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# |
Date |
Document |
|---|---|---|
|
1 |
Oct. 19, 2022 |
COMPLAINT filed by XYZ Corporation. Modified on 10/27/2022. Modified on 12/19/2022. Annex A (Exhibit 1) |
|
2 |
Oct. 19, 2022 |
APPEARANCE. Modified on 10/27/2022. Modified on 12/19/2022. |
|
3 |
Oct. 19, 2022 |
APPEARANCE. Modified on 10/27/2022. Modified on 12/19/2022. |
|
4 |
Oct. 19, 2022 |
APPEARANCE Modified on 10/27/2022. Modified on 12/19/2022. |
|
5 |
Oct. 19, 2022 |
APPEARANCE Modified on 10/27/2022. Modified on 12/19/2022. |
|
6 |
Oct. 19, 2022 |
APPEARANCE Modified on 10/27/2022. Modified on 12/19/2022. |
|
7 |
Oct. 19, 2022 |
APPEARANCE Modified on 10/27/2022. Modified on 12/19/2022. |
|
8 |
Oct. 19, 2022 |
CIVIL COVER SHEET Modified on 10/27/2022. Modified on 12/19/2022. |
|
9 |
Oct. 19, 2022 |
MOTION. Modified on 10/27/2022. Modified on 12/19/2022. |
|
10 |
Oct. 19, 2022 |
MEMORANDUM. Modified on 10/27/2022. Modified on 12/19/2022. |
|
11 |
Oct. 19, 2022 |
NOTICE OF MOTION Modified on 10/27/2022. Modified on 12/19/2022. |
|
12 |
Oct. 19, 2022 |
MOTION. Modified on 10/27/2022. Modified on 12/19/2022. |
|
13 |
Oct. 19, 2022 |
MEMORANDUM Modified on 10/27/2022. Modified on 12/19/2022. |
|
15 |
Oct. 19, 2022 |
MEMORANDUM Modified on 10/27/2022. Modified on 12/19/2022. |
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16 |
Oct. 19, 2022 |
NOTICE OF MOTION Modified on 10/27/2022. Modified on 12/19/2022. |
|
17 |
Oct. 19, 2022 |
NOTIFICATION OF AFFILIATES Modified on 10/27/2022. Modified on 12/19/2022. |
|
18 |
Oct. 19, 2022 |
NOTICE OF CLAIMS Modified on 10/27/2022. Modified on 12/19/2022. |
|
19 |
Oct. 19, 2022 |
DECLARATION Modified on 10/27/2022. Modified on 12/19/2022. |
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20 |
Oct. 19, 2022 |
DECLARATION Modified on 10/27/2022. Modified on 12/19/2022. |
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21 |
Oct. 19, 2022 |
LETTER Modified on 10/27/2022. Modified on 12/19/2022. CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Text entry; no document attached.) |
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23 |
Oct. 19, 2022 |
TRADEMARK REPORT Modified on 10/27/2022. Modified on 12/19/2022. 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. (Text entry; no document attached.) |
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24 |
Oct. 26, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso. Modified on 10/27/2022. Modified on 12/19/2022. |
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25 |
Oct. 26, 2022 |
ORDER. Signed by the Honorable Jorge L. Alonso on 10/26/2022. Notice mailed by Judge's staff Modified on 10/27/2022. Modified on 12/19/2022. |
|
26 |
Oct. 26, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso. Notice mailed by Judge's staff Modified on 10/27/2022. Modified on 12/19/2022. |
|
27 |
Oct. 26, 2022 |
TEMPORARY Restraining Order. Signed by the Honorable Jorge L. Alonso on 10/26/2022. Notice mailed by Judge's staff Modified on 12/19/2022. |
|
28 |
Oct. 27, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso. Notice mailed by Judge's staff. Modified on 10/27/2022. Modified on 12/19/2022. |
|
29 |
Oct. 28, 2022 |
AMENDED complaint by XYZ Corporation against The Entities and Individuals Identified in Annex A |
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30 |
Oct. 28, 2022 |
ATTORNEY Appearance for Plaintiff XYZ Corporation by Kelley Stebbins Gordon |
|
31 |
Oct. 28, 2022 |
CIVIL Cover Sheet |
|
32 |
Oct. 28, 2022 |
MOTION by Plaintiff XYZ CorporationLeave to File Under Seal Plaintiff's Motion for Leave to File Under Seal (Memo in support of Leave to File Under Seal) |
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33 |
Oct. 28, 2022 |
