2022-cv-03853

COMPLAINT filed by Toyota Motor Sales, U.S.A., Inc.; Filing fee $ 402, receipt number AILNDC-19681590.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding complaint[1]

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Toyota Motor Sales, U.S.A., Inc.

Notice of Claims Involving Trademarks by Toyota Motor Sales, U.S.A., Inc.

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Isaku Begert

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Kahlia Roe Halpern

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.

AMENDED complaint by Toyota Motor Sales, U.S.A., Inc. against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Schedule A regarding amended complaint, 13

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for temporary restraining order[15]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Teena Bohi regarding memorandum in support of motion[16]

Exhibit 1

Exhibit 2

SEALED EXHIBIT by Plaintiff Toyota Motor Sales, U.S.A., Inc. Exhibit 3 - Part 1 regarding declaration[18]

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc.for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for miscellaneous relief[20]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[21]

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 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 08/12/2022, 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 15 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 08/19/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 08/12/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 08/05/2022. Emailed notice

ATTORNEY Appearance for Plaintiff Toyota Motor Sales, U.S.A., Inc. by Jake Michael Christensen

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for extension of time of Temporary Restraining Order

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of extension of time 26

(Declaration of Jake M. Christensen)

SURETY BOND in the amount of $ $10,000.00 posted by plaintiff.

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the initial TRO, the motion to extend the TRO 26 is granted. The TRO is extended through 09/02/2022. The tracking status hearing of 08/19/2022 is reset to 09/02/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Plaintiff shall file a preliminary injunction motion (if appropriate) by 08/26/2022 or a status report. Emailed notice

MOTION by Attorney Isaku M. Begert to withdraw as attorney for Toyota Motor Sales, U.S.A., Inc. No party information provided

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

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for preliminary injunction

(Exhibit A)

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for preliminary injunction 30

Declaration of Jake M. Christensen

(Exhibit 1)

SUMMONS Returned Executed by Toyota Motor Sales, U.S.A., Inc. as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/26/2022, answer due 9/16/2022.

Declaration of Kahlia R. Halpern

(Exhibit A)

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

MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to withdraw Isaku Begert as attorney for Plaintiff [29] is granted. Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, motion for preliminary injunction [30] is granted. Given the answer deadline of 09/16/2022, the tracking status hearing of 09/02/2022 is reset to 09/30/2022 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 09/20/2022. If the Defendant has not answered by the 09/16/2022 deadline, then the Defendant is deemed in default and the Plaintiff shall file a motion for default judgment on 09/20/2022. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/31/2022. Emailed notice

NEW PARTIES: Zhoumin0586 added to case caption.

MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for entry of default, MOTION by Plaintiff Toyota Motor Sales, U.S.A., Inc. for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Toyota Motor Sales, U.S.A., Inc. in support of motion for entry of default, motion for default judgment[36]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[37]

Exhibit 1

ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion for default judgment [36] is granted. Statutory damages are awarded in the amount of fifty-thousand dollars ($50,000) as requested. Given the finding of willfulness established by the default, a permanent injunction is entered. A separate AO-450 judgment shall be entered. The tracking status hearing of 09/30/2022 is vacated. Civil case terminated. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 09/22/2022. Emailed notice

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

(Closing Order dated 9/22/2022)