2022-cv-01521

COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number 0752-19275284.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding complaint[1]

MOTION by Plaintiff General Motors LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by General Motors LLC

Notice of Claims Involving Trademarks by General Motors LLC

ATTORNEY Appearance for Plaintiff General Motors LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff General Motors LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff General Motors LLC by Jake Michael Christensen

ATTORNEY Appearance for Plaintiff General Motors LLC by Rachel Susan Miller

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.

MAILED trademark report to Patent Trademark Office, Alexandria, VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 3/24/2022.

AMENDED complaint by General Motors LLC against The Partnerships and Unincorporated Associations Identified on Schedule "A"

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff General Motors LLC Schedule A regarding amended complaint, [14]

MOTION by Plaintiff General Motors LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by General Motors LLC in support of motion for temporary restraining order 16

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 17

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Andrea Ankawi regarding memorandum in support of motion 17

(Exhibit 1)

SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 regarding declaration 19

MOTION by Plaintiff General Motors LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by General Motors LLC in support of motion for miscellaneous relief 21

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 22

Exhibit 1

(Exhibit 2)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion [16] 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 04/06/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the names of Defendants and omitting Amended Schedule A). The Plaintiff's motion [21] 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 04/15/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 04/12/2022. Emailed notice

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

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule "A"

MOTION by Plaintiff General Motors LLC for preliminary injunction, MOTION by Plaintiff General Motors LLC for extension of time of Temporary Restraining Order

Exhibit A

MEMORANDUM by General Motors LLC in support of motion for preliminary injunction, extension of time[26]

Declaration of Jake M. Christensen

Exhibit 1

SUMMONS Returned Executed by General Motors LLC as to The Partnerships and Unincorporated Associations Identified on Schedule "A" on 4/13/2022, answer due 5/4/2022.

Declaration of Rachel S. Miller

Exhibit A

MINUTE entry before the Honorable Edmond E. Chang: Given the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction 26 is granted. In light of the 05/04/2022 answer deadline, the tracking status hearing of 04/15/2022 is reset to 05/20/2022 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 the joint initial status report by 05/11/2022. If the Defendants do not answer by 05/04/2022, then they are deemed in default as of 05/05/2022, and instead the Plaintiff shall file a motion for default judgment on 05/11/2022. Emailed notice

(Status Report Requirements)

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 04/14/2022. Emailed notice

NEW PARTIES: zyao_41 added to case caption.

MOTION by Plaintiff General Motors LLC for entry of default, MOTION by Plaintiff General Motors LLC for default judgment as to all Defendants

Exhibit A

MEMORANDUM by General Motors LLC in support of motion for entry of default, motion for default judgment[31]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[32]

Exhibit 1

ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the Plaintiff's motion for default judgment 31 is granted. Statutory damages in the amount of $50,000 is granted. Given the finding of willfulness established by the default, a permanent injunction shall be entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 05/20/2022 is vacated. Civil case terminated. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 05/12/2022. Emailed notice