MOTION by Plaintiff XYZ CorporationElectronic Service of Process Plaintiff's Motion for Electronic Service of Process Pursuant to Fed.R.Civ.P. 4(f)(3) (Memo in support of Electronic Service of Process) |
|
34 |
Oct. 28, 2022 |
MOTION by Plaintiff XYZ Corporation for temporary restraining order Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery (Memo in Support of Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery) |
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35 |
Oct. 28, 2022 |
AFFIDAVIT by Plaintiff XYZ Corporation in Support Declaration of Kelley Gordon in Support of Plaintiff's Motion for Leave to File Under Seal, Ex Parte Motion for Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery, and Motion for Electronic Service of Process |
|
36 |
Oct. 28, 2022 |
ATTORNEY Appearance for Plaintiff XYZ Corporation by Benjamin T Horton |
|
37 |
Oct. 28, 2022 |
ATTORNEY Appearance for Plaintiff XYZ Corporation by John Joseph Lucas |
|
38 |
Oct. 28, 2022 |
ATTORNEY Appearance for Plaintiff XYZ Corporation by Michelle Bolos |
|
39 |
Oct. 28, 2022 |
ATTORNEY Appearance for Plaintiff XYZ Corporation by Thomas Spencer Key |
|
40 |
Nov. 1, 2022 |
MOTION by Plaintiff XYZ Corporation for leave to file Surety Bond Paperwork Under Seal (Memorandum in Support of Motion for Leave to File Surety Bond Paperwork Under Seal) |
|
41 |
Nov. 1, 2022 |
NOTICE of Motion by Kelley Stebbins Gordon for presentment of motion for leave to file 40 before Honorable Jorge L. Alonso on 11/9/2022 at 09:30 AM. |
|
46 |
Nov. 1, 2022 |
SURETY BOND in the amount of $ $10,000.00 posted by XYZ Corporation |
|
42 |
Nov. 3, 2022 |
ATTORNEY Appearance for Plaintiff XYZ Corporation by Gregory James Chinlund |
|
43 |
Nov. 4, 2022 |
NOTICE of Voluntary Dismissal by XYZ Corporation Notice of Voluntary Dismissal as to Certain Defendant |
|
44 |
Nov. 4, 2022 |
MOTION by Plaintiff XYZ CorporationExtend Temporary Restraining Order Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order Memo ISO Motion to Extend Temporary Restraining Order (Declaration Declaration of Kelley S. Gordon ISO Motion to Extend Temporary Restraining Order) |
|
45 |
Nov. 4, 2022 |
Notice of Motion to Extend Temporary Restraining Order NOTICE of Motion by Kelley Stebbins Gordon for presentment of motion for miscellaneous relief, 44 before Honorable Jorge L. Alonso on 11/9/2022 at 09:30 AM. |
|
49 |
Nov. 9, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 11/21/22 at 9:30 a.m. Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's Motion for leave to file surety bond paperwork under seal 40 is granted. Plaintiff's ex parte motion to extend the temporary restraining order 44 is granted. The temporary restraining order is extended for 14 days through 11/23/22. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
47 |
Nov. 16, 2022 |
MOTION by Plaintiff XYZ CorporationExtend Temporary Restraining Order Plaintiff's Ex Parte Motion to Further Extend the Temporary Restraining Order Memo in support of Plaintiff's Ex ParteMotion to Further Extend Temporary Restraining Order (Declaration Declaration of Kelley S. Gordon ISO of Plaintiff's Ex Parte Motion to Extend Temporary Restraining Order) |
|
48 |
Nov. 16, 2022 |
NOTICE of Motion by Kelley Stebbins Gordon for presentment of motion for miscellaneous relief, 47 before Honorable Jorge L. Alonso on 11/21/2022 at 09:30 AM. |
|
50 |
Nov. 21, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 12/5/22 at 9:30 a.m. Telephonic motion hearing held. Plaintiff's ex parte motion to further extend temporary restraining order 47 is granted. The temporary restraining order is extended for 14 days to 12/5/22. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
51 |
