2023-cv-15181

COMPLAINT filed by Metallica ; Filing fee $ 402, receipt number AILNDC-21243954.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Metallica Schedule A regarding complaint 1

MOTION by Plaintiff Metallica for Leave to File Certain Documents Under Seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Metallica

Notice of Claims Involving Trademarks by Metallica

ATTORNEY Appearance for Plaintiff Metallica by Martin Francis Trainor

ATTORNEY Appearance for Plaintiff Metallica by Sydney Paige Fenton

CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. 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 Metallica for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery

MEMORANDUM by Metallica in support of motion for miscellaneous relief 9

Declaration of Martin F. Trainor

(Exhibit 1)

DECLARATION of Paul Varley regarding memorandum in support of motion 10

(Exhibit 1)

SEALED EXHIBIT by Plaintiff Metallica Exhibit 2, Parts 1-7 regarding declaration 11

Exhibit Exhibit 2, Part 1

Exhibit Exhibit 2, Part 2

Exhibit Exhibit 2, Part 3

Exhibit Exhibit 2, Part 4

Exhibit Exhibit 2, Part 5

Exhibit Exhibit 2, Part 6

(Exhibit Exhibit 2, Part 7)

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

MEMORANDUM by Metallica in support of motion for miscellaneous relief 13

Declaration of Martin F. Trainor

(Exhibit 1)

MAILED trademark report to Patent Trademark Office, Alexandria VA.

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

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion for leave to file certain documents under seal 3 and for electronic service of process pursuant to Fed. R. Civ. P. 4(f)(3) 13 is granted. Plaintiff's ex parte motion for an entry of a temporary restraining order, including a temporary injunction, temporary asset restraint, and expedited discovery 9 is granted. Mailed notice.

SEALED TEMPORARY Restraining Order. Signed by the Honorable Thomas M. Durkin on 10/30/2023. Mailed notice.

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 $ 92,000 posted by Metallica. (Document not scanned.)

MOTION by Plaintiff Metallica to Extend the Temporary Restraining Order

MEMORANDUM by Metallica in support of motion for miscellaneous relief 20

(Declaration of Martin F. Trainor)

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's ex-parte motion to extend the temporary restraining order 20 is granted. The temporary restraining order is extended to 11/27/2023. Mailed notice.

ATTORNEY Appearance for Plaintiff Metallica by Richard M. Poskozim

NOTICE of Voluntary Dismissal by Metallica as to certain defendants

SUMMONS Returned Executed by Metallica as to The Partnerships and Unincorporated Associations Identified on Schedule A on 11/21/2023, answer due 12/12/2023.

Declaration of RIchard Poskozim

(Exhibit A)

MOTION by Plaintiff Metallica for preliminary injunction

(Exhibit A)

MEMORANDUM by Metallica in support of motion for preliminary injunction 26

Declaration of Martin F. Trainor

(Exhibit 1 to Declaration)

NOTICE of Voluntary Dismissal by Metallica as to a certain defendant

MINUTE entry before the Honorable Thomas M. Durkin: Telephone motion hearing set for 11/27/2023 at 9:00 a.m. as to Plaintiff's motion for preliminary injunction 26. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 11/27/2023. No one was present on behalf of defendants. For the reasons stated on the record, Plaintiff's motion for entry of a preliminary injunction 26 is granted. Enter Preliminary Injunction Order. The Clerk's office is directed to unseal Schedule A to the Complaint 2, Exhibit 2 to the Declaration of Paul Varley 12, and the TRO 18. Plaintiff's counsel is ordered to add ALL Defendant names listed in Schedule A to the docket within three business days. Instructions can be found on the court's website https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_cmecf/pdfs/v60/Add_Terminate_Instructions.pdf. A telephone status hearing is set for 1/3/2024 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. 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.

PRELIMINARY Injunction Order. Signed by the Honorable Thomas M. Durkin on 11/27/2023. Mailed notice.

