2021-cv-04862

COMPLAINT filed by Britto Central, Inc.; Filing fee $ 402, receipt number 0752-18664973.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

SEALED DOCUMENT by Plaintiff Britto Central, Inc. Schedule A to Complaint [1]

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Britto Central, Inc. by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Britto Central, Inc. by Yanling Jiang

ATTORNEY Appearance for Plaintiff Britto Central, Inc. by Yi Bu

ATTORNEY Appearance for Plaintiff Britto Central, Inc. by Adam Grodman

CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Text entry; no document attached.)

MOTION by Plaintiff Britto Central, Inc. for leave to file [Certain] Documents Under Seal

MOTION by Plaintiff Britto Central, Inc. for leave to file excess pages

MEMORANDUM In Support of [10] Ex Parte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, Declaration of Keith Vogt

Declaration of Victor Mayorga

Exhibit 1, Declaration of Victor Mayorga

Exhibit 2, Declaration of Victor Mayorga

SEALED EXHIBIT by Plaintiff Britto Central, Inc. Sealed Exhibit 3 to the Declaration of Victor Mayorga regarding memorandum in support of motion, [11]

Notice of Motion for presentment of [8][9][10] Ex Parte Motion NOTICE of Motion by Keith A. Vogt for presentment of motion for leave to file excess pages[9], motion for leave to file[8] before Honorable Robert M. Dow Jr. on 9/21/2021 at 09:15 AM.

MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report [8] filed on 9/15/2021, the initial status hearing set for 9/21/2021 is stricken. The Court adopts the parties' proposed briefing schedule on the anticipated motion to dismiss: Defendants shall file a Joint Motion to Dismiss by November 12, 2021. Plaintiff shall respond by December 10, 2021 and Defendants shall file their reply by January 7, 2022 as well as the parties' request that discovery be stayed pending the Court's ruling on Defendants' Joint Motion to Dismiss. Emailed notice

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motions [8, 9, 10] will be heard telephonically on 9/21/2021 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice

MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Plaintiff's motion for leave to file certain documents under seal [8] is granted. Plaintiff's motion for leave to file excess pages [9] is granted. Plaintiff's ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email or electronic publication [10] is granted. Telephone conference is set for 10/4/2021 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Robert M. Dow, Jr on 9/21/2021. Emailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" (Text entry; no document attached.)

MOTION by Plaintiff Britto Central, Inc. for extension of time for Temporary Restraining Order

NOTICE of Motion by Keith A. Vogt for presentment of extension of time 18 before Honorable Robert M. Dow Jr. on 10/4/2021 at 09:00 AM.

SURETY BOND in the amount of $ 10,000 posted by Britto Central, Inc.

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for extension of time of TRO 18 is granted; TRO entered on 9/21/2021 is extended to 10/19/2021. Notice of motion date of 10/4/2021 is stricken and no appearances are necessary on that date. Status hearing is set on 10/19/2021 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice

MOTION by Plaintiff Britto Central, Inc. for preliminary injunction

MEMORANDUM by Britto Central, Inc. in support of motion for preliminary injunction[22]

Declaration of Keith A. Vogt

Exhibit 1, Declaration of Keith Vogt

NOTICE of Motion by Keith A. Vogt for presentment of motion for preliminary injunction[22] before Honorable Robert M. Dow Jr. on 10/19/2021 at 09:00 AM.

SUMMONS Returned Executed by Britto Central, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 10/15/2021, answer due 11/5/2021.

Declaration of Service

MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. Defendants failed to appear. Motion for entry of a preliminary injunction 22 is granted. Signed order to follow. Hearing on the anticipated motion for entry of final judgment is set for 11/16/2021 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Robert M. Dow, Jr on 10/19/2021. Emailed notice

NOTICE of Voluntary Dismissal by All Plaintiffs

MOTION by Plaintiff Britto Central, Inc. for default judgment as to The Defendants Identified In The First Amended Schedule A

MEMORANDUM by Britto Central, Inc. in support of motion for default judgment[29]

Exhibit 1

Exhibit 2

Declaration of Keith A. Vogt

NOTICE of Motion by Keith A. Vogt for presentment of motion for default judgment[29] before Honorable Robert M. Dow Jr. on 11/16/2021 at 09:00 AM.

