2023-cv-15592

COMPLAINT filed by Volkswagen Group of America, Inc.; Filing fee $ 402, receipt number AILNDC-21290117.

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

SEALED EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding complaint 1

MOTION by Plaintiff Volkswagen Group of America, Inc. for leave to file under seal

CIVIL Cover Sheet

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Volkswagen Group of America, Inc.

Notice of Claims Involving Trademarks by Volkswagen Group of America, Inc.

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Justin R. Gaudio

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Amy Crout Ziegler

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Kahlia Roe Halpern

ATTORNEY Appearance for Plaintiff Volkswagen Group of America, Inc. by Thomas Joseph Juettner

CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2).

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.

AMENDED complaint by Volkswagen Group of America, Inc. against Car Accessories L Store and the Individuals and Entities Operating Car Accessories L Store and terminating The Partnerships and Unincorporated Associations Identified on Schedule A

Exhibit 1

Exhibit 2

Exhibit 3

(Exhibit 4)

EXHIBIT by Plaintiff Volkswagen Group of America, Inc. Schedule A regarding amended complaint, 11

MOTION by Plaintiff Volkswagen Group of America, Inc. for discovery Expedited

MOTION by Plaintiff Volkswagen Group of America, Inc. for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MEMORANDUM by Volkswagen Group of America, Inc. in support of motion for miscellaneous relief 14

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

Exhibit 1

(Exhibit 2)

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.

MINUTE entry before the Honorable Edmond E. Chang: On review of the Plaintiff's motion [3] to seal and the docket, the motion to seal says that the Plaintiff is seeking a TRO for, in part, asset-restraint purposes. But no TRO motion has been filed. Also, the Amended Complaint and Amended Schedule are public, R. 11, R. 12, and they both list the seller's name. On or before 04/09/2024, the Plaintiff shall file a supplement to the motion to seal to explain the absence of the TRO motion and the inconsistency between the sealing motion and the public nature of the Amended Complaint and Amended Schedule A. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 04/19/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SUPPLEMENT to motion for leave to file[3] per Minute Entry [18]

ORDER signed by the Honorable Edmond E. Chang on 04/05/2024: On review of the supplement, R. 19, the motion 3 to seal is terminated as withdrawn. The motions for expedited discovery and service of process 13, 14 are granted. The tracking status hearing of 04/19/2024 is reset to 05/10/2024 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 05/03/2024, or if the Defendant has not appeared, then the Plaintiff shall file the status report. Emailed notice

SUMMONS Issued as to Defendant Car Accessories L Store and the Individuals and Entities Operating Car Accessories L Store.

STATUS Report per 20 by Volkswagen Group of America, Inc.

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 21, the Plaintiff is awaiting the contact information from platform AliExpress. The tracking status hearing of 05/10/2024 is reset to 05/31/2024 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 a status report by 05/23/2024, and if AliExpress has not responded yet, the report shall state when the Plaintiff provided the discovery order to AliExpress. Emailed notice

STATUS Report per [22] by Volkswagen Group of America, Inc.

MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 23, the Plaintiff provided the disclosure order to Alibaba on 04/08/2024. Given the passage of time, if Alibaba has not responded as of 06/05/2024, then the Plaintiff shall file a motion to compel by 06/07/2024. The Plaintiff shall notify Alibaba of the motion-to-compel deadline and the possibility of fee-shifting for the motion if there is not good cause for failing to respond to the order by 06/05/2024. The tracking status hearing of 05/31/2024 is reset to 06/14/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

MOTION by Plaintiff Volkswagen Group of America, Inc. to compel

DECLARATION of Kahlia R. Halpern regarding motion to compel 25

Exhibit 1

Exhibit 2

(Exhibit 3)

MINUTE entry before the Honorable Edmond E. Chang: On review of the motion to compel 25 and the supporting exhibits, Respondent Alibaba shall respond to the motion to compel by 06/19/2024. Failure to respond on time may result in appropriate relief. Any reply is due on 06/24/2024. The tracking status hearing of 06/14/2024 is reset to 06/28/2024 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice

SUMMONS Returned Executed by Volkswagen Group of America, Inc. as to Car Accessories L Store and the Individuals and Entities Operating Car Accessories L Store on 6/18/2024, answer due 7/9/2024.

Declaration of Thomas J. Juettner

Exhibit A

Notice of Service to Defendant by Volkswagen Group of America, Inc.

(Exhibit A)

MINUTE entry before the Honorable Edmond E. Chang: No response was filed to the motion to compel, but the Plaintiff filed a return of service, R. 28, so presumably Respondent Alibaba Group Holding Ltd. provided the e-mail address of the Defendants. The tracking status hearing of 06/28/2024 is reset to 07/26/2024 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 07/18/2024. If the Defendants do not respond to the complaint by the 07/09/2024 deadline, R. 28, then the Defendant shall be deemed in default, and instead the Plaintiff shall file a default-judgment motion in a sum certain by 07/18/2024. Emailed notice

NOTICE of Voluntary Dismissal by Volkswagen Group of America, Inc. as to certain defendant

MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal 31, under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the case is dismissed without prejudice with each party to bear its own costs and fees. Plaintiff's motion to compel 25 is terminated as moot. Status hearing set for 07/26/2024 is vacated. Civil case terminated. Emailed notice