2024-cv-24372

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17967523, filed by YETI COOLERS, LLC.

Civil Cover Sheet

Exhibit 1 to Complaint - Certificates of Registration for the YETI Trademarks

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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website.

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

Corporate Disclosure Statement by YETI COOLERS, LLC identifying Corporate Parent YETI Holdings, Inc. for YETI COOLERS, LLC

Plaintiff's MOTION to Seal per Local Rule 5.4 by YETI COOLERS, LLC.

Text of Proposed Order

PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 11/7/2024.

PAPERLESS ORDER REQUIRING NOTICE OF RELATED ACTION. Plaintiff shall file a Notice of Related Action by November 14, 2024 identifying any other actions pending in the Southern District of Florida which involve the trademark(s) at issue in this case, along with an explanation why these claims and defendants were not included in those actions. Signed by Judge Jacqueline Becerra on 11/7/2024.

ORDER granting [5] Plaintiff's Motion to Seal. Signed by Judge Jacqueline Becerra on 11/8/2024. See attached document for full details.

Order

Notice of Pending, Refiled, Related or Similar Actions by YETI COOLERS, LLC

NOTICE of Striking [13] Notice of Pending, Refiled, Related or Similar Actions filed by YETI COOLERS, LLC by YETI COOLERS, LLC

Notice of NO Pending, Refiled, Related or Similar Actions by YETI COOLERS, LLC

Order

NOTICE of Filing Bond by YETI COOLERS, LLC.

Bond

NOTICE of Compliance Regarding Plaintiff's Notice of Filing Bond by YETI COOLERS, LLC

Plaintiff's MOTION to Unseal Document Docket Entries 9-12 and 16-17 by YETI COOLERS, LLC. Responses due by 12/5/2024.

Text of Proposed Order

PAPERLESS ORDER granting 20 Plaintiff's MOTION to Unseal Document Docket Entries 9-12 and 16-17. The Clerk of Court is directed to UNSEAL Docket Entries 9-12 and 16-17 in this action and return those portions of the Court file to the public records. Signed by Judge Jacqueline Becerra on 11/21/2024.

Plaintiff's NOTICE Redacted Versions of Financial Records and Documentation by YETI COOLERS, LLC

Redacted Versions of Financial Records and Documentation

CLERK'S NOTICE of Compliance re 22 Order.

Order Extending TRO and Resetting Hearing. Signed by Judge Jacqueline Becerra on 11/22/2024. See attached document for full details.

Plaintiff's NOTICE upon Defendants via Electronic Mail by YETI COOLERS, LLC re [6] Order, [9] 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, [20] Plaintiff's MOTION to Unseal Document Docket Entries 9-12 and 16-17, [16] Order on Ex Parte Motion, [1] Complaint

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by YETI COOLERS, LLC re [3] Form AO 120/121, [12] Sealed Document, [2] Clerks Notice of Judge Assignment, [15] Notice of Pending, Refiled, Related or Similar Actions, [7] Order, [8] Order on Motion to Seal, [19] Notice of Compliance, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [11] Sealed Document, [10] 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, [22] Order on Motion to Unseal Document, [6] Order, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [17] Order on Ex Parte Motion, [9] 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, [20] Plaintiff's MOTION to Unseal Document Docket Entries 9-12 and 16-17, [16] Order on Ex Parte Motion, [18] Notice (Other), [1] Complaint, upon Defendants via website posting

CERTIFICATE OF SERVICE by YETI COOLERS, LLC re [25] Order, Order Setting Hearing on Motion upon Defendants via Electronic Mail and via Website Posting

NOTICE of Attorney Appearance by Annie Michaela O'Leary on behalf of YETI COOLERS, LLC. Attorney Annie Michaela O'Leary added to party YETI COOLERS, LLC(pty:pla). (O'Leary, Annie)

PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Motion Hearing held on 12/2/2024 re [9] 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 filed by YETI COOLERS, LLC. Order to follow. Attorney Appearance(s): Annie Michaela O'Leary, T. Raquel Wiborg-Rodriguez, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov.

ORDER On Plaintiff's Application For Entry Of Preliminary Injunction re DE [9]. Signed by Judge Jacqueline Becerra on 12/3/2024. See attached document for full details.

Clerk's Notice re 31 Order. See Order On Plaintiff's Application For Entry Of Preliminary Injunction entered at DE 31.

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

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants, filed by YETI COOLERS, LLC.