Nov. 28, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso: The Court previously granted in part and denied in part Plaintiff's motion for leave to file under seal. 25. The Court directed Plaintiff to refile certain docket entries not under seal, but allowed Plaintiff to proceed under a pseudonym. Plaintiff has complied with that directive and refiled its motion for leave to file under seal 32, motion for electronic service of process 33, and motion for temporary restraining order 34. Consistent with the Court's prior order, Plaintiff's motion for leave to file under seal 32 is granted in part and denied in part. The Court grants the motion with respect to the following documents: Annex A and Exhibit 1 of the complaint [1-1] [1- 2], notification of affiliates 17, notice of claims involving trademarks, 18, and declaration Plaintiff's founder 20. Plaintiff need not refile these documents on the docket. The motion is otherwise denied as discussed in the Court's October 26, 2022 order. See 25. Plaintiff's motion for electronic service of process 33 is granted. Plaintiff's motion for temporary restraining order 34 is granted in part consistent with the Court's prior temporary restraining order. See 27. Notice mailed by Judge's staff |
|
54 |
Dec. 5, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 12/13/22 at 9:30 a.m. Plaintiff's oral motion to extend the TRO is denied. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff SUMMONS Issued as to Defendant The Entities and Individuals Identified in Annex A (Text entry; no document attached.) |
|
52 |
Dec. 6, 2022 |
MOTION by Plaintiff XYZ CorporationFurther Extend TRO Plaintiff's Ex Parte Motion to Further Extend Temporary Restraining Order Memorandum ISO Motion to Further Extend the Temporary Restraining Order (Declaration of Kelley S. Gordon ISO Motion to Further Extend the Temporary Restraining Order) |
|
53 |
Dec. 6, 2022 |
Notice of Motion to Further Extend Temporary Restraining Order NOTICE of Motion by Kelley Stebbins Gordon for presentment of motion for miscellaneous relief, 52 before Honorable Jorge L. Alonso on 12/13/2022 at 09:30 AM. |
|
55 |
Dec. 8, 2022 |
NOTICE of Voluntary Dismissal by XYZ Corporation Notice of Voluntary Dismissal as to Certain Defendants |
|
56 |
Dec. 12, 2022 |
MOTION by Plaintiff XYZ Corporation for preliminary injunction Plaintiff's Motion for Entry of a Preliminary Injunction Memorandum in Support of Motion for Entry of Preliminary Injunction (Declaration of Kelley S. Gordon in Support of Motion for Preliminary Injunction) |
|
57 |
Dec. 12, 2022 |
NOTICE of Motion by Kelley Stebbins Gordon for presentment of motion for preliminary injunction, 56 before Honorable Jorge L. Alonso on 12/15/2022 at 09:30 AM. |
|
59 |
Dec. 13, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status and motion hearing held and continued to 12/15/22 at 9:30 a.m. For the reasons stated on the record, Plaintiff's ex parte motion to further extend temporary restraining order 52 is denied. Notice mailed by Judge's staff |
|
58 |
Dec. 14, 2022 |
SUMMONS Returned Executed by XYZ Corporation as to The Entities and Individuals Identified in Annex A on 12/12/2022, answer due 1/2/2023. (Declaration Declaration of Service) |
|
60 |
Dec. 15, 2022 |
DECLARATION of Kelley S. Gordon regarding notice of motion 57, motion for preliminary injunction, 56 |
|
61 |
Dec. 15, 2022 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 56 is granted. Plaintiff is directed to file a declaration with the information discussed in open court. Enter preliminary injunction order. The Clerk is directed to unseal all previously sealed documents. Plaintiff is ordered to add all Defendant names listed in the Schedule A to the docket within three business days. Instructions can be found on the court's website at www.ilnd.uscourts.gov. Telephonic status hearing set for 1/31/23 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
64 |
Dec. 15, 2022 |
PRELIMINARY INJUNCTION Order. Signed by the Honorable Jorge L. Alonso on 12/15/2022. Notice mailed by Judge's staff |
