2023-cv-14761

COMPLAINT filed by Pit Viper, LLC; Filing fee $ 402, receipt number AILNDC-21210207.

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

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 Sara L. Ellis. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (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

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

DECLARATION of Vance Lommen regarding memorandum in support of motion 12

(Exhibit 1)

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

Exhibit 2-1

Exhibit 2-2

Exhibit 2-3

Exhibit 2-4

Exhibit 2-5

Exhibit 2-6

(Exhibit 2-7)

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

Exhibit 1

(Exhibit 2)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for temporary restraining order 11, motion for miscellaneous relief 16, motion for leave to file 3 before Honorable Sara L. Ellis on 10/18/2023 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motions for leave to file under seal 3, for entry of a temporary restraining order 11, and for electronic service of process 16. The Court sets a status date for 11/1/2023 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Mailed notice

SEALED TEMPORARY RESTRAINING ORDER. Signed by the Honorable Sara L. Ellis on 10/17/2023. Mailed notice.

SURETY BOND in the amount of $ 10,000 posted by Pit Viper, LLC. (Document not imaged)

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)

NOTICE of Motion by Rachel S Miller for presentment of extension of time 23 before Honorable Sara L. Ellis on 11/1/2023 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of the temporary restraining order [23]. The Court extends the TRO through 11/14/2023. The Court strikes the status date set for 11/1/2023 and resets it to 11/14/2023 at 9:45 AM. Plaintiff should file any motion for preliminary injunction and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Mailed notice

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

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

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

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

MOTION by Plaintiff Pit Viper, LLC for preliminary injunction as to Certain Defendants

Exhibit A

MEMORANDUM by Pit Viper, LLC in support of motion for preliminary injunction[30]

Declaration of Rachel S. Miller

Exhibit 1

NOTICE of Motion by Rachel S Miller for presentment of motion for preliminary injunction[30] before Honorable Sara L. Ellis on 11/14/2023 at 09:45 AM.

Exhibit A

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/9/2023, answer due 11/30/2023.

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

Declaration of Trevor C. Talhami

(Exhibit A)

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for preliminary injunction [30]. The Court strikes the status date set for 11/14/2023 and resets it to 12/14/2023 at 1:45 PM. Plaintiff should file any motion for default and entry of default judgment and notice it for presentment at the next status date. Mailed notice

PRELIMINARY INJUNCTION ORDER. Signed by the Honorable Sara L. Ellis on 11/13/2023:Mailed notice

