc. Responses due by 9/17/2024.

(Text of Proposed Order)

PAPERLESS ORDER granting 80 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Leo M. Lichtman. Attorney Leo M. Lichtman is permitted to appear before this Court on behalf of Plaintiff Tushbaby, Inc. for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Attorney Leo M. Lichtman at leo@esca.legal. Signed by Judge David S. Leibowitz

MOTION to Reopen Case by Tushbaby, Inc.

(Text of Proposed Order)

ORDER granting 82 Motion to Reopen Case. Signed by Judge David S. Leibowitz on 9/5/2024. See attached document for full details.

Consent AMENDED COMPLAINT Second against Fleerose, filed by Tushbaby, Inc.

Exhibit 1

Exhibit 2

(Exhibit 3)

Plaintiff's MOTION to Withdraw as Attorney by Marshall Dore Louis and Rossana Baeza for / by Tushbaby, Inc. Responses due by 9/23/2024.

(Text of Proposed Order)

ORDER denying as moot 77 Motion to Dismiss. Signed by Judge David S. Leibowitz on 9/9/2024. See attached document for full details.

ORDER granting 85 Motion to Withdraw as Attorney. Marshall Dore Louis representing Tushbaby, Inc. (Plaintiff) and Tushbaby, Inc. (Consol Plaintiff) withdrawn from case. Signed by Judge David S. Leibowitz on 9/10/2024. See attached document for full details.

CERTIFICATE OF SERVICE by Tushbaby, Inc. re 85 Plaintiff's MOTION to Withdraw as Attorney by Marshall Dore Louis and Rossana Baeza for /, 87 Order on Motion to Withdraw as Attorney

MOTION TO DISMISS 84 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Fleerose. Responses due by 9/30/2024.

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, COUNTERCLAIM with Jury Demand against Tushbaby, Inc. by Fleerose.

AMENDED COMPLAINT against ZOOYEE, filed by Tushbaby, Inc.

Exhibit 1

Exhibit 2

(Exhibit 3)

AMENDED COMPLAINT against Shiaon, filed by Tushbaby, Inc.

Exhibit 1

Exhibit 2

(Exhibit 3)

MOTION to Dismiss 92 Amended Complaint/Amended Notice of Removal for Violation of Court Order [DE 74] by Shiaon. Responses due by 10/7/2024.

MOTION to Withdraw as Attorney by Rossana Baeza for / by Tushbaby, Inc. Responses due by 10/7/2024.

(Text of Proposed Order)

ORDER granting 94 Motion to Withdraw as Attorney. Rossana Baeza representing Tushbaby, Inc. (Plaintiff) and Tushbaby, Inc. (Counter Defendant) withdrawn from case. Signed by Judge David S. Leibowitz on 9/23/2024. See attached document for full details.

NOTICE of Withdrawing Motion to Dismiss by Shiaon re 93 MOTION to Dismiss 92 Amended Complaint/Amended Notice of Removal for Violation of Court Order [DE 74]

CERTIFICATE OF SERVICE by Tushbaby, Inc. re 95 Order on Motion to Withdraw as Attorney

ORDER denying as moot 93 MOTION to Dismiss 92 Amended Complaint/Amended Notice of Removal (for Violation of Court Order [DE 74]). Signed by Judge David S. Leibowitz on 9/24/2024. See attached document for full details.

RESPONSE in Opposition re 89 MOTION TO DISMISS 84 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Tushbaby, Inc. Replies due by 10/3/2024.

MOTION TO DISMISS 92 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Shiaon. Responses due by 10/15/2024.

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, COUNTERCLAIM against Tushbaby, Inc. by Shiaon.

REPLY to Response to Motion re 89 MOTION TO DISMISS 84 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Fleerose.

MOTION TO DISMISS 101 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM by Tushbaby, Inc. Responses due by 10/21/2024.

AFFIDAVIT signed by: Leo M. Lichtman re 103 MOTION TO DISMISS 101 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM by Tushbaby, Inc.

(Exhibit 1)

RESPONSE in Opposition re 100 MOTION TO DISMISS 92 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Tushbaby, Inc. Replies due by 10/22/2024.

REPLY to Response to Motion re 100 MOTION TO DISMISS 92 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Shiaon.

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, Amended COUNTERCLAIM against Tushbaby, Inc. by Fleerose.

(Exhibit A-'980 Patent)

ORDER, granting Motion to Consolidate. The Clerk of Court shall CONSOLIDATE this case Tushbaby, Inc. v. Fleerose, No. 1:24-cv-22149-LEIBOWITZ (S.D. Fla.) with consolidated case Tushbaby, Inc. v. The Corporations, Limited Liability Companies, and Unincorporated Associations Identified on Schedule A, No. 1:24- cv-21136-LEIBOWITZ (S.D. Fla.). All future pleadings, motions, or other papers shall be filed in case number 1:24-cv-21136-LEIBOWITZ and bear only the caption of that case. Signed by Judge David S. Leibowitz on 10/17/2024. See attached document for full details.

MOTION TO DISMISS 101 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM by Tushbaby, Inc. Responses due by 11/7/2024.

Unopposed MOTION for Leave to File Motion to Dismiss Shiaon's Counterclaim Out of Time by Tushbaby, Inc.

(Text of Proposed Order)

ORDER granting 110 Motion to Accept Motion to Dismiss Shiaon's Counterclaim as Timely. Signed by Judge David S. Leibowitz on 10/24/2024. See attached document for full details.

ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, Amended COUNTERCLAIM as a Matter of Course against Tushbaby, Inc. by Shiaon.