|
62 |
Dec. 23, 2022 |
NOTICE of Voluntary Dismissal by XYZ Corporation Notice of Dismissal as to Certain Defendant |
|
63 |
Dec. 29, 2022 |
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. |
|
65 |
Jan. 15, 2023 |
ATTORNEY Appearance for Defendants Greenten, Strainho by Ge Lei |
|
66 |
Jan. 18, 2023 |
NOTICE of Voluntary Dismissal by XYZ Corporation as to Certain Defendant |
|
67 |
Jan. 23, 2023 |
MOTION by Defendants Greenten, Strainho to file instanter answer and affirmative defense to plaintiff's complaint Supplement |
|
68 |
Jan. 23, 2023 |
NOTICE of Motion by Ge Lei for presentment of motion to file instanter[67] before Honorable Jorge L. Alonso on 2/2/2023 at 09:30 AM. |
|
69 |
Jan. 31, 2023 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 2/2/2023 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
70 |
Feb. 2, 2023 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held and continued to 3/2/23 at 9:30 a.m. For the reasons stated on the record, Defendants Strainho and Greenten's motion for leave to file answer and affirmative defenses to complaint [67] is granted. Defendants are directed to file the answer as a separate document on the docket. The parties 26(a)(1) disclosures shall be served by 3/2/23. This case is referred to the magistrate judge for discovery supervision with the authority to set and extend deadlines. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
71 |
Feb. 2, 2023 |
ANSWER to amended complaint by Greenten, Strainho |
|
72 |
Feb. 24, 2023 |
NOTICE of Voluntary Dismissal by XYZ Corporation Notice of Voluntary Dismissal as to Certain Defendants |
|
73 |
Feb. 27, 2023 |
MOTION by Plaintiff XYZ Corporation for default judgment as to Plaintiff's Motion for Default Judgment Memorandum in Support of Plaintiff's Motion for Default Judgment Exhibit A Declaration of Kelley S. Gordon |
|
74 |
Feb. 27, 2023 |
NOTICE of Motion by Kelley Stebbins Gordon for presentment of motion for default judgment, [73] before Honorable Jorge L. Alonso on 3/2/2023 at 09:30 AM. |
|
75 |
March 1, 2023 |
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision. Notice mailed by Judge's staff. |
|
76 |
March 1, 2023 |
NOTICE of Voluntary Dismissal by XYZ Corporation as to Certain Defendant |
|
77 |
March 1, 2023 |
DECLARATION of Kelley S. Gordon of Service of Motion for Entry of Default Judgment regarding notice of motion[74], motion for default judgment, [73] |
|
78 |
March 2, 2023 |
MINUTE entry before the Honorable Young B. Kim: Plaintiff Avus Design, Inc. and Defendants Strainho and Greenten are ordered to adhere to the following written discovery schedule: (1) serve written discovery requests by March 10, 2023 (requests to admit may be timely served before the end of fact discovery); (2) serve answers to written discovery requests by April 7, 2023; (3) confer about the adequacy of the discovery responses by April 21, 2023; and (4) file a joint status report identifying each side's written discovery issues (must identify the specific interrogatories and requests to produce), along with the relevant written discovery responses as exhibits, by April 28, 2023. The court will not consider general objections to written discovery requests if the court must address and rule on written discovery disputes. If the parties do not have any disputed written discovery issues, a status report is not required. Pursuant to Rule of Evidence 502(d), this court orders that inadvertent disclosures of attorney-client privileged and attorney work materials will not constitute a waiver of the associated privilege. The court further orders that upon written notification (including emails) from the opposing side that an inadvertent disclosure has occurred, the party shall return and/or destroy the materials at issue or file a motion for a determination on the claimed privilege within seven calendar days of the written notification. The clerk's office is directed to correct the docket because Plaintiff is no longer using the pseudonym "XYZ Corporation" and is prosecuting this matter as "Avus Design, Inc." Mailed notice |