MOTION to dismiss filed by Lei Shufen.

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for default judgment 29 will be heard telephonically on 11/16/2021 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Defendant Lei Shufin's motion to dismiss 32 is taken under advisement and a briefing schedule will be set at the motion hearing on 11/16/2021. Emailed notice

MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Defendants failed to appear. Plaintiff's motion for entry of default and default judgment against the Defendants identified in First Amended Schedule A 29 is granted. Counsel to submit a revised final judgment order as to those Defendants, excluding Defendant Lei Shufen. For the reasons discussed on the record, the Court stays briefing on Lei Shufen's motion to dismiss 32. Plaintiff and Defendant Shufen may proceed with jurisdictional discovery. Joint status report due 12/15/2021. Note: Defendant Lei Shufen contacted Judge Dow's chambers to advise the Court that he tried to call-in for the hearing but was unable to get through. Emailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Robert M. Dow, Jr on November 16, 2021. Emailed notice

NOTICE of Voluntary Dismissal by Britto Central, Inc.

NOTICE of Failure to Attend filed by Lei Shufen.

NOTICE of Voluntary Dismissal by All Plaintiffs

OBJECTION to Jurisdiction Discovery by Lei Shufen.

STATUS Report Pursuant to 34 by Britto Central, Inc.

MOTION to Vacate Order for Jurisdiction Discovery.

MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant Shufen's motion to vacate order for jurisdictional discovery [41] will be referred to Magistrate Judge McShain for disposition, along with all further discovery supervision and motions in this case, as well as a settlement conference if requested by the remaining parties in this case. Emailed notice

EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Heather K. McShain. Signed by Executive Committee on 12/28/21.

MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for adjudication of defendant Shufen's motion to vacate order for jurisdictional discovery, all further discovery supervision, and settlement 43. Defendant's motion 41 is entered and continued. Plaintiff's response to the motion is due 01/14/2022; no reply to be filed unless one is ordered by the Court. Once the Court reviews the briefs, it will decide if it can rule on the papers or whether a motion hearing is required. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice.

NOTICE of Voluntary Dismissal by All Plaintiffs

NOTICE by Keith A. Vogt of Change of Address

RESPONSE by Britto Central, Inc.in Opposition to MOTION to vacate 41

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

SEALED EXHIBIT by Plaintiff Britto Central, Inc. Sealed Exhibit 2 regarding response in opposition to motion 47

SEALED EXHIBIT by Plaintiff Britto Central, Inc. Sealed Exhibit 3 regarding response in opposition to motion 47

MOTION by Plaintiff Britto Central, Inc. for leave to file [Certain] Documents Under Seal

MINUTE entry before the Honorable Heather K. McShain: Plaintiff Britto Central, Inc.'s motion for leave to file certain exhibits under seal 50 is granted. The Court notes that the exhibits were filed on the docket on 01/14/2022 [ 48, 49 ]. Mailed notice.

MOTION by Plaintiff Britto Central, Inc. for sanctions Pursuant to Rule 37

Exhibit 1, Motion for Sanctions

Declaration of Keith A. Vogt

MINUTE entry before the Honorable Heather K. McShain: Defendant Lei Shufen's motion to vacate the order for jurisdictional discovery 41 is denied. Enter Order. By 03/21/2022, defendant is ordered to respond to plaintiff's pending discovery requests. By 03/28/2022, the parties must file a joint status report to update the Court on (a) the progress of discovery, including whether defendant timely responded to plaintiff's discovery requests and a proposed schedule for the completion of jurisdictional discovery; (b) the status of settlement discussions, if any; and (c) any other issues the parties wish to raise with the Court. Mailed notice.

ORDER. Signed by the Honorable Heather K. McShain on 2/17/2022. Mailed notice.

MOTION by Plaintiff Britto Central, Inc.Motion To Require Compliance With Local Rule 83.15

Exhibit Exhibits 1 - 5

SEALED EXHIBIT by Plaintiff Britto Central, Inc. Sealed Exhibit 1 regarding MOTION by Plaintiff Britto Central, Inc.Motion To Require Compliance With Local Rule 83.15 [55]

SEALED EXHIBIT by Plaintiff Britto Central, Inc. Sealed Exhibit 2 regarding MOTION by Plaintiff Britto Central, Inc.Motion To Require Compliance With Local Rule 83.15 55

MOTION by Plaintiff Britto Central, Inc. for leave to file [Certain] Documents Under Seal

NOTICE of Motion by Keith A. Vogt for presentment of motion for miscellaneous relief[55], motion for leave to file[58] before Honorable Robert M. Dow Jr. on 3/11/2022 at 09:15 AM.

MINUTE entry before the Honorable Robert M. Dow, Jr: The referral to Magistrate Judge McShain is expanded to include disposition of plaintiff's motion for sanctions pursuant to Rule 37 [52]. Emailed notice

MINUTE entry before the Honorable Heather K. McShain: The referral in this case has been expanded to include disposition of plaintiff's motion for sanctions pursuant to Rule 37 60. In the motion 52, plaintiff argues that the Court should strike defendant's motion to dismiss for lack of personal jurisdiction as a sanction for defendant's failure to response to plaintiff's jurisdictional discovery requests. Plaintiff represents that it served written discovery requests on defendant on 11/18/2021 and 12/21/2021, respectively, but that defendant has not responded to the requests or to follow-up communications from plaintiff's counsel. [52-2] 1-2. The Court denies plaintiff's motion for sanctions 52 without prejudice to refiling. Shortly after plaintiff served its first set of written discovery requests on 11/18/2021, defendant filed its objection to jurisdictional discovery, see 39, and defendant moved to vacate the order permitting jurisdictional discovery, see 41, only a day after plaintiff served its second batch of discovery requests. In these circumstances, the Court infers that defendant was likely awaiting the resolution of its objection to jurisdictional discovery and motion to vacate before responding to plaintiff's discovery requests. While it would have been far preferable for defendant to communicate its position to plaintiff rather than simply ignoring plaintiff, the Court does not believe that striking defendant's motion to dismiss is warranted at this point. That said, if defendant fails to respond to plaintiff's discovery requests by 03/21/2022, which is the current deadline for the responses to be served 53, plaintiff may refile the motion for sanctions, and any response to the sanctions motion must be filed by 03/28/2022. Once the Court reviews the briefs, it will decide whether it can rule on the papers or whether a motion hearing is required. Mailed notice.

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion to compel compliance with Local Rule 83.15 55 is taken under advisement; response is due by 3/21/2022; if a reply is requested, the Court will so indicate in a future minute order. Plaintiff's motion for leave to file documents under seal 58 is granted. Notice of motion date of 3/11/2022 is stricken and no appearances are necessary on that date. Emailed notice

MOTION by Plaintiff Britto Central, Inc. to approve consent judgment

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Keith A. Vogt for presentment of motion to approve consent judgment 63 before Honorable Robert M. Dow Jr. on 3/22/2022 at 09:15 AM.

MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for entry of the Consent Final Judgment and Permanent Injunction as to Defendant, No. 133 Shop5372289 [63] is granted. Pursuant to the terms of the parties' agreement, all pending motions [32, 55] are terminated as moot. Counsel to submit a proposed order in Word format and cc the Courtroom Deputy. The Court will sign the Consent Final Judgment and Permanent Injunction and enter it on the docket. Notice of motion date of 3/22/2022 is stricken and no appearances are necessary on that date. Civil case terminated. Emailed notice

ORDER FINAL JUDGMENT and permanent Injunction as to Defendant No. 133 SHOP5372289 STORE. Signed by the Honorable Robert M. Dow, Jr on 3/22/2022. Mailed notice

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Minute Entry dated 3/31/2022)

SATISFACTION of Judgment

MINUTE entry before the Honorable Heather K. McShain: The District Court having terminated this case 65, the referral in this case is hereby closed. Mailed notice.

CITATION to Discover Assets issued as to Amazon.com, Inc. (Third Party)(No Notice).

SATISFACTION of Judgment as to defendant no. 101 Ocean HM Store