2022-cv-05215

COMPLAINT filed by Peanuts Worldwide LLC; Filing fee $ 402, receipt number AILNDC-19875760.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Peanuts Worldwide LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Peanuts Worldwide LLC

Notice of Claims Involving Trademarks by Peanuts Worldwide LLC

ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Marcella Deshonda Slay

CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Text entry; no document attached.)

MAILED Trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED Copyright report to Registrar, Washington DC

MOTION by Plaintiff Peanuts Worldwide LLC for temporary restraining order Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Peanuts Worldwide 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 Carrie J. Dumont regarding memorandum in support of motion 14

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED EXHIBIT by Plaintiff Peanuts Worldwide LLC Exhibit 4 - Parts 1-6 regarding declaration 16

Exhibit 4-1

Exhibit 4-2

Exhibit 4-3

Exhibit 4-4

Exhibit 4-5

(Exhibit 4-6)

MOTION by Plaintiff Peanuts Worldwide LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Peanuts Worldwide 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)

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file under seal (Dckt. No. [3]) is hereby granted. Plaintiff's motion for a temporary restraining order (Dckt. No. [13]) is hereby granted in part. Temporary Restraining Order to follow. For now, the Court is granting an asset freeze. But this Court is inclined to lift the asset freeze at a later time unless Plaintiff later seeks equitable monetary relief (like an accounting of profits) or unless Plaintiff can point this Court to a statute that expressly authorizes an asset freeze in connection with statutory damages. Motion for electronic service of process (Dckt. No. [18]) is hereby granted. Plaintiff must promptly effectuate service of process, and file a proof of service on the docket. The Court directs counsel to serve a copy of this Order on Defendants, and file a certificate of service. A failure to comply will lead to dismissal. Mailed notice

SEALED TEMPORARY Restraining Order Signed by the Honorable Steven C. Seeger on 10/11/2022. Mailed notice.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $165,000.00 posted by Peanuts Worldwide LLC (Document not scanned)

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

MOTION by Plaintiff Peanuts Worldwide LLC for extension of time of Temporary Restraining Order

DECLARATION of Marcella D. Slay regarding extension of time[24]

MINUTE entry before the Honorable Steven C. Seeger: The motion to extend the TRO (Dckt. No. 24) is hereby granted. The Court extends the TRO through November 8, 2022. Mailed notice

MOTION by Plaintiff Peanuts Worldwide LLC for preliminary injunction

(Exhibit A)

DECLARATION of Marcella D. Slay regarding motion for preliminary injunction 27

(Exhibit 1)

SUMMONS Returned Executed by Peanuts Worldwide LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/3/2022, answer due 11/24/2022.

Declaration of Marcella D. Slay

(Exhibit A)

NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to certain defendant

NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to certain defendant

NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to certain defendants

NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to certain defendant

NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to Certain Defendants

MOTION by Plaintiff Peanuts Worldwide LLC for entry of default, MOTION by Plaintiff Peanuts Worldwide LLC for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Peanuts Worldwide LLC in support of motion for entry of default, motion for default judgment[35]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[36]

Exhibit 1

ATTORNEY Appearance for Defendant Balance by Adam Edward Urbanczyk

MOTION by Defendant Balance for extension of time UNOPPOSED

MINUTE entry before the Honorable Steven C. Seeger: Defendant Balance's motion for extension of time (Dckt. No. [39]) is hereby granted. Defendant Balance must respond to the complaint by January 6, 2023. This extension does not apply to any other defendant. Mailed notice

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

MOTION by Plaintiff Peanuts Worldwide LLC to approve consent judgment as to Defendant Balance

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for entry of consent judgment (Dckt. No. [42]) is hereby denied. Plaintiff asks this Court to enter a consent judgment covering a settlement between Plaintiff and Defendant Balance. The motion itself is entirely threadbare. It spans three sentences, and then runs out of gas. It basically tells the Court: "Sign Here." As Plaintiff's counsel should know by now, that's not how this Court operates. Plaintiff's counsel put no work into the motion, so this Court will not expend the time and energy to try to figure out what Plaintiff wants, and why. Mailed notice