|
79 |
March 2, 2023 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held. Motion hearing held. Plaintiff's motion for entry of default judgment [73] is granted. Enter Default Judgment Order. Plaintiff has filed various notices of voluntary dismissal as to certain defendants. [43] [55] [62] [66] [72] [76]. Accordingly, the claims against the following defendants are dismissed with prejudice: athletetechnologies.com (Defendant 141); World Deal (Defendant 142); Grace Karin (Defendant 144); Shangrao Actearlier Co., Ltd. (Defendant 1); Rizhao Apollo Fitness Inc. (Defendant 2); Rizhao Kungfu Fitness Equipment Co., Ltd. (Defendant 5); Rizhao Feiqing International Trading Co., Ltd. (Defendant 15); Nantong Get Power Fitness Equipment Co., Ltd. (Defendant 16); Nantong Hala Fitness Co.,ltd. (Defendant 17); Nantong Leeton Fitness Co., Ltd. (Defendant 32); Qingdao Long Glory Technology Co., Ltd. (Defendant 34); Qingdao Long Glory International Trading Co., Ltd. (Defendant 35); Nantong Jiaguan New Material Technology Co., Ltd. (Defendant 43); Nantong Enerize Sporting Goods Co., Ltd. (Defendant 44); Nantong Onlyfeng Trade Co., Ltd. (Defendant 49); Rizhao Powerman Fitness Co., Ltd. (Defendant 53); Nantong Record Sporting Equipment Co.,ltd. (Defendant 54); Rizhao Zhongtai Sports Equipment Co., Ltd. (Defendant 58); Nantong Vigor Sport Goods Co., Ltd (Defendant 75); Nantong Onestar Sports Co., Ltd. (Defendant 76); Ningbo Yoou Trading Co., Ltd. (Defendant 81); Hunan Zechen Fitness Co., Ltd. (Defendant 84); and ShenzhenHaishunNetworkCoLtd (Defendant 147). The claims against the following defendants are dismissed without prejudice: JunJoo (Defendant 107); Tengna-EU (Defendant 108); tingxuanqicheyongpindian (Defendant 109); QiBan (Defendant 110) XMlanshou (Defendant 113); QIMEI-SHOP (Defendant 114); NecessitY (Defendant 116); RH.Larissa (Defendant 117); Slim Panda Sports (Defendant 118); and libbyslibrary (Defendant 137). In accordance with Fed. R. Civ. P. 16(b)(3), the Court sets the following deadlines: any amended pleadings shall be filed by 5/15/23; any motions to join other parties shall be filed by 5/15/23; fact discovery shall be complete by 7/16/23; and dispositive motions to be filed by 9/15/23. Any motion to join and/or motion to amend pleadings after the above date will need to meet the good cause requirements of Fed.R. Civ. P. 16. The referral of this case to Judge Kim is expanded to include a settlement conference.Notice mailed by Judge's staff |
|
80 |
March 7, 2023 |
WITHDRAWING Thomas S. Key as counsel for Plaintiff Avus Design, Inc. and substituting Kelley Stebbins Gordon as counsel of record |
|
81 |
March 10, 2023 |
DEFAULT Judgment Order. Signed by the Honorable Jorge L. Alonso on 3/10/2023. Notice mailed by Judge's staff |
|
82 |
March 17, 2023 |
NOTICE of Voluntary Dismissal by Avus Design, Inc. Notice of Voluntary Dismissal as to Certain Defendants |
|
83 |
March 30, 2023 |
SATISFACTION of Judgment |
|
84 |
April 11, 2023 |
MOTION by Defendants Greenten, Strainho for extension of time to serve discovery, MOTION by Defendants Greenten, Strainho to compel Plaintiff Avus Design, Inc. to respond to such discovery |
|
85 |
April 11, 2023 |
NOTICE of Motion by Ge Lei for presentment of extension of time, motion to compel[84] before Honorable Young B. Kim on 4/17/2023 at 11:00 AM. |
|
86 |
April 11, 2023 |
