2023-cv-11374

COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-21063208.

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SEALED EXHIBIT by Plaintiff Pit Viper, LLC Schedule A regarding complaint 1

MOTION by Plaintiff Pit Viper, LLC for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pit Viper, LLC

Notice of Claims Involving Trademarks by Pit Viper, LLC

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Rachel S Miller

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Trevor Christian Talhami

CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Text entry; no document attached.)

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.)

MOTION by Plaintiff Pit Viper, LLC for temporary restraining order including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Pit Viper, LLC in support of motion for temporary restraining order[11]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[12]

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DECLARATION of Vance Lommen regarding memorandum in support of motion[12]

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SEALED EXHIBIT by Plaintiff Pit Viper, LLC Exhibit 2 - Parts 1 - 7 regarding declaration[14]

MOTION by Plaintiff Pit Viper, LLC for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Pit Viper, LLC in support of motion for miscellaneous relief[16]

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion[17]

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MINUTE entry before the Honorable Charles P. Kocoras:Plaintiff's motion for leave to file [3] is granted.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, inlcuding a Temporary Injunction, A Temporary Asset Restraint, and Expedited Discovery 11 is granted. Plaintiff's Motion for Electronic Service of Process pursuant to Fed.R.Civ.P. 4(f)(3) 16 is granted. Enter Sealed Temporary Restraining Order.

SEALED TEMPORARY RESTRAINING ORDER Signed by the Honorable Charles P. Kocoras on 9/21/2023.

SUMMONS Issued as to Defendant The Partnerships and Unincorporated Associations Identified on Schedule A (Text entry; no document attached.)

SURETY BOND in the amount of $ 10,000.00 posted by Pit Viper, LLC. (Document not scanned).

MOTION by Plaintiff Pit Viper, LLC for extension of time of Temporary Restraining Order

MEMORANDUM by Pit Viper, LLC in support of extension of time[23]

Declaration of Rachel S. Miller

MAILED trademark report to Patent Trademark Office, Alexandria VA.

MAILED to plaintiff(s) counsel Lanham Mediation Program materials.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's ex parte motion to extend the temporary restraining order by a period of 14 days until October 19, 2023 23 is granted.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to Certain Defendants

MOTION by Plaintiff Pit Viper, LLC for preliminary injunction

(Exhibit A)

MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction 29

Declaration of Rachel S. Miller

(Exhibit 1)

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 10/11/2023, answer due 11/1/2023.

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for entry of a preliminary injunction 29 is granted.

PRELIMINARY INJUNCTION ORDER Signed by the Honorable Charles P. Kocoras on 10/19/2023.

ATTORNEY Appearance for Defendant FEISEDY by Jiyuan Zhang

MOTION by Defendant FEISEDY to dismiss Complaint [Dkt 1] due to duplicative suit

DECLARATION of Jiyuan Zhang regarding motion to dismiss[35]

Exhibit A. 23-cv-03612 Docket Report

Exhibit B. Communication

Exhibit C. Amazon Notice

MINUTE entry before the Honorable Charles P. Kocoras: Defendant FEISEDY's Motion to Dismiss [35] is entered and briefed as follows: response is due by 11/22/23; reply is due by 12/6/23. Court will rule by mail.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendants

MOTION by Plaintiff Pit Viper, LLC for entry of default, MOTION by Plaintiff Pit Viper, LLC for default judgment as to all Defendants with the Exception of a Certain Defendant

(Exhibit A)

MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment, 39

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 40

(Exhibit 1)

ATTORNEY Appearance for Defendants Tenxisse, Benajinin, SUPER-l by Adam Edward Urbanczyk

MOTION by Defendants Benajinin, SUPER-l, Tenxisse for extension of time UNOPPOSED

MINUTE entry before the Honorable Charles P. Kocoras: Defendants Benajinin, SUPER-l, and Tenxisse unopposed motion for extension of time to respond to plaintiff's complaint until 11/27/23 [43] is granted.

NOTICE of Voluntary Dismissal by Pit Viper, LLC as to certain defendant

MINUTE entry before the Honorable Charles P. Kocoras:Plaintiff's motion for entry of default and default judgment as to remaining defendants with the exception of defendant no. 17 [39] is granted. Plaintiff is awarded five hundred thousand dollars ($500,000) per defaulting defendant. Enter Final Judgment Order.

FINAL JUDGMENT ORDER Signed by the Honorable Charles P. Kocoras on 11/15/2023.

FULL SATISFACTION of Judgment regarding order[47] in the amount of $500,000 as to certain defendants

RESPONSE by Pit Viper, LLCin Opposition to MOTION by Defendant FEISEDY to dismiss Complaint [Dkt 1] due to duplicative suit [35]

Declaration of Rachel S. Miller

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FULL SATISFACTION of Judgment regarding order[47] in the amount of $500,000 as to certain defendants

STIPULATION of Dismissal

MINUTE entry before the Honorable Charles P. Kocoras: In light of the Stipulation of Dismissal 51 filed on 12/6/23, Defendant FEISEDY's Motion to Dismiss 35 is denied as moot.

FULL SATISFACTION of Judgment regarding order[47] in the amount of $500,000 as to certain defendants

MINUTE entry before the Honorable Charles P. Kocoras: A Stipulation of Dismissal having been filed on 12/06/23 [51], this action is dismissed with prejudice, including all asserted claims and each party shall bear its own costs and attorneys' fees. Civil case terminated.