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's motion for entry of default and default judgment. (Dckt. No. [35]) Responses to the complaint are long overdue. The Court enters default under Rule 55(a) against all remaining defendants, except Balance (in light of an apparent settlement). Responses to the motion for default judgment are due by January 19, 2023. Defendants must file a motion if they seek a hearing. Plaintiff must serve a copy of this Order on Defendants and file a certificate of service. Mailed notice

CERTIFICATE of Service by Plaintiff Peanuts Worldwide LLC regarding text entry, [44]

Exhibit A

MEMORANDUM order on motion to approve consent judgment, text entry, [43] by Peanuts Worldwide LLC

Exhibit 1

Statement of Consent

ATTORNEY Appearance for Plaintiff Peanuts Worldwide LLC by Berel Yonathan Lakovitsky

MINUTE entry before the Honorable Steven C. Seeger: This Court reviewed the joint supplemental memo about the entry of a consent judgment (Dckt. No. [46]). Plaintiff asks this Court to enter a consent judgment involving one, and only one, defendant. Basically, the parties agreed to settle for $6,000, and they want this Court to enter judgment. In an ordinary case, this Court might consider entering a consent judgment, even though it is not necessary to dismiss a case. The parties could simply file a notice of dismissal or a stipulation of dismissal under Rule 41. But this case is not an ordinary case. It is a Schedule A case. Plaintiff Peanuts Worldwide LLC has filed a number of cases in this district, likely in the dozens. If Plaintiff's counsel got in the habit of filing for entry of a consent judgment, every time they settle with a Schedule A defendant, the wheels would come off the operation. Torrential filings would rain down on the courthouse. So, Plaintiff must come forward with a good reason, meaning a better reason than the one that they have currently offered, if they want this Court to enter a consent judgment. Schedule A cases impose extraordinary burdens, so counsel must make every effort to minimize those burdens on the judiciary. And so far, they haven't. Plaintiff and Balance must try again, and report back to the Court with a proposed course of action by January 26, 2023. The Court suggests a notice or stipulation of dismissal under Rule 41, because the Court sees no compelling need to impose additional burdens on the judicial process. Mailed notice

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for default judgment (Dckt. No. [35]) is hereby granted as to all defendants except balance. The answers to the complaint are long overdue. Final Judgment Order to follow. Permanent Injunction Order to follow. The motion for preliminary injunction (Dckt. No. [27]) is hereby denied as moot in light of the forthcoming permanent injunction. Mailed notice

RESPONSE by Plaintiff Peanuts Worldwide LLC to text entry, [48]

MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the response by Plaintiff Peanuts. (Dckt. No. [50]) Only one defendant remains in the case. The Court reluctantly grants the request to enter a consent judgment. Plaintiff's counsel should not make a habit out of requesting the entry of consent judgments, given the disproportionate burdens that Plaintiff's counsel is already imposing on the Court. Consent Judgment against Defendant Balance to follow. Final Judgment Order (against all other remaining Defendants) to follow. Permanent Injunction Order to follow. The case is closed. Civil case terminated. Mailed notice

CONSENT JUDGMENT Signed by the Honorable Steven C. Seeger on 1/27/2023. Mailed notice.

FINAL JUDGMENT ORDER Signed by the Honorable Steven C. Seeger on 1/27/2023. Mailed notice.

PERMANENT INJUNCTION ORDER Signed by the Honorable Steven C. Seeger on 1/27/2023. Mailed notice.

MAILED trademark report and certified copies of order and judgment dated 1/27/2023 to Patent Trademark Office, Alexandria VA

MAILED copyright report and certified copies of order and judgment dated 1/27/2023 to Registrar, Washington DC

FULL SATISFACTION of Judgment regarding entered judgment, order[53] in the amount of $1,000 as to certain defendant

NOTICE of withdrawal of bond[23] by John Summerfield

FULL SATISFACTION of Judgment regarding entered judgment, order 53 in the amount of $1,000 as to certain defendant

NOTICE of Voluntary Dismissal by Peanuts Worldwide LLC as to certain defendant

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to eBay Inc.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to ContextLogic Inc.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to Walmart Inc.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to Amazon.com, Inc.

NOTICE of Citation Hearing for presentment of Citation to Discover Assets as to PayPal, Inc.

CITATION to Discover Assets issued as to Paypal, ContextLogic Inc. eBay Inc., Amazon.com, Inc., Walmart Inc (THIRD PARTY).