2021-cv-06289

COMPLAINT filed by Lynyrd Skynyrd Productions, Inc.; Filing fee $ 402, receipt number 0752-18904202.

Exhibit 1

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Exhibit 4

SEALED EXHIBIT by Plaintiff Lynyrd Skynyrd Productions, Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for leave to file under seal

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Isaku Begert

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.

AMENDED complaint by Lynyrd Skynyrd Productions, Inc. against The Partnerships and Unincorporated Associations Identified on Schedule "A"

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Exhibit 4

SEALED EXHIBIT by Plaintiff Lynyrd Skynyrd Productions, Inc. Schedule A regarding amended complaint, 8

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff's counsel Lanham Mediation Program materials

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for temporary restraining order 12

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 13

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Allie Shapland regarding memorandum in support of motion 13

Exhibit 1

SEALED EXHIBIT by Plaintiff Lynyrd Skynyrd Productions, Inc. Exhibit 2 regarding declaration 15

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for miscellaneous relief 17

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 18

Exhibit 1

Exhibit 2

NOTICE by Lynyrd Skynyrd Productions, Inc. re MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery 12, MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for leave to file under seal 3, MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) 17

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lynyrd Skynyrd Productions, Inc.

Notice of Claims Involving Trademarks by Lynyrd Skynyrd Productions, Inc.

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [12] for temporary restraining order and other relief is granted. An order will be entered under seal separately. Although the Court again expresses its concern about restraining assets before judgment, Grupo Mexicano de Desarrollo v. Alliance Bond Fund, 527 U.S. 308, 331 (1999), the Plaintiff does invoke a statutory remedy, namely, an accounting of profits (that is, disgorgement of profits) under 15 U.S.C. § 1117(a), which is not a mere common-law equitable claim and thus could allow for pre-judgment restraint. Indeed, trademark owners need only "prove defendant's sales only; defendant must prove all elements of costs or deduction claimed." 15 U.S.C. § 1117(a). To the extent that the restraint might be too broad, the Defendant may appear and file challenges to the scope of the TRO. The balance of factors tips in favor of Plaintiff being able to freeze the assets without advance warning to the Defendant, who likely would seek to transfer the money elsewhere. The Plaintiff's motion [3] for leave to file under seal is granted in light of the asset-restraint goal. By 02/09/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of the Defendant and omitting Amended Schedule A). The Plaintiff's motion [17] for electronic service of process is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 02/18/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 02/14/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/04/2022. Emailed notice

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A" see [24]

REDACTED SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 02/04/2022. Emailed notice

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for preliminary injunction

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for preliminary injunction[25]

Declaration of Isaku M. Begert

Exhibit 1

ATTORNEY Appearance for Plaintiff Lynyrd Skynyrd Productions, Inc. by Marcella Deshonda Slay

SUMMONS Returned Executed by Lynyrd Skynyrd Productions, Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 2/14/2022, answer due 3/7/2022.

Declaration of Marcella D. Slay

Exhibit A

MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the facts that justified entry of the initial TRO, the motion for preliminary injunction [25] is granted. The tracking status hearing of 02/18/2022 is reset to 03/18/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 03/11/2022, or if the Defendant is in default, then the Plaintiff shall file a motion for default judgment on that date. The Defendant shall be deemed in default if no answer is filed on 03/07/2022. R. 28. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/15/2022. Emailed notice

NEW PARTIES: honruifeit added to case caption.

MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for entry of default as to all Defendants, MOTION by Plaintiff Lynyrd Skynyrd Productions, Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Lynyrd Skynyrd Productions, Inc. in support of motion for entry of default, motion for default judgment, [32]

Declaration of Justin R. Gaudio

Exhibit 1

ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment 32 is granted in part. Statutory damages are awarded in the amount of $15,000. Permanent injunction is entered in light of the willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 03/18/2022 is vacated. Civil case terminated. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 03/14/2022. Emailed notice

MAILED trademark report with certified copy of minute order dated 3/14/2022 to Patent Trademark Office, Alexandria VA