MINUTE entry before the Honorable Young B. Kim: Defendants Strainho's and Greenten's motion for extension of time [84] is entered and continued. Appearance on April 17, 2023, is not required to present this motion. However, the court requires Defendants to file a supplement to the motion, by April 14, 2023, and expound on what they mean by, "[d]ue to unexpected events and hardships of working with foreign parties in U.S. litigation, Defendants were unable to serve Plaintiff with written discovery requests until March 18, 2023." Defendants are to explain in more detail what they mean by "unexpected events" and "hardships." The court also requires Defendants to explain why they were unable to file a motion for extension of time before March 10, 2023. When filing this supplement, the court orders Defendants to attach their written discovery requests served on Plaintiff on March 18, 2023, as an exhibit. Mailed notice |
|
87 |
April 12, 2023 |
MOTION by Defendants Greenten, Strainho to supplement Motion for Extension of Time and Compel Exhibit A Exhibit B Exhibit C Exhibit D |
|
88 |
April 13, 2023 |
RESPONSE by Avus Design, Inc.in Opposition to MOTION by Defendants Greenten, Strainho for extension of time to serve discoveryMOTION by Defendants Greenten, Strainho to compel Plaintiff Avus Design, Inc. to respond to such discovery[84] Plaintiff's Opposition to Defendants Strainho and Greenten's Motion for Extension of Time to Serve Discovery and Compel Discovery Response Exhibit A Exhibit B |
|
89 |
April 14, 2023 |
MINUTE entry before the Honorable Young B. Kim: Defendants Strainho's and Greenten's motion for extension of time [[84], [87]] is under advisement. The status report to be filed by April 28, 2023, should be limited to Plaintiff's issues with Defendants' discovery responses. Mailed notice |
|
90 |
April 14, 2023 |
REPLY by Greenten, Strainho to response in opposition to motion, [88] |
|
91 |
April 17, 2023 |
MINUTE entry before the Honorable Young B. Kim: Defendants Strainho's and Greenten's motion for extension of time [[84], [87]] is denied. Based on the briefs and exhibits submitted, the most logical and reasonable step Defendants should have taken is to have filed a motion on March 3, 2023, or soon thereafter, seeking to modify the schedule the court entered on March 2, 2023. Defendants had all the necessary information at that time to do so. Defendants have failed to---at least to this court's satisfaction---that they encountered "unexpected events and harships" requiring the court to grant their motion. The court is of the opinion that Defendants failed to take the court's scheduling order seriously---assuming that they would be easily excused from complying with the scheduling order. That said, the court reviewed the written discovery requests Defendants served on Plaintiff---a set of 13 interrogatories ("INT") and a set of 15 requests for production of documents ("RPD"), (R. 87-3 & R. 87-4)---untimely and orders Plaintiff to respond to the following: (1) Defendants' INT No. 9 and identify (or produce) those documents supporting Plaintiff's allegations that Defendants infringed on Plaintiff's trademark; and (2) Defendants' RPD Nos. 1 (only those documents showing ownership of Plaintiff's subject trademark), 2 (all license agreements related to the subject trademark Plaintiff entered into from April 1, 2020, to the present, but if there are none, the most recent license agreement, if any), 3, and 15. The court finds that the other INTs and RPDs seek responses not relevant to the issues and defenses in this case or are simply nonsensical. Plaintiff is ordered to comply with this order by April 28, 2023. Parties are to then confer about the adequacy of Plaintiff's discovery responses by May 12, 2023. Defendants are to then file a status report identifying their issues with Plaintiff's responses, along with the relevant written discovery responses as exhibits, by May 19, 2023. Mailed notice |
|
92 |
April 28, 2023 |
STATUS Report by Avus Design, Inc. Exhibit A |