NOTICE of Voluntary Dismissal by Metallica as to certain defendants

NOTICE of Voluntary Dismissal by Metallica as to certain Defendants

NOTICE of Voluntary Dismissal by Metallica as to a certain defendant

NOTICE of Voluntary Dismissal by Metallica 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.

ATTORNEY Appearance for Defendants luaulooks., viwishs by Ge Lei

MOTION by Defendants luaulooks., viwishs for extension of time to answer or otherwise plead

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 1/3/2024. Counsel was present on behalf of Defendants luaulooks and viwishs. Defendants' motion for extension of time [38] is granted. Defendants luaulooks and viwishs are to respond to the complaint by 1/24/2024. A telephone status hearing is set for 2/5/2024 at 9:00 a.m. Please note, the dial in information has changed. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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.

NOTICE of Voluntary Dismissal by Metallica as to a certain defendant

ATTORNEY Appearance for Plaintiff Metallica by Alexander Whang

ANSWER to Complaint by luaulooks., viwishs

MOTION by Defendants luaulooks., viwishs to Modify Preliminary Injunction Order

Declaration

Exhibit

Exhibit

Exhibit

Exhibit

MINUTE entry before the Honorable Thomas M. Durkin: Defendants luaulooks. and viwishs' Motion to Modify Preliminary Injunction Order [43] will be addressed during the telephone status hearing set for 2/5/2024 at 9:00 a.m. Mailed notice.

NOTICE of Voluntary Dismissal by Metallica as to a certain defendant

RESPONSE by Metallica in Opposition to MOTION by Defendants luaulooks., viwishs to Modify Preliminary Injunction Order [43]

Declaration of Martin F. Trainor

Exhibit 1

Exhibit 2

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 2/5/2024. Absent an agreement from the parties, the Court will rule on Defendants luaulooks and viwishs' Motion to Modify Preliminary Injunction Order [43] during the next telephone conference, set for 2/8/2024 at 9:15 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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.

REPLY by luaulooks., viwishs to response in opposition to motion, [46]

Declaration

Declaration

Exhibit

Exhibit

MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 2/8/2024. For the reasons stated on the record, Defendants luaulooks and viwishs' Motion to Modify Preliminary Injunction Order [43] is granted. The asset restraint is reduced to $1,000 per Defendant. Plaintiff's Counsel is directed to notify PayPal immediately. The parties are to send a proposed discovery schedule to the courtroom deputy by 2/27/2024. A telephone status hearing is set for 3/6/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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.

NOTICE of Voluntary Dismissal by Metallica as to a certain defendant

NOTICE of Voluntary Dismissal by Metallica as to a certain defendant

MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff and Defendants luaulooks and viwishs noted in their joint proposed discovery schedule that they have reached a settlement in principle. A discovery schedule will not be entered at this time. The telephone status hearing set for 3/6/2024 stands. Mailed notice.

STIPULATION of Dismissal as to certain Defendants

MOTION by Plaintiff Metallica for entry of default, MOTION by Plaintiff Metallica for default judgment as to all Defendants

Exhibit A

MEMORANDUM by Metallica in support of motion for entry of default, motion for default judgment[54]

Exhibit 1

DECLARATION of Martin F. Trainor regarding memorandum in support of motion[55]

Exhibit 1

MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 3/6/2024 is vacated. A telephone hearing as to the motion for entry of default and for default judgment [54] is set for 3/12/2024 at 9:00 a.m. To join the telephone conference, dial (650) 479-3207, Access Code 180 815 7648. Throughout the hearing, each speaker will be expected to identify themselves for the record before speaking. Counsel must be in a quiet area while on the line. 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.

MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 3/12/2024. No one appeared on behalf of defendants. For the reasons stated on the record, the motion for entry of default and for default judgment 54 is granted. Enter order. Civil case terminated. Mailed notice.

FINAL Default Judgment Order. Signed by the Honorable Thomas M. Durkin on 3/12/2024. Mailed notice.