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

NEW PARTIES: Cemoto Ltd, Linhai Chuangmu Glasses Factory, Linhai Chuangyi Glasses Co., Ltd., Taizhou Blue Eye Whale Trading Co., Ltd., Taizhou Pit Viper Glasses Co., Ltd., Taizhou Two Circles Trading Co., Ltd., Wenzhou Bingo Optical Co., Ltd., Wenzhou Yijia Optical Co., Ltd., Wenzhou Zhiheng Glasses Co., Ltd., Yiwu Fashion Leader Jewelry Co., Ltd, Yiwu Hanpu Trading Co., Ltd., Yiwu Yiya Trade Co., Ltd., Zhejiang Baolai Holding Group Co., Ltd., aoze sunglasses Store, Qianyi Hanwen Outdoor Monopoly Store, Shop1102154047 Store, Shop1102727691 Store, Shop1102817394 Store, Shop1102913415 Store, 4444, A2FCYEOW0ZIOWP, A3DXC8ESO98U58, A3O7QG37SRWF0, A3Y40YUSM3PUA, AEPIKNFZ0IF0A, AIAO US, anqingxueranshangmaoyouxiangongsihx, baiwenlongwa, Bhigh, bytebyte, caibiaoll, CangHaiL, chengpeiyaoshangmao, chouyan2023, chuangxingyue, chun wei mai tong bai huo dian, damai1234, Do123, DX Boutique stores, ECAVUIPOM US, ENSHIZHOUDaoRuiDianZiShangWuYouXianGongSi, fadflw shop, feishiadianzishangwu, Foshan Chancheng Yanfu Trading Co., Ltd., fuyun-shop, Gaobeidianlingwowangluokejiyouxiangongsi, GUANGZHUONAISHEyangsongyou, HuaRo, hujiandedede, Hzpohyz, i-Gof, junjun Specialty store, jwfuzhuang, Kai Li Trading, kaigaosh, kobejameswade, liaohuanyi, liaosuhua-us, Licputalch, LILYSITOM, linyishiqianqizhuangshangmaoyouxiangongsi, LLIYSUXYCD, Lm kuong, luanhehuanbao, LuBin Lai shang hang, Lucky sjl, MOOOST, Mr 007, mucibaihuo, NgocHuongstore, nvjihgjfg, pinkpiggy, Pocketbean, QfCs, sandianyiwan, scl996, shenzhenyuanyuanyuan1231, SUERTREE Store, Vilance, wangwenhaous, weifen234, WIIPU, WuFuQiang, XiWang555, Yeed Exquisite Selected, ZengDelongsetr, zestero, zhangzhangpingpingping, zhijiangshijinhoushangmaoyouxiangongsi, zhijiushangwu, zhiyanjj330, ZHOU SHU DONG, jsxhjbuy05, rentouhewujinyouxiangongsi, AIXIGLASSES, Bull Bull ge ge, DIJINYANJING, EISHEE, Eyeglass shop, FederalOutdoor Club, Focus A, geyuchens, HUILIUGUOJI, ICGUAA, JIEGOVRT, pujiangyouju, RM Bike, SHUOLIYAN OUTDOOR PRODUCTS, Taizhou City Hao no glasses, TZDG, X X X Wednesday, zmglasses, AEROFARA-MINI PC, CALLUMR, CHENGDUWEIYUEZHENYUSHANGMAOYOUXIANGONGSI, CJ&CHKUSY Co. Ltd, DreamsShe, Eebuyyd, joker.xue Co.Ltd, LingRan-home decoration, Monich, Ethanrom, June G Gordon, liuyuhao9782, lixiaoxuan5164, Robert H Wagner and yangyunlong24186 added to case caption. (Text entry; no document attached.)

SUMMONS Returned Executed by Pit Viper, LLC as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/28/2023, answer due 12/19/2023.

Declaration of Trevor C. Talhami

Exhibit A

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

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

MOTION by Plaintiff Pit Viper, LLC to Extend the Deadline to File its Motion for Entry of Default and Default Judgment

Exhibit A

NOTICE of Motion by Rachel S Miller for presentment of motion for miscellaneous relief[40] before Honorable Sara L. Ellis on 12/14/2023 at 01:45 PM.

Exhibit A

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for extension of time [40]. The Court strikes the status date set for 12/14/2023 and resets it to 12/19/2023 at 9:45 AM. Plaintiff should file any motion for default judgment and notice it for presentment at the next status date. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Mailed notice

MOTION by Plaintiff Pit Viper, LLC for reconsideration regarding order on motion for miscellaneous relief, terminate deadlines and hearings, set deadlines/hearings, [42]

Exhibit A

NOTICE of Motion by Rachel S Miller for presentment of motion for reconsideration, [43] before Honorable Sara L. Ellis on 12/19/2023 at 09:45 AM.

Exhibit A

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

ATTORNEY Appearance for Defendants CangHaiL, TZDG, jwfuzhuang, linyishiqianqizhuangshangmaoyouxiangongsi by Christopher Paul Keleher

MOTION by Defendants CangHaiL, TZDG, jwfuzhuang, linyishiqianqizhuangshangmaoyouxiangongsi for extension of time to file answer regarding complaint[1]

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 12/19/2023. Plaintiff's motion for reconsideration of [42] [43] is granted. Plaintiff should file any motion for default judgment and notice if for presentment at the next status date. Defendants' motion for extension of time to answer or otherwise plead [47] is granted. Defendants to answer or otherwise plead by 1/8/2024. Telephone Conference set for 1/10/2024 at 9:45 AM. Mailed notice

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

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

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 12/28/2023: Mailed notice.