MAILED trademark report to Patent Trademark Office, Alexandria VA

ATTORNEY Appearance for Defendant Wilkxuewa by Enrique Perez

MOTION by Defendant Wilkxuewa to vacate order[47] of Default Judgment

Declaration of Enrique Perez

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Declaration of He Xiao Qing

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MEMORANDUM by Wilkxuewa in support of motion to vacate, [57] the default judgment

MINUTE entry before the Honorable Charles P. Kocoras: Defendant Wilkxuewa's Motion to Vacate Order of Default Judgment [57] is entered and briefed as follows: response is due by 6/25/2024; reply is due by 7/10/2024. Court will rule by mail. Mailed notice.

MOTION by Plaintiff Pit Viper, LLC for Leave to Conduct Jurisdictional Discovery and Stay Defendant's Motion 57

DECLARATION of Trevor C. Talhami regarding motion for miscellaneous relief 60

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NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 60 before Honorable Charles P. Kocoras on 6/11/2024 at 09:50 AM.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion to leave to conduct jurisdictional discovery and stay defendant's motion to vacate default judgment order [60] is taken under advisement. The Court will rule by mail.Mailed notice. (sxh,)

MINUTE entry before the Honorable Charles P. Kocoras: In light of the Court's order [63] the motion hearing scheduled on 6/11/2024 is stricken. Mailed notice.

MINUTE entry before the Honorable Charles P. Kocoras: Plaintiff's motion for leave to conduct jurisdictional discovery and stay Defendant Wilkxuewa's motion to vacate the default judgment order 60 is granted. Telephonic status hearing to report on the progress or completion of jurisdictional discovery as to Defendant Wilkxuewa is set for 7/16/2024 at 10:00 a.m. Briefing schedule on Defendant Wilkxuewa's motion to vacate 57 is stayed pending further order of the Court. Mailed notice

MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing scheduled on 7/16/2024 is stricken. Parties shall file a joint status report by 7/16/2024. Mailed notice.

STATUS Report pursuant to [66] (Joint) by Pit Viper, LLC

MINUTE entry before the Honorable Charles P. Kocoras: The Court has reviewed the parties' joint status report [16]. Jurisdictional discovery is ongoing. An updated status report is due on 7/31/2024. Mailed notice.

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Berel Yonathan Lakovitsky

STATUS Report per [68] (Joint) by Pit Viper, LLC

MINUTE entry before the Honorable Charles P. Kocoras: The Court has reviewed the parties' joint status report [70]. The parties report jurisdictional discovery will be complete by 8/21/2024, at which time they will proceed with briefing Defendant Wilkxuewa's Motion to Vacate [57]. The Court adopts the parties' proposed briefing schedule: response is due by 9/18/2024; reply is due by 10/9/2024. No extensions will be granted absent good cause shown. Mailed notice.

MOTION by Plaintiff Pit Viper, LLC for an Extension of Time to Complete Jurisdictional Discovery (Joint)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[72] before Honorable Charles P. Kocoras on 8/27/2024 at 10:30 AM.

MINUTE entry before the Honorable Charles P. Kocoras:Joint motion for extension of time [72] is granted. Jurisdictional discovery now closes of 9/4/2024. Presentment hearing scheduled on 8/27/2024 is stricken. Mailed notice.

MOTION by Plaintiff Pit Viper, LLCto Extend the Briefing Schedule in Order [71] (Joint)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[75] before Honorable Charles P. Kocoras on 9/17/2024 at 10:30 AM.

MINUTE entry before the Honorable Charles P. Kocoras: Joint motion for extension of time [75] is granted; presentment hearing noticed for 9/17/2024 is stricken with no appearance necessary. Response to motion to vacate [57] is now due 10/2/2024; reply is now due 10/23/2024. Mailed notice.

RESPONSE by Pit Viper, LLCin Opposition to MOTION by Defendant Wilkxuewa to vacate order[47] of Default Judgment [57]

DECLARATION of Berel Y. Lakovitsky regarding response in opposition to motion[78]

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DECLARATION of Daven Brodess regarding response in opposition to motion[78]

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DECLARATION of Lijia Chen regarding response in opposition to motion[78]

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DECLARATION of Vance Lommen regarding response in opposition to motion[78]

REPLY by Defendant Wilkxuewa to response in opposition to motion[78] to vacate the default judgment

Notice of Recent Related Decision by Pit Viper, LLC

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Notice of Recent Related Decision by Pit Viper, LLC

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MINUTE entry before the Honorable Charles P. Kocoras: Defendant Wilkxuewa's motion to vacate [57] is denied. Case remains terminated. See Statement. Mailed notice.

ORDER. Signed by the Honorable Charles P. Kocoras on 1/10/2025. Mailed notice.

ATTORNEY Appearance for Defendant Wilkxuewa by Baruch Simcha Gottesman

PAYMENT by Wilkxuewa regarding 1 of Filing fee $ 605, receipt number CILNDC-22969400.

NOTICE of appeal by Wilkxuewa regarding orders [46], [87], [47], [86] Receipt number: y

DOCKETING Statement by Wilkxuewa regarding notice of appeal[90]

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal[90]

TRANSMITTED to the 7th Circuit the short record on notice of appeal[90]. Notified counsel

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal [90] ; USCA Case No. 25-1109.

FULL SATISFACTION of Judgment regarding order[47] in the amount of $500,000 as to certain defendant

FULL SATISFACTION of Judgment regarding order[47] in the amount of $500,000 as to certain defendants

CERTIFIED copy of order dated 04/07/2025 from the 7th Circuit regarding notice of appeal[90] ; Appellate case no. : 25-1109: IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b).

MANDATE of USCA dated 04/07/2025 regarding notice of appeal[90] ;USCA No.25-1109 ; No record to be returned.

FULL SATISFACTION of Judgment regarding order[47] in the amount of $500,000 as to certain defendant