2022-cv-05501

COMPLAINT filed by Celine SA; Filing fee $ 402, receipt number AILNDC-19921842.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Celine SA Schedule A regarding complaint 1

MOTION by Plaintiff Celine SA for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Celine SA

Notice of Claims Involving Trademarks by Celine SA

ATTORNEY Appearance for Plaintiff Celine SA by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Celine SA by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Celine SA by Allyson M. Martin

CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Susan E. Cox. 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.

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

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

AMENDED complaint by Celine SA against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Celine SA Schedule A regarding amended complaint 12

MOTION by Plaintiff Celine SA for temporary restraining order Including a Temporary Injunction, Temporary Transfer of the Domain Names, Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Celine SA in support of motion for temporary restraining order 14

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 15

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Nicolas Lambert regarding memorandum in support of motion 15

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Celine SA Exhibit 2 regarding declaration 17

SEALED EXHIBIT by Plaintiff Celine SA Exhibit 3 regarding declaration 17

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

MEMORANDUM by Celine SA in support of motion for miscellaneous relief 20

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

Exhibit 1

Exhibit 2

(Exhibit 3)

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 10/28/2022: The Plaintiff's motion [14] 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 11/04/2022, the Plaintiff shall email a redacted version of the TRO that can be entered publicly (redacting the name of Defendant and omitting Amended Schedule A). The Plaintiff's motion [20] 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 11/11/2022 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 11/07/2022. Emailed notice

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

BOND in the amount of $ 1,000 check, receipt number 4624278396 posted by Celine SA

MOTION by Plaintiff Celine SA for preliminary injunction

(Exhibit A)

MEMORANDUM by Celine SA in support of motion for preliminary injunction 24

Declaration of Allyson M. Martin

(Exhibit 1)

SUMMONS Returned Executed by Celine SA as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/7/2022, answer due 11/28/2022.

Declaration of Allyson M. Martin

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the circumstances that justified entry of the TRO, the motion for preliminary injunction [24] is granted. Given the answer deadline of 11/28/2022, the tracking status hearing of 11/11/2022 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). Instead, the parties shall file the joint initial status report by 12/02/2022. If the Defendants are in default, then the Plaintiff shall file a motion for default judgment on 12/02/2022. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 11/10/2022. Emailed notice

NEW PARTIES: celinebagsales.com added to case caption.

ATTORNEY Appearance for Plaintiff Celine SA by Kahlia Roe Halpern

MOTION by Plaintiff Celine SA for entry of default as to all Defendants, MOTION by Plaintiff Celine SA for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Celine SA in support of motion for entry of default, motion for default judgment 30

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 31

(Exhibit 1)

MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion for default judgment 30 is granted in part. Judgment entered in favor of the Plaintiff and against the Defendant in the amount of fifty-thousand dollars ($50,000), 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 12/08/20202. Emailed notice