MOTION by Plaintiff Pit Viper, LLC for entry of default, MOTION by Plaintiff Pit Viper, LLC for default judgment as to all Defendants

(Exhibit A)

MEMORANDUM by Pit Viper, LLC in support of motion for entry of default, motion for default judgment 52

(Exhibit 1)

DECLARATION of Justin R. Gaudio regarding memorandum in support of motion 53

(Exhibit 1)

NOTICE of Motion by Rachel S Miller for presentment of motion for entry of default, motion for default judgment 52 before Honorable Sara L. Ellis on 1/10/2024 at 09:45 AM.

(Exhibit A)

MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for entry of default and for default judgment 52. The Court enters judgment on behalf of Plaintiff and against Defendants identified on Amended Schedule A. Civil case terminated. Mailed notice

DEFAULT JUDGMENT ORDER. Signed by the Honorable Sara L. Ellis on 1/17/2024:Mailed notice

FULL SATISFACTION of Judgment regarding order 57 in the amount of $100,000 as to certain defendants

ATTORNEY Appearance for Defendant bytebyte by Enrique Perez

MOTION by Defendant bytebyte to vacate order 57

Declaration Enrique Perez

Exhibit 1

Exhibit 2

Declaration Chen

(Exhibit 1)

MEMORANDUM motion to vacate 60 by bytebyte

MEMORANDUM by bytebyte in support of motion to vacate 60 default judgment; CORRECTED VERSION OF 61

NOTICE of Motion by Enrique Perez for presentment of motion to vacate[60] before Honorable Sara L. Ellis on 5/29/2024 at 09:45 AM.

MOTION by Plaintiff Pit Viper, LLC for Leave to Conduct Jurisdictional Discovery and Stay Defendant's Motion 60

DECLARATION of Trevor C. Talhami regarding motion for miscellaneous relief 64

Exhibit 1

Exhibit 2

(Exhibit 3)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief 64 before Honorable Sara L. Ellis on 5/29/2024 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the 5/29/2024 hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Mailed notice

MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 5/29/2024 and continued to 7/9/2024 at 9:30 a.m. The Court grants Defendant's motion to vacate the default judgment 60. The Court grants in part and denies in part Plaintiff's motion for leave to conduction jurisdictional discovery and to stay defendant's motion 64. Plaintiff may conduct jurisdictional discovery. The parties should file a joint status report by 7/2/2024. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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. Mailed notice

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

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 7/9/2024 and resets it to 12/10/2024 at 9:30 AM for ruling on Defendant's motion to dismiss. Jurisdictional discovery closes on 8/9/2024. The Court sets the following briefing schedule on Defendant's motion to dismiss: Defendant's motion to dismiss is due by 8/16/2024; Plaintiff's response is due by 9/16/2024; and Defendant's reply is due by 9/30/2024. Attorneys/Parties should appear for the hearing by calling the TollFree Number: (866) 4345269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice.

MOTION by Plaintiff Pit Viper, LLC to compel

Declaration of Trevor C. Talhami

Exhibit 1 to Talhami Declaration

Exhibit 2 to Talhami Declaration

Exhibit 3 to Talhami Declaration

NOTICE of Motion by Rachel S Miller for presentment of motion to compel, [71] before Honorable Sara L. Ellis on 7/16/2024 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: Attorneys/Parties should appear for the 7/16/2024 hearing by calling the TollFree Number: (866) 4345269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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. Mailed notice

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Andrew Daniel Burnham

MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held. The Court denies Plaintiff's motion to compel [71] without prejudice. The next status hearing is set for 12/10/2024 at 9:30 AM for ruling on Defendant's motion to dismiss. Mailed notice

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

FULL SATISFACTION of Judgment regarding order[57] in the amount of $100,000 as to certain defendant

JOINT NOTICE of Motion by Enrique Perez for presentment of before Honorable Sara L. Ellis on 8/14/2024 at 09:45 AM.

MOTION by Defendant bytebyte for extension of time to complete discovery

MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion for extension of time [79]. The Court extends fact discovery through 8/16/2024. The Court revises the briefing schedule as follows: Defendant's motion to dismiss is due by 8/23/2024; Plaintiff's response is due by 9/23/2024; and Defendant's reply is due by 10/7/2024. Mailed notice

NOTICE of Motion by Enrique Perez for presentment of before Honorable Sara L. Ellis on 8/29/2024 at 01:45 PM.

