2022-cv-04287

COMPLAINT filed by Legend Pictures, LLC; Filing fee $ 402, receipt number AILNDC-19741522.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

(Exhibit 5)

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.

SEALED DOCUMENT by Plaintiff Legend Pictures, LLC Shedule A to Complaint (1)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Keith A. Vogt

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yanling Jiang

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Yi Bu

ATTORNEY Appearance for Plaintiff Legend Pictures, LLC by Adam Grodman

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Legend Pictures, LLC

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment.

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.

MOTION by Plaintiff Legend Pictures, LLC for leave to file under seal

SEALED DOCUMENT by Plaintiff Legend Pictures, LLC [Amended] Schedule A to Complaint (1)

MOTION by Plaintiff Legend Pictures, LLC for leave to file excess pages

MEMORANDUM in support of [12] Exparte Motion

Declaration of Keith A. Vogt

Exhibit 1-4, of Keith A. Vogt's declaration

Declaration of Legend Pictures, LLC

Exhibit 1, of Legend Pictures, LLC's declaration

Exhibit 2, of Legend Pictures, LLC's declaration

SEALED EXHIBIT by Plaintiff Legend Pictures, LLC regarding memorandum in support of motion, [13]

MAILED Trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

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. The TRO shall be in effect through 08/31/2022. 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 Defendants 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 9 for leave to file under seal is granted in light of the asset-restraint goal. The Plaintiff's motion 12 for electronic service of process is granted. The motion 11 to use extra pages is granted. To track the case only (no appearance is required, the case will not be called), a status hearing is set for 08/26/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 08/22/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 08/17/2022. Emailed notice

PUBLIC VERSION - SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 08/17/2022. Emailed notice

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

MOTION by Plaintiff Legend Pictures, LLC for extension of time for Temporary Restraining Order

SURETY BOND in the amount of $ 10,000 posted by Legend Pictures, LLC.

MOTION by Plaintiff Legend Pictures, LLC for preliminary injunction

MEMORANDUM by Legend Pictures, LLC in support of motion for preliminary injunction 22

Declaration of Keith A. Vogt

(Exhibit 1, Declaration of Keith Vogt)

SUMMONS Returned Executed by Legend Pictures, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 8/25/2022, answer due 9/15/2022.

(Declaration of Service)

MINUTE entry before the Honorable Edmond E. Chang: The extension motion 20 on the TRO is terminated in light of the filing of the motion 22 for preliminary injunction. In light of the continued applicability of the circumstances that justified entry of the TRO, the motion for preliminary injunction is granted. The tracking status hearing of 08/26/2022 is reset to 09/23/2022 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 status report by 09/16/2022. The Plaintiff shall promptly file any return of service. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 08/25/2022. Emailed notice

MOTION by Plaintiff Legend Pictures, LLC for default judgment as to The Defendants Identified In [Amended] Schedule A

MEMORANDUM by Legend Pictures, LLC in support of motion for default judgment 27

Exhibit 1

Exhibit 2

(Declaration of Keith A. Vogt)

STATUS Report by Legend Pictures, LLC

MINUTE entry before the Honorable Edmond E. Chang: In light of the absence of a timely answer, the motion for default judgment is granted in part. The statutory damages award shall be a total of $30,000, rather than the $55,000 sought by the motion. A 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 09/23/2022 is vacated. Civil case terminated. Emailed notice

DEFAULT JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 09/20/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 09/20/2022. Emailed notice