|
93 |
May 1, 2023 |
MINUTE entry before the Honorable Young B. Kim: According to Plaintiff's status report (R. 92), Defendants plan on supplementing their initial discovery responses by May 5, 2023. In light of this plan, Plaintiff is ordered to file an update, by May 12, 2023, on whether any of the identified discovery issues are mooted by the supplemental responses. Plaintiff must also file Defendants' discovery responses (and supplements thereto if applicable) to the interrogatories and requests to produce so that the court may resolve the issues identified. Mailed notice |
|
94 |
May 4, 2023 |
MOTION by Attorney Ge (Linda) Lei to withdraw as attorney for Greenten, Strainho. New address information: See Exhibits. Exhibit Notification of Party Contact Information Exhibit Notification of Party Contact Information |
|
95 |
May 10, 2023 |
NOTICE of Motion by Ge Lei for presentment of motion to withdraw as attorney, [94] before Honorable Jorge L. Alonso on 5/18/2023 at 09:30 AM. |
|
96 |
May 12, 2023 |
RESPONSE by Avus Design, Inc.in Opposition to MOTION by Attorney Ge (Linda) Lei to withdraw as attorney for Greenten, Strainho. New address information: See Exhibits.[94] Exhibit A Exhibit B Exhibit C Exhibit D |
|
97 |
May 12, 2023 |
STATUS Report by Avus Design, Inc. Presented before Magistrate Judge Exhibit A |
|
98 |
May 13, 2023 |
MINUTE entry before the Honorable Young B. Kim: The court has reviewed the status report (R. 97). The court will monitor the docket and issue a follow-up order once the assigned District Judge rules on the pending motion to withdraw. Mailed notice |
|
99 |
May 17, 2023 |
REPLY by Greenten, Strainho to response in opposition to motion, [96] Exhibit Exhibit |
|
100 |
May 17, 2023 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 5/18/23 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
101 |
May 18, 2023 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Defendants Strianho and Greenten's Motion for leave to withdraw [94] is granted. Attorney Ge (Linda) Lei is given leave to withdraw as counsel for Defendants Strianho and Greenten. Plaintiff's oral request for entry of default is granted. Default is entered pursuant to FRCP55(a) for failure to answer or otherwise plead against Defendants Strianho and Greenten. The referral to Magistrate Judge Kim is terminated. Telephonic status hearing set for 5/25/23 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
102 |
May 24, 2023 |
MOTION by Plaintiff Avus Design, Inc. for default judgment as to Plaintiff's Motion for Entry of Default Judgment Against Strainho and Greenten |
|
103 |
May 24, 2023 |
MEMORANDUM Plaintiff's Memorandum of Law in Support of its Motion for Default Judgment Against Strainho and Greenten |
|
104 |
May 24, 2023 |
DECLARATION of Kelley Gordon |
|
105 |
May 24, 2023 |
NOTICE of Motion by Kelley Stebbins Gordon for presentment of motion for default judgment[102] before Honorable Jorge L. Alonso on 5/30/2023 at 09:30 AM. |
|
106 |
May 24, 2023 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing set for 5/25/23 is stricken. Telephonic motion hearing set for 5/30/23 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by Judge's staff |
|
107 |
May 30, 2023 |
MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. Plaintiff's Motion for entry of default judgment against Strainho and Greenten [102] is granted. Enter Final Default Judgment Order. Civil case terminated. Notice mailed by Judge's staff |
|
108 |
May 30, 2023 |
FINAL Default Judgment Order. Signed by the Honorable Jorge L. Alonso on 5/30/2023. Notice mailed by Judge's staff |
|
109 |
June 9, 2023 |
Full SATISFACTION of Judgment |
|
110 |
Aug. 11, 2023 |
SATISFACTION of Judgment |
|
111 |
Sept. 12, 2023 |
SATISFACTION of Judgment |
|
112 |
Jan. 10, 2025 |
SATISFACTION of Judgment |