MOTION by Defendant bytebyte to dismiss for lack of personal jurisdiction

MEMORANDUM by bytebyte in support of motion to dismiss[82] for lack of personal jurisdiction

Declaration Enrique Perez

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the presentment date of Defendant's motion to dismiss [81] and relies upon the previously set briefing schedule [80]. Mailed notice

TRANSCRIPT OF PROCEEDINGS held on 07/16/24 before the Honorable Sara L. Ellis. Order Number: 49312. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/2/2024. Redacted Transcript Deadline set for 10/14/2024. Release of Transcript Restriction set for 12/10/2024.

MOTION by Plaintiff Pit Viper, LLC to Extend the Briefing Schedule in Order [80] (Joint)

NOTICE of Motion by Justin R. Gaudio for presentment of motion for miscellaneous relief[86] before Honorable Sara L. Ellis on 9/17/2024 at 09:45 AM.

MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion for extension of time [86]. The Court revises the briefing schedule as follows: Plaintiff's response to Defendant's motion to dismiss [81] is due by 10/7/2024 and Defendant's reply is due by 10/21/2024. Mailed notice

RESPONSE by Pit Viper, LLCin Opposition to MOTION by Defendant bytebyte to dismiss for lack of personal jurisdiction [82]

DECLARATION of Berel Y. Lakovitsky regarding response in opposition to motion[89]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7

Exhibit 8

Exhibit 9

DECLARATION of Daven Brodess regarding response in opposition to motion[89]

Exhibit 1

DECLARATION of Lijia Chen regarding response in opposition to motion[89]

Exhibit 1

Exhibit 2

Exhibit 3

Exhibit 4

DECLARATION of Vance Lommen regarding response in opposition to motion[89]

REPLY by Defendant bytebyte to response in opposition to motion[89] to dismiss

MOTION by Plaintiff Pit Viper, LLC to strike reply[94]

NOTICE of Motion by Rachel S Miller for presentment of motion to strike[95] before Honorable Sara L. Ellis on 10/30/2024 at 09:45 AM.

RESPONSE by bytebytein Opposition to MOTION by Plaintiff Pit Viper, LLC to strike reply[94] [95]

MINUTE entry before the Honorable Sara L. Ellis: The Court takes Plaintiff's motion to strike [95] under advisement and will only consider Defendant's reply to the extent that it does not raise new issues or arguments that belong in its motion to dismiss. No appearance required on 10/30/2024. Mailed notice

ATTORNEY Appearance for Plaintiff Pit Viper, LLC by Luana Faria De Souza (Faria De Souza, Luana)

Opinion and Order. Signed by the Honorable Sara L. Ellis on 12/9/2024:Emailed notice

MINUTE entry before the Honorable Sara L. Ellis:The Court denies Bytebyte's motion to dismiss or, in the alternative, for a more definite statement 82. The Court grants Pit Viper's motion to strike portions of Defendant's reply 95. The Court strikes the status date set for 12/10/2024 and resets it to 4/9/2025 at 9:30 AM. The Court sets the following discovery schedule: Rule 26(a)(1) disclosures are due by 12/30/2025; written discovery to issue by 1/17/2025; and fact discovery closes on 3/31/2025. The parties should file a joint status report by 4/2/2025 indicating the status of fact discovery, the status of settlement discussions and whether the parties request a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing, where applicable. If the parties file a stipulation of dismissal prior to the next status date, no appearance is required. Mailed notice

ANSWER to Complaint, COUNTERCLAIM filed by bytebyte against Pit Viper, LLC. by bytebyte

Exhibit 1

(Exhibit 2)

ANSWER to counterclaim 102 and Affirmative Defense by Pit Viper, LLC

STIPULATION of Dismissal as to Defendant bytebyte (Joint)

MINUTE entry before the Honorable Sara L. Ellis: Pursuant to the parties' stipulation of dismissal 104, the Court dismisses this case with prejudice and with each party to bear its own costs and fees. Case terminated.Emailed notice

FULL SATISFACTION of Judgment regarding order 57 in the amount of $100,000 as to certain defendant