2022-cv-04915

COMPLAINT filed by General Motors LLC; Filing fee $ 402, receipt number AILNDC-19830143.

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 Justin Tyler Joseph

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 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[11]

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 13

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Andrea Ankawi regarding memorandum in support of motion 14

(Exhibit 1)

SEALED EXHIBIT by Plaintiff General Motors LLC Exhibit 2 regarding declaration 16

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 18

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 19

Exhibit 1

(Exhibit 2)

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 13 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. By 09/30/2022, 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 3 to file under seal is granted in light of the asset-restraint goal. The Plaintiff's motion 18 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 10/07/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 09/30/2022. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 09/23/2022. 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[25]

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 10/5/2022, answer due 10/26/2022.

Declaration of Justin T. Joseph

Exhibit A

PRELIMINARY INJUNCTION ORDER signed by the Hon. Edmond E. Chang on 10/06/2022: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction is granted. Given the answer deadline of 10/26/2022, the tracking status hearing of 10/07/2022 is reset to 11/11/2022 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 11/03/2022. If the Defendants do not answer on time, then they are deemed to be in default, and the Plaintiff shall file a motion for default judgment by 11/03/2022. Emailed notice

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 29

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 30

(Exhibit 1)

NEW PARTIES: zhangyux added to case caption.

MINUTE entry before the Honorable Edmond E. Chang: The tracking status hearing of 11/11/2022 is reset to 11/25/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The motion 29 for default judgment is under advisement. The tracking status hearing of 11/25/2022 is reset to 12/09/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment 29 is granted in part. Judgment entered in favor of the Plaintiff and against the Defendant in the amount of thirty-five thousand dollars ($35,000), as explained in the Order. Permanent injunction entered given the finding of willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 12/09/2022 is vacated. Civil case terminated. Emailed notice

FINAL JUDGMENT ORDER Signed by the Honorable Edmond E. Chang on 12/08/2022. Emailed notice

ENTERED JUDGMENT Signed by the courtroom deputy on 12/08/2022. Emailed notice