2022-cv-05880

COMPLAINT filed by Marshall Amplification PLC; Filing fee $ 402, receipt number AILNDC-19980096.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Marshall Amplification PLC Schedule A regarding complaint[1]

MOTION by Plaintiff Marshall Amplification PLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Marshall Amplification PLC

Notice of Claims Involving Trademarks by Marshall Amplification PLC

ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Justin R. Gaudio

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment.

ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Rachel S Miller

MAILED Trademark report to Patent Trademark Office, Alexandria VA

AMENDED complaint by Marshall Amplification PLC against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Marshall Amplification PLC Amended Schedule A regarding amended complaint[11]

MOTION by Plaintiff Marshall Amplification PLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Marshall Amplification PLC 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 Christine Wang regarding memorandum in support of motion 14

Exhibit 1

(Exhibit 2)

SEALED EXHIBIT by Plaintiff Marshall Amplification PLC Exhibit 3 - Parts 1 - 4 regarding declaration 16

Exhibit 3-1

Exhibit 3-2

Exhibit 3-3

(Exhibit 3-4)

MOTION by Plaintiff Marshall Amplification PLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Marshall Amplification PLC in support of motion for miscellaneous relief 18

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

Exhibit 1

(Exhibit 2)

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.

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. The Plaintiff's motion 3 for leave to file under seal is granted in light of the asset-restraint goal. By 01/25/2023, 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 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 02/03/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 01/30/2023. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 01/23/2023. Emailed notice

BOND in the amount of $1000 check, Receipt No. 4624281781, posted by Marshall Amplification PLC

MOTION by Plaintiff Marshall Amplification PLC for extension of time of Temporary Restraining Order

MEMORANDUM by Marshall Amplification PLC in support of extension of time 24

(Declaration of Rachel S. Miller)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the circumstances that justified entry of the initial TRO, the motion to extend the TRO 24 is granted. The TRO is extended through 02/20/23. The tracking status hearing of 02/03/2023 is reset to 02/17/2023 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 02/10/2023, or the Plaintiff shall file a motion for preliminary injunction if appropriate. Emailed notice

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

ATTORNEY Appearance for Plaintiff Marshall Amplification PLC by Quinn Bradley Guillermo

MOTION by Plaintiff Marshall Amplification PLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Marshall Amplification PLC in support of motion for preliminary injunction 28

Declaration of Rachel S. Miller

(Exhibit 1)

SUMMONS Returned Executed by Marshall Amplification PLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 2/2/2023, answer due 2/23/2023.

Declaration of Rachel S. Miller

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the same circumstances that justified entry of the TRO, the motion for preliminary injunction [28] is granted. Given the answer deadline of 02/23/2023, R. 30, the tracking status hearing of 02/17/2023 is reset to 03/03/2023 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 02/24/2023, or the Plaintiff shall file a motion for default judgment if appropriate. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 02/13/2023. Emailed notice

SUMMONS Issued as to Unknown Fanjinping and the Individuals and Entities Operating Fanjinping.

NEW PARTIES: fanjinping added to case caption.

MOTION by Plaintiff Marshall Amplification PLC for entry of default, MOTION by Plaintiff Marshall Amplification PLC for declaratory judgment all Defendants

Exhibit A

MEMORANDUM by Marshall Amplification PLC in support of motion for entry of default, motion for declaratory judgment[33]

Exhibit 1

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[34]

Exhibit 1

FINAL JUDGMENT ORDER signed by the Honorable Edmond E. Chang on 2/26/2023: In light of the absence of a timely answer, the Plaintiff's motion for default judgment is granted in part. Statutory damages are awarded in the amount of $10,000 (ten-thousand dollars). Permanent injunction entered in light of the willfulness established by the default. A separate AO-450 judgment shall be entered. The tracking status hearing of 03/03/2023 is vacated. Civil case terminated. Mailed notice

ENTERED JUDGMENT on 2/26/2023. Mailed notice

MOTION by Plaintiff Marshall Amplification PLC to amend/correct order on motion for entry of default, order on motion for default judgment, terminate hearings, terminated case, 36

(Exhibit A)

ORDER Signed by the Honorable Edmond E. Chang on 3/13/2023: On review of the motion 38 to amend the judgment order, because the relief sought has no direct impact on the judgment entered against the Defendants, the motion is granted in part. The judgment order need not be amended, but the Court orders that the one-thousand dollar ($1,000) cash bond be released to the Plaintiff, **including the interest minus the registry fee.** Emailed notice