(Exhibit A- '980 Patent)

MOTION TO DISMISS 107 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM by Tushbaby, Inc. Responses due by 11/14/2024.

(Affidavit of Leo M. Lichtman)

RESPONSE in Opposition re 113 MOTION TO DISMISS 107 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM filed by Fleerose. Replies due by 11/12/2024.

MOTION TO DISMISS 112 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM by Tushbaby, Inc. Responses due by 11/26/2024.

REPLY to Response to Motion re 113 MOTION TO DISMISS 107 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM filed by Tushbaby, Inc.

RESPONSE in Opposition re 115 MOTION TO DISMISS 112 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM filed by Shiaon. Replies due by 11/26/2024.

REPLY to Response to Motion re 115 MOTION TO DISMISS 112 Answer to Amended Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM filed by Tushbaby, Inc.

ORDER denying as moot 103 Motion to Dismiss for Failure to State a Claim; denying as moot 109 Motion to Dismiss for Failure to State a Claim. Signed by Judge David S. Leibowitz on 12/6/2024. See attached document for full details.

ORDER denying 89 Motion to Dismiss for Failure to State a Claim. Signed by Judge David S. Leibowitz on 12/8/2024. See attached document for full details.

Second ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, COUNTERCLAIM against Tushbaby, Inc. by Fleerose.

(Exhibit A- Prior Art)

ORDER denying 100 Motion to Dismiss for Failure to State a Claim. Signed by Judge David S. Leibowitz See attached document for full details.

Second ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand, COUNTERCLAIM against Shiaon by Shiaon.

RESPONSE to 123 Answer to Amended Complaint, Counterclaim, 121 Answer to Amended Complaint, Counterclaim Regarding Refiled Counterclaims by Tushbaby, Inc.

MOTION for Clerk's Entry of Default as to ZOOYEE by Tushbaby, Inc.

Affidavit of Leo M. Lichtman

Amended Corporate Disclosure Statement by Tushbaby, Inc.

Clerk's Entry of Default as to ZOOYEE - Motions Terminated: 125 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 12/26/2024.

ORDER granting 113 Motion to Dismiss for Failure to State a Claim; granting 115 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 2/3/2025. Signed by Judge David S. Leibowitz on 1/7/2025. See attached document for full details.

Joint SCHEDULING REPORT - Rule 16.1 by Tushbaby, Inc.

(Text of Proposed Order)

ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 2/9/2026 in Fort Lauderdale Division before Judge David S. Leibowitz., Calendar Call set for 2/2/2026 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge David S. Leibowitz on 1/14/2025. See attached document for full details. (pcs) 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.

NOTICE of Mediator Selection and Hearing. Selected/Added Mark Stein as Mediator. Mediation Hearing set for 6/30/2025 at 10:00 a.m.

Text of Proposed Order

ORDER Scheduling Mediation before Mediator Mark Stein. Mediation Hearing set for 6/30/2025 10:00 AM via ZOOM. Signed by Judge David S. Leibowitz on 3/7/2025. See attached document for full details. (ar24)

MOTION to Withdraw as Attorney by Andrew J. Palmer for / by ZOOYEE. Responses due by 4/10/2025.

Text of Proposed Order

ORDER granting 133 Motion to Withdraw as Attorney. Andrew Jonathan Palmer representing ZOOYEE (Defendant) withdrawn from case. Deadline to obtain new counsel 4/21/2025. Motion for Default Judgment due by 5/2/2025. Signed by Judge David S. Leibowitz on 3/27/2025. See attached document for full details.

MOTION for Judgment and Permanent Injunction against Defendant ZOOYEE by Tushbaby, Inc.

Declaration of Cassidy Moon

(Text of Proposed Order)

NOTICE of Settlement as to Shiaon and Fleerose only by Tushbaby, Inc.

Order Dismissing Party Shiaon and Fleerose. All existing deadlines are TERMINATED as to Defendants Shiaon and Fleerose. This case shall remain OPEN pending disposition of Plaintiff's Motion for Default Judgment as to Defendant Zooyee Signed by Judge David S. Leibowitz on 5/6/2025. See attached document for full details. (ar24)

ORDER granting 135 Motion for Judgment. Signed by Judge David S. Leibowitz on 5/28/2025. See attached document for full details. (ar24)

DEFAULT JUDGMENT in favor of Tushbaby, Inc. against ZOOYEE, PERMANENT INJUNCTION Closing Case. Signed by Judge David S. Leibowitz on 5/28/2025. See attached document for full details. (ar24)

FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE

(Judgment) (ar24)

MOTION for Release of Bond by Tushbaby, Inc.

Text of Proposed Order

ORDER Granting 141 Motion for Release of Bond. Signed by Judge David S. Leibowitz on 6/5/2025. See attached document for full details. (ar24)

STIPULATION of Dismissal with Prejudice as to Shiaon by Tushbaby, Inc.

Unopposed MOTION for Extension of Time to File Stipulation of Dismissal as to Defendant Fleerose re [137] Order Dismissing Party, by Tushbaby, Inc. Responses due by 7/21/2025.

Text of Proposed Order

ORDERED AND ADJUDGED that pursuant to Rule 41(a)(1)(A)(ii), this action is DISMISSED with prejudice as to Defendant Shiaon. This case shall REMAIN CLOSED. Signed by Judge David S. Leibowitz on 7/7/2025. See attached document for full details. (ar24)

ORDER granting [144] Motion for Extension of Time. The parties shall file a stipulation of dismissal no later than July 21, 2025. Signed by Judge David S. Leibowitz on 7/7/2025. See attached document for full details. (ar24)

STIPULATION of Dismissal as to Fleerose by Tushbaby, Inc.