Exhibit 1 to Amended Complaint - Certificates of Registration for the YETI Trade

Plaintiff's NOTICE upon Defendants via Electronic Mail by YETI COOLERS, LLC re [31] Order on Ex Parte Motion

Exhibit Certificate of Sevice

CERTIFICATE OF SERVICE by YETI COOLERS, LLC re [31] Order on Ex Parte Motion upon Defendants via website posting

SUMMONS (Affidavit) Returned Executed on [34] Amended Complaint/Amended Notice of Removal, [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by YETI COOLERS, LLC. aaa.phonsri.shop served on 12/19/2024, response/answer due 1/9/2025; atttf.shop served on 12/19/2024, response/answer due 1/9/2025; brolwllws.shop served on 12/19/2024, response/answer due 1/9/2025; clothashoes.shop served on 12/19/2024, response/answer due 1/9/2025; euservizi.shop served on 12/19/2024, response/answer due 1/9/2025; lavorislove.shop served on 12/19/2024, response/answer due 1/9/2025; manl.shop served on 12/19/2024, response/answer due 1/9/2025; moochienoochie.com served on 12/19/2024, response/answer due 1/9/2025; online.rsdtm.com served on 12/19/2024, response/answer due 1/9/2025; phonsri.shop served on 12/19/2024, response/answer due 1/9/2025; quanquan.store served on 12/19/2024, response/answer due 1/9/2025; rqahole.shop served on 12/19/2024, response/answer due 1/9/2025; smartsavvysold.com served on 12/19/2024, response/answer due 1/9/2025; solarsignages.com served on 12/19/2024, response/answer due 1/9/2025; wellnestcares.com served on 12/19/2024, response/answer due 1/9/2025.

Affidavit of Service

Affidavit of Service

Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations, aaa.phonsri.shop, atttf.shop, brolwllws.shop, clothashoes.shop, euservizi.shop, lavorislove.shop, manl.shop, moochienoochie.com, online.rsdtm.com, phonsri.shop, quanquan.store, rqahole.shop, smartsavvysold.com, solarsignages.com, wellnestcares.com by YETI COOLERS, LLC.

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

Text of Proposed Order

Clerk's Entry of Default as to aaa.phonsri.shop, atttf.shop, brolwllws.shop, clothashoes.shop, euservizi.shop, lavorislove.shop, manl.shop, moochienoochie.com, online.rsdtm.com, phonsri.shop, quanquan.store, rqahole.shop, smartsavvysold.com, solarsignages.com, wellnestcares.com - Motions Terminated: 38 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 1/16/2025.

Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by YETI COOLERS, LLC.

Declaration of Jeni Zuercher in Support Thereof

Exhibit 1 to the Declaration of Jeni Zuercher

Declaration of Stephen M. Gaffigan in Support Thereof

Text of Proposed Order Granting Plaintiffs Motion for Final Default Judgment

Text of Proposed Order Default Final Judgment and Permanent Injunction

ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT FINAL JUDGMENT re 40 Motion for Default Judgment. Signed by Judge Jacqueline Becerra on 2/18/2025. See attached document for full details.

DEFAULT FINAL JUDGMENT AND PERMANENT INJUNCTION in favor of YETI COOLERS, LLC against atttf.shop; in favor of YETI COOLERS, LLC against aaa.phonsri.shop; in favor of YETI COOLERS, LLC against phonsri.shop; in favor of YETI COOLERS, LLC against brolwllws.shop; in favor of YETI COOLERS, LLC against clothashoes.shop; in favor of YETI COOLERS, LLC against solarsignages.com; in favor of YETI COOLERS, LLC against lavorislove.shop; in favor of YETI COOLERS, LLC against euservizi.shop; in favor of YETI COOLERS, LLC against manl.shop; in favor of YETI COOLERS, LLC against moochienoochie.com; in favor of YETI COOLERS, LLC against online.rsdtm.com; in favor of YETI COOLERS, LLC against quanquan.store; in favor of YETI COOLERS, LLC against rqahole.shop; in favor of YETI COOLERS, LLC against smartsavvysold.com; in favor of YETI COOLERS, LLC against wellnestcares.com. The Clerk is DIRECTED to RELEASE the bond posted by Plaintiff in the amount of $10,000,00. The Clerk is DIRECTED to CLOSE this case and all pending motions are DENIED AS MOOT. Signed by Judge Jacqueline Becerra on 2/18/2025. See attached document for full details.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Copy of AO Form and Order sent)

(Order) (ebz)

CERTIFICATE OF SERVICE by YETI COOLERS, LLC re [42] Default Judgment, Permanent Injunction, Judgment Index - Add Record, [41] Order on Motion for Default Judgment upon Defendants via website posting

Plaintiff's NOTICE upon Defendants via Electronic Mail by YETI COOLERS, LLC re [42] Default Judgment, Permanent Injunction, Judgment Index - Add Record, [41] Order on Motion for Default Judgment

Exhibit Certificate of Sevice

Plaintiff's MOTION for Discovery for Order Authorizing Discovery in Aid of Execution of Judgment by YETI COOLERS, LLC. Responses due by 6/13/2025.

Declaration of Stephen M. Gaffigan in Support Thereof

Text of Proposed Order

PAPERLESS ORDER. THIS CAUSE comes before the Court on the Judgment Creditor's Motion for Order Authorizing Discovery in Aid of Execution of Judgment, (the "Motion") ECF No. [46]. Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Signed by Judge Jacqueline Becerra on 6/6/2025.