2023-cv-05676

COMPLAINT filed by Robert Smith; Filing fee $ 402, receipt number AILNDC-20946135.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Robert Smith Schedule A regarding complaint 1

MOTION by Plaintiff Robert Smith for leave to file under seal

CIVIL Cover Sheet

Notice of Claims Involving Trademarks by Robert Smith

ATTORNEY Appearance for Plaintiff Robert Smith by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Robert Smith by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Robert Smith by Justin Tyler Joseph

ATTORNEY Appearance for Plaintiff Robert Smith by Quinn Bradley Guillermo

CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable M. David Weisman. 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.

MAILED Trademark report to Patent Trademark Office, Alexandria VA

AMENDED complaint by Robert Smith against The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

SEALED EXHIBIT by Plaintiff Robert Smith Amended Schedule A regarding amended complaint[11]

MOTION by Plaintiff Robert Smith for discovery (Expedited)

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

MEMORANDUM by Robert Smith in support of motion for miscellaneous relief[14]

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

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff's motion for leave to file under seal 3 is granted. Plaintiff's motion for expedited discovery 13 is granted to allow Plaintiff to identify Defendant and learn Defendant's contact information, including all associated e-mail addresses. Plaintiff's motion for electronic service of process 14 is granted because electronic service of process does not violate any treaty and is consistent with due process because it effectively communicates the pendency of this action to Defendant. See, e.g., Oakley, Inc. v. Partnerships & Unincorporated Associations Identified in Schedule "A", No. 20-CV-05049, 2021 WL 2894166, at *5 (N.D. Ill. July 9, 2021) (finding electronic service proper in similar circumstances).

ORDER : THIS CAUSE being before the Court on Plaintiff Robert Smith's ("Plaintiff") Motion for Expedited Discovery and Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3) (the "Motions") against the fully interactive, e-commerce store operating under the seller alias identified in Schedule A to the Amended Complaint (the "Seller Alias"), this Court hereby GRANTS Plaintiff's Motions. Accordingly, this Court orders that:1.Upon Plaintiff's request, any third party with actual notice of this Order who is providing services for the Defendants, or in connection with the Online Marketplace, including, without limitation, any online marketplace platforms such as eBay, Inc. ("eBay"); AliExpress; Alibaba Group Holding Ltd. ("Alibaba"); Amazon.com, Inc. ("Amazon"); ContextLogic Inc. d/b/a Wish.com ("Wish.com"); Walmart, Inc. ("Walmart"); Etsy, Inc. ("Etsy"); DHgate; and WhaleCo, Inc. ("Temu") (collectively, the "Third Party Providers"), shall, within seven (7) calendar days of receipt of such notice, provide to Plaintiff expedited discovery, including copies of all documents and records in such person's or entity's possession or control relating to: Signed by the Honorable Nancy L. Maldonado on 9/6/2023. [For further details see order].

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

SUMMONS Returned Executed by Robert Smith as to The Partnerships and Unincorporated Associations Identified on Schedule A on 9/29/2023, answer due 10/20/2023.

Declaration of Quinn B. Guillermo

(Exhibit A)

NOTICE of Voluntary Dismissal by Robert Smith as to Defendant zuojialei

MINUTE entry before the Honorable Nancy L. Maldonado:Pursuant to the notice of voluntary dismissal, Defendant zuojialei No. 1 on Schedule A to the Amended Complaint 12) is dismissed without prejudice. All Defendants have been disposed of. Civil case terminated.