2023-cv-03111

COMPLAINT filed by Fear of God, LLC; Filing fee $ 402, receipt number AILNDC-20648410.

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SEALED EXHIBIT by Plaintiff Fear of God, LLC Schedule A regarding complaint[1]

MOTION by Plaintiff Fear of God, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fear of God, LLC

Notice of Claims Involving Trademarks by Fear of God, LLC

ATTORNEY Appearance for Plaintiff Fear of God, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Fear of God, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Fear of God, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Fear of God, LLC by Trevor Christian Talhami

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 Young B. Kim. 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 Fear of God, LLC against The Partnerships and Unincorporated Associations Identified on Schedule A

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SEALED EXHIBIT by Plaintiff Fear of God, LLC Amended Schedule A regarding amended complaint, [13]

MOTION by Plaintiff Fear of God, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Fear of God, LLC in support of motion for temporary restraining order[15]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[16]

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DECLARATION of Glenn Milus regarding memorandum in support of motion[16]

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SEALED EXHIBIT by Plaintiff Fear of God, LLC Exhibit 3 regarding declaration[18]

MOTION by Plaintiff Fear of God, LLCfor Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Fear of God, LLC in support of motion for miscellaneous relief[20]

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

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MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff's motion 15 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 06/01/2023, 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 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 06/09/2023 at 8:30 a.m. The Plaintiff shall file the TRO extension motion (or a preliminary injunction motion) no later than 06/02/2023. Emailed notice

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/25/2023. Emailed notice

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

BOND in the amount of $ $1,000.00 Receipt No. 4624286815 posted by Fear of God, LLC

(PUBLIC VERSION) SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Edmond E. Chang on 05/25/2023. Emailed notice

MOTION by Plaintiff Fear of God, LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Fear of God, LLC in support of motion for preliminary injunction 26

Declaration of Rachel S. Miller

(Exhibit 1)

SUMMONS Returned Executed by Fear of God, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 6/2/2023, answer due 6/23/2023.

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: In light of the continued applicability of the facts that justified entry of the TRO, the motion for preliminary injunction [26] is granted. Given the answer deadline of 06/23/2023, the tracking status hearing of 06/09/2023 is reset to 07/07/2023 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 06/29/2023, or if the defense has not answer timely, then the defense will be deemed in default and the Plaintiff shall file a default-judgment motion by the same deadline. Emailed notice

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Edmond E. Chang on 06/07/2023. Emailed notice

NEW PARTIES: djoiashdoiao added to case caption.

ATTORNEY Appearance for Plaintiff Fear of God, LLC by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Fear of God, LLC by Marcella Deshonda Slay

MOTION by Plaintiff Fear of God, LLC for entry of default, MOTION by Plaintiff Fear of God, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Fear of God, LLC in support of motion for entry of default, motion for default judgment 33

(Exhibit 1)

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

(Exhibit 1)

FINAL JUDGMENT ORDER: In light of the absence of a timely answer, the Plaintiff's motion [33] for default judgment is granted in part. Judgment entered in favor of the Plaintiff and against the Defendants in the amount of thirty-five thousand ($35,000). Permanent injunction entered in light of the finding of willfulness. A separate AO-450 judgment shall be entered. The tracking status hearing of 07/07/2023 is vacated. Civil case terminated. Signed by the Honorable Edmond E. Chang on 7/6/2023. Mailed notice.

ENTERED JUDGMENT. Mailed notice.

MAILED trademark report to Patent Trademark Office